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Exchange of Notes between the Government of Canada and the Government of the Federative Republic of Brazil constituting an Agreement to amend the May 15, 1986 Air Transport Agreement [1990] CATSer 38 (20 December 1990)

E100229 - CTS 1900 No. 5

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL CONSTITUTING AN AGREEMENT TO AMEND THE MAY 15, 1986 AIR TRANSPORT AGREEMENT

I

The Ambassador of the Federative Republic of Brazil to the Secretary of State for External Affairs

OTTAWA, September 28, 1990

No. 101

The Right Honourable Joe Clark, P.C., M.P.
Secretary of State for External Affairs

Sir,

In accordance with the understanding reached between the aeronautical authorities of Brazil and Canada, I have the honour to propose to Your Excellency as provided for in Article XIX of the Agreement on Air Transport between the Government of the Federative Republic of Brazil and the Government of Canada, that the text of the Annex of the said Agreement may read as follows:

"ANNEX

SECTION I

The following route may be operated in each direction by the designated airline or airlines of the Federative Republic of Brazil:

Notes:

1. Any point or points specified above may be omitted on any or all services but all services shall originate or terminate in Brazil.

2. Service at Toronto shall be operated in period of the day and at a terminal building acceptable to airport management, consistent with requirements of the Government of Canada regarding exceptions to the moratorium on additional foreign airline entry at Pearson International Airport (Toronto).

3. For the purpose of Article XI the airline or airlines designated by the Federative Republic of Brazil shall in total be entitled to operate two flights weekly in each direction with DC-10 or equivalent aircraft. Any change to the permitted frequency and capacity shall be determined pursuant to the provisions of Article XI.

4. The designated airline or airlines designated by the Federative Republic of Brazil shall file schedules with the aeronautical authorities of Canada in accordance with Canadian regulations. Such schedule shall include all relevant information such as the type, model and configuration of aircraft, frequency of services, and points to be served. Such schedules shall be accepted or approved if they conform to the provisions of the Annex to this Agreement.

5. No fifth freedom rights shall be available between any points on the specified route. Stopover privileges shall not be permitted at Chicago.

ANNEX

SECTION II

The following route may be operated in each direction by the designated airline or airlines of Canada:

Notes:

1. Any point or points specified above may be omitted on any or all services but all services shall originate or terminate in Canada.

2. For the purpose of Article XI the airline or airlines designated by Canada shall in total be entitled to operate two flights weekly in each direction of DC-10 or equivalent aircraft. Any change to the permitted frequency and capacity shall be determined pursuant to the provisions of Article XI.

3. The designated airline(s) of Canada shall file schedules with the aeronautical authorities of Brazil in accordance with Brazilian regulations. Such schedules shall include all relevant information such as the type, model and configuration of aircraft, frequency of service, and points to be served. Such schedules shall be accepted or approved if they conform to the provisions of the Annex to this Agreement.

4. The point to be chosen by Canada from either Manaus or Recife may be changed each IATA period or sixty days notice to the Aeronautical authorities of Brazil".

Should the Government of Canada accept the above proposal, this Note, together with Your Excellency's Note of reply, in which you express your acceptance, shall constitute an amendment to the Agreement on Air Transport between Brazil and Canada.

I avail myself of this occasion to renew to Your Excellency the assurances of my highest consideration.

Paulo Pires do Rio

Ambassador of Brazil

II

The Secretary of State for External Affairs to the Ambassador of the Federative Republic of Brazil

OTTAWA, December 20, 1990

His Excellency Paulo Pires do Rio
Ambassador of the Federative Republic of Brazil
Ottawa

Excellency:

I have the honour to refer to your Note Number 101 of September 28, 1990 which reads as follows:

(See Brasilian Note No. 101 of September 28, 1990)

I have the further honour to confirm that the Government of Canada agrees to your Government's proposal to replace the Annex of the Agreement on Air Transport by the new Annex mentioned above in your Note.

Accordingly, this Note, which is authentic in the English and French languages, and your Note shall be an agreement between our two Governments which shall enter into force on the date of this Note.

Please accept, Excellency, the assurances of my highest consideration.

Joe Clark

Secretary of State for External Affairs