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Agreement to Ban Smoking on International Passenger Flights [1997] CATSer 1 (1 January 1997)

E102789 - CTS 1995 No. 2

AGREEMENT TO BAN SMOKING ON INTERNATIONAL PASSENGER FLIGHTS

THE PARTIES TO THIS AGREEMENT,

RECOGNIZING that eliminating smoking on board aircraft reduces the health hazards to passengers and crew and enhances aviation safety; and

RECOGNIZING that Resolution A29-15 adopted by the International Civil Aviation Organization on October 8, 1992 called on all Contracting States "to take necessary measures as soon as possible to restrict smoking progressively on all international passenger flights";

HAVE AGREED AS FOLLOWS:

ARTICLE 1

Each Party shall prohibit smoking on all passenger flights operated by its airlines between points in the territory of one Party and points in the territory of another Party, except for flights operated via an intermediate point in the territory of a State which is not a party to this Agreement. No Party shall be obliged to prohibit smoking on flights chartered by a single person, company or organization and in respect of which no charge or other financial obligation is imposed on any passenger in connection with the flight.

ARTICLE 2

This prohibition shall apply to all locations within the aircraft and shall be in effect from the time an aircraft commences enplanement of passengers to the time deplanement of passengers is completed.

ARTICLE 3

Each Party shall take all measures that it considers reasonable to secure compliance by its airlines and by their passengers and crew with the prohibition of smoking contained in this Agreement, including the imposition of appropriate penalties for non-compliance.

ARTICLE 4

1. This Agreement shall be open for signature by the Governments of Australia, Canada, and the United States of America.

2. Accession to this Agreement shall be accomplished by the deposit of an Instrument of Accession with the Government of Canada and the Agreement shall enter into force with respect to that acceding Party on the 60th day following the deposit of such Instrument.

ARTICLE 5

Any Party may denounce this Agreement at any time by depositing a written notice with the Government of Canada. The denunciation shall be effective 12 months following such notification.

ARTICLE 6

The original of this Agreement shall be deposited with the Government of Canada which shall transmit certified copies thereof to all Parties which may sign or accede to this Agreement, and which shall register this Agreement and any amendments thereto with the United Nations in accordance with Article 102 of the United Nations Charter and with the International Civil Aviation Organization. The Government of Canada shall notify signatory and acceding Parties and the International Civil Aviation Organization of all signatures, accessions or denunciations thereto, and of the entry into force of this Agreement.

ARTICLE 7

This Agreement shall enter into force on the 120th day following signature by the Governments of Australia, Canada, and the United States of America.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.

DONE at Chicago, this 1^st day of November, 1994, in the English and French languages, each text being equally authentic.