Home | Databases | WorldLII | Search | Feedback Canadian Treaty Series

Exchange of Notes constituting an Agreement to renew for an indeterminate period and amend the Agreement between the Government of Canada and the Government of the United States of America on Cooperation in Comprehensive Civil Emergency Planning and Management, done at Ottawa on April 28, 1986 [1998] CATSer 26 (2 December 1998)

E103172 - CTS 1998 No. 36

EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT TO RENEW FOR AN INDETERMINATE PERIOD AND AMEND THE AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA ON COOPERATION IN COMPREHENSIVE CIVIL EMERGENCY PLANNING AND MANAGEMENT, DONE AT OTTAWA ON APRIL 28, 1986

I

The Embassy of Canada to the Department of State of the United States of America

CANADIAN EMBASSY

Note No. 0380

The Embassy of Canada presents its compliments to the Department of State and has the honour to refer to recent discussions between officials of our two governments concerning an amendment to Annex A to the Agreement Between the Government of Canada and the Government of the United States of America on Cooperation in Comprehensive Civil Emergency Planning and Management. The Agreement was entered into on April 28, 1986. In recent discussions, officials of our two governments have concluded that an amendment to Annex A is necessary to take into account changes in names to constituent elements covered by the Agreement and to permit the establishment of functional working groups within the auspices of the Agreement.

Therefore, the Government of Canada proposes that Annex A to the Agreement on Cooperation in Comprehensive Civil Emergency Planning and Management, entered into on April 28, 1986, be replaced by Annex A to this Note.

The Government of Canada has the honour to propose that, if the arrangement outlined in this Note with its attached Annex A is acceptable to the United States Government, this Note together with its Annex and your reply to that effect, shall constitute an Agreement between our two Governments made as of the date of your reply.

The Embassy of Canada takes this occasion to renew to the Department of State the assurances of its highest consideration.

WASHINGTON, D.C.

December 19, 1997

ANNEX A

CONSULTATIVE GROUP ON COMPREHENSIVE CIVIL EMERGENCY PLANNING AND MANAGEMENT

1. STRUCTURE AND REPRESENTATION

The Consultative Group shall include as co-chairpersons the Executive Director of Emergency Preparedness Canada for Canada, and the Director of the Federal Emergency Management Agency for the United States.

One representative each from the Department of Foreign Affairs and International Trade and Emergency Preparedness Canada shall be Canadian members.

One representative each from the Department of State and the Agency for International Development's Office of the U.S. Foreign Disaster Assistance shall be United States members.

Representatives of other Canadian or United States government departments or agencies may participate as required.

The Secretariat of the Consultative Group will be provided by Emergency Preparedness Canada and the Federal Emergency Management Agency as required.

2. TERMS OF REFERENCE

Being responsible for supervising Canada-United States comprehensive civil emergency planning and management for both peacetime and times of hostilities, the Consultative Group:

(a) shall consider means of cooperation in planning for comprehensive civil emergency management;

(b) shall recommend to the Government of Canada, and to the Government of the United States, actions to be taken regarding the development of studies, the exchange of information, and the development and coordination of plans and recommendations;

(c) shall encourage and facilitate, where appropriate, planning and development of mutual cooperation for comprehensive civil emergency management by provinces, states and municipalities;

(d) shall endeavour to facilitate, as appropriate, the prompt entry into and exit from its territory of personnel, materials and equipment involved in cooperative programs covered under this Agreement, subject to the applicable laws of each country;

(e) may establish joint functional and/or regional working groups to carry out specific tasks;

(f) shall facilitate the exchange of information relative to prevention, mitigation and assistance regarding comprehensive civil emergency planning outside of the common border areas, as appropriate;

(g) may invite other federal, regional, provincial, state or local authorities and representatives of the private sector to meetings of the Consultative Group and/or the established working groups, as appropriate, with the prior consent of both Parties; and,

(h) as far as possible, will alternate conference sites between the United States and Canada.

3. AMENDMENT

The Executive Director of Emergency Preparedness Canada, on behalf of Canada, and the Director of the Federal Emergency Management Agency, are empowered to amend this Annex (and any additional Annexes) subject to the requirement that all such amendments shall be consistent with the Agreement, and forwarded to the Department of Foreign Affairs and International Trade and the Department of State for formal approval by Exchange of Notes.

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA ON COOPERATION IN COMPREHENSIVE CIVIL EMERGENCY PLANNING AND MANAGEMENT (1986)

ANNEX A - CONSULTATIVE GROUP ON COMPREHENSIVE CIVIL EMERGENCY PLANNING AND MANAGEMENT

The undersigned approve the attached, amended version of Annex A to the subject Agreement and authorise the exchange of notes to formally acknowledge that approval in accordance with the amendment procedures prescribed therein.

Eric L. Shipley

Signed for the Government of Canada this 12^th day of August, 1996 at Ottawa, Ontario

James L. Witt

Signed for the Government of the United States this 12th day of August, 1996 at Washington, District of Columbia.

II

The Department of State of the United States of America to the Embassy of Canada

The Department of State acknowledges receipt of Note No. 0380 from the Embassy of Canada, dated December 19, 1997, in which the Government of Canada proposed that Annex A to the 1986 Agreement between the Government of the United States of America and the Government of Canada on Cooperation in Civil Emergency Planning and Management (the 1986 Agreement) be replaced by the revised Annex attached to the Embassy's Note.

In this regard, the Department of State accepts, on behalf of the Government of the United States of America, the aforementioned proposal of the Government of Canada to revise Annex A of the 1986 Agreement.

The Department of State further proposes to the Government of Canada that the 1986 agreement, which expired on April 28, 1996, be renewed and continued in force until terminated by either Party upon six (6) months' written notice to the other Party.

If this proposal is acceptable to the Government of Canada, the Department of State proposes that the Embassy of Canada's note No. 0380, with its attachment, this note, and a favorable note in response from the Embassy of Canada, shall constitute an agreement between the two Governments on this matter which shall enter into force on the date of the Embassy's note in reply.

Department of State,

WASHINGTON, March 17, 1998

III

The Embassy of Canada to the Department of State of the United States of America

CANADIAN EMBASSY

Note No. 0369

The Embassy of Canada presents its compliments to the Department of State and has the honour to acknowledge receipt of the Department's Note dated March 17, 1998, in which the Government of the United States indicated its acceptance of the Canadian proposal contained in the Embassy's Note No. 0380 of December 19, 1997, to revise Annex A of the 1986 Agreement between the Government of Canada and the Government of the United States of America on Cooperation in Comprehensive Civil Emergency Planning and Management.

In its Note of March 17, 1998, the Department of State further proposed that the 1986 Agreement, which expired on April 28, 1996, be renewed and continued in force until terminated by either Party upon six (6) months written notice to the other Party.

In this regard, the Embassy of Canada has the honour to accept, on behalf of the Government of Canada, the U.S. proposal to renew the 1986 Agreement and further accepts that the Department of State's Note of March 17, 1998, the Embassy of Canada's Note No. 0380 of December 19, 1997, with its attachment, and this Note, which is equally authentic in English and in French, shall constitute an Agreement between our two governments on this matter and shall enter into force on the date of this Note.

The Embassy of Canada takes this occasion to renew to the Department of State the assurances of its highest consideration.

WASHINGTON, D.C.

December 2, 1998