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Exchange of Notes constituting an Agreement between the Government of Canada and the Government of the United States of America to extend for ten years the Agreement of June 17, 1986, providing for the Continued Operation and Maintenance of the Torpedo Test Range in the Strait of Georgia and to amend the Annex attached to the Exchange of Notes of January 13, and April 14, 1976 [1999] CATSer 46 (17 December 1999)

E103369 - CTS 1999 No. 45

EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA TO EXTEND FOR TEN YEARS THE AGREEMENT OF JUNE 17, 1986, PROVIDING FOR THE CONTINUED OPERATION AND MAINTENANCE OF THE TORPEDO TEST RANGE IN THE STRAIT OF GEORGIA AND TO AMEND THE ANNEX ATTACHED TO THE EXCHANGE OF NOTES OF JANUARY 13 AND APRIL 14, 1976

I

The Embassy of the United States of America to the Department of Foreign Affairs and International Trade of Canada

No. 732

The Embassy of the United States of America presents its compliments to the Department of Foreign Affairs and International Trade and has the honor to refer to the Exchange of Notes between our two Governments of June 3, 1986 and June 7, 1986, together with the Exchange of Notes of January 13, 1976, and April 14, 1976, and its accompanying Annex, which constitute Agreements for the establishment, operation and maintenance of a torpedo test range in the Strait of Georgia and the installation and utilization of an advanced underwater acoustic measurements system at Jervis Inlet.

As the 1986 Exchange of Notes provides that the Agreement will continue in force after the ten-year period until terminated by either party in accordance with the provisions of the 1976 Exchange of Notes, the Agreement is currently in force. Considering, however, that long-term planning and commitment of resources are essential to the continued success of the test range, the Embassy has the honor to propose that our two Governments agree to renew the 1986 Agreement for a period of ten years.

Reaffirming the importance to our two Governments of following sound environmental practices, the Embassy has the honor to propose that the language proposed by the Government of Canada at the October 7-10, 1997 meeting of the Permanent Joint Board on Defence, which reads as follows:

"Both governments agree to adopt protocols which ensure responsible environmental stewardship. Specifically, standardized procedures to ensure prevention, response and mitigation of environmental damage will be adopted. This will include guidelines for exercising associated response teams in various related scenarios."

be inserted as paragraph 10 of the Annex accompanying the 1976 Agreement and the original paragraph 10 be redesignated as paragraph 11.

The undertakings of either Government with regard to matters under this Agreement shall be subject to the availability of funds.

The Embassy has the honor to propose that if the arrangements set forth in this Note are acceptable to your Government, this Note and your reply to that effect, which is equally authentic in both English and French, shall constitute an Agreement between our two Governments which shall enter into force on the date of your reply to this Note for a period of ten years. The Agreement shall continue in force thereafter, subject to termination, in accordance with the terms and conditions set forth in the 1976 Agreement.

The Embassy of the United States of America avails itself of this opportunity to renew to the Department of Foreign Affairs and International Trade the assurances of its highest consideration.

Embassy of the United States of America,

Ottawa, December 17, 1999

(Sealed and initialled)

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The Government of Canada to the Embassy of the United States of America

OTTAWA, December 17, 1999

Note no. JLAB-0225

The Government of Canada has the honour to refer to the Note No. 732, dated December 17, 1999 of the Embassy of the United States of America in Ottawa which proposes a ten year renewal of the 1986 Agreement regarding the operation and maintenance of the torpedo test range in the Strait of Georgia.

The Government of Canada takes note of the proposal of the Embassy to insert a new paragraph 10, and the redesignation of the existing paragraph 10 as paragraph 11, in the Annex accompanying the 1976 Agreement regarding the operation and maintenance of the torpedo test range in the Strait of Georgia and the installation and utilisation of an advanced underwater acoustic measurement system at Jervis inlet.

The Government of Canada has the honour to inform the Embassy that the proposals contained in its Note are acceptable. Accordingly, this will confirm that the Embassy's Note and this reply, which is equally authentic in both English and French, shall constitute an Agreement between our two Governments on this matter which shall enter into force for a period of ten years on the date of this reply.

The Government of Canada takes this opportunity to renew to the Embassy of the United States of America the assurances of its highest consideration.

George Haynal

Assistant Deputy Minister (America)