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Exchange of Notes between Canada and the United States of America constituting an Agreement for the Establishment of the St. Lawrence River Joint Board of Engineers [1953] CATSer 10 (12 November 1953)

E100451 - CTS 1953 No. 21

EXCHANGE OF NOTES BETWEEN CANADA AND THE UNITED STATES OF AMERICA CONSTITUTING AN AGREEMENT FOR THE ESTABLISHMENT OF THE ST. LAWRENCE RIVER JOINT BOARD OF ENGINEERS

I

The Canadian Ambassador to the United States of America to the Secretary of State of the United States of America

CANADIAN EMBASSY

WASHINGTON, November 12, 1953

No. 820

Sir,

I have the honour to refer to the Order of Approval issued by the International Joint Commission on October 29, 1952, under authority of the Boundary Waters Treaty of January 11, 1909, in the matter of the applications of the Government of Canada and the Government of the United States of America for an Order of Approval for the construction of certain works for the development of power in the International Rapids Section of the St. Lawrence River.

The Government of Canada has designated the Hydro-Electric Power Commission of Ontario as the entity to construct, maintain and operate the proposed works in Canada and I have been informed that the Government of the United States, consistent with the action of the Federal Power Commission in licensing the Power Authority of the State of New York, has declared that authority to be the designee of the Government of the United States of America for the construction of the works referred to in the Order of Approval of the International Joint Commission of October 29, 1952. It would, therefore, be agreeable to the Canadian Government if the St. Lawrence River Joint Board of Engineers proposed in the applications of both Governments to the International joint Commission and approved in that Commission’s Order, were now established so that the Hydro-Electric Power Commission of Ontario and the Power Authority of the State of New York may submit their plans and programmes of construction to the Board for its approval.

The Canadian Government suggests that the Board consist of four members, two to be designated by and to act on behalf of the Government of Canada and two to be designated by and to act on behalf of the Government of the United States of America, and that the Board should perform the duties specified in clause (g) of the Order of Approval, including the approval of the plans and specifications of the works and the programmes of construction thereof, submitted for approval of the respective Governments as required by the Order of Approval, and assurance that the construction of the works is in accordance with such approval.

Reports shall be made by the Joint Board of Engineers to the respective governments to keep them currently informed of the progress of the construction of the works.

If the Government of the United States is agreeable to the foregoing proposals, I suggest that this note and your reply should constitute an agreement between our two governments establishing the St. Lawrence River Joint Board of Engineers.

Accept, Sir, the renewed assurances of my highest consideration.

A. D. P. Heeney

II

The Secretary of State of the United States of America to the Canadian Ambassador to the United States of America

DEPARTMENT OF STATE

WASHINGTON, November 12, 1953

Excellency,

I have the honor to refer to your note No. 820 of November 12, 1953, on which you made proposals for the establishment of the St. Lawrence, River Joint Board of Engineers.

I have the honor to inform you that the Government of the United States concurs in these proposals and agrees that your note and the present reply shall constitute an agreement between our two Governments establishing the St. Lawrence River Joint Board of Engineers, as proposed in the applications of each Government, dated June 30, 1952, to the International Joint Commission and approved in that Commission’s Order of October 29, 1952.

Accept, Excellency, the renewed assurances of my highest consideration.

John Foster Dulles