Canadian Treaty Series
E103591 - CTS 1961 No. 11
EXCHANGE OF NOTES BETWEEN CANADA AND THE UNITED STATES OF AMERICA CONCERNING DREDGING IN THE WOLFE ISLAND CUT TO IMPROVE AN EXISTING SHIPPING CHANNEL
The Secretary of State for External Affairs to the Ambassador of the United States of America to Canada
DEPARTMENT OF EXTERNAL AFFAIRS
The Secretary of State for External Affairs presents his compliments to his Excellency the Ambassador of the United States of America and has the honour to refer to recent discussions between Canadian and United States officials concerning the Canadian Government's proposal to dredge Wolfe Island Cut, an existing shipping channel at the east end of Wolfe Island in the St. Lawrence River, to a grade depth of 23 feet below Lake Ontario Low Water Datum of elevation 243.00. This deepened channel would provide a shorter route than is available at present for all vessels entering and leaving Kingston Harbour to and from the St. Lawrence Seaway Shipping Channel. In order to be entirely effective, it is desirable that this channel, which would be 5,000 feet long by 450 feet wide, project into United States waters for distances varying between 200 to 330 feet across the width of the cut. The quantity of material to be dredged on the United States side of the International Boundary Line would be approximately 10,000 cubic yards or slightly less than 3% of the total dredging quantity of the project. A plan showing the dredging area in relation to the International Boundary Line is attached.
It is proposed that the above-mentioned proposal be undertaken subject to the following terms and conditions:
(a) That the disposal areas for the dredged material will be located entirely within Canadian territory, and the costs of all the work on both sides of the International Boundary Line will be borne by the Government of Canada.
(b) That the proposed dredging in United States waters will not involve either the removal or placing of material from or on upland areas; nor will it affect the water levels of either Lake Ontario or the upper St. Lawrence River.
(c) That the Canadian Government will ensure that the contractor or contractors for the dredging operations to be performed on the United States side of the International Boundary Line will as a matter of contract responsibility be required to:
(i) perform and complete the work on the United States side of the International Boundary Line in accordance with the terms of this Note;
(ii) be responsible for all injuries to persons and damages to property that occur as a result of fault or negligence in connection with work performed on the United States side of the International Boundary Line; and
(iii) carry adequate insurance commensurate with their responsibility under (ii).
(d) That a dredging permit will be required for work in United States waters.
(e) That a temporary importation bond entry under the United States Tariff Act will be required for the period of time that the dredge or dredges will be operating in United States waters.
(f) That no special rights or privileges beyond the permission to dredge in the area of United States territory described in this Note shall be acquired by the Canadian Government and no obligations or commitments shall be assumed by the United States Government by virtue of this Note, except as expressly set out herein.
(g) That permission to perform any future maintenance of that part of the channel dredged in United States waters by the Canadian Government will require the issuance of a new dredging permit.
(h) That each party to this agreement undertakes that all requests received by its supervisory personnel connected with the project from authorities within its jurisdiction for information concerning personnel employed upon the project, when such information is not related to the employment of such personnel upon the project, shall be brought to the attention of the other party. The party from whom the information is requested will give due consideration to the position which the other party may take with regard to the provision of such information.
If the conditions and terms outlined above for dredging in United States waters are acceptable to the Government of the United States of America, it is proposed that this Note and the Ambassador's reply shall constitute a special agreement between our two Governments under Article III of the Boundary Waters Treaty of January 11, 1909.
H. C. G.
OTTAWA, October 17, 1961
The Chargé d'Affaires, a.i. of the United States Embassy in Canada to the Secretary of State for External Affairs
The Chargé d'Affaires ad interim of the United States of America presents his compliments to the Secretary of State for External Affairs and has the honor to refer to Note No. 166 of October 17, 1961 from the Secretary of State for External Affairs proposing a special agreement by exchange of notes between our two Governments which would permit the Government of Canada to dredge that part of Wolfe Island Cut in the St Lawrence River located on the United States side of the International Boundary Line.
The Chargé d'Affaires ad interim has the honor to confirm the acceptance by the Government of the United States of America of the terms and conditions set forth in Note No. 166. That note and this reply thereto shall constitute a special agreement between the two Governments under Article III of the Boundary Waters Treaty of January 11, 1909.
Embassy of the United States of America
OTTAWA, October 17, 1961