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Exchange of Notes (August 10 and 28, 1981) between the Government of Canada and the Government of the United States of America amending the Air Transport Agreement between the two Countries of January 17, 1966, as subsequently amended by an Exchange of Notes of May 8, 1974 [1981] CATSer 18 (28 August 1981)

E103537 - CTS 1981 No. 34

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA AMENDING THE AIR TRANSPORT AGREEMENT BETWEEN THE TWO COUNTRIES OF JANUARY 17, 1966, AS SUBSEQUENTLY AMENDED BY AN EXCHANGE OF NOTES OF MAY 8, 1974

I

The Chargé d'Affaires ad interim of the United States of America to the Secretary of State for External Affairs of Canada

OTTAWA, August 10, 1981

No. 212

The Honourable Mark MacGuigan,
Secretary of State for External Affairs
Ottawa

Sir:

I have the honor to refer to consultations that have been held between representatives of the Government of Canada and of the Government of the United States of America on the Agreement on Air Transport signed at Ottawa on January 17, 1966, as amended, and in particular on the question of air services between Ottawa and New York.

With a view to facilitating the prompt establishment of non-stop services between those two cities, the Government of the United States proposes that Schedule I of the Exchange of Notes of May 8, 1974 be amended to include a new route numbered A.3(b) to read: New York-Ottawa. The present A.3 route would be renumbered A.3(a). In order to provide the opportunity for a Canadian-designated carrier to provide service between these two cities in the event that no United States carrier provides a minimum number of frequencies, the Government of the United States proposes that Schedule II of the same Exchange of Notes be amended to include a new route numbered C.7 to read: Ottawa-New York.

A minimum number of frequencies is defined as five non-stop, round-trip frequencies per week. Route C.7 of Schedule II would be open to service by a designated Canadian airline only if service at or above this minimum number is not inaugurated over Route A.3(b) of Schedule I by January 1, 1982 or if, thereafter, the frequency of service falls below that minimum for more than 60 days. The operation of a Canadian airline on Route C.7 will not prejudice the right of a United States airline to operate on Route A.3(b).

If the foregoing arrangement is acceptable to your Government, I propose that this Note, together with your affirmative reply, shall constitute an Agreement which shall enter into force on the date of your reply.

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

Richard J. Smith

Chargé d'Affaires ad interim

II

The Secretary of State for External Affairs of Canada to the Chargé d'Affaires ad interim of the United States of America

OTTAWA, August 28, 1981

No. ESS-2387

His Excellency the Honourable Paul Heron Robinson Jr.,
Ambassador of the
United States of America
Ottawa

Excellency,

I have the honour to refer to your Note of August 10, 1981, signed by your Chargé d'Affaires a.i., proposing on behalf of the Government of the United States of America that the Air Transport Agreement between the Government of Canada and the Government of the United States of America of January 17, 1966, as amended by the Exchange of Notes of May 1974, be further amended in certain respects.

I have the honour to inform you that the proposals contained in your Note are acceptable to my Government and to confirm that your Note, together with this reply, which is authentic in English and French, shall constitute an agreement between our two Governments which shall enter into force on today's date.

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

Mark MacGuigan

Secretary of State for External Affairs