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

Exchange of Notes (February 16 and 17, 1981) between Canada and France constituting an Agreement on the Cold Weather Testing in the Winter of 1981 at a Canadian Armed Forces Weapons Testing Range of a French Helicopter and Anti-Tank Missiles [1981] CATSer 3 (17 February 1981)

E100903 - CTS 1981 No.4

EXCHANGE OF NOTES BETWEEN CANADA AND FRANCE CONSTITUTING AN AGREEMENT ON THE COLD WEATHER TESTING IN THE WINTER OF 1981 AT A CANADIAN ARMED FORCES WEAPONS TESTING RANGE OF A FRENCH HELICOPTER AND ANTI-TANK MISSILES

I

The Secretary of State for External Affairs to the Ambassador of France

February 16, 1981

No. DFR - 0544

His Excellency Pierre Maillard,
Ambassador of France
Ottawa

Excellency,

I have the honour to refer to the Embassy's Note No. 84, dated January 19, 1981, in which the Embassy requested Canadian consent to the execution of cold-weather tests of a Gazelle helicopter and eleven "HOT" anti-tank missiles by French military and civilian technicians at the Canadian Armed Forces weapons testing site at Cold Lake, Alberta, during the winter of 1981.

I wish to inform you that the Government of Canada consents to the proposed tests, on the following conditions:

(a) The provisions of the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces (Agreement on the Status of the NATO Forces), signed in London on June 19, 1951, as applied in Canada by the Visiting Forces Act (Revised Statutes of Canada, 1970, Chapter V-6), shall be applicable, subject to the provisions of paragraph (c) hereunder.

(b) The twelve (12) technical experts from industry who will participate in these tests shall be considered to be members of a "civilian component" as defined in sub-paragraph (b) of paragraph 1 of Article I of the Agreement on the Status of the NATO Forces.

(c) Any settlement of damages caused in the execution of the above-mentioned tests, and any payment of compensation shall be carried out in accordance with the following provisions:

(1) Each Government waives all its claims against the other Government for damage to its property or injury to its personnel;

(a) If such damage was caused by a member or an employee of the Armed Forces of the other Government,

(b) If such damage was caused by any vehicle, vessel or aircraft (or any other object) owned by one Government and used within the framework of these tests; or that the damage was caused to property being so used.

(2) (a) The damages caused to third parties during the above-mentioned tests and attributable to Canadian material or personnel shall be chargeable to the Canadian Government.

(b) The damages caused to third parties during the above - mentioned tests and attributable to French personnel or material shall be chargeable to the French Government; the Canadian Government shall pay the compensation and the French Government shall reimburse it for the full amount.

(d) All the regulations applicable to the Canadian Armed Forces regarding environmental conditions and restrictions shall be strictly observed.

If the above is acceptable to the Government of the French Republic, I have the honour to propose that the present Note, of which the French and English versions are equally authentic, as well as your response, constitute an Agreement between our two Governments that shall enter into force on the date of your response and shall take effect as of February 9, 1981.

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

Mark MacGuigan

Secretary of State for External Affairs

II

The Ambassador of France to the Secretary of State for External Affairs of Canada

(Translation)

Ottawa, February 17, 1981

Sir,

By your letter of 16 February, 1981, your Excellency has informed me of the following:

"(See Canadian Note of 16 February 1981)"

I have the honour to confirm to Your Excellency the agreement of the French Government to your proposals.

Please accept, Sir, the renewed assurances of my highest consideration.

Pierre Maillard

Ambassador of France in Canada