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Exchange of Notes between the Government of Canada and the Government of Saint Lucia constituting an Agreement relative to the designation of Trinidad and Tobago (B.W.I.A. International) Airways Corporation [1984] CATSer 3 (6 January 1984)

E100085 - CTS 1984 No. 3

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF SAINT-LUCIA CONSTITUTING AN AGREEMENT RELATIVE TO THE DESIGNATION OF TRINIDAD AND TOBAGO (B.W.I.A. INTERNATIONAL) AIRWAYS CORPORATION

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The Minister for External Relations of Canada to the Prime Minister of Saint Lucia

BRIDGETOWN, January 6, 1984

Note No. 531

The Right Honourable John M. Compton,
Prime Minister of Saint Lucia

Sir:

I have the honour to refer to the Air Services Agreement between our two Governments, and to propose, on behalf of the Government of Canada, the following understanding relative to the designation by the Government of Saint Lucia of Trinidad and Tobago (B.W.I.A. International) Airways Corporation (hereafter referred to as B.W.I.A.) for the operation of the agreed services provided for in the Agreement between the Government of Canada and the Government of Saint Lucia on Air Services (the Agreement).

Notwithstanding the provisions of Article VI, paragraph 1(c) of the Agreement, the Government of Canada shall give favourable consideration to the designation of B.W.I.A. by the Government of Saint Lucia provided that:

1. the Government of Trinidad and Tobago continues to designate B.W.I.A. for the operation of the agreed services provided for in the Agreement between the Government of Trinidad and Tobago and the Government of Canada on Commercial Scheduled Air Services;

2. substantial ownership and effective control of B.W.I.A. shall remain vested in the Government of Trinidad and Tobago or in its nationals;

3. in any service originating or terminating in Trinidad and Tobago, B.W.I.A. shall be free to exercise any and all traffic rights under the Agreement between Canada and Trinidad and Tobago on Commercial Scheduled Air Services as well as the third and fourth freedom rights under the Canada/Saint Lucia Air Services Agreement. Such traffic may be co-mingled on any and all services.

4. in the operation of the agreed services by B.W.I.A., in each case where third and fourth freedom traffic rights in addition to fifth freedom traffic rights are available between a specified point and Canada, the services shall be operated on the basis of the third and fourth freedom traffic rights granted in the air transport agreement between the Government of Canada and the Government of the territory within which that specified point lies. Articles in the said agreement related to traffic between the territories of the two Governments, including but not limited to the Articles on capacity, statistics, and tariffs, shall apply;

5. operational control of the aircraft shall remain with B.W.I.A. while it operates the services on behalf of Saint Lucia and such operations shall be conducted in accordance with the provisions of B.W.I.A.'s Operating Certificate as issued by the Government of Canada;

6. the Governments of Saint Lucia and Trinidad and Tobago confirm to the Government of Canada their mutual agreement to the conditions set out in sub-paragraphs 1. to 5. above inclusive.

Alternatively, it would be acceptable if the Governments of Saint Lucia and Trinidad and Tobago were to enter into an arrangement which provides for their joint operational control of the aircraft. Acceptance by the Government of Canada of B.W.I.A. as the designated airline of Saint Lucia shall in this instance be contingent upon an arrangement between the Government of Saint Lucia and the Government of Trinidad and Tobago which sets out in unambiguous fashion, acceptable to the Government of Canada, the joint and individual responsibilities and authorities of each State party to the arrangement with respect to:

1. Airline/aircraft licensing and registration;

2. Commercial and operational control;

3. Areas of liability and responsibility;

4. The exercise of judicial action whether as Plaintiff or Defendant, e.g. the right to sue or be sued.

I have the further honour to advise that, since the designation of B.W.I.A. by the Government of Saint Lucia for the operation of services under the Agreement does not constitute the designation of an additional foreign airline to operate services at Toronto, the conditions applicable to additional foreign airlines granted exemptions to the application of the Toronto Moratorium shall not apply.

Should the Government of Saint Lucia designate any other airline to exercise the traffic rights provided for under the Agreement between the Government of Canada and the Government of Saint Lucia on Air Transport, the provisions of Articles IV, V, and VI of the Agreement shall apply.

I have the honour to propose that, if the foregoing is acceptable to your Government, this Note, which is equally authentic in English and French, and your reply to that effect shall constitute an Agreement between our two Governments which shall enter into force on the date of your reply. This Agreement shall remain in force until such time as the Government of Saint Lucia designates any other airline to exercise the traffic rights provided for under the Air Services Agreement or as long as the Air Services Agreement concluded on January 6, 1984 remains in force unless terminated by either Government upon one year's written notice to the other.

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

Jean-Luc Pepin

Minister for External Relations

The Prime Minister of Saint Lucia to the Minister for External Relations of Canada

CASTRIES, January 6, 1984

Sir:

I have the honour to refer to your Note No. 531 dated 6 January 1984 relative to the designation by the Government of Saint Lucia of Trinidad and Tobago (B.W.I.A. International) Airways Corporation for the operation of the agreed services provided for in the Agreement between the Government of Canada and the Government of Saint Lucia on Air Services.

I have the honour to confirm that the proposals contained in the above-mentioned Note are acceptable to the Government of Saint Lucia and that your Note together with this reply shall be regarded as constituting an Agreement between our two Governments effective from the date of this reply.

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

John G. M. Compton

Prime Minister & Minister of Foreign Affairs