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Agreement between the Government of Canada and the Government of Barbados on Air Services [1985] CATSer 27 (18 October 1985)

E100029 - CTS 1985 No. 33

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF BARBADOS ON AIR SERVICES

THE Government of Canada and the Government of Barbados, hereinafter referred to as the Contracting Parties,

BEING parties to the Convention on International Civil Aviation opened for signature at Chicago, on the 7th day of December, 1944,

DESIRING to conclude an agreement supplementary to the said Convention for the purpose of establishing air services between and beyond their respective territories,

HAVE agreed as follows:

ARTICLE I

For the purpose of this Agreement, unless otherwise stated:

(a) “Aeronautical Authorities” means, in the case of Canada, the Minister of Transport and the Canadian Transport Commission and, in the case of Bar­bados, the Minister responsible for Civil Aviation, or in both cases, any other authority or person empowered to perform the functions now exercised by the said authorities;

(b) “Agreed services” means scheduled air services on the routes specified in the Annex to this Agreement for the transport of passengers, cargo and mail, separately or in combination;

(c) “Agreement” means this Agreement, the Annex attached thereto, and any amendments thereto;

(d) “Convention” means the Convention of International Civil Aviation opened for signature at Chicago on the seventh day of December 1944 and includes any Annex adopted under Article 90 of that Convention and any amend­ment of the Annexes or of the Convention under Articles 90 and 94 thereof so far as those Annexes and amendments have been adopted by both Con­tracting Parties;

(e) “Designated airline” means an airline which has been designated and authorized in accordance with Articles IV and V of this Agreement;

(f) “Tariffs” means the prices to be paid for the carriage of passengers, bag­gage and cargo and the conditions under which those prices apply, including prices and conditions for other services performed by the carrier in connec­tion with the air transportation, but excluding remuneration and conditions for the carriage of mail;

(g) ‘‘Territory’’, ‘‘Air service”, ‘‘International Air Service”, “Airline” and “Stop for non-traffic purposes” have the meaning respectively assigned to them in Articles 2 and 96 of the Convention;

(h) “Stopover” means a deliberate interruption of a journey by a passenger, agreed to in advance by the airline, at a point between the place of depar­ture and the place of destination;

(i) “Change of gauge” means the operation of one of the agreed services by a designated airline in such a way that one section of the route is flown, in accordance with Article III of this Agreement, by aircraft different in capacity from those used on another section.

ARTICLE II

1. Each Contracting Party grants to the other Contracting Party except as other­wise specified in the Annex the following rights for the conduct of international air services by the airline designated by the other Contracting Party:

(a) to fly without landing across the territory of the other Contracting Party;

(b) to make stops in the said territory for non-traffic purposes; and

(c) to make stops in the said territory for the purpose of taking up and discharg­ing, while operating the routes specified in the Annex, international traffic in passengers, cargo and mail, separately or in combination.

2. Nothing in paragraph 1 of this Article shall be deemed to confer on the designated airline of one Contracting Party the privilege of taking up, in the territory of the other Contracting Party, passengers, cargo and mail carried for remuneration or hire and destined for another point in the territory of that other Contracting Party.

ARTICLE III

The designated airline of one Contracting Party may make a change of gauge at any point on the specified route only on the following conditions:

(i) that it is justified by reason of economy of operation;

(ii) that the aircraft used on the section of the route more distant from the ter­ritory of the Contracting Party designating the airline is not larger in capacity than that used on the nearer section;

(iii) that the aircraft of smaller capacity shall operate only in connection with the aircraft of larger capacity and shall be scheduled so to do; the former shall arrive at the point of change for the purpose of carrying traffic transfer­red from, or to be transferred into, the aircraft of larger capacity; and their capacity shall be determined with primary reference to this purpose;

(iv) that there is an adequate volume of through traffic; and

(v) that the provisions of Article XI of the present Agreement shall govern all arrangements made with regard to change of gauge.

ARTICLE IV

Each Contracting Party shall have the right to designate, by diplomatic note, an airline to operate the agreed services on the routes specified in the Annex for such a Contracting Party and to substitute another airline for that previously designated.

ARTICLE V

1. Following receipt of a notice of designation or of substitution pursuant to Arti­cle IV of this Agreement, the aeronautical authorities of the other Contracting Party shall, consistent with its laws and regulations, grant without delay to the airline so designated the appropriate authorizations to operate the agreed services for which that airline has been designated.

2. Upon receipt of such authorizations the airline may begin at any time to operate the agreed services, in whole or in part, provided that the airline complies with the applicable provisions of this Agreement and that tariffs are established in accordance with the provisions of Article XIV of this Agreement.

ARTICLE VI

1. The aeronautical authorities of each Contracting Party shall have the right to withhold the authorizations referred to in Article V of this Agreement with respect to the airline designated by the other Contracting Party, to revoke or suspend such authorizations or impose on it conditions, temporarily or permanently:

(a) in the event of failure by such airline to qualify before the aeronautical authorities of that Contracting Party under the laws and regulations nor­mally and reasonably applied by these authorities in conformity with the Convention;

(b) in the event of failure by such airline to comply with the laws and regula­tions of that Contracting Party;

(c) in the event that they are not satisfied that substantial ownership and effec­tive control of the airline are vested in the Contracting Party designating the airline or in its nationals; and

(d) in case the airline otherwise fails to operate in accordance with the condi­tions prescribed under this Agreement.

2. Unless immediate action is essential to prevent infringement of the laws and regulations referred to above, the rights enumerated in paragraph 1 of this Article shall be exercised only after consultations with the aeronautical authorities of the other Contracting Party in conformity with Article XX of this Agreement.

ARTICLE VII

1. The laws, regulations and procedures of one Contracting Party relating to the admission to, remaining in, or departure from its territory of aircraft engaged in in­ternational air navigation or to the operation and navigation of such aircraft shall be complied with by the designated airline of the other Contracting Party upon en­trance into, departure from and while within the said territory.

2. The laws and regulations of one Contracting Party respecting entry, clearance, transit, immigration, passports, customs and quarantine shall be complied with by the designated airline of the other Contracting Party and by or on behalf of its crews, passengers, cargo and mail upon transit of, admission to, departure from and while within the territory of such a Contracting Party.

3. Passengers in transit across the territory of either Contracting Party shall be subject to no more than a simplified control. Baggage and cargo in direct transit shall be exempt from customs duties and other similar taxes.

ARTICLE VIII

1. Certificates of airworthiness, certificates of competency and licences, issued or rendered valid by one Contracting Party and still in force, shall be recognized as valid by the other Contracting Party for the purpose of operating the agreed services on the routes specified in the Annex to this Agreement provided that such certificates or licences were issued or rendered valid pursuant to and in conformity with the stan­dards established under the Convention. Each Contracting Party reserves the right, however, to refuse to recognize, for the purpose of flights above its own territory, certificates of competency and licences granted to its own nationals by the other Con­tracting Party.

2. If the privileges or conditions of the licences or certificates referred to in paragraph 1 above, issued by the aeronautical authorities of one Contracting Party to any person or designated airline operating the agreed services or in respect of an aircraft operating on the routes specified in the Annex to this Agreement, should permit a difference from the standards established under the Convention, and which difference has been filed with the International Civil Aviation Organization, the aeronautical authorities of the other Contracting Party may request consultations in accordance with Article XX of this Agreement with the aeronautical authorities of that Contracting Party with a view to satisfying themselves that the practice in question is acceptable to them. Failure to reach a satisfactory agreement in matters regarding flight safety will constitute grounds for the application of Article VI of this Agreement.

ARTICLE IX

1. The Contracting Parties agree to provide aid to each other as necessary with a view to preventing unlawful seizure of aircraft and other unlawful acts against the safety of aircraft, airports and air navigation facilities and any other threat to avia­tion security.

2. Each Contracting Party agrees to observe the security provisions required by the other Contracting Party for entry into the territory of the other Contracting Par­ty and to take adequate measures to inspect passengers and their carry-on items. Each Contracting Party shall also give sympathetic consideration to any request from the other Contracting Party for special security measures for its aircraft or passengers to meet a particular threat.

3. The Contracting Parties shall act consistently with applicable aviation security provisions established by the International Civil Aviation Organization. Should a Con­tracting Party depart from such provisions, the aeronautical authorities of the other Contracting Party may request consultations with the aeronautical authorities of that Contracting Party in accordance with Article XX of this Agreement. Failure to reach a satisfactory agreement will constitute grounds for the application of Article VI of this Agreement.

4. The Contracting Parties shall act in conformity with the provisions of the Con­vention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on September 14, 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on December 16, 1970, and the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, signed at Montreal on September 23, 1971.

5. When an incident, or threat of an incident, of unlawful seizure of aircraft or other unlawful acts against the safety of aircraft, airports and air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications intended to terminate rapidly and safely such incident or threat thereof.



ARTICLE X

1. The charges imposed in the territory of one Contracting Party on the aircraft of the designated airline of the other Contracting Party for the use of airports and other aviation facilities shall not be higher than those imposed on aircraft of a na­tional airline of the first Contracting Party engaged in similar international air services,

2. Each Contracting Party shall encourage consultations between its competent charging authorities and the designated airlines using the services and facilities, and where practicable, through the airlines’ representative organizations.

3. Neither of the Contracting Parties shall give a preference to its own or any other airline over an airline of the other Contracting Party in the application of its customs, immigration, quarantine and similar regulations or in the use of airports, airways, air traffic services and associated facilities under its control.

ARTICLE XI

1. There shall be fair and equal opportunity for the designated airline of each Con­tracting Party to operate the agreed services on the routes specified in the Annex to this Agreement.

2. In operating the agreed services, the designated airline of each Contracting Party shall take into account the interest of the designated airline of the other Con­tracting Party so as not to affect unduly the services which the latter provides on the whole or part of the same route.

3. The agreed services provided by the designated airlines of the Contracting Par­ties shall bear reasonable relationship to the requirements of the public for transpor­tation on the specified routes and shall have as their primary objective the provision, at a reasonable load factor, of capacity adequate to meet the current and reasonably anticipated requirements for the carriage of passengers, cargo and mail between the territories of the Contracting Parties which have designated the airlines and the coun­tries of ultimate destination of the traffic.

4. Provision for the carriage of passengers, cargo and mail both taken up and discharged at points on the specified routes in the territories of States other than that designating the airline shall be made in accordance with the general principle that capacity shall be related to:

(a) traffic requirements to and from the territory of the Contracting Party which has designated the airline;

(b) traffic requirements of the area through which the airline passes after tak­ing account of other transport services established by airlines of the States comprising the area; and

(c) the requirements of through airline operation.

5. Except as otherwise specified, neither Contracting Party may unilaterally impose any restrictions on the designated airline of the other Contracting Party with respect to capacity, frequency or type of aircraft employed in connection with ser­vices over any of the routes specified in the Annex attached to this Agreement. In the event that one of the Contracting Parties believes that the operation proposed or conducted by the designated airline of the other Contracting Party unduly affects the agreed services provided by its designated airline, it may without prejudice to the provisions of Article XXII request consultations pursuant to Article XX of this Agreement.

ARTICLE XII

The aeronautical authorities of each Contracting Party shall provide or shall cause its designated airline to provide the aeronautical authorities of the other Con­tracting Party, upon request, periodic or other statements of statistics related to the quantity of traffic carried and the capacity offered by its designated airline between points on the routes specified in the Annex to this Agreement showing the initial origins and final destinations of the traffic.

ARTICLE XIII

1. Each Contracting Party shall on a basis of reciprocity exempt the designated airline of the other Contracting Party to the fullest extent possible under its national law from import restrictions, customs duties, sales and excise taxes, inspection fees and other national duties, taxes and charges on aircraft, fuel, lubricating oils, con­sumable technical supplies, spare parts including engines, regular aircraft equipment, aircraft stores (including liquor, tobacco and other products destined for sale to passengers in limited quantities during the flight) and other items intended for use or used solely in connection with the operation or servicing of aircraft of the designated airline of such other Contracting Party operating the agreed services, as well as printed ticket stock, air way bills, any printed material which bears the insignia of the com­pany printed thereon and usual publicity material distributed without charge by that designated airline.

2. The exemptions granted by this Article shall apply to the items referred to in paragraph 1 of this Article:

(a) introduced into the territory of one Contracting Party by or on behalf of the designated airline of the other Contracting Party;

(b) retained on board aircraft of the designated airline of one Contracting Par­ty upon arriving in and leaving the territory of the other Contracting Party;

(c) taken on board aircraft of the designated airline of one Contracting Party in the territory of the other Contracting Party and intended for use in operating the agreed services;

whether or not such items are used or consumed wholly within the territory of the Contracting Party granting the exemption, provided such items are not alienated in the territory of the said Contracting Party.

3. The regular airborne equipment, as well as the materials and supplies normally retained on board the aircraft of the designated airline of either Contracting Party may be unloaded in the territory of the other Contracting Party only with the ap­proval of the customs authorities of that territory. In such case, they may be placed under the supervision of the said authorities up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.

ARTICLE XIV

1. The tariffs to be applied by the designated airline of one Contracting Party for carriage on agreed services to or from the territory of the other Contracting Party shall be established at reasonable levels due regard being paid to all relevant factors including cost of operation, reasonable profit and the tariffs of other airlines on the same routes.

2. The tariffs referred to in paragraph 1 of this Article shall be agreed upon bet­ween the designated airlines of the Contracting Parties and filed concurrently by both airlines with the aeronautical authorities of both Contracting Parties.

3. The tariffs so agreed shall be submitted by the designated airlines for accep­tance of or approval by the aeronautical authorities of the Contracting Parties at least seventy-five (75) days before the proposed date of their introduction; in special cases, a shorter period may be accepted by the aeronautical authorities. If within thirty (30) days from the date of receipt the aeronautical authorities of one Contrac­ting Party have not notified the aeronautical authorities of the other Contracting Party that they are dissatisfied with the tariff submitted to them, such tariff shall be con­sidered to be accepted or approved and shall come into effect on the date stated in the proposed tariff. In the event that a shorter period for the submission of a tariff is accepted by the aeronautical authorities, they may also agree that the period for giving notice of dissatisfaction be less than thirty (30) days. When the reason for an increase in tariffs is related solely to cost increases beyond the control of the airlines such as increased fuel costs or user charges, every effort shall be made by the aeronautical authorities to provide for a shorter period than seventy-five (75) days.

4. If a tariff cannot be established in accordance with the provisions of para­graph 2 of this Article, or, if during the period applicable in accordance with para­graph 3 of this Article a notice of dissatisfaction has been given, the aeronautical authorities of the Contracting Parties shall endeavour to determine the tariff by agree­ment between themselves within twenty-five (25) days.

5. If a tariff cannot be determined in accordance with paragraph 4 of this Article, then the Contracting Parties shall endeavour to settle the matter within twenty (20) days.

6. Except as provided in paragraph 7 of this Article, no tariff shall come into force if the aeronautical authorities of either Contracting Party have given notice of dissatisfaction in accordance with the provisions of paragraph 3 of this Article.

7. Notwithstanding paragraph 6 of this Article, passenger tariffs filed in accor­dance with paragraph 3 of this Article shall be permitted to come into effect on the date proposed, unless both aeronautical authorities or Contracting Parties agree other­wise, provided that the said tariffs are

(a) at least seventy (70) percent but not more than one hundred and fifteen (115) percent of the reference fare in effect on the date the tariff is received,

(b) at least forty (40) percent but not more than seventy (70) percent of the said reference fare and are subject to

(i) minimum conditions of fourteen (14) days advance booking and first Sunday minimum stay, or

(ii) mandatory ground package, or

(iii) such other travel conditions as may from time to time be agreed upon between the aeronautical authorities, or

(c) first class, premium class tariffs or contract bulk inclusive tour (CBIT) tariffs.

8. For the purpose of paragraph 7 of this Article, the “reference fare” shall be the lowest publicly available unrestricted fare expressed in the currencies of both Con­tracting Parties for each Canada-Barbados city pair named in the Agreement in ef­fect on the date of signature of the Agreement. The reference fare for each Canada-Barbados city pair shall subsequently be revised automatically effective January 1, April 1, July 1 and October 1 of each year. The revised reference fare shall be determined by multiplying the lowest publicly available unrestricted fares over the previous twelve months by the number of days each fare was in effect and dividing the result by the total number of days in the twelve month period, rounded to the nearest dollar. The provisions of this paragraph shall apply unless the aeronautical authorities of both Contracting Parties otherwise agree.

9. The tariffs established in accordance with the provisions of this Article shall remain in force until new tariffs have been established in accordance with the provi­sions of this Article or of Article XXII of this Agreement.

10. The aeronautical authorities of both Contracting Parties shall endeavour to ensure that (a) the tariffs charged and collected conform to the tariffs accepted or approved by both aeronautical authorities and (b) no airline rebates any portion of such tariffs by any means.



ARTICLE XV

The designated airlines shall submit proposed schedules for acceptance or approval to the aeronautical authorities of both Contracting Parties.

ARTICLE XVI

1. Each designated airline shall have the right to engage in the sale of air transpor­tation in the territory of the other Contracting Party directly and, at its discretion, through its agents. Each designated airline shall have the right to sell such transpor­tation in the currency of that territory or, at its discretion but subject to national laws and regulations, in freely convertible currencies of other countries and any per­son shall be free to purchase such transportation in currencies accepted for sale by that airline.

2. Each designated airline shall have the right to convert and remit to its country on demand funds obtained in the normal course of its operations subject to respec­tive foreign currency regulations applicable to all countries in like circumstances. Con­version and remittance shall be permitted without restrictions at the foreign exchange market rates for current payments prevailing at the time of submission of the request for transfer and shall not be subject to any charges except normal service charges collected by banks for such transactions.

ARTICLE XVII

Income or profits from the operation of aircraft in international traffic derived by an airline, which is resident for purposes of income taxation in the territory of one Contracting Party, shall be exempt from any income tax and all other taxes on profits imposed by the government of the other Contracting Party.

ARTICLE XVIII

1. The designated airline of one Contracting Party shall be allowed, on the basis of reciprocity, to maintain in the territory of the other Contracting Party its represen­tatives and commercial, operational and technical staff as required in connection with the operation of agreed services.

2. These staff requirements may, at the option of the designated airline, be satisfied by its own personnel or by using the services of any other organization, company or airline operating in the territory of the other Contracting Party, and authorized to perform such services in the territory of that Contracting Party.

3. Such representatives and staff shall be subject to the laws and regulations in force of the other Contracting Party and consistent with such laws and regulations each Contracting Party shall, on the basis of reciprocity and with the minimum of delay, grant the necessary work permits, employment visas or other similar documents to the representatives and staff referred to in paragraph 1 of this Article.

4. Both Contracting Parties shall dispense with the requirement of work permits or employment visas or other similar documents of personnel performing certain tem­porary services and duties except in special circumstances determined by the National Authorities concerned. Where such permits, visas or documents are required, they shall be issued promptly free of charge so as not to delay the entry into the State of the personnel concerned.

5. The designated airline of one Contracting Party may provide ground handling services for other airlines operating at the same airport in the territory of the other Contracting Party.

ARTICLE XIX

1. The provisions set out in Articles VII, VIII, IX, X, XII, XIII, XVI, XVII, XVIII and XX of this Agreement shall be applicable also to charter flights operated by an air carrier of one Contracting Party into or from the territory of the other Contrac­ting Party and to the air carrier operating such flights.

2. The provisions of paragraph 1 of this Article shall not affect national laws and regulations governing the right of air carriers to operate charter flights or the con­duct of air carriers or other parties involved in the organization of such operations.

ARTICLE XX

1. In a spirit of close co-operation, the aeronautical authorities of the Contracting Parties shall consult each other from time to time with a view to ensuring the im­plementation of, and satisfactory compliance with, the provisions of this Agreement and of its Annex.

2. Such consultations shall begin within a period of sixty (60) days of the date of receipt of such a request, unless otherwise agreed by the Contracting Parties.

ARTICLE XXI

If either of the Contracting Parties considers it desirable to modify any provi­sion of this Agreement, it may request consultations with the other Contracting Par­ty. Such consultations, which may be between aeronautical authorities and which may be through discussion or by correspondence, shall begin within a period of sixty (60) days from the date of the request. Any modification agreed pursuant to such consultations shall come into force when it has been confirmed by an exchange of diplomatic notes.



ARTICLE XXII

1. If any dispute arises between the Contracting Parties relating to the interpreta­tion or application of this Agreement, the Contracting Parties shall in the first place endeavour to settle it by negotiation within a period of sixty (60) days.

2. If the Contracting Parties fail to reach a settlement by negotiation, they may agree to refer the dispute for decision to some person or body, or either Contracting Party may submit the dispute for decision to a Tribunal of three arbitrators, one to be nominated by each Contracting Party and the third to be appointed by the two arbitrators. Each of the Contracting Parties shall nominate an arbitrator within a period of sixty (60) days from the date of receipt by either Contracting Party from the other of a notice through diplomatic channels requesting arbitration of the dispute and the third arbitrator shall be appointed within a further period of sixty (60) days. If either of the Contracting Parties fails to nominate an arbitrator within the period specified, or if the third arbitrator is not appointed within the period specified, the President of the Council of the International Civil Aviation Organization may be requested by either Contracting Party to appoint an arbitrator or arbitrators as the case requires. In all cases the third arbitrator shall be a national of a third State and shall act as President of the Tribunal.

3. The Contracting Parties undertake to comply with any decision given under paragraph 2 of this Article.

4. The expenses of the Tribunal shall be shared equally between the Contracting Parties.

5. If and so long as either Contracting Party fails to comply with any decision given under paragraph 2 of this Article, the other Contracting Party may limit, withhold or revoke any rights or privileges which it has granted by virtue of this Agreement to the Contracting Party in default or to the designated airline in default.

ARTICLE XXIII

Either Contracting Party may at any time from the entry into force of this Agree­ment give notice in writing through diplomatic channels to the other Contracting Party of its decision to terminate this Agreement; such notice shall be communicated simultaneously to the International Civil Aviation Organization. The Agreement shall terminate one (1) year after the date of receipt of the notice by the other Contracting Party, unless the notice to terminate is withdrawn by mutual consent before the expiry of this period. In the absence of acknowledgment of receipt by the other Con­tracting Party, the notice shall be deemed to have been received fourteen (14) days after the receipt of the notice by the International Civil Aviation Organization.

ARTICLE XXIV

This Agreement and any amendment thereto shall be registered with the Inter­national Civil Aviation Organization.



ARTICLE XXV

If a general multilateral air convention comes into force in respect of both Con­tracting Parties, the provisions of such convention shall prevail. Consultations in ac­cordance with Article XXI of this Agreement may be held with a view to determin­ing the extent to which this Agreement is affected by the provisions of the multilateral convention.

ARTICLE XXVI

This Agreement shall enter into force on the date of its signature.


IN WITNESS WHEREOF, the undersigned, duly authorized thereto by their respec­tive Governments, have signed the present Agreement.

DONE in duplicate at Nassau, The Bahamas, this eighteenth day of October, 1985, in the English and French languages, each version being equally authentic,

Brian Mulroney

FOR THE GOVERNMENT OF CANADA

Bernard St-John

FOR THE GOVERNMENT OF BARBADOS

ANNEX

SCHEDULE OF ROUTES

SCHEDULE I

The following route may be operated by the airline designated by the Govern­ment of Barbados:

Agreed Route

Points of Departure
Intermediate Points
Destinations in Canada
Bridgetown
2 points to be selected from St. Lucia, Antigua, Bermuda and St. Kitts-Nevis;
Montreal
Toronto
Calgary
2 points in the U.S.A., north of and including Washington, D.C. and east of and including Chicago.

Agreed Services

1. Any intermediate point may be omitted on any flight. Points may be served in any order provided all services commence or terminate at Bridgetown.

2. Fifth freedom rights shall be available between intermediate points and Mon­treal. Fifth freedom rights at Calgary shall only be available between Calgary and the points selected in the Caribbean. Montreal, Toronto and/or Calgary may be served on the same flight. Fifth freedom rights at Toronto shall only be available between Toronto and one of the points selected in the Caribbean.

3. Traffic on flights between Bridgetown and a point in the USA may be comm­ingled on the same flight with traffic between Bridgetown and Montreal and/or Calgary. No more than one USA point shall be selected for service to Montreal. Similarly, no more than one USA point shall be selected for service to Calgary. The same USA point may be selected for service to both Montreal and Calgary.

4. Service at Toronto shall be in compliance with the policy of the Government of Canada on exceptions to the moratorium on additional foreign airline access to Lester B. Pearson International Airport.

5. Traffic rights at Toronto shall become available to the designated airline of Barbados only when fifth freedom traffic rights between Barbados and Toronto are not exercised by the designated airline of Trinidad and Tobago.

6. Intermediate points selected by Barbados may be changed every six months on sixty days notice to the aeronautical authorities of Canada.

7. Traffic between Barbados and Canada may also be commingled on the same flight with traffic between Barbados and other points in the Caribbean.



ANNEX

SCHEDULE OF ROUTES

SCHEDULE II

The following route may be operated by the airline designated by the Govern­ment of Canada:

Agreed Route

Points of Departure
Intermediate Points
Destination in Barbados
Points Beyond
Any point or points in Canada
3 points to be selected from Bermuda,
Antigua,
Port au Prince,
Kingston,
Montego Bay
Bridgetown
3 points to be selected from
Port of Spain,
Aruba, Curacao
and any point or points in South America

Agreed Services

1. Any intermediate or beyond point may be omitted on any flight. Points may be served in any order provided services originate or terminate in Canada.

2. Intermediate and beyond points selected by Canada may be changed every six months on sixty days notice to the aeronautical authorities of Barbados.

3. Traffic between Canada and Barbados may also be commingled on the same flight with traffic between Canada and Fort-de-France, Pointe-à-Pitre, St. Lucia, Tobago and Grenada..


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