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Exchange of Notes between the Government of Canada and the Government of Australia constituting an Agreement concerning the Sharing of Consular Services Abroad [1986] CATSer 22 (7 August 1986)

E100693 - CTS 1986 No. 2

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF AUSTRALIA CONSTITUTING AN AGREEMENT CONCERNING THE SHARING OF CONSULAR SERVICES ABROAD

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The Secretary of State for External Affairs of Canada to the Minister for Foreign Affairs of Australia

VANCOUVER, August 7, 1986

JLE-0792

The Honourable Bill Hayden, M.P.,
Minister for Foreign Affairs of Australia

Sir,

I have the honour to refer to discussions between representatives of the Department of External Affairs of Canada and the Department of Foreign Affairs of Australia (referred to as the “Implementing Departments”) regarding the sharing of consular services abroad.

In accordance with those discussions I have the honour to inform you that the Government of Canada proposes the following:

1. Each Implementing Department shall provide such consular services to nationals of the other country in such certain locations and under such conditions as are mutually arranged from time to time in a Memorandum of Understanding concluded between the Implementing Departments.

2. For the purpose of the Crown Liability Act, Australian personnel acting for Canada under the Memorandum of Understanding shall be considered as acting as agents for the Government of Canada.

3. In the event that a claim is made against either Government or its personnel arising out of the performance of this Agreement:

(a) the Government which obtains notice of this claim shall promptly inform the other Government; and

(b) the two Governments shall consult at the request of either with a view to the defence or settlement of the claim; and

(c) each Government shall render all reasonable assistance to the other Government in the defence or settlement of the claim.

4. The Government on whose behalf the other Government or its personnel are acting shall indemnify the other Government and its personnel against all financial loss, damages and costs in consequence of the defence, settlement or payment of any claim against the other Government or its personnel arising out of the performance of this Agreement and shall generally hold such other Government and its personnel harmless. The obligation under this paragraph shall not apply to punitive or exemplary damages against the other Government or its personnel.

I have the honour to propose that if these proposals are acceptable to the Govern­ment of Australia, this Note, which is authentic in English and French, and your reply to that effect shall together constitute an Agreement between our two Govern­ments which shall enter into force on the date of your reply.

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

Joe Clark,

Secretary of State for External Affairs

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The Minister for Foreign Affairs of Australia to the Secretary of State for External Affairs of Canada

VANCOUVER, August 7, 1986

The Right Honourable Joe Clark, P.C., M.P.,
Secretary of State for External Affairs of Canada

Sir,

I have the honour to acknowledge receipt of your Note of August 7, 1986 the English text of which reads as follows:

“(See Canadian Note of August 7, 1986)”

I have the honour to confirm that the contents of your Note are acceptable to the Government of Australia and that your Note and this reply shall together constitute an Agreement between our two Governments which shall enter into force on the date of this reply.

Accept, Sir, renewed assurances of my highest consideration.

Bill Hayden,

Minister for Foreign Affairs