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Exchange of Notes between the Government of Canada and the Government of Japan constituting an Agreement for Air Services [1989] CATSer 10 (17 April 1989)

E100218 - CTS 1989 No. 12

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF JAPAN CONSTITUTING AN AGREEMENT FOR AIR SERVICES

I

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

EMBASSY OF JAPAN

(Translation)

OTTAWA, April 17, 1989

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

Sir,

I have the honour to refer to the consultations held in Tokyo from September 27 to September 30, 1988, concerning the Agreement between Japan and Canada for Air Services signed at Ottawa on January 12, 1955.

Pursuant to the agreement reached at the said consultations, I now have the honour to propose, on behalf of the Government of Japan, that the new Schedule as set out in the Attachment shall replace the existing Schedule of the aforementioned Agreement.

If the foregoing proposal is acceptable to the Government of Canada, I have further the honour to propose that this Note and your Note in reply indicating such acceptance shall be regarded as constituting an agreement between the two Governments, which shall enter into force on the date of your reply.

I avail myself of this opportunity to extend to you the assurance of my high consideration.

Hiroshi Kitamura

Ambassador Extraordinary and
Plenipotentiary of Japan to Canada

ATTACHMENT

SCHEDULE

Routes to be operated in both directions by the designated airline or airlines of Japan:

Points in Japan

Intermediate points

Point or points in Canada

Points beyond

Tokyo

One other point to be selected by Japan

Points in the Aleutians and Alaska

Vancouver
Toronto 1)

One other point 1) to be selected by Japan

A point in the continental United States of America

Mexico City
Caracas
A point or points in Brazil

Routes to be operated in both directions by the designated airline or airlines of Canada:

Points in Canada

Intermediate points

Point or points in Japan

Points beyond

Vancouver Toronto

One other point to be selected by Canada

Points in Alaska and the Aleutians

Tokyo

One other point 1) 2) to be selected by Canada

A point out of the following :

Hong Kong
Bangkok
Beijing
Jakarta
One point in Asia to be agreed

Notes: 1) Fifth freedom traffic rights shall not be available for the part of Japan on services beyond Toronto or beyond the point in Canada to be selected by Japan, and for the part of Canada on services beyond the point in Japan to be selected by Canada.

2) The designated airline or airlines of Canada shall be entitled to serve Osaka as soon as the Kansai International Airport is opened to international air services.

3) All flights shall originate or terminate in the country of the designated airline or airlines.

4) Any or all of the intermediate and beyond points may, at the option of the designated airline or airlines of each country, be omitted on any or all flights.

5) Points in the other country may be served separately or on the same flight. Points in the other country served on the same flight must be served on both the inbound and outbound flights.

6) Points to be selected by each country may be changed on sixty (60) days notice to the aeronautical authorities of the other country.


II

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

DEPARTMENT OF EXTERNAL AFFAIRS

OTTAWA, April 17, 1989

No. JLA-5114

His Excellency Mr. Hiroshi Kitamura,
Ambassador of Japan,
Ottawa

Excellency,

I have the honour to acknowledge the receipt of Your Excellency's Note of today's date which would read in English as follows:

"I have the honour to refer to the consultations held in Tokyo from September 27 to September 30, 1988, concerning the Agreement between Japan and Canada for Air Services signed at Ottawa on January 12, 1955.

Pursuant to the agreement reached at the said consultations, I now have the honour to propose, on behalf of the Government of Japan, that the new Schedule as set out in the Attachment shall replace the existing Schedule of the aforementioned Agreement.

If the foregoing proposal is acceptable to the Government of Canada, I have further the honour to propose that this Note and your Note in reply indicating such acceptance shall be regarded as constituting an agreement between the two Governments, which shall enter into force on the date of your reply."

I have the honour to confirm that the contents of the above Note are acceptable to the Government of Canada and that Your Excellency's Note together with its Attachment and this reply, which is equally authentic in English and French, shall constitute an agreement between the two Governments which shall enter into force on this day's date.

I avail myself of this opportunity to extend to Your Excellency the assurance of my highest consideration.

Joe Clark

Secretary of State for External Affairs


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