in nationals of that state, or in case of failure of an airline to comply with the laws of the state over which it operates, as described in Article V, or to perform its obligations under this Agreement. Article VII This Agreement shall apply to the territory of the continental United States including Alaska, and to the territory of Canada including the territorial waters adjacent to each territory. Article VIII The aircraft operated by United States airlines snall conform at all times with the airworthiness requirements prescribed by the competent aeronautical authorities of the United States of America for aircraft employed in air transportation of the character contemplated by this Agreement. The aircraft operated by Canadian airlines shall conform at all times with the airworthiness requirements prescribed by the competent aeronautical authorities of Canada for aircraft employed in air transportation of the character contemplated by this Agreement. Article IX The competent authorities of the two Governments shall enter into agreements concerning the transportation of mail on the services authorized by this Agreement. Article X The services authorized by this Agreement and for which rights are specified in the Annex shall be conducted in accordance with the following provisions: 1 (1) Pending the coming into force of the Interim Agreement on International Civil Aviation done at Chicago on December 7, 1944, they shall be subject to the applicable terms of the Air Navigation Agreement between Canada and the United States of America effected by an exchange of notes of July 28, 1938; [1] (2) Additional stops may be made in the territory of the state of which an airline is a national at the election of that state, provided that these stops lie in reasonable proximity to the direct route connecting the terminals indicated in the Annex, and subject to the special provisions indicated therein with respect to particular routes; (3) Holders of through tickets travelling on a through interna tional service may make stopovers at any point where a landing is made even though such landing is made at a point not otherwise authorized for the pick-up and discharge of traffic; '[Executive Agreement Series 129; 53 Stat. 1925.] (4) Future proposals for services between any point in Alaska and any point in Canada west of the 130th meridian shall be initially considered (unless in any particular case the two Governments shall agree to follow a different course) by a representative designated by each Government, whose recommendations shall be transmitted to the two Governments for action; (5) The routes specified in the Annex shall be open for operation by properly designated airlines at any time during the life of the Agreement. The rights shall not lapse with any failure to exercise them, or any interruption of such exercise. Article XI This Agreement supersedes that relating to air transport services effected by an exchange of notes of August 18, 1939, [1] the supplementary arrangement relating to air transport services effected by an exchange of notes of November 29 and December 2, 1940 [2] and the exchange of notes of March 4, 1943,[3] which continued in force. the supplementary arrangement of November 29 and December 2. 1940. Article XII The Annex to this Agreement shall be reviewed from time to time by the competent aeronautical authorities of the two Governments. These authorities may recommend to their respective Governments modifications of the Annex. Such modifications, if approved by both Governments, shall be made effective by exchange of notes. Article XIII This Agreement and all contracts connected therewith shall be registered with the Provisional International Civil Aviation Organization. Article XIV This Agreement shall become effective on February 19, 1945, and shall remain in effect until terminated by mutual agreement or until twelve months after the giving of notice by either Government to the other Government. ANNEX A. The airlines designated by the Government of the United States of America may operate on the following routes, with the right to take on and put down passengers, mail and cargo at the Canadian terminals specified: [Executive Agreement Series 159; 54 Stat. 1805.] * [Executive Agreement Series 186; 54 Stat. 2422.] *[Executive Agreement Series 314; 57 Stat. 923.] (Provided that Montreal and Ottawa shall not be served on the same flight) (Provided that Montreal and Ottawa shall not be served on the same flight, and that the last point touched in the United States, if it be other than Washington, shall lie east of the 77th meridian) The service on the route between Buffalo and Toronto may, at the election of the United States Government, be rendered by two airlines. On the other routes service by a single airline only will be authorized. In addition to the routes listed above, airlines of United States registry will be authorized to stop in Windsor on any route on which they are now or in the future may be authorized by the United States Government to serve Detroit. B. The airlines designated by the Government of Canada may operate on the following routes, with the right to take on and put down passengers, mail and cargo at the United States terminals specified: (No stop will be made on this route at any Canadian point within forty miles of Detroit.) A single airline will be authorized for each of the foregoing routes. With respect to the routes between Toronto and Cleveland and Toronto and Chicago no through services will be operated from either point in the United States to points lying beyond the territorial limits of Canada. In addition to the routes listed above, airlines of Canadian registry will be authorized to stop in Detroit on any route on which they are. now or in the future may be authorized by the Canadian Government to serve Windsor. If these proposals are acceptable to the Government of the United States of America, this note, and your reply thereto accepting the proposals, shall be regarded as placing on record the understanding arrived at between the two Governments concerning this matter. Accept, Sir, the renewed assurances of my highest consideration. L B PEARSON The Honourable JOSEPH C. GREW, Acting Secretary of State of the United States, The Acting Secretary of State to the Canadian Ambassador DEPARTMENT OF STATE WASHINGTON February 17, 1945 EXCELLENCY: I have the honor to acknowledge your note No. 46 of February 17, 1945, in which you propose that an agreement be entered into between the Governments of the United States of America and Canada relating to civil air transport. The agreement as proposed in your note is acceptable to the Government of the United States of America. Your note and this reply are regarded as placing on record the understanding arrived at between the two Governments. Accept, Excellency, the renewed assurances of my highest consideration. For the Acting Secretary of State: His Excellency L. B. PEARSON, O.B.E., Ambassador of Canada. |