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THE MARINE MAMMAL COMMISSION COMPENDIUM

BILATERAL / CANADA
Volume(s) 1-3; pages 2881-2882


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Agreement Between the Government of the United States of America and the Government of Canada Relating to the Establishment of Joint Pollution Contingency Plans for Spills of Oil and Other Noxious Substances, Ottawa, 1974


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Done at Ottawa 19 June 1974*( The Joint Pollution Contingency Plan and its annexes are not printed herein. They are deposited in the archives of the U.S. Department of State where they are available for reference. )*


Entered into force 19 June 1974


Primary source citation: 25 UST 1280, TIAS 7861


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DEPARTMENT OF EXTERNAL AFFAIRS OTTAWA, CANADA

June 19, 1974

His Excellency The Honourable WILLIAM J. PORTER, Ambassador of the United States of America, Ottawa.

NO. FLA-362

EXCELLENCY,

I have the honour to refer to the discussions between representatives of our Governments in Washington, D.C. and in Ottawa concerning the establishment of joint pollution contingency plans for waters of mutual interest, leading to the development of a joint Canada-United States Marine Contingency Plan for spills of oil and other noxious substances.

I have the honour to propose that the joint Canada-United States Marine Contingency Plan for spills of oil and other noxious substances, shall be promulgated by the Canadian Ministry of Transport and the United States Coast Guard and shall be maintained in force, as amended from time to time, to coordinate responses to significant pollution threats to the waters covered by the provisions of the Plan.

It would be the responsibility of the Canadian Ministry of Transport and the United States Coast Guard to administer and maintain the Plan as promulgated, or as amended from time to time.

Maintenance of the Plan and actions thereunder would be without prejudice to the positions of the Governments of the United States and of Canada, with respect to coastal state jurisdiction over pollution, and without prejudice to any other positions of the two Governments regarding the extent of territorial or maritime jurisdiction.

If the foregoing proposals are acceptable to the Government of the United States, I have the honour to propose that this Note, which is equally authentic in English and French, and Your Excellency's reply shall constitute an Agreement between Canada and the United States which shall enter into force on the date of your reply.

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

MITCHELL SHARP Secretary of State for External Affairs

EMBASSY OF THE UNITED STATES OF AMERICA OTTAWA

June 19, 1974

The Honourable MITCHELL SHARP, P.C., Secretary of State for External Affairs, Ottawa.

NO. 106

SIR:

I have the honor to acknowledge receipt of your note No. FLA-362 of June 19, 1974 which reads as follows:

‘EXCELLENCY,

I have the honour to refer to the discussions between representatives of our Governments in Washington, D.C. and in Ottawa concerning the establishment of joint pollution contingency plans for waters of mutual interest, leading to the development of a joint Canada-United States Marine Contingency Plan for spills of oil and other noxious substances.

I have the honour to propose that the joint Canada-United States Marine Contingency Plan for spills of oil and other noxious substances, shall be promulgated by the Canadian Ministry of Transport and the United States Coast Guard and shall be maintained in force, as amended from time to time, to coordinate responses to significant pollution threats to the waters covered by the provisions of the Plan.

It would be the responsibility of the Canadian Ministry of Transport and the United States Coast Guard to administer and maintain the Plan as promulgated, or as amended from time to time.

Maintenance of the Plan and actions thereunder would be without prejudice to the positions of the Government of the United States and of Canada, with respect to coastal state jurisdiction over pollution, and without prejudice to any other positions of the two Governments regarding the extent of territorial or maritime jurisdiction.

If the foregoing proposals are acceptable to the Government of the United States, I have the honour to propose that this Note, which is equally authentic in English and French, and Your Excellency's reply shall constitute an Agreement between Canada and the United States which shall enter into force on the date of your reply.

Accept, Excellency, the renewed assurances of my highest consideration.’

I have the honor to inform you that the foregoing proposals are acceptable to the Government of the United States of America and to confirm that your Note, which is equally authentic in English and French, and this reply shall constitute an Agreement between our two Governments which shall enter into force on the date of this reply.

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

WILLIAM J. PORTER