Note No. 44
The Embassy of the United States of America presents its compliments to the
Department of Foreign Affairs and International Trade and has the honour to refer to
the following treaties, to which both Canada and the United States of America are
parties: the Treaty
on Principles Governing the Activities of States in the Exploration and Use of Outer
Space Including the Moon and Other Celestial Bodies (1967), the
Agreement on the Rescue
of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer
Space (1968) and the Convention
on International Liability for Damage Caused by Space Objects (1972). The
Embassy requests the permission and cooperation of the Goverment of Canada in
the arranging for the inclusion of four Canadian airfields as potential emergency
landing sites for certain space shuttle flights by the National Aeronautics and Space
Administration (NASA)
The requested airfields are:
Halifax/Shearwater, Nova Scotia
St. John's, Newfoundland
Stephenville, Newfoundland
Gander, Newfoundland
An attempted emergency landing by a space shuttle at a site outside of the
continental United States, while extremely unlikely, could occur at any time during
a flight, and various sites around the world have been designated emergency landing
sites through a variety of arrangements between the United States and host governments.
A new requirement for sites in Canada results from an agreement between the governments
of the United States and Russia which involves space shuttle flights to the Mir space
station, and also from the decision for Russia to join the International Space Station
program, in which Canada also participates. This recently concluded agreement
for United States - Russian cooperation requires shuttle flight trajectories at an
inclination of 51.6 degrees. The first launch requiring the possible use of
Canadian airfields is STS-76 scheduled for launch on March 21, 1996. Other
launches at 51.6 degrees will continue in the forseeable future. In addition,
Space Shuttle mission STS-85, scheduled for launch in 1997 will be launched at
57.0 degrees, and the Canadian airfields are also requested to support this
launch. In the event of multiple engine failures during ascent on these two
trajectories, one of these Canadian airfields could provide an alternative for a safe
landing by the shuttle and its crew.
Designating the Canadian airfields as emergency landing sites would not require
modifying the airfields, and would not require stationing United States personnel or
equipment in Canada. In the event of a Shuttle emergency, upon notification by NASA,
airport authorities would need to be able quickly to clear the runway and the
surrounding airspace. After an emergency landing, the Shuttle would require certain
post-landing services, including possible medical assistance to the crew, security for
the shuttle, and clearance for the immediate arrival of a U.S. team to organize the
return of the shuttle to the United States.
The Government of the United States will assume responsibility for compensation
of all damages to person or property caused by such activities, and reimburse the
Government of Canada for claims brought against the Government of Canada for such
damages or losses, in accordance with the Convention
on International Liability or Damages Caused by Space Objects.
The Government of the United States of America request the agreement of the
Government of Canada to formally designate the four airfields named above as emergency
landing sites for the Shuttle. Although it is extremely unlikely that the shuttle
would ever have to make an emergency landing in Canada, an agreement would ensure that
such an event would be handled with the fullest possible cooperation and hence as
safely as possible.
The Embassy point of contact is: Harold Foster, First Secretary, Economic Section,
tel.: 238-4470, extension 215, fax: 234-2588.
The Embassy renews to the Department of Foreign Affairs and International Trade
the assurances of its highest consideration.
Embassy of the United States of America
Ottawa, February 21, 1996
Response by the Canadian Department of Foreign Affairs and
International Trade to the Embassy of the United States of America.
The Department presents its compliments to the Embassy of the United States of
America and has the honour to refer to the Embassy's Note No. 44 of
February 21, 1996, proposing that Canada agree to designate certain airfields as
emergency landing sites for the Space Shuttle, and to the Departments reply TIR-0079
of March 20, 1996, indicating Canada's desire that Canada and the United States
of America develop an agreement to permit and govern a possible emergency landing.
After over two years of discussions and negotiations, the Department has come to
the conclusion, and believes you agree, that it is not possible to conclude an
independent agreement on this subject at this time.
Notwithstanding the absence of such agreement, Canada will continue to provide
designated aerodromes as emergency landing sites for the Space Shuttle in conformity
with Canadian laws, policies and practices and the treaties referred to below. In
order to facilitate the operational aspects of possible emergency landings, the
Department expects that the National Aeronautics and Space Administration (NASA) and
Transport Canada will develop a memorandum of understanding on operational procedures
relating to an emergency landing of the Space Shuttle in Canada.
For all other issues, Canada will rely on existing, legally binding multilateral
instruments that both Canada and the United States of America are part to, including
but not limited to, the Treaty
on Principles Governing the Activities of States in the Exploration and Use of Outer
Space Including the Moon and Other Celestial Bodies of January 27, 1967,
the Agreement on the
Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into
Outer Space of April 22, 1968 and the Convention
on International Liability for Damage Caused by Space Objects of
March 29, 1972, as well as generally accepted principles of international law.
The Department of Foreign Affairs and International Trade avails itself of this
opportunity to renew to the Embassy of the United States, the assurances of its
highest consideration.
Dated Ottawa, May 13, 1998
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