842.20 Defense/12–3044
The Canadian Secretary of State for External
Affairs (Mackenzie
King) to the American
Ambassador in Canada (Atherton)1
No. 141
Ottawa, December 28,
1944.
Excellency: I have the honour to refer to
previous correspondence concerning the acquisition by the Canadian
Government of land required by the United States for the purpose of
carrying out their defence projects in this country.
Opportunity was taken of the presence in Ottawa of Brigadier-General
F. S. Strong, Jr., and Captain C. B. Schmeltzer of the Northwest
Service Command and Major Robert H. Fabian of the Engineers R. E.
Division, United States War Department to discuss this matter.
Accordingly a meeting took place in October in which participated
the above-mentioned persons, together with members of this
Department and of other governmental departments concerned.
The conclusions reached at this meeting have been embodied in a
memorandum, six copies of which are enclosed herewith together with
six copies of the enclosure referred to therein.
The proposals set forth in the memorandum for the purpose of solving
the problem of acquisition of land for United States defence
projects are acceptable to the Canadian Government and it would be
appreciated if you would inform me whether they meet with the same
approval on the part of the United States Government.
Accept [etc.]
J. E. Read
2
For Secretary of State for External Affairs
[Enclosure—Memorandum]
Setting forth the Conclusions reached at a
Meeting between Representatives of the United States and
Canadian Governments held at Ottawa, October 20, 1944, to deal
with Procedures Relating to Acquisition by the Canadian
Government of Land Required for United States War Projects in
Canada.
[Page 211]
1. The conclusion was reached that the acquisition by the
Canadian Government of land required for United States war
projects in Canada should be in accordance with the following
procedure:
In all cases where land is needed by the United States for a
major war project, a request concerning it should be forwarded
through the State Department to the Department of External
Affairs. In the case of minor projects involving the use of
land, the United States authorities should communicate their
requirements, in the case of land in Northwest Canada, to the
Special Commissioner for Defence Projects in Northwest Canada,
Edmonton, Alberta. (For the purpose of this memorandum,
Northwest Canada is deemed to include all lands situated in
Canada west of the fourth meridian in the system of Dominion
land surveys). In the case of minor projects situated in other
parts of Canada, the appropriate channel would be through the
Department of External Affairs. In all cases, in the event that
the request is approved, the appropriate authorities of the
Canadian Government will take the necessary steps to have the
land placed at the disposal of the United States authorities. In
cases in which the land needed is Crown land in the right of a
province, or private property, the Canadian Government will take
immediate steps to secure title to or a lease of the land and
will then make it available to the United States authorities in
precisely the same way as in the case of land originally held by
the Canadian Government. It is also understood that this
procedure will apply in all cases where land is required but
that it will not be applicable in cases where all that is needed
is existing office space or housing, or leases of parts of
existing buildings or of entire existing buildings.
This procedure and the other arrangements made hereunder are not
intended to interfere with, or limit in any way, the procedure
adopted for the handling of recommendations made by the
Permanent Joint Board on Defence.
2. The conclusion was reached that the assignment of existing
leaseholds in Canada, held for war purposes, should be carried
out in accordance with the following procedures and
understandings:
- (a)
- The transactions should extend to leaseholds in all
parts of Canada. In Northwest Canada the transactions
should be dealt with through the office of the Special
Commissioner for Defence Projects in Northwest Canada,
Edmonton, Alberta. In the case of lands in other parts
of Canada, the transactions should be dealt with by
direct communication through the United States Military
Attaché at Ottawa and the Department of
Transport.
- (b)
- The assignments should be made in accordance with the
attached form,3 which has been approved by the
Canadian Government,
[Page 212]
subject to any modifications which
may be approved either by the United States Army
representative and the Special Commissioner, or by the
United States Military Attaché and the Department of
Transport, as the case may be.
- (c)
- All of the transactions hereunder are to be subject to
the following provisions and conditions:
- (i)
- That the United States may retain occupancy of
the demised premises without charge therefor for
so long as may be desired but in no event beyond
the duration of the war and six (6) months
thereafter.
- (ii)
- That the Canadian Government will reimburse
the United States Government for any and all
rentals paid under the terms of the leases
covering occupancy from and after the 7th day of
September, 1943, and will assume the obligation
for the payment of all rentals due or to become
due from the effective date of the assignment,
together with any and all other obligations of the
United States Government under the leases, express
or implied, including obligations to restore, if
any. As to those leases entered into by the United
States Government, or assigned to the Government
by its cost-plus fixed fee contractors subsequent
to the 7th day of September, 1943, the Canadian
Government will reimburse the United States
Government from the date of acquisition or from
the date of assignment, as the case may be.
- (iii)
- That title to any and all improvements erected
on the demised premises by the United States
Government will be retained by the Government
until such improvements have been appraised and
disposed of in accordance with the provisions of
the 33rd Recommendation of the Permanent Joint
Board on Defence, United States-Canada or such
other agreement between the two countries as may
supplement or supersede this
Recommendation.
- (d)
- It is understood that the procedure, as set out
herein, relating to assignment of leases, will apply in
all cases where land has been leased by the United
States Government, but that leases, held by the United
States Government, of office space or housing, or of
parts of existing buildings or of entire existing
buildings, will not be subject to these procedures and
understandings.
