Agreement between Canada and the Square Kilometre Array Observatory concerning the Accession of Canada to the Convention Establishing the Square Kilometre Array Observatory

CANADA

AND

THE SQUARE KILOMETRE ARRAY OBSERVATORY (the “SKAO”), established by the Convention Establishing the Square Kilometre Array Observatory, done at Rome on 12 March 2019, and its Annex A (Protocol on Privileges and Immunities) and Annex B (Financial Protocol), which entered into force on 15 January 2021 (collectively the “Convention”),

NOTING that, according to Article 6, paragraph 2, of the Convention, a State admitted to the SKAO by unanimous vote of its Members becomes a Member of the SKAO and Party to the Convention by depositing an instrument of accession with the Government of the United Kingdom of Great Britain and Northern Ireland (Foreign, Commonwealth and Development Office, London);

RECOGNIZING that, for the existing Members of the SKAO, the accession of Canada brings additional expertise; new opportunities for collaboration and cooperation; and additional capability, resources, and contributions that further enable the aims of the SKAO as described in the Convention;

CONSIDERING that the Council has approved unanimously the admission of Canada through a vote by correspondence on 29 June 2023;

RECOGNIZING that the SKAO makes every effort to distribute contracts as fairly as possible among its Members, and will use its best endeavours to facilitate the participation of Canadian companies and institutions in the SKAO’s Call for Tenders, as per its procurement policy;

CONVINCED that the accession of Canada to the Convention contributes to the achievement of the purposes set out in the Convention,

HAVE AGREED as follows:

ARTICLE 1

Purpose

The purpose of this Agreement is to establish the terms and conditions for the accession of Canada to the Convention.

ARTICLE 2

Membership of the SKAO

1. Canada becomes a Member of the SKAO and a Party to the Convention as of the date of entry into force of the Convention for Canada, as defined in Article 4, paragraph 2, of this Agreement.
2. As a Member of the SKAO, Canada has all rights, benefits, and obligations assigned to Members of the SKAO under the Convention and its policies and procedures, including full participation in the Council and its decision-making and, once the Square Kilometre Array is operational, access to the scientific programmes of the SKAO for its community according to the SKAO’s access policy and procedures.
3. Canada has the same rights and obligations as the other Members with regard to decisions and resolutions issued by the Council or, in delegation from the Council’s authority, by an auxiliary organ, and with regard to any agreement concluded by the SKAO.

ARTICLE 3

Financial Contribution

1. Canada shall make financial contributions to the SKAO in accordance with Article 10 of the Convention.
2. Subject to paragraph 1, Canada’s contributions to the construction and operational costs of the SKAO during the construction phase, from 2021 to 2030, is expected to be €133.66M (in cumulative then-year euros) through cash and/or in-kind contributions.
3. Canada’s financial contributions to the SKAO after 2030 shall be determined in accordance with Article 10 of the Convention.

ARTICLE 4

Entry into Force

1. This Agreement enters into force on the date of entry into force of the Convention for Canada.
2. The Convention enters into force for Canada thirty (30) days following the date of the deposit of its instrument of accession with the Government of the United Kingdom of Great Britain and Northern Ireland, pursuant to Article 19, paragraph 4, of the Convention.

ARTICLE 5

Resolution of Disputes

Failing an amicable settlement of any dispute between Canada and the SKAO arising out of the application or interpretation of this Agreement, Article 14 of the Convention applies.

ARTICLE 6

Application of the Convention

1. The Convention, including its two Annexes (Annex A (Protocol on Privileges and Immunities) and Annex B (Financial Protocol)), as may be amended from time to time, forms an integral part of this Agreement.
2. With regard to Annex A (Protocol on Privileges and Immunities) of the Convention, Canada reserves the right to exercise the option to not extend the privileges and immunities to its own nationals or permanent residents as provided for in Article 7, paragraph 2, and Article 8, paragraph 3, of that Annex.

DONE in duplicate at Ottawa, on this 13^th day of October 2023, and at Jodrell Bank, on this 30^th day of October 2023, in the English and French languages, each version being equally authentic.

Iain Stewart

FOR CANADA

Philip Diamond

FOR THE SQUARE KILOMETRE ARRAY OBSERVATORY (SKAO)