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This enactment amends the Foreign Missions and International
Organizations Act to modernize the privileges and immunities regime.
This will allow Canada to comply with its existing commitments under
international treaties and to respond to recent developments in
international law. The enactment also corrects the deficiency in the
existing statutory definition of ``international organization''. The
enactment further provides that the Royal Canadian Mounted Police
has the primary responsibility to ensure the security for the proper
functioning of intergovernmental conferences. This clearer statutory
authority supports security measures taken by Canadian police in
fulfilling Canada's obligations to protect persons who have privileges
and immunities under the Act.
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Clause 1: (1) The definition ``international
organization'' in subsection 2(1) reads as follows:
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``international organization'' means any intergovernmental
organization of which two or more states are members;
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(2) New.
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Clause 2: New.
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Clause 3: (1) to (4) Paragraphs 5(1)(b.1) and (h.1) are
new. The relevant portion of subsection 5(1) reads as
follows:
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5. (1) Subject to subsection (2), the Governor in Council may, by
order, provide that
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(c) representatives of foreign states that are members of an
international organization shall, to the extent specified in the order,
have the privileges and immunities set out in Article IV of the
Convention on the Privileges and Immunities of the United Nations;
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(d) representatives of foreign states that are members of an
international organization headquartered in Canada, and members
of their families forming part of their households, shall, to the extent
specified in the order, have privileges and immunities comparable to
the privileges and immunities accorded to diplomatic
representatives, and members of their families forming part of their
households, in Canada under the Vienna Convention on Diplomatic
Relations;
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(e) members of the administrative and technical staff, and members
of their families forming part of their households, and the service
staff of the mission of a member state of an international organization
headquartered in Canada, other than persons who are Canadian
citizens or permanent residents of Canada, shall, to the extent
specified in the order, have privileges and immunities comparable to
the privileges and immunities accorded to such persons under the
Vienna Convention on Diplomatic Relations;
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(f) such senior officials of an international organization as may be
designated by the Governor in Council, and, in the case of an
international organization headquartered in Canada, members of
their families forming part of their households, shall, to the extent
specified in the order, have privileges and immunities comparable to
the privileges and immunities accorded to diplomatic agents, and
members of their families forming part of their households, under the
Vienna Convention on Diplomatic Relations;
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(5) and (6) New.
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Clause 4: Section 6 reads as follows:
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6. (1) Where the Minister of Foreign Affairs is of the opinion that an
office of a political subdivision of a foreign state performs, in Canada,
duties that are substantially the same as the duties performed in Canada
by a consular post as defined in Article 1 of the Vienna Convention on
Consular Relations, the Minister of Foreign Affairs may, for the purpose
of according to that office of the political subdivision of the foreign
state, and persons connected therewith, treatment that is comparable to
the treatment accorded to the office of a Canadian political subdivision
that performs similar duties in that foreign state, and persons connected
therewith, by order,
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(a) grant to the office of the political subdivision of the foreign state,
and to any person connected therewith, any of the privileges and
immunities accorded to consular posts under section 3;
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(b) extend any of the privileges and immunities granted under
paragraph (a) to that office, and to any person connected therewith,
other than duty and tax relief privileges;
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(c) grant to that office, and to any person connected therewith, any
of the benefits set out in the regulations;
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(d) withdraw any of the privileges, immunities or benefits granted to
that office, and to any person connected therewith, under this
subsection; and
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(e) restore any privilege, immunity or benefit withdrawn pursuant to
paragraph (d).
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(2) Where the Governor in Council is of the opinion that an office of
a political subdivision of a foreign state performs, in Canada, duties that
are substantially the same as the duties performed in Canada by a
consular post as defined in Article 1 of the Vienna Convention on
Consular Relations, the Governor in Council, on the joint
recommendation of the Minister of Foreign Affairs and the Minister of
Finance, may, for the purpose of according to that office of the political
subdivision of the foreign state, and persons connected therewith, duty
and tax relief privileges that are comparable to the duty and tax relief
privileges accorded to the office in the foreign state of a Canadian
political subdivision, and persons connected therewith, by order,
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(a) extend any of the duty and tax relief privileges provided for in the
Vienna Convention on Consular Relations that have been granted to
that office of the political subdivision of the foreign state, and to any
person connected therewith; and
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(b) grant to that office, and to any person connected therewith, any
duty or tax relief privilege not provided for in the Vienna Convention
on Consular Relations.
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(3) For the purpose of according to the office in Canada of a political
subdivision of a foreign state, and persons connected therewith, duty
and tax relief privileges that are comparable to the duty and tax relief
privileges accorded to the office in the foreign state of a Canadian
political subdivision, and persons connected therewith, the Minister of
Foreign Affairs may, by order,
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(a) withdraw any duty or tax relief privilege accorded under this
section to that office, and to any person connected therewith; and
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(b) restore any duty or tax relief privilege withdrawn pursuant to
paragraph (a).
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(4) For the purpose of according to an office in Canada of a political
subdivision of a foreign state treatment that is comparable to the
treatment accorded to any office in that foreign state of a Canadian
political subdivision, the Minister of Foreign Affairs may, by order,
grant to that office of the political subdivision of the foreign state, and
to the archives of that office, any of the immunities accorded to consular
premises and consular archives by the Vienna Convention on Consular
Relations.
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Clause 5: New.
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Clause 6: Section 11.1 and the heading before it are
new. Section 11 reads as follows:
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11. If in any action or proceeding a question arises as to whether
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(a) a diplomatic mission, a consular post or an office of a political
subdivision of a foreign state has been established with the consent
of the Government of Canada, or
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(b) any premises or archives are the premises or archives of an office
of a political subdivision of a foreign state,
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a certificate purporting to be issued by or under the authority of the
Minister of Foreign Affairs and containing any statement of fact
relevant to the question shall be received in evidence as proof of the fact
so stated without proof of the signature or official character of the
person appearing to have signed the certificate.
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Clause 7: The heading before section 12 reads as
follows:
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Clause 8: New.
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Clause 9: New.
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