An Act to amend the Foreign Missions and International Organizations Act (S.C. 2002, c. 12)
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Assented to 2002-04-30
An Act to amend the Foreign Missions and International Organizations Act
S.C. 2002, c. 12
Assented to 2002-04-30
An Act to amend the Foreign Missions and International Organizations Act
SUMMARY
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.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1991, c. 41FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT
1. (1) The definition “international organization” in subsection 2(1) of the Foreign Missions and International Organizations Act is replaced by the following:
“international organization”
« organisation internationale »
“international organization” means an intergovernmental organization, whether or not established by treaty, of which two or more states are members, and includes an intergovernmental conference in which two or more states participate;
(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“accredited mission”
« mission accréditée »
“accredited mission” means a permanent mission of a foreign state that is accredited to an international organization headquartered in Canada;
2. Section 4 of the Act is amended by adding the following after subsection (3):
Marginal note:Detention of goods
(4) The Minister of Foreign Affairs may, by order, authorize the detention by officers under the Customs Act of goods imported by a diplomatic mission or consular post of a foreign state for any period during which, in the opinion of the Minister, the foreign state applies any of the provisions of the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations restrictively with the result that the privileges and immunities accorded to that state’s diplomatic mission and consular posts in Canada exceed those accorded to a Canadian diplomatic mission and Canadian consular posts in that foreign state.
3. (1) The portion of subsection 5(1) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Privileges and immunities
5. (1) The Governor in Council may, by order, provide that
(2) Paragraphs 5(1)(c) to (e) of the Act are replaced by the following:
(b.1) subject to subsection (1.2), accredited missions shall, to the extent specified in the order, have privileges and immunities comparable to the privileges and immunities accorded to diplomatic missions of foreign states in Canada under the Vienna Convention on Diplomatic Relations;
(c) representatives of a foreign state that is a member of or participates in 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;
(d) representatives of a foreign state that is a member 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;
(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 foreign state that is a member 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;
(3) Paragraph 5(1)(f) of the French version of the Act is replaced by the following:
f) que les hauts fonctionnaires d’une organisation internationale désignés par lui — ainsi que, dans le cas d’une organisation internationale ayant son siège au Canada, les membres de leur famille faisant partie de leur ménage — bénéficient, dans la mesure spécifiée, de privilèges et immunités comparables à ceux dont bénéficient respectivement les agents diplomatiques et, le cas échéant, les membres de leur famille faisant partie de leur ménage, en vertu de la Convention de Vienne sur les relations diplomatiques;
(4) Subsection 5(1) of the Act is amended by striking out the word “and” at the end of paragraph (h) and by adding the following after paragraph (h):
(h.1) such other classes of persons as may be designated by the Governor in Council who, in accordance with a treaty, convention or agreement set out in Schedule IV, are entitled to privileges and immunities, 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 agents, and members of their families forming part of their households, under the Vienna Convention on Diplomatic Relations; and
(5) Section 5 of the Act is amended by adding the following after subsection (1):
Marginal note:Retroactive order
(1.1) An order made under paragraph (1)(b) or subsection 6(2) that has the effect of granting to an international organization or to an office of a political subdivision of a foreign state, as the case may be, any duty or tax relief privileges may, in relation to those privileges, if it so provides, be made retroactive.
Marginal note:Duty and tax relief privileges — accredited missions
(1.2) An order made under paragraph (1)(b.1) may restrict or withdraw any duty or tax relief privileges in relation to a particular accredited mission for the purpose of according to that accredited mission treatment that is comparable to the treatment accorded by the foreign state in question to a Canadian permanent mission that is accredited to an international organization in that foreign state.
Marginal note:Retroactive order
(1.3) An order made under paragraph (1)(b.1) that has the effect of granting to an accredited mission of the International Civil Aviation Organization any tax relief privileges in relation to Part IX of the Excise Tax Act may, in relation to those privileges, if it so provides, be made retroactive and have effect with respect to any period beginning on January 1, 1991 at the earliest and ending on December 31, 2000 at the latest.
(6) Section 5 of the Act is amended by adding the following after subsection (3):
Marginal note:Immigration restrictions
(4) In the event of an inconsistency or conflict between an order made under subsection (1) and section 19 of the Immigration Act, the order prevails to the extent of the inconsistency or conflict.
Marginal note:1995, c. 5, par. 25(1)(n)
4. Section 6 of the Act is replaced by the following:
Marginal note:Privileges, immunities and benefits
6. (1) Subject to subsections (3) and (4), the Minister of Foreign Affairs may, by order,
(a) grant to the office of a political subdivision of a foreign state, and to any person connected with that office, any of the privileges and immunities accorded under section 3 to consular posts, and to persons connected with those posts, other than duty and tax relief privileges;
(b) extend any of the privileges and immunities granted under paragraph (a) to that office, and to any person connected with it;
(c) grant to that office, and to any person connected with it, any of the benefits set out in the regulations;
(d) withdraw any of the privileges, immunities or benefits granted under this subsection or subsection (2); and
(e) restore any privilege, immunity or benefit withdrawn under paragraph (d).
Marginal note:Duty and tax relief privileges
(2) Subject to subsections (3) and (4), on the joint recommendation of the Minister of Foreign Affairs and the Minister of Finance, the Governor in Council may, by order,
(a) grant to the office of a political subdivision of a foreign state, and to any person connected with that office, any of the duty and tax relief privileges accorded under section 3 to consular posts and to persons connected with those posts;
(b) 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, and to any person connected with it; and
(c) grant to that office, and to any person connected with it, any duty or tax relief privilege not provided for in the Vienna Convention on Consular Relations.
Marginal note:Condition
(3) Before the Minister makes an order under subsection (1) or the Governor in Council makes an order under subsection (2), the Minister or the Governor in Council, as the case may be, must be of the opinion that the office of the political subdivision of the 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.
Marginal note:Purpose of orders
(4) An order made under subsection (1) or (2) must be for the purpose of according to the office of the political subdivision of the foreign state, and to any person connected with the office, treatment that is comparable
(a) to the treatment accorded to the office of a Canadian political subdivision in the foreign state, and to persons connected with that office; or
(b) if there is no office of a Canadian political subdivision in the foreign state, to the treatment that, in the opinion of the Minister or the Governor in Council, as the case may be, would, on the basis of assurances offered by that foreign state, be accorded to an office of a Canadian political subdivision in that foreign state, and to persons connected with that office.
Marginal note:Premises and archives
(5) The Minister of Foreign Affairs may, by order, grant to the office of a political subdivision of a 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 for the purpose of according to that office treatment that is comparable
(a) to the treatment accorded to the office of a Canadian political subdivision in the foreign state; or
(b) if there is no office of a Canadian political subdivision in the foreign state, to the treatment that, in the opinion of the Minister, would, on the basis of assurances offered by that foreign state, be accorded to an office of a Canadian political subdivision in that foreign state.
5. The Act is amended by adding the following after section 10:
Security of Intergovernmental Conferences
Marginal note:Role of RCMP
10.1 (1) The Royal Canadian Mounted Police has the primary responsibility to ensure the security for the proper functioning of any intergovernmental conference in which two or more states participate, that is attended by persons granted privileges and immunities under this Act and to which an order made or continued under this Act applies.
Marginal note:Powers of RCMP
(2) For the purpose of carrying out its responsibility under subsection (1), the Royal Canadian Mounted Police may take appropriate measures, including controlling, limiting or prohibiting access to any area to the extent and in a manner that is reasonable in the circumstances.
Marginal note:For greater certainty
(3) The powers referred to in subsection (2) are set out for greater certainty and shall not be read as affecting the powers that peace officers possess at common law or by virtue of any other federal or provincial Act or regulation.
Marginal note:Arrangements
(4) Subject to subsection (1), to facilitate consultation and cooperation between the Royal Canadian Mounted Police and provincial and municipal police forces, the Solicitor General may, with the approval of the Governor in Council, enter into arrangements with the government of a province concerning the responsibilities of members of the Royal Canadian Mounted Police and members of provincial and municipal police forces with respect to ensuring the security for the proper functioning of a conference referred to in that subsection.
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