Privileges and Immunities (International Labour Organization) Order (C.R.C., c. 1318)

Short Title

1 This Order may be cited as the Privileges and Immunities (International Labour Organization) Order.

Interpretation

2 In this Order,

Branch Office

Branch Office means the Canada Branch of the International Labour Office; (Succursale)

International Labour Office

International Labour Office means the body set up in accordance with the Provisions of the Constitution of the International Labour Organization, the said organization being a specialized agency of the United Nations; (Bureau international du Travail)

International Labour Organization

International Labour Organization includes the Branch Office; (Organisation internationale du Travail)

senior official

senior official means any official of the International Labour Office designated as a senior official by the Director General of the International Labour Office according to the procedure set out in section 16. (fonctionnaire supérieur)

Privileges and Immunities

3 The International Labour Organization shall possess juridical personality; it shall have the legal capacities of a body corporate, including the capacity

• (a) to contract;

• (b) to acquire and dispose of immovable and movable property; and

• (c) to institute legal proceedings.

4 The International Labour Organization, its property and its assets, wherever located and by whomever held, shall enjoy the same immunity from suit and every form of judicial process as is enjoyed by foreign governments except that the International Labour Organization may expressly waive its immunity for the purpose of any proceedings or by the terms of any contract, but no waiver of immunity shall extend to any measure of execution.

• 5 (1) The premises in Canada of the International Labour Organization shall be inviolable.

• (2) The property and assets in Canada of the International Labour Organization, wherever located and by whomever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administration, judicial or legislative action, except with the consent of and under the conditions agreed to by the Director General of the International Labour Office, but this section shall not prevent the reasonable application of fire protection regulations.

• (3) The International Labour Organization shall, however, prevent the premises in Canada from becoming a refuge either for persons who are avoiding arrest or for persons who are endeavouring to avoid service or execution of legal process.

6 The archives of the International Labour Organization, and in general all documents belonging to it or held by it in Canada, shall be inviolable wherever located.

7 The International Labour Organization, its assets, income and property, owned or occupied in Canada, shall be

• (a) exempt from direct taxes, but it is understood, however, that the International Labour Organization will not claim exemption from taxes that are, in fact, no more than charges from public utility services;

• (b) exempt from customs duties and prohibitions and restrictions on imports and exports in respect of articles imported or exported by the International Labour Organization for its official use, but it is understood, however, that articles imported under such exemption will not be sold in Canada except under conditions agreed upon with the Government of Canada; and

• (c) exempt from any prohibitions or restrictions on import, export or sale of its publications and exempt from customs duties and excise taxes in respect thereof.

8 When goods are purchased under appropriate certificates from manufacturers of wholesalers who are licensed under the Excise Tax Act, the International Labour Organization shall be eligible to claim for the remission or refund of the excise tax and/or the consumption or sales tax for goods imported or purchased in Canada for the official use of the International Labour Organization as a body, but any articles that is exempted from these taxes, other than publications of the International Labour Organization, shall be subject thereto at existing rates if sold or otherwise disposed of within a period of one year from the date of purchase and the vendor shall be liable for such tax.

9 The International Labour Organization shall enjoy in the territory of Canada for its official communications treatment not less favourable than that accorded by the Government of Canada to any foreign government including its diplomatic mission in the matter of priorities and rates on mails, cables, telegrams, radiograms, telephotos, telephone and other communications, and press rates for information to the press and radio.

10 No censorship shall be applied to the official correspondence and other official communications of the International Labour Organization, and the Organization shall have the right to use codes and to despatch and receive its correspondence by courier or in bags, which shall have the same immunities and privileges as diplomatic couriers and bags; but nothing in this section shall be construed to preclude the adoption of appropriate security precautions to be determined by agreement between the International Labour Organization and the Government of Canada.

11 Except in so far as in any particular case any privilege or immunity is waived by the Director General of the International Labour Office, the senior officials shall

• (a) be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity;

• (b) be immune, together with their spouses and relatives dependent on them, from immigration restrictions and aliens registration or national service obligations;

• (c) be given, together with their spouses and relatives dependent on them, the same repatriation facilities in time of international crisis as diplomatic envoys;

• (d) be exempt from taxation on the salaries and emoluments paid to them by the International Labour Office;

• (e) enjoy the privilege of exemption in respect of themselves and their families from examination of baggage and other effects and admission thereof free of duty and taxes;

• (f) enjoy the privilege of admission of articles for their personal or family use free of duty and taxes at all times, provided that any article that was exempted from duty and taxes shall be subject thereto at the existing rates if sold or otherwise disposed of in Canada, within a period of one year in the case of articles other than motor vehicles, and within two years in the case of motor vehicles, from the date of acquisition, and the vendor shall be liable for such duties and taxes;

• (g) be eligible to claim for the exemption from the excise duty imposed under the Excise Act on domestic spirits and tobacco purchased from licensed manufacturers in Canada; and

• (h) be eligible to claim exemption from excise and/or sales tax on domestic spirits, wine and tobacco products when purchased direct from licensed manufacturers for the personal use of the applicant, and on automobiles, ale, beer and stout when purchased under appropriate certificate from licensed manufacturers; provided that any article that was exempted from these taxes shall be subject thereto at the existing rates if sold or otherwise disposed of within the period of one year from the date of purchase and the vendor shall be liable for such tax.

12 The Government of Canada shall not levy death taxes or succession duties on or in respect of property acquired for or incidental to residence in Canada by deceased senior officials who were not Canadian citizens at date of death; the Government of Canada shall not impede the repatriation of such tax and duty-free property.

13 Except in so far as in any particular case any privilege or immunity is waived by the Director General of the International Labour Office, other officials of the International Labour Office shall

• (a) be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity;

• (b) be given, together with their spouses and relatives dependent on them, the same repatriation facilities in time of international crisis as diplomatic envoys; and

• (c) have the right to import free of duty their furniture and effects, including motor vehicles but not including spirituous liquors, at the time of first taking up their post in Canada.

14 The provisions of paragraphs 11(d) to (h) inclusive and of paragraph 13(c) shall not apply to any Canadian citizen residing or ordinarily resident in Canada, and an official of the International Labour Office, who is or becomes a resident of Canada upon retirement, will not enjoy by virtue of this Order exemption from taxation on the pension that may be paid to him by the International Labour Office.

15 Privileges and immunities have been granted to officials in the interest of the International Labour Office and not for the personal benefit of the individuals themselves; and the Director General of the International Labour Office shall have the right to waive the immunity of any official in any case where, in his opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the International Labour Office.

16 The categories of officials to whom the provisions of sections 11, 12 and 13 apply shall be specified by the Director General of the International Labour Office and the names of these officials shall be notified to the Secretary of State for External Affairs.