Commission for Environmental Cooperation Privileges and Immunities in Canada Order

SOR/97-450FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT
Registration 1997-09-23
Commission for Environmental Cooperation Privileges and Immunities in Canada Order
P.C. 1997-1346 1997-09-23His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs and the Minister of Finance, pursuant to paragraphs 5(1)(a), (b), (d) and (f) to (h) and subsections 5(2)Footnote a and (3) of the Foreign Missions and International Organizations ActFootnote b, hereby makes the annexed Commission for Environmental Cooperation Privileges and Immunities in Canada Order.

Return to footnote aS.C. 1995, c. 5, par. 25(1)(n)
Return to footnote bS.C. 1991, c. 41
Interpretation

1 The definitions in this section apply in this Order.

Act
Act means the Foreign Missions and International Organizations Act. (Loi)
Agreement
Agreement means the Headquarters Agreement between the Government of Canada and the Commission for Environmental Cooperation that was signed at Ottawa and Montreal on May 29 and 30, 1997, and that came into force on May 30, 1997. (Accord)
Commission
Commission means the Commission for Environmental Cooperation established by Article 8(1) of the North American Agreement on Environmental Cooperation between the Government of Canada, the Government of the United States of America and the Government of the United Mexican States that was concluded on September 14, 1993, and that came into force on January 1, 1994. (Commission)
Convention
Convention means the Convention on the Privileges and Immunities of the United Nations set out in Schedule III to the Act. (Convention)
Secretariat
Secretariat means the Secretariat of the Commission established by Article 8(2) of the North American Agreement on Environmental Cooperation between the Government of Canada, the Government of the United States of America and the Government of the United Mexican States that was concluded on September 14, 1993, and that came into force on January 1, 1994. (Secrétariat)
Vienna Convention
Vienna Convention means the Vienna Convention on Diplomatic Relations set out in Schedule I to the Act. (Convention de Vienne)

Privileges and Immunities

2 (1) The Commission shall have in Canada the legal capacities of a body corporate and, to the extent specified in Articles III to VII of the Agreement, the privileges and immunities set out in Articles II and III of the Convention.
(2) Representatives of foreign states who are members of the Council of the Commission shall have in Canada, to the extent specified in Articles VIII and XIII(1) of the Agreement, the privileges and immunities comparable to those accorded to diplomatic representatives in Canada under the Vienna Convention.
(3) Senior officials of the Secretariat defined, and members of their families forming part of their households, shall have in Canada, to the extent specified in Articles IX and XIII(1) of the Agreement, privileges and immunities comparable to those accorded in Canada under the Vienna Convention to diplomatic agents and members of their families forming part of their households.

(4) Officials of the Secretariat shall have in Canada, to the extent specified in Articles X and XIII(1) of the Agreement, the following privileges and immunities set out in Section 18 of Article V of the Convention:

(a) immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity;
(b) exemption from taxation on the salaries and emoluments paid to them by the Commission;
(c) immunity from national service obligations;
(d) together with their spouses and relatives dependent on them, immunity from immigration restrictions and alien registration;
(e) the same privileges in respect of exchange facilities as are accorded to the officials of comparable ranks forming part of diplomatic missions; and
(f) the right to import free of duty their furniture and effects at the time of first taking up their post in Canada.

(5) Experts performing missions for the Commission shall have in Canada, to the extent specified in Articles XI and XIII(2) of the Agreement, the following privileges and immunities set out in Article VI of the Convention:

(a) immunity from personal arrest or detention and from seizure of their personal baggage;
(b) in respect of words spoken or written and acts done by them in the course of the performance of their mission, immunity from legal process of every kind, which immunity shall continue to be accorded notwithstanding that the persons concerned are no longer employed on missions for the Commission;
(c) inviolability for all papers and documents; and
(d) the same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys.

Coming into Force

3 This Order comes into force on September 23, 1997.