An Act to amend the Foreign Missions and International Organizations Act

Link to law: http://laws-lois.justice.gc.ca/eng/AnnualStatutes/2002_12/FullText.html

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. 41 FOREIGN 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.

Marginal note:1995, c. 5, par. 25(1)(n)

6. Section 11 of the Act is replaced by the following:

Marginal note:Certificate of Minister of Foreign Affairs

11. 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 any of the following questions shall be received in evidence in any action or proceeding as proof of the fact stated in the certificate without proof of the signature or official character of the person appearing to have signed the certificate:

(a) whether 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;

(b) whether an organization or conference is the subject of an order under section 5;

(c) whether a mission is accredited to an international organization;

(d) whether any premises or archives are the premises or archives of an office of a political subdivision of a foreign state; or

(e) whether any person, diplomatic mission, consular post, office of a political subdivision of a foreign state, international organization or accredited mission has privileges, immunities or benefits under this Act.

Importation of Alcohol

Marginal note:Importation of alcohol

11.1 For greater certainty,

(a) a person who, or a diplomatic mission, consular post, accredited mission or office of a political subdivision of a foreign state that, has privileges and immunities that are comparable to the privileges and immunities accorded under Article 36 of the Vienna Convention on Diplomatic Relations or Article 50 of the Vienna Convention on Consular Relations may, despite any provision of the Importation of Intoxicating Liquors Act, exercise those privileges and benefit from those immunities in respect of alcohol imported for their personal consumption or official use, as the case may be; and

(b) an international organization that has privileges and immunities that are comparable to the privileges and immunities accorded under Section 7 of Article II of the Convention on the Privileges and Immunities of the United Nations may, despite any provision of the Importation of Intoxicating Liquors Act, exercise those privileges and benefit from those immunities in respect of alcohol imported for its official use.

7. The heading before section 12 of the Act is replaced by the following:

Regulations and Orders
8. Section 13 of the Act is amended by adding the following after subsection (2):

Marginal note:Amendment to Schedule IV

(3) For the purpose of paragraph 5(1)(h.1), the Governor in Council may, by order, add to or delete from Schedule IV a reference to a treaty, convention or agreement, or amend a reference in that Schedule.

9. The Act is amended by adding, after Schedule III, the schedule set out in the schedule to this Act.

COORDINATING AMENDMENT

Marginal note:Bill C-11

10. If Bill C-11, introduced in the first session of the 37th Parliament and entitled the Immigration and Refugee Protection Act (“the other Act”), receives royal assent, then, on the later of the coming into force of

(a) this Act, and

(b) the first of sections 33 to 43 of the other Act to come into force,

subsection 5(4) of the Foreign Missions and International Organizations Act is replaced by the following:

Marginal note:Immigration restrictions

(4) In the event of an inconsistency or conflict between an order made under subsection (1) and any of sections 33 to 43 of the Immigration and Refugee Protection Act, the order prevails to the extent of the inconsistency or conflict.

SCHEDULE(Section 9)

SCHEDULE IV(Paragraph 5(1)(h.1) and subsection 13(3))DESIGNATED TREATIES, CONVENTIONS AND AGREEMENTS

Agreement with the Preparatory Commission for the Comprehensive Nuclear Test-Ban Treaty Organization

Accord avec la Commission préparatoire pour l’Organisation du Traité d’interdiction complète des essais nucléaires

Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons, and on their Destruction

Convention sur l’interdiction de la mise au point, de la fabrication, du stockage et de l’emploi des armes chimiques et sur leur destruction
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