Foreign Missions and International Organizations Act (S.C. 1991, c. 41)

Act current to 2017-10-13 and last amended on 2005-04-04. Previous Versions

PART IIIPolitical Subdivisions of Foreign States

Marginal note:Privileges, immunities and benefits
  •  (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    • (e) restore any privilege, immunity or benefit withdrawn under paragraph (d).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.

  • 1991, c. 41, s. 6;
  • 1995, c. 5, s. 25;
  • 2002, c. 12, s. 4.

PART IVGeneral

Offences

Marginal note:Premises

 Everyone who represents any premises in Canada as a diplomatic mission or a consular post, or as an office of a political subdivision of a foreign state, where those premises do not constitute

  • (a) a diplomatic mission established in accordance with Article 2 of the Vienna Convention on Diplomatic Relations,

  • (b) a consular post established in accordance with paragraph 1 of Article 4 of the Vienna Convention on Consular Relations, or

  • (c) an office of a political subdivision of a foreign state,

as the case may be, commits an offence.

Marginal note:Punishment

 Everyone who commits an offence under section 7

  • (a) is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding six months, or to both; or

  • (b) is guilty of an indictable offence and is liable to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding five years, or to both.

Marginal note:Consent of Attorney General of Canada required

 Proceedings in respect of an offence under section 7 may not be instituted without the consent of the Attorney General of Canada.

Marginal note:Forfeiture on conviction
  •  (1) Where a person has been convicted of an offence under section 7, the court may, in addition to any other punishment imposed, order that any thing or document by means of or in relation to which the offence was committed that was seized in connection with proceedings instituted with respect to that offence be forfeited to Her Majesty in right of Canada.

  • Marginal note:Disposal of forfeited items

    (2) Any thing or document forfeited under subsection (1) may be disposed of in such manner as the Minister of Foreign Affairs may direct.

  • 1991, c. 41, s. 10;
  • 1995, c. 5, s. 25.

Security of Intergovernmental Conferences

Marginal note:Role of RCMP
  •  (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 Minister of Public Safety and Emergency Preparedness 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.

  • 2002, c. 12, s. 5;
  • 2005, c. 10, s. 34.

Certificate

Marginal note:Certificate of Minister of Foreign Affairs

 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.

  • 1991, c. 41, s. 11;
  • 1995, c. 5, s. 25;
  • 2002, c. 12, s. 6.

Importation of Alcohol

Marginal note:Importation of alcohol

 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.

  • 2002, c. 12, s. 6.
 
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