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

Act current to 2014-10-15 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    • (e) restore any privilege, immunity or benefit withdrawn under paragraph (d).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.