State Immunity Act (R.S.C., 1985, c. S-18)

Act current to 2015-11-16 and last amended on 2012-03-13. Previous Versions

State Immunity Act

R.S.C., 1985, c. S-18

An Act to provide for state immunity in Canadian courts


Marginal note:Short title

 This Act may be cited as the State Immunity Act.

  • 1980-81-82-83, c. 95, s. 1.


Marginal note:Definitions

 In this Act,

“agency of a foreign state”

« organisme d’un État étranger »

“agency of a foreign state” means any legal entity that is an organ of the foreign state but that is separate from the foreign state;

“commercial activity”

« activité commerciale »

“commercial activity” means any particular transaction, act or conduct or any regular course of conduct that by reason of its nature is of a commercial character;

“foreign state”

« État étranger »

“foreign state” includes

  • (a) any sovereign or other head of the foreign state or of any political subdivision of the foreign state while acting as such in a public capacity,

  • (b) any government of the foreign state or of any political subdivision of the foreign state, including any of its departments, and any agency of the foreign state, and

  • (c) any political subdivision of the foreign state;

“political subdivision”

« subdivision politique »

“political subdivision” means a province, state or other like political subdivision of a foreign state that is a federal state.

“terrorist activity”

« activité terroriste »

“terrorist activity” in respect of a foreign state has the same meaning as in subsection 83.01(1) of the Criminal Code, provided that a foreign state set out on the list referred to in subsection 6.1(2) does the act or omission on or after January 1, 1985.

  • R.S., 1985, c. S-18, s. 2;
  • 2012, c. 1, s. 3.1.
Marginal note:Meaning of supports terrorism

 For the purposes of this Act, a foreign state supports terrorism if it commits, for the benefit of or otherwise in relation to a listed entity as defined in subsection 83.01(1) of the Criminal Code, an act or omission that is, or had it been committed in Canada would be, punishable under any of sections 83.02 to 83.04 and 83.18 to 83.23 of the Criminal Code.

  • 2012, c. 1, s. 4.