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

Act current to 2012-05-14 and last amended on 2012-03-13. Previous Versions

Marginal note:Maritime law

  • 7. (1) A foreign state is not immune from the jurisdiction of a court in any proceedings that relate to

    • (a) an action in rem against a ship owned or operated by the state, or

    • (b) an action in personam for enforcing a claim in connection with a ship owned or operated by the state,

    if, at the time the claim arose or the proceedings were commenced, the ship was being used or was intended for use in a commercial activity.

  • Marginal note:Cargo

    (2) A foreign state is not immune from the jurisdiction of a court in any proceedings that relate to

    • (a) an action in rem against any cargo owned by the state if, at the time the claim arose or the proceedings were commenced, the cargo and the ship carrying the cargo were being used or were intended for use in a commercial activity; or

    • (b) an action in personam for enforcing a claim in connection with any cargo owned by the state if, at the time the claim arose or the proceedings were commenced, the ship carrying the cargo was being used or was intended for use in a commercial activity.

  • Marginal note:Idem

    (3) For the purposes of subsections (1) and (2), a ship or cargo owned by a foreign state includes any ship or cargo in the possession or control of the state and any ship or cargo in which the state claims an interest.

  • 1980-81-82-83, c. 95, s. 7.
Marginal note:Property in Canada

8. A foreign state is not immune from the jurisdiction of a court in any proceedings that relate to an interest or, in the Province of Quebec, a right of the state in property that arises by way of succession, gift or bona vacantia.

  • R.S., 1985, c. S-18, s. 8;
  • 2004, c. 25, s. 172.
Previous Version

PROCEDURE AND RELIEF

Marginal note:Service on a foreign state

  • 9. (1) Service of an originating document on a foreign state, other than on an agency of the foreign state, may be made

    • (a) in any manner agreed on by the state;

    • (b) in accordance with any international Convention to which the state is a party; or

    • (c) in the manner provided in subsection (2).

  • Marginal note:Idem

    (2) For the purposes of paragraph (1)(c), anyone wishing to serve an originating document on a foreign state may deliver a copy of the document, in person or by registered mail, to the Deputy Minister of Foreign Affairs or a person designated by him for the purpose, who shall transmit it to the foreign state.

  • Marginal note:Service on an agency of a foreign state

    (3) Service of an originating document on an agency of a foreign state may be made

    • (a) in any manner agreed on by the agency;

    • (b) in accordance with any international Convention applicable to the agency; or

    • (c) in accordance with any applicable rules of court.

  • Marginal note:Idem

    (4) Where service on an agency of a foreign state cannot be made under subsection (3), a court may, by order, direct how service is to be made.

  • Marginal note:Date of service

    (5) Where service of an originating document is made in the manner provided in subsection (2), service of the document shall be deemed to have been made on the day that the Deputy Minister of Foreign Affairs or a person designated by him pursuant to subsection (2) certifies to the relevant court that the copy of the document has been transmitted to the foreign state.

  • R.S., 1985, c. S-18, s. 9;
  • 1995, c. 5, s. 27.