International Cospas-Sarsat Programme Privileges and Immunities Order

SOR/2005-112

FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT

Registration 2005-04-19

International Cospas-Sarsat Programme Privileges and Immunities Order

P.C. 2005-638 2005-04-19

Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs and the Minister of Finance, pursuant to section 5Footnote a of the Foreign Missions and International Organizations ActFootnote b, hereby makes the annexed International Cospas-Sarsat Programme Privileges and Immunities Order.

Interpretation

 The following definitions apply in this Order.

Arrangement

Arrangement means the Arrangement agreed on by Canada, the Republic of France, the Russian Federation and the United States of America Regarding the Headquarters of the International Cospas-Sarsat Programme, set out in the schedule. (Arrangement)

Convention

Convention means the Convention on the Privileges and Immunities of the United Nations set out in Schedule III to the Foreign Missions and International Organizations Act. (Convention)

expert

expert means an individual, who is neither a representative of Member States nor an official, who is performing missions for the Organization, including an expert from a state or an organization officially associated with the Organization who is attending official meetings or conferences of the Organization. (expert)

official

official means the Head of Secretariat or any other individual who is employed full-time by the Organization. (fonctionnaire)

Organization

Organization means the international organization known as the International Cospas-Sarsat Programme, comprised of the Council and the Secretariat established under the Cospas-Sarsat Programme Agreement. (Organisation)

Programme Agreement

Programme Agreement means the International Cospas-Sarsat Programme Agreement signed on July 1, 1988 and which entered into force on August 30, 1988, between Canada, the Republic of France, the former USSR and the United States of America, the Russian Federation subsequently assuming the former USSR responsibilities under the Programme Agreement. (Accord relatif au Programme)

representative of a Member State

representative of a Member State means the representative of a state that is a party to the Programme Agreement. (représentant d'un État membre)

Privileges and Immunities

  •  (1) The Organization shall have in Canada the legal capacities of a body corporate and, to the extent specified in paragraphs 3 to 9 of the Arrangement, the privileges and immunities set out in Articles II and III of the Convention.

  • (2) Representatives of Member States shall have in Canada, to the extent specified in paragraphs 10 and 11 of the Arrangement, the privileges and immunities set out in Article IV of the Convention.

  • (3) Officials shall have in Canada, to the extent specified in paragraph 13 of the Arrangement, the privileges and immunities set out in Section 18 of Article V of the Convention.

  • (4) In addition to the privileges and immunities provided to officials under subsection (3), the Head of Secretariat of the Organization and the members of his or her family forming part of his or her household shall have in Canada, to the extent specified in paragraph 14 of the Arrangement, the privileges and immunities provided to diplomatic agents under the Vienna Convention on Diplomatic Relations set out in Schedule II to the Foreign Missions and International Organizations Act.

  • (5) Experts shall have in Canada, to the extent specified in paragraph 16 of the Arrangement, the privileges and immunities set out in Section 22 of Article VI of the Convention.

 The privileges and immunities referred to in section 2 do not apply to Canadian citizens and permanent residents of Canada in respect of liability for taxes or duties imposed by any law in Canada.

 This Order does not limit the right of Canadian authorities to refuse entry into Canada for reasons of national security to any individual referred to in the Arrangement.

Coming into Force

 This Order comes into force on the day on which it is registered.

 
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