Privileges and Immunities of the Secretariat of the Convention on Biological Diversity Order

SOR/97-501

FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT

Registration 1997-11-20

Privileges and Immunities of the Secretariat of the Convention on Biological Diversity Order

P.C. 1997-1665 1997-11-20

His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs and the Minister of Finance, pursuant to paragraphs 5(1)(a), (b), (c), (f), (g), (h) and subsections 5(2)Footnote a and (3) of the Foreign Missions and International Organizations ActFootnote b, hereby makes the annexed Privileges and Immunities of the Secretariat of the Convention on Biological Diversity Order.

INTERPRETATION

 The definitions in this section apply in this Order.

“Agreement”

“Agreement” means the Headquarters Agreement between the Government of Canada and the Secretariat of the Convention on Biological Diversity, signed at New York, New York, and in force since October 25, 1996. (Accord)

“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)

“Secretariat”

“Secretariat” means the Secretariat established by Article 24 of the Convention on Biological Diversity, done at Rio de Janeiro on June 5, 1992 and entered into force on December 29, 1993. (Secrétariat)

PRIVILEGES AND IMMUNITIES

  •  (1) The Secretariat shall have in Canada the legal capacities of a body corporate and, to the extent specified in Articles 3 to 6 of the Agreement, the privileges and immunities set out in Articles II and III of the Convention.

  • (2) Representatives of foreign states that are Parties to the Convention on Biological Diversity shall have in Canada, to the extent specified in Article 10 of the Agreement, the privileges and immunities set out in Article IV of the Convention.

  • (3) The Executive Secretary of the Secretariat shall have in Canada, to the extent specified in paragraph 2 of Article 11 of the Agreement, the privileges and immunities provided to diplomatic agents under the Vienna Convention on Diplomatic Relations, set out in Schedule I to the Foreign Missions and International Organizations Act.

  • (4) Officials of the Secretariat shall have in Canada, to the extent specified in Article 11 of the Agreement, the privileges and immunities set out in Section 18 of Article V of the Convention.

  • (5) Experts performing missions for the Secretariat shall have in Canada, to the extent specified in Article 12 of the Agreement, the privileges and immunities set out in Article VI of the Convention.

  • SOR/2005-208, s. 1.

COMING INTO FORCE

 This Order comes into force on November 20, 1997.