Order respecting Privileges and Immunities in relation to the Preparatory Commission for the Comprehensive Nuclear Test-Ban Treaty Organization and its Provisional Technical Secretariat

SOR/99-409

FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT

Registration 1999-10-21

Order respecting Privileges and Immunities in relation to the Preparatory Commission for the Comprehensive Nuclear Test-Ban Treaty Organization and its Provisional Technical Secretariat

P.C. 1999-1850 1999-10-21

Her 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), (g) and (h) and subsection 5(2)Footnote a of the Foreign Missions and International Organizations ActFootnote b, hereby makes the annexed Order respecting Privileges and Immunities in relation to the Preparatory Commission for the Comprehensive Nuclear Test-Ban Treaty Organization and its Provisional Technical Secretariat.

Interpretation

 The definitions in this section apply in this Order.

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)

Preparatory Commission

Preparatory Commission means the Preparatory Commission for the Comprehensive Nuclear Test-Ban Treaty Organization. (Commission préparatoire)

Secretariat

Secretariat means the Provisional Technical Secretariat of the Preparatory Commission. (Secrétariat)

Legal Capacity

 The Preparatory Commission and the Secretariat each have, in Canada, the legal capacity of a body corporate.

Privileges and Immunities of the Preparatory Commission and Secretariat

General

 Subject to sections 4 to 8, the Preparatory Commission and the Secretariat each have, in Canada, the privileges and immunities set out in Articles II and III of the Convention.

Exceptions

 Acts and regulations that prohibit the import or export of certain articles, as well as the Quarantine Act and any regulations made under that Act, apply in relation to the property and assets of the Preparatory Commission or the Secretariat.

  •  (1) The equipment that the Preparatory Commission or the Secretariat proposes to bring into Canada shall be inspected at the border to verify that it has been authorized to enter Canada in accordance with a list pre-established with the Preparatory Commission.

  • (2) A member of the Preparatory Commission or the Secretariat may be present at the inspection.

  • (3) A member of the Preparatory Commission or the Secretariat shall designate any item of equipment that requires special handling or storage for safety purposes and shall, before the arrival of the equipment, inform the appropriate Canadian authorities of the designation.

  •  (1) Officials of the Government of Canada may enter any premises of the Preparatory Commission or the Secretariat only with the consent of the Executive Secretary of the Preparatory Commission or an official or expert responsible for the Inspection Team of the Secretariat.

  • (2) The consent referred to in subsection (1) is considered to have been given if there is a fire, or other emergency, requiring immediate intervention.

 Privileges and immunities do not apply in respect of any property that the Preparatory Commission or the Secretariat has abandoned for more than one year.

 Immunity from legal process does not apply in relation to a motor vehicle that is under the care and control of the Preparatory Commission or the Secretariat and that is involved in an accident that results in death, damages or personal injury to any person.

Privileges and Immunities of Officials

  •  (1) Subject to subsections (2) and (3), officials of the Preparatory Commission or the Secretariat shall have, in Canada, the privileges and immunities set out in paragraphs (a) to (c), (e) and (g) of Section 18 of Article V of the Convention, as well as the following privileges and immunities set out in that Section:

    • (a) immunity from immigration restrictions and alien registration; and

    • (b) the same repatriation facilities in time of international crisis as are accorded to diplomatic envoys.

  • (2) Subject to subsection (3), officials of the Preparatory Commission or the Secretariat who are Canadian citizens or permanent residents shall have, in Canada, the privileges and immunities set out in paragraphs (a), (c) and (e) of Section 18 of Article V of the Convention.

  • (3) Immunity from legal process does not apply in relation to a motor vehicle that is under the care or control of an official of the Preparatory Commission or the Secretariat and that is involved in an accident that results in death, damages or personal injury to any person.

Privileges and Immunities of Experts on Missions

  •  (1) Subject to subsections (2) to (4), experts performing missions for the Preparatory Commission or the Secretariat shall have, during their journey to and from the place of their missions in Canada, as well as during the period of their missions in Canada, the privileges and immunities set out in Article VI of the Convention.

  • (2) Subject to subsection (3), experts referred to in subsection (1) who are Canadian citizens or permanent residents shall have, in Canada, the privileges and immunities set out in paragraphs (b) and (c) of Section 22 of Article VI of the Convention.

  • (3) Immunity from legal process does not apply in relation to a motor vehicle that is under the care or control of an expert performing a mission for the Preparatory Commission or the Secretariat and that is involved in an accident that results in death, damages or personal injury to any person.

  • (4) Acts and regulations that prohibit the import or export of certain articles, and the Quarantine Act and any regulations made under that Act, apply in relation to the personal baggage of experts performing missions for the Preparatory Commission or the Secretariat.

Coming into Force

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

 
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