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

Marginal note:Immunity waived

• 4 (1) A foreign state is not immune from the jurisdiction of a court if the state waives the immunity conferred by subsection 3(1) by submitting to the jurisdiction of the court in accordance with subsection (2) or (4).

• Marginal note:State submits to jurisdiction

  (2) In any proceedings before a court, a foreign state submits to the jurisdiction of the court where it

  • (a) explicitly submits to the jurisdiction of the court by written agreement or otherwise either before or after the proceedings commence;

  • (b) initiates the proceedings in the court; or

  • (c) intervenes or takes any step in the proceedings before the court.

• Marginal note:Exception

  (3) Paragraph (2)(c) does not apply to

  • (a) any intervention or step taken by a foreign state in proceedings before a court for the purpose of claiming immunity from the jurisdiction of the court; or

  • (b) any step taken by a foreign state in ignorance of facts entitling it to immunity if those facts could not reasonably have been ascertained before the step was taken and immunity is claimed as soon as reasonably practicable after they are ascertained.

• Marginal note:Third party proceedings and counter-claims

  (4) A foreign state that initiates proceedings in a court or that intervenes or takes any step in proceedings before a court, other than an intervention or step to which paragraph (2)(c) does not apply, submits to the jurisdiction of the court in respect of any third party proceedings that arise, or counter-claim that arises, out of the subject-matter of the proceedings initiated by the state or in which the state has so intervened or taken a step.

• Marginal note:Appeal and review

  (5) Where, in any proceedings before a court, a foreign state submits to the jurisdiction of the court in accordance with subsection (2) or (4), that submission is deemed to be a submission by the state to the jurisdiction of such one or more courts by which those proceedings may, in whole or in part, subsequently be considered on appeal or in the exercise of supervisory jurisdiction.