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Organisation internationale de la Francophonie and the Institut de l’énergie et de l’environnement de la Francophonie Privileges and Immunities Order

SOR/88-574

FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT

Registration 1988-11-01

Organisation internationale de la Francophonie and the Institut de l’énergie et de l’environnement de la Francophonie Privileges and Immunities Order

P.C. 1988-2472 1988-10-31

Her Excellency the Governor General in Council, on the recommendation of the Secretary of State for External Affairs, pursuant to section 3Footnote * of the Privileges and Immunities (International Organizations) Act, is pleased hereby to make the annexed Order respecting the privileges and immunities in Canada of the Cultural and Technical Cooperation Agency and the Energy Institute of Countries Using French as a Common Language.

 [Repealed, SOR/99-347, s. 2]

Interpretation

 In this Order,

Agency

Agency means the Organisation internationale de la Francophonie as described in Article 9 of the Charte de la Francophonie, adopted by the Ministerial Conference of La Francophonie at Antananarivo, Madagascar on November 23, 2005; (Agence)

Agreement

Agreement means the Agreement between the Government of Canada and the Agency for Cultural and Technical Cooperation signed in 1988 and its 1997 amendment; (Accord)

Convention

Convention means the Convention on the Privileges and Immunities of the United Nations; (Convention)

Institute

Institute means the Institut de l’énergie et de l’environnement de la Francophonie; (Institut)

Institute Members

Institute Members means the states that are members of the Agency; (membres de l’Institut)

representatives

representatives means representatives of Institute Members. (représentant)

  • SOR/99-347, s. 3
  • SOR/2006-79, s. 2

Privileges and Immunities Granted to the Agency and the Institute

 The Agency and the Institute shall have the legal capacities of bodies corporate.

  •  (1) The Agency shall have in Canada the privileges and immunities set out in Articles II and III of the Convention, subject to the right of the relevant local authorities to enter the Agency’s premises in the event of a fire.

  • (2) The Institute shall have in Canada the privileges and immunities set out in Articles II and III of the Convention, to the extent that those privileges and immunities are contained in the Agreement.

  • SOR/99-347, s. 4

Privileges and Immunities Granted to Representatives

  •  (1) Representatives shall have, during their journey to and from the place of a meeting of the Agency or Institute in Canada, as well as in Canada, the privileges and immunities set out in Article IV of the Convention.

  • (2) The immunity from legal process in respect of words spoken or written and all acts done by representatives in discharging their duties shall continue to be accorded, notwithstanding that the persons concerned are no longer representatives, to the extent that this immunity is specified in paragraph III(1)(a) of the Agreement.

  • (3) Where the incidence of any form of taxation depends on residence, periods during which representatives are present in Canada for the discharge of their duties shall not be considered as periods of residence.

  • SOR/99-347, s. 5

Privileges and Immunities Granted to Officials

 The officials of the Agency and the Institute shall have in Canada the privileges and immunities set forth in Article V of the Convention and, without restricting any other privileges or immunities accorded under this section, the Secretary-General of the Agency and the Executive Director of the Institute shall be accorded in respect of themselves, their spouses and minor children, the privileges and immunities, exemptions and facilities accorded to diplomatic envoys in accordance with international law.

Privileges and Immunities Granted to Experts

 Experts performing missions for the Agency or the Institute shall have in Canada, to such extent as may be required for the exercise of their functions in Canada in relation to the Agency or the Institute, the privileges and immunities set forth in Article VI of the Convention.

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