Commonwealth of Learning, an Agency, Privileges and Immunities Order, 1988 (SOR/88-575)

Short Title

1 This Order may be cited as the Commonwealth of Learning, an Agency, Privileges and Immunities Order, 1988.

Interpretation

2 In this Order,

Agency

Agency means the Commonwealth of Learning; (Agence)

Agency Members

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

Agreement

Agreement means the Agreement between the Agency and the Government of Canada with respect to the headquarters of the Agency; (Accord)

Convention

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

representatives

representatives means representatives of states and governments that are members of the Agency. (représentants)

Privileges and Immunities Granted to the Agency

3 The Agency shall have the legal capacities of a body corporate.

4 Notwithstanding any other section of this Order, the Agency shall have in Canada the privileges and immunities set forth in Articles II and III of the Convention, to the extent that those privileges and immunities are contained in the Agreement.

Privileges and Immunities Granted to Representatives

• 5 (1) Representatives shall have in Canada the privileges and immunities set forth in Article IV of the Convention.

• (2) The immunity from legal process in respect of words spoken or written and all other 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 upon residence, periods during which representatives are present in Canada for the discharge of their duties shall not be considered as periods of residence.

Privileges and Immunities Granted to Officials

6 The President, the Vice-President and all Assistant Vice-Presidents of the Agency shall have in Canada the privileges and immunities set forth in Article V of the Convention to the extent that these are set forth in the Agreement, as applicable to senior officials of the Agency and, without restricting any other privileges or immunities accorded under this section, the President and Vice-President of the Agency 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.

7 Officials of the Agency shall have in Canada the privileges and immunities set forth in Article V of the Convention to the extent that theses are set forth in the Agreement.

Privileges and Immunities Granted to Experts

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