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Commission for Environmental Cooperation Privileges and Immunities in Canada Order (SOR/97-450)

Regulations are current to 2022-07-25 and last amended on 2020-12-16. Previous Versions

Commission for Environmental Cooperation Privileges and Immunities in Canada Order

SOR/97-450

FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT

Registration 1997-09-23

Commission for Environmental Cooperation Privileges and Immunities in Canada Order

P.C. 1997-1346 1997-09-23

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), (d) and (f) to (h) and subsections 5(2)Footnote a and (3) of the Foreign Missions and International Organizations ActFootnote b, hereby makes the annexed Commission for Environmental Cooperation Privileges and Immunities in Canada Order.

Interpretation

 The definitions in this section apply in this Order.

Act

Act means the Foreign Missions and International Organizations Act. (Loi)

Agreement

Agreement means the Headquarters Agreement between the Government of Canada and the Commission that was signed by Canada at Gatineau on October 5, 2020 and by the Commission at Ottawa on October 5, 2020. (Accord)

Commission

Commission means the Commission for Environmental Cooperation that was established by Canada, the United States and the United Mexican States on January 1, 1994 and is continued under the Agreement on Environmental Cooperation among the Governments of Canada, the United States of America, and the United Mexican States, that was signed by Canada at Ottawa on December 18, 2018 and that came into force on July 1, 2020. (Commission)

Convention

Convention means the Convention on the Privileges and Immunities of the United Nations set out in Schedule III to the Act. (Convention)

Secretariat

Secretariat means the Secretariat of the Commission. (Secrétariat)

Vienna Convention

Vienna Convention means the Vienna Convention on Diplomatic Relations set out in Schedule I to the Act. (Convention de Vienne)

Privileges and Immunities

  •  (1) The Commission shall have in Canada the legal capacities of a body corporate and, to the extent specified in Articles 3 to 7 of the Agreement, the privileges and immunities set out in Articles II and III of the Convention.

  • (2) Representatives of foreign states who are members of the Council of the Commission shall have in Canada, to the extent specified in Article 8 and paragraph 1 of Article 13 of the Agreement, the privileges and immunities comparable to those accorded to diplomatic representatives in Canada under the Vienna Convention.

  • (3) The Executive Director and the Directors of the Secretariat, and members of their families forming part of their households, shall have in Canada, to the extent specified in Article 9 and paragraph 2 of Article 13 of the Agreement, privileges and immunities comparable to those accorded in Canada under the Vienna Convention to diplomatic agents and members of their families forming part of their households.

  • (4) Other officials of the Secretariat shall have in Canada, to the extent specified in Article 10 and paragraph 2 of Article 13 of the Agreement, the following privileges and immunities set out in Section 18 of Article V of the Convention:

    • (a) immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity;

    • (b) exemption from taxation on the salaries and emoluments paid to them by the Commission;

    • (c) immunity from national service obligations;

    • (d) together with their spouses and relatives dependent on them, immunity from immigration restrictions and alien registration;

    • (e) the same privileges in respect of exchange facilities as are accorded to the officials of comparable ranks forming part of diplomatic missions; and

    • (f) the right to import free of duty their furniture and effects at the time of first taking up their post in Canada.

  • (5) Experts performing missions for the Commission shall have in Canada, to the extent specified in Article 11 and paragraph 3 of Article 13 of the Agreement, the following privileges and immunities set out in Article VI of the Convention:

    • (a) immunity from personal arrest or detention and from seizure of their personal baggage;

    • (b) in respect of words spoken or written and acts done by them in the course of the performance of their mission, immunity from legal process of every kind, which immunity shall continue to be accorded notwithstanding that the persons concerned are no longer employed on missions for the Commission;

    • (c) inviolability for all papers and documents; and

    • (d) the same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys.

Coming into Force

 This Order comes into force on September 23, 1997.

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