Organization of American States Privileges and Immunities in Canada Order (SOR/99-350)

Interpretation

1 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)

Organization

Organization means the Organization of American States. (Organisation)

Privileges and Immunities

• 2 (1) The Organization shall have the legal capacities of a body corporate and the privileges and immunities set out in Articles II and III of the Convention.

• (2) Representatives of foreign states that are members of the Organization shall have, during their journey to and from the place of a meeting of the Organization in Canada, as well as in Canada,

  • (a) the following privileges and immunities set out in Section 11 of Article IV of the Convention, namely,

    • (i) immunity from personal arrest or detention and from seizure of their personal baggage, and, in respect of words spoken or written and all acts done by them in their capacity as representatives, immunity from legal process of every kind,

    • (ii) inviolability for all papers and documents,

    • (iii) the right to use codes and to receive papers or correspondence by courier or in sealed bags,

    • (iv) exemption from immigration restrictions, alien registration and national service obligations in Canada when visiting or passing through Canada in the exercise of their functions,

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

    • (vi) such other privileges, immunities and facilities not inconsistent with the foregoing as diplomatic envoys enjoy, except that they shall have no right to claim exemption from customs duties on goods imported (otherwise than as part of their personal baggage) or from excise duties or sales taxes; and

  • (b) the privileges and immunities set out in Sections 12, 13 and 14 of Article IV of the Convention subject to Sections 15 and 16 of that Article.

• (3) Officials of the Organization who are not Canadian citizens or permanent residents shall have 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 Organization;

  • (c) immunity from national service obligations;

  • (d) 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 to the Government of Canada;

  • (f) the same repatriation facilities in time of international crisis as diplomatic envoys; and

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

• (4) Officials of the Organization, who are Canadian citizens or permanent residents, shall have 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; and

  • (b) the same privileges in respect of exchange facilities as are accorded to the officials of comparable ranks forming part of diplomatic missions to the Government of Canada.

• (5) Experts who are not Canadian citizens or permanent residents and who are performing missions for the Organization shall have, during their journey to and from the place of their mission in Canada, as well as in Canada, the privileges and immunities set out in Article VI of the Convention.

• (6) Experts who are Canadian citizens or permanent residents and who are performing missions for the Organization shall have, during their journey to and from the place of their mission in Canada, as well as in Canada, the following privileges and immunities set out in Section 22 of Article VI of the Convention, subject to the restrictions set out in Section 23 of that Article:

  • (a) 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 Organization; and

  • (b) inviolability for all papers and documents.

Coming into Force

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