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Bill C-35

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SUMMARY

This enactment amends the Foreign Missions and International Organizations Act to modernize the privileges and immunities regime. This will allow Canada to comply with its existing commitments under international treaties and to respond to recent developments in international law. The enactment also corrects the deficiency in the existing statutory definition of ``international organization''. The enactment further provides that the Royal Canadian Mounted Police has the primary responsibility to ensure the security for the proper functioning of intergovernmental conferences. This clearer statutory authority supports security measures taken by Canadian police in fulfilling Canada's obligations to protect persons who have privileges and immunities under the Act.

EXPLANATORY NOTES

Foreign Missions and International Organizations Act

Clause 1: (1) The definition ``international organization'' in subsection 2(1) reads as follows:

``international organization'' means any intergovernmental organization of which two or more states are members;

(2) New.

Clause 2: New.

Clause 3: (1) to (4) Paragraphs 5(1)(b.1) and (h.1) are new. The relevant portion of subsection 5(1) reads as follows:

5. (1) Subject to subsection (2), the Governor in Council may, by order, provide that

    . . .

    (c) representatives of foreign states that are members of an international organization shall, to the extent specified in the order, have the privileges and immunities set out in Article IV of the Convention on the Privileges and Immunities of the United Nations;

    (d) representatives of foreign states that are members of an international organization headquartered in Canada, and members of their families forming part of their households, shall, to the extent specified in the order, have privileges and immunities comparable to the privileges and immunities accorded to diplomatic representatives, and members of their families forming part of their households, in Canada under the Vienna Convention on Diplomatic Relations;

    (e) members of the administrative and technical staff, and members of their families forming part of their households, and the service staff of the mission of a member state of an international organization headquartered in Canada, other than persons who are Canadian citizens or permanent residents of Canada, shall, to the extent specified in the order, have privileges and immunities comparable to the privileges and immunities accorded to such persons under the Vienna Convention on Diplomatic Relations;

    (f) such senior officials of an international organization as may be designated by the Governor in Council, and, in the case of an international organization headquartered in Canada, members of their families forming part of their households, shall, to the extent specified in the order, have privileges and immunities comparable to the privileges and immunities accorded to diplomatic agents, and members of their families forming part of their households, under the Vienna Convention on Diplomatic Relations;

(5) and (6) New.

Clause 4: Section 6 reads as follows:

6. (1) Where the Minister of Foreign Affairs is of the opinion that an office of a political subdivision of a foreign state performs, in Canada, duties that are substantially the same as the duties performed in Canada by a consular post as defined in Article 1 of the Vienna Convention on Consular Relations, the Minister of Foreign Affairs may, for the purpose of according to that office of the political subdivision of the foreign state, and persons connected therewith, treatment that is comparable to the treatment accorded to the office of a Canadian political subdivision that performs similar duties in that foreign state, and persons connected therewith, by order,

    (a) grant to the office of the political subdivision of the foreign state, and to any person connected therewith, any of the privileges and immunities accorded to consular posts under section 3;

    (b) extend any of the privileges and immunities granted under paragraph (a) to that office, and to any person connected therewith, other than duty and tax relief privileges;

    (c) grant to that office, and to any person connected therewith, any of the benefits set out in the regulations;

    (d) withdraw any of the privileges, immunities or benefits granted to that office, and to any person connected therewith, under this subsection; and

    (e) restore any privilege, immunity or benefit withdrawn pursuant to paragraph (d).

(2) Where the Governor in Council is of the opinion that an office of a political subdivision of a foreign state performs, in Canada, duties that are substantially the same as the duties performed in Canada by a consular post as defined in Article 1 of the Vienna Convention on Consular Relations, the Governor in Council, on the joint recommendation of the Minister of Foreign Affairs and the Minister of Finance, may, for the purpose of according to that office of the political subdivision of the foreign state, and persons connected therewith, duty and tax relief privileges that are comparable to the duty and tax relief privileges accorded to the office in the foreign state of a Canadian political subdivision, and persons connected therewith, by order,

    (a) extend any of the duty and tax relief privileges provided for in the Vienna Convention on Consular Relations that have been granted to that office of the political subdivision of the foreign state, and to any person connected therewith; and

    (b) grant to that office, and to any person connected therewith, any duty or tax relief privilege not provided for in the Vienna Convention on Consular Relations.

(3) For the purpose of according to the office in Canada of a political subdivision of a foreign state, and persons connected therewith, duty and tax relief privileges that are comparable to the duty and tax relief privileges accorded to the office in the foreign state of a Canadian political subdivision, and persons connected therewith, the Minister of Foreign Affairs may, by order,

    (a) withdraw any duty or tax relief privilege accorded under this section to that office, and to any person connected therewith; and

    (b) restore any duty or tax relief privilege withdrawn pursuant to paragraph (a).

(4) For the purpose of according to an office in Canada of a political subdivision of a foreign state treatment that is comparable to the treatment accorded to any office in that foreign state of a Canadian political subdivision, the Minister of Foreign Affairs may, by order, grant to that office of the political subdivision of the foreign state, and to the archives of that office, any of the immunities accorded to consular premises and consular archives by the Vienna Convention on Consular Relations.

Clause 5: New.

Clause 6: Section 11.1 and the heading before it are new. Section 11 reads as follows:

11. If in any action or proceeding a question arises as to whether

    (a) a diplomatic mission, a consular post or an office of a political subdivision of a foreign state has been established with the consent of the Government of Canada, or

    (b) any premises or archives are the premises or archives of an office of a political subdivision of a foreign state,

a certificate purporting to be issued by or under the authority of the Minister of Foreign Affairs and containing any statement of fact relevant to the question shall be received in evidence as proof of the fact so stated without proof of the signature or official character of the person appearing to have signed the certificate.

Clause 7: The heading before section 12 reads as follows:

Regulations

Clause 8: New.

Clause 9: New.

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