Vol. 151, No. 9 — May 3, 2017
SOR/2017-73 April 24, 2017
VISITING FORCES ACT
Proclamation Designating the Republic of Montenegro as a Designated State for the Purposes of the Act
Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.
Deputy Attorney General
TO ALL TO WHOM these presents shall come or whom the same may in any way concern,
Whereas section 4 of the Visiting Forces Act, chapter V-2 of the Revised Statutes of Canada, 1985, provides that the Governor in Council may, by proclamation, designate any country as a designated state for the purposes of that Act, declare the extent to which that Act is applicable in respect of any designated state and designate civilian personnel as a civilian component of a visiting force;
Now Know You that We, by and with the advice of Our Privy Council for Canada, pursuant to Order in Council P.C. 2017-260 of March 24, 2017, do by this Our Proclamation
- (a) designate the Republic of Montenegro as a designated state for the purposes of the Visiting Forces Act;
- (b) declare that the Visiting Forces Act, with the exception of Part VI, is applicable in respect of the Republic of Montenegro; and
- (c) designate, as a civilian component of a visiting force from the Republic of Montenegro, the civilian personnel in the employ of that force in Canada who are not stateless persons, nationals of any state that is not a designated state or citizens or residents of Canada.
Of all which Our Loving Subjects and all others whom these presents may concern are required to take notice and to govern themselves accordingly.
IN TESTIMONY WHEREOF, We have caused this Our Proclamation to be published and the Great Seal of Canada to be affixed to it.
Our Right Trusty and Well-beloved David Johnston, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
AT OUR GOVERNMENT HOUSE, in Our City of Ottawa, this eleventh day of April in the year of Our Lord two thousand and seventeen and in the sixty-sixth year of Our Reign.
Deputy Registrar General of Canada
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Proclamation.)
In order to welcome the Republic of Montenegro (“Montenegro” hereafter) as a North Atlantic Treaty Organization (NATO) ally at the spring 2017 NATO Summit in Brussels, Belgium, Canada must complete national ratification processes in advance of the Summit. Ratification cannot proceed without designating Montenegro under the Visiting Forces Act (VFA), in order to comply with the provisions of the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces (NATO SOFA).
At the May 2016 meetings of NATO Ministers of Foreign Affairs in Brussels, Canada and its fellow NATO allies signed the Protocol of Accession of the Republic of Montenegro. The Protocol of Accession to NATO of the Republic of Montenegro will enter into effect once all 28 NATO member states have ratified the Protocol and Montenegro has completed its national ratification processes.
In order to enable the ratification of the Protocol on Montenegro’s accession to NATO, it is required that Canadian legislation be compliant with the NATO SOFA. Therefore, it is essential to designate Montenegro under the VFA prior to the ratification taking place. Under the VFA, the designation is done by proclamation of the Governor in Council.
The VFA establishes the legal status of visiting military personnel from designated states, together with specified civilian components of those forces. The VFA governs such matters as the disciplinary jurisdiction of the visiting forces, claims for personal injuries and property damage, security of information and taxation. The VFA, with the exception of Part VI (Attachments to and from the Canadian Forces), will apply with respect to members of Montenegro’s visiting forces.
The “One-for-One” Rule does not apply, as there is no new administrative burden as a result of the Proclamation.
Small business lens
The small business lens does not apply, as there are no impacts on small businesses.
Consultations were held between federal departments (Department of National Defence and Global Affairs Canada) and representatives for NATO. Consultations were supportive of Montenegro’s accession to NATO.
In order to enable the ratification of the Protocol on Montenegro’s accession to NATO, it is required that Canadian legislation be compliant with the NATO SOFA. An order in council is therefore required to direct that a proclamation designate Montenegro for the purposes of the VFA, which establishes the legal status of visiting members and civilian components of the force of the designated state while in Canada.
The ratification of the Protocol builds on the Government of Canada’s decision to sign the Protocol at the May 2016 meetings of NATO Ministers of Foreign Affairs. Additionally, the ratification demonstrates Canada’s strong commitment to NATO, a priority in the Minister of National Defence mandate letter. The extension of NATO membership has historically contributed to greater stability and improved governance in Europe.
Implementation, enforcement and service standards
The Proclamation will ensure that Canada has met its domestic responsibilities to allow for the ratification of Montenegro’s accession to NATO to proceed at the spring 2017 NATO Summit in Brussels.
Acting Team Leader
Director Corporate Submissions and Financial Arrangements