Vol. 148, No. 12 — June 4, 2014

Registration

SOR/2014-128 May 21, 2014

FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT

2014 Summit on Maternal, Newborn and Child Health — Privileges and Immunities Order

P.C. 2014-607 May 21, 2014

His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to paragraph 5(1)(c) (see footnote a) of the Foreign Missions and International Organizations Act (see footnote b), makes the annexed 2014 Summit on Maternal, Newborn and Child Health — Privileges and Immunities Order.

2014 SUMMIT ON MATERNAL, NEWBORN AND CHILD HEALTH — PRIVILEGES AND IMMUNITIES ORDER

INTERPRETATION

1. In this Order, “Meeting” means the Summit on Maternal, Newborn and Child Health, entitled “Saving Every Woman, Every Child”, to be held in Toronto, Ontario from May 28 to 30, 2014.

PRIVILEGES AND IMMUNITIES

2. For the period beginning on May 28, 2014 and ending on May 30, 2014, representatives of foreign states that participate in the Meeting are to have in Canada, to the extent required for the exercise of their functions in Canada in relation to the Meeting, the privileges and immunities set out in sections 11(b) and (e) and sections 14 to 16 of Article IV of the Convention on the Privileges and Immunities of the United Nations set out in Schedule III to the Foreign Missions and International Organizations Act.

COMING INTO FORCE

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

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Background

Maternal, newborn and child health is Canada’s top development priority. Following the Muskoka Initiative announced by the Prime Minister at the G8 Summit in June 2010, and subsequent global action, maternal mortality rates are declining and millions more children are celebrating their fifth birthday.

Building on this Canadian leadership, the Prime Minister is hosting a high-level Summit on Maternal, Newborn and Child Health entitled “Saving Every Woman, Every Child” from May 28 to 30, 2014, in Toronto. This Summit is a major intergovernmental conference which will bring together several dozen heads of state, heads of government, and ministers of Foreign Affairs, Development and Health. It will also include the Secretary-General of the United Nations and high-level (head of agency) participants from international organizations like the WHO, UNICEF and the United Nations Population Fund (UNFPA). There will also be numerous representatives of non-governmental organizations.

Issues

The 2014 Summit on Maternal, Newborn and Child Health — Privileges and Immunities Order (the Order), made pursuant to the Foreign Missions and International Organizations Act, will grant limited privileges and immunities to foreign state representatives attending the Summit. In so doing, it will grant the Royal Canadian Mounted Police (RCMP) primary responsibility for ensuring the security for the proper functioning of the Summit.

Objectives

Description

The provisions of the Order grant to foreign state representatives not otherwise protected under customary international law the privileges and immunities set out in sections 11(b) and (e) and in sections 14 to 16 of Article IV of the Convention on the Privileges and Immunities of the United Nations to the extent required for the exercise of their functions: inviolability of their papers and documents and facilities in respect of currency or exchange restrictions. Under the provisions of the Foreign Missions and International Organizations Act, the Order will also grant the RCMP the primary responsibility for ensuring the security of the Summit.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply to this proposal, as there are no costs imposed on small business and small businesses would not be disproportionately affected.

Consultation

Consultations were carried out between the Department of Foreign Affairs, Trade and development (DFATD), the Department of Citizenship and Immigration (CIC), the Canada Border Services Agency (CBSA), the Department of Public Safety and the RCMP. All consulted departments agreed with the proposed submission.

Rationale

The Order in Council grants very limited privileges to foreign state representatives for the duration of the May 28–30, 2014, Summit on Maternal, Newborn and Child Health in Toronto. Providing these privileges and immunities is not required under any international instrument, but is justified by the need to enable the RCMP to have primary responsibility for ensuring the security for the proper functioning of the Summit, considering the high number of internationally protected persons (heads of state, heads of government, foreign ministers) present at the Summit.

The privileges and immunities that the foreign state representatives enjoy pursuant to this Order contain no exemptions from Canadian taxation requirements, no exemptions from Canadian immigration requirements and no immunity from the civil or criminal jurisdiction of Canada. The relative impact of these privileges and immunities is negligible.

Implementation, enforcement and service standards

N/A

Contact

Masud Husain
Director
Criminal, Security and Diplomatic Law Division
Department of Foreign Affairs, Trade and Development
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 343-203-2534
Email: masud.husain@international.gc.ca