Vol. 151, No. 18 — September 6, 2017

Registration

SOR/2017-162 August 15, 2017

FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT

United Nations Peacekeeping Defence Ministerial Conference (Vancouver 2017) — Privileges and Immunities Order

P.C. 2017-1062 August 14, 2017

His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to section 5 (see footnote a) of the Foreign Missions and International Organizations Act (see footnote b), makes the annexed United Nations Peacekeeping Defence Ministerial Conference (Vancouver 2017) — Privileges and Immunities Order.

United Nations Peacekeeping Defence Ministerial Conference (Vancouver 2017) — Privileges and Immunities Order

Interpretation

1 The following definitions apply in this Order.

Conference means the intergovernmental conference known as the United Nations Peacekeeping Defence Ministerial Conference, to be held in Vancouver, British Columbia on November 14 and 15, 2017. (Conférence)

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)

official delegate means any person designated by a foreign state, foreign government or international organization who are invited to attend the Conference. (délégué officiel)

relevant period means the period beginning on November 12, 2017 and ending on November 17, 2017. (période visée)

Privileges and Immunities

Ministers of Defence

2 (1) During the relevant period, the official delegates of a foreign state or a foreign government, including Ministers of Defence and their representatives, and Chiefs of Defence Staff and their representatives, shall have in Canada to the extent required for the exercise of their functions in Canada in relation to the Conference, the privileges and immunities set out in Sections 11, 12, 14, and 15 of Article IV of the Convention.

Heads, senior officials and other officials of international organizations

(2) During the relevant period, the official delegates of international organizations shall have in Canada to the extent required for the exercise of their functions in Canada in relation to the Conference, the following privileges and immunities:

Experts

(3) During the relevant period, experts who are performing missions for international organizations shall have in Canada to the extent required for the exercise of their functions in Canada in relation to the Conference, the privileges and immunities set out in Article VI of the Convention.

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.)

Issues

Canada’s Minister of National Defence announced on May 24, 2017, that the 2017 United Nations Peacekeeping Defence Ministerial Conference (the “Ministerial”) would be held on November 14 and 15, 2017, in Vancouver, British Columbia.

The United Nations Peacekeeping Defence Ministerial Conference (Vancouver 2017) — Privileges and Immunities Order (the “Order”), made pursuant to subsection 5(1) of the Foreign Missions and International Organizations Act (FMIOA), provides privileges and immunities to

Privileges and immunities are necessary in order to facilitate the participation of these individuals in the Ministerial and, in some cases, their entry into Canada.

Certain other participants will be covered by existing privileges and immunities orders, including the Privileges and Immunities Accession Order (United Nations).

Background

Annual high-level discussions on United Nations (UN) peacekeeping have become an important part of the international community’s effort to support UN peacekeeping operations. The Ministerial in Vancouver will build on the successes of two previous conferences held in 2014 and 2015 on the margins of the UN General Assembly in New York and a similar ministerial conference in London during 2016.

The event will take stock of the effectiveness of pledges made during previous conferences in increasing the UN’s capacity to rapidly respond to developing crisis, and continue to elicit new pledges from Member States to close key capability gaps for UN peacekeeping operations. It will also seek to advance peacekeeping reform through the efforts of Member States and the UN to improve the UN’s capacity to deliver better planning and performance of peacekeeping operations. The event will aim to foster pragmatic and innovative solutions to make peacekeeping operations more effective, by building on the “3Ps” (pledges, planning, performance) with an added emphasis on partnerships.

Objectives

The Order grants privileges and immunities to Ministers of Defence and other representatives of foreign States and foreign governments who are official delegates to the Ministerial, heads of international organizations and other official delegates of international organizations, and experts on mission for international organizations who will be attending.

Description

The Order grants

While there are others, the most salient privileges and immunities granted under the Order are (a) an exemption from immigration restrictions for representative of foreign States and foreign governments and for senior officials of international organizations; and (b) immunity from legal process for words spoken or written and acts performed by them in their capacity as representatives (for representatives States), in their official capacity (for officials), and in the performance of their mission (for experts on mission). Individuals who enjoy immunity from legal process by virtue of privileges and immunities in Canada are still subject to legal process in their countries of origin. All privileges and immunities granted pursuant to this Order are granted only for the period beginning on November 12 and ending on November 17, 2017, and only to the extent required for the exercise of these individuals’ functions in relation to the Ministerial.

“One-for-One” Rule

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

Small business lens

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

Consultation

Consultations were carried out between Global Affairs Canada, the Department of National Defence, Immigration, Refugees and Citizenship Canada (IRCC), the Canada Border Services Agency (CBSA), and the Royal Canadian Mounted Police (RCMP). All consulted departments agreed with the proposed submission.

Rationale

The Order grants privileges and immunities to representatives of foreign States and foreign governments, officials of international organizations, and experts performing missions for international organizations who are official delegates to the Ministerial for the duration of the Ministerial, as well as for several days before and after the Ministerial in order to enable them to attend and partake fully in the meeting.

The privileges and immunities granted pursuant to this Order contain no exemptions from Canadian taxation requirements, but they do contain exemptions from Canadian immigration requirements and immunity from legal process.

Contact

Chris Shapardanov
Director
Peace Operations, Stability and Conflict Policy Division
Global Affairs Canada
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 343-203-2827
Email: Chris.Shapardanov@international.gc.ca