Northwest Atlantic Fisheries Organization Privileges and Immunities Order, 2023: SOR/2023-63
Canada Gazette, Part II, Volume 157, Number 8
Registration
SOR/2023-63 March 27, 2023
FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT
P.C. 2023-265 March 27, 2023
Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs and the Minister of Finance, makes the annexed Northwest Atlantic Fisheries Organization Privileges and Immunities Order, 2023 under section 5footnote a of the Foreign Missions and International Organizations Act footnote b.
Northwest Atlantic Fisheries Organization Privileges and Immunities Order, 2023
Definitions
Definitions
1 The following definitions apply in this Order.
- Agreement
- means the Headquarters Agreement between the Government of Canada and the Northwest Atlantic Fisheries Organization, done in duplicate at Ottawa on June 5, 2019 and at Miquelon on June 13, 2019. (Accord)
- Convention
- means the Convention on the Privileges and Immunites of the United Nations, set out in Schedule III to the Foreign Missions and International Organizations Act. (Convention)
- Organization
- means the Northwest Atlantic Fisheries Organization within the meaning of the definition NAFO in paragraph (b) of Article 1 of the Agreement and within the meaning of Article V of the Convention on Cooperation in the Northwest Atlantic Fisheries. (Organisation)
Privileges and Immunities
Legal capacities
2 (1) The Organization has, to the extent set out in Article 2 of the Agreement, the legal capacities of a body corporate.
Organization
(2) The Organization has, to the extent set out in Articles 3 to 8 of the Agreement, the privileges and immunities set out in Articles II and III of the Convention.
Representatives of members
(3) Representatives of foreign states who are members of the Organization that are referred to in paragraph (c) of Article 1 of the Agreement have in Canada to the extent specified in Articles 9 to 11 of the Agreement, the privileges and immunities set out in Article IV of the Convention.
Officials
(4) Officials of the Organization that are referred to in paragraph (d) of Article 1 of the Agreement have in Canada to the extent specified in Articles 12 and 13 of the Agreement, the privileges and immunities set out in Article V of the Convention.
Experts
(5) Experts who perform missions for the Organization have in Canada to the extent specified in Articles 15 and 16 of the Agreement, the privileges and immunities set out in Article VI of the Convention.
Not for personal benefit
(6) The privileges and immunities described in subsections (3) to (5) are not granted for the personal benefit of the representative, official or expert, as the case may be, but rather are granted so that they may exercise their functions independently in connection with the Organization and in the interests of the Organization.
Taxes or duties
(7) Nothing in this order exempts a Canadian citizen, residing or ordinarily resident in Canada, from liability for any taxes or duties imposed by any law in Canada.
Repeal
3 The International Commission for the Northwest Atlantic Fisheries Privileges and Immunities Order footnote 1 and the Northwest Atlantic Fisheries Organization Privileges and Immunities Order footnote 2 are repealed.
Coming into Force
On day of the coming into force of Agreement
4 This Order comes into force on the day on which the Headquarters Agreement between the Government of Canada and the Northwest Atlantic Fisheries Organization, done at Ottawa on June 5, 2019 and at Miquelon on June 13, 2019 enters into force, but if it is registered after that day, it comes into force on the day on which it is registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Order.)
Issues
The Headquarters Agreement between the Government of Canada and the Northwest Atlantic Fisheries Organization (the HQ Agreement) was signed in June 2019. This agreement formalizes the Government of Canada’s relationship with the Northwest Atlantic Fisheries Organization (NAFO) and provides certain privileges and immunities to NAFO and related persons. The HQ Agreement reflects current domestic practices and is consistent with the privileges and immunities found under the Foreign Missions and International Organizations Act (FMIOA).
The existing Northwest Atlantic Fisheries Organization Privileges and Immunities Order (the P&I Order) predates the FMIOA and would be repealed. The new P&I Order would refer to the HQ Agreement and implement the specific privileges and immunities provided to NAFO and related persons under that agreement.
Background
NAFO is headquartered in Halifax, Nova Scotia. Since 1980, privileges and immunities have been provided to NAFO, its officials, experts on mission, and representatives of contracting parties under the existing P&I Order. However, privileges and immunities had never been formalized in a headquarters agreement. The existing P&I Order was made prior to the authority granted under the FMIOA and a new order is necessary to implement the privileges and immunities provided for in the HQ Agreement, Canada’s first formalized headquarters agreement with NAFO.
This initiative is aligned with Canadian law and practice in granting certain privileges and immunities to international organizations under section 5 of the FMIOA and is essentially a continuation of privileges and immunities already provided under the existing P&I Order.
In addition, the ratification of the HQ Agreement, and the implementation of Canada’s obligations under it through a new order will be viewed favourably by NAFO, its contracting parties, and members of the public interested in fisheries management issues.
Objective
The objective is to repeal the existing P&I Order under the FMIOA. The new P&I Order would implement the privileges and immunities set out in the HQ Agreement. In this regard, the HQ Agreement will be incorporated by reference within the new P&I Order.
Description
The existing P&I Order predates the FMIOA as well as the current domestic practice of providing specific privileges and immunities necessary for an international organization to operate in Canada. As a result, the existing P&I Order does not clearly list the privileges and immunities provided to NAFO and instead references entire articles of the Convention on the Privileges and Immunities of the United Nations (the UN Convention). The new P&I Order would provide certainty for the Government of Canada with respect to the applicable privileges and immunities to which NAFO is entitled, as set out in the HQ Agreement and implemented under Canadian law.
Regulatory development
Consultation
The initiative for a new P&I Order under the FMIOA impacts the Department of Finance and the Department of Fisheries and Oceans, which have been consulted. As the initiative would affect the continuation of certain duty and tax relief privileges, it must be made on the joint recommendation of the Minister of Foreign Affairs and the Minister of Finance, as required under the FMIOA.
NAFO was consulted and would view the new P&I Order favourably.
The initiative is not expected to have an impact on additional stakeholders and, therefore, no further consultations are necessary.
Modern treaty obligations and Indigenous engagement and consultation
An initial assessment of the geographic scope and subject matter of the Order did not identify any modern treaty obligations.
Instrument choice
The FMIOA is the mechanism through which Canada provides privileges and immunities to international organizations such as NAFO.
Regulatory analysis
Benefits and costs
There are no financial implications associated with the new P&I Order or with repealing the existing one. The HQ Agreement is essentially a continuation of privileges and immunities already provided under the existing P&I Order.
Small business lens
Analysis under the small business lens determined that the amendments will not impact small businesses in Canada.
One-for-one rule
The one-for-one rule does not apply to these amendments, as there is no change in administrative costs or burden to businesses.
Regulatory cooperation and alignment
The initiative aligns with Canada’s obligations under the HQ Agreement signed in June 2019. The privileges and immunities set out in the HQ Agreement correspond with privileges and immunities set out in the UN Convention incorporated under the FMIOA.
Strategic environmental assessment
In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.
Gender-based analysis plus
The new P&I Order would affect only a limited number of eligible staff of NAFO and would not have wider gender-based analysis plus (GBA+) implications.
Contact
James Johnson
Legal Officer
Criminal, Security and Diplomatic Law Division
Global Affairs Canada
Telephone: 613‑415‑8212
Email: James.Johnson@international.gc.ca