Canada-CARICOM Summit 2023 Privileges and Immunities Order: SOR/2023-198

Canada Gazette, Part II, Volume 157, Number 21

Registration
SOR/2023-198 September 26, 2023

FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT

P.C. 2023-914 September 25, 2023

Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, makes the annexed Canada-CARICOM Summit 2023 Privileges and Immunities Order under subsection 5(1)footnote a of the Foreign Missions and International Organizations Act footnote b.

Canada-CARICOM Summit 2023 Privileges and Immunities Order

Definitions

Definitions

1 The following definitions apply in this Order.

CARICOM
means the Caribbean Community established under the Treaty of Chaguaramas, signed at Chaguaramas, Trinidad and Tobago on July 4, 1973, including the Secretariat referred to in Article 23 of that treaty. (CARICOM)
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)
relevant period
means the period beginning on October 14, 2023 and ending on October 22, 2023. (période visée)
Summit
means the Canada-CARICOM Summit to be held in Ottawa from October 17 to 19, 2023. (Sommet)

Privileges and Immunities

CARICOM

2 (1) During the relevant period, CARICOM has

Representatives of foreign states

(2) During the relevant period, representatives of a foreign state who are official delegates to the Summit have, to the extent required for the exercise of their functions in relation to the Summit, the privileges and immunities set out in paragraphs 11(a) to (f) and section 12 of Article IV of the Convention, to the extent set out in sections 14 to 16 of Article IV of the Convention.

Senior officials

(3) During the relevant period, senior officials of CARICOM have, to the extent required for the exercise of their functions in relation to the Summit, the privileges and immunities comparable to the privileges and immunities accorded to diplomatic agents under the Vienna Convention on Diplomatic Relations, other than duty and tax relief privileges.

Other officials

(4) During the relevant period, other officials of CARICOM and officials of other international organizations who have been invited by Canada to the Summit have, to the extent required for the exercise of their functions in relation to the Summit, the privileges and immunities set out in paragraphs 18(a), (d) and (e) of Article V of the Convention.

Experts

(5) During the relevant period, experts invited by Canada to the Summit have, to the extent required for the exercise of their functions in relation to the Summit, the privileges and immunities set out in Article VI of the Convention.

Coming into Force

Registration

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

The upcoming meeting between Canada and the Caribbean Community (CARICOM), to be held in Ottawa, Ontario, October 17–19, 2023, requires the granting of privileges and immunities under the Foreign Missions and International Organizations Act (FMIOA or the Act).

Background

CARICOM is a grouping of 20 countries whose mandate is to promote economic integration, foreign policy coordination, human and social development and security.

The Canada-CARICOM Summit builds on Canada’s historic and longstanding engagement with the Caribbean. It will be the 7th Canada-CARICOM Summit and the first one to be hosted in Canada. The inaugural Leaders’ Summit took place under Prime Minister Pierre Elliott Trudeau in Saint Lucia, in 1983. Five other summits were held in the Caribbean between 1985 and 2001. At the 2020 CARICOM Intersessional Meeting held in Barbados, Canada offered to host a Canada-CARICOM Leaders’ Summit in Canada, which was welcomed by CARICOM member states. The scheduling of this event had to be postponed due to the COVID-19 global pandemic.

This Canada-CARICOM Summit will focus on Canada-CARICOM issues encompassing the whole Caribbean Community, underscoring a shared commitment to advance Canada’s partnership.

Privileges and immunities are provided by way of an Order made under the FMIOA. Privileges and immunities may be granted to international organizations in which two or more states participate. Granting privileges and immunities in these cases can facilitate the participation of representatives of foreign states, senior officials of CARICOM, other officials of CARICOM, officials of international organizations and experts invited by Canada to attend the Summit, who are otherwise not covered by existing privileges and immunities under Canadian law.

Objective

To provide certain privileges and immunities to representatives of foreign states, senior officials of CARICOM, other officials of CARICOM, officials of other international organizations and experts, to facilitate attendance of, and participation in, the Canada-CARICOM Summit (the Summit) that will take place in Ottawa, October 17–19, 2023, and during the three days before and after the Summit. The relevant period for privileges and immunities under the Order is October 14–22, 2023.

Description

Privileges and immunities are granted by way of the following Order made under the Act:

Canada-CARICOM Summit 2023 Privileges and Immunities Order

During the relevant period, CARICOM shall have the legal capacities of a corporation and, to the extent necessary for the exercise of its functions in relation to the Summit, the privileges and immunities set out in sections 2 to 5 of Article II and Article III of the Convention on the Privileges and Immunities of the United Nations (the Convention).

This Order will provide privileges and immunities to representatives of foreign states that are members of CARICOM, to senior officials of CARICOM, to other officials of CARICOM and officials of other international organizations and to experts invited by Canada to attend the Summit.

The privileges and immunities of these participants to the Summit entail the following:

Representatives of foreign states

During the relevant period, representatives of a foreign state who are official delegates to the Summit have, to the extent required for the exercise of their functions in relation to the Summit, the privileges and immunities set out in paragraphs 11(a) to (f) and section 12 of Article IV of the Convention, to the extent set out in sections 14 to 16 of Article IV of the Convention.

These include the following: immunity from legal process for words spoken or written and all acts performed by them in their official capacity; immunity from personal arrest or detention and from seizure of their personal baggage; inviolability (i.e. protection) of their papers and documents; and an exemption from immigration restrictions.

Senior officials

During the relevant period, senior officials of CARICOM have, to the extent required for the exercise of their functions in relation to the Summit, the privileges and immunities comparable to the privileges and immunities accorded to diplomatic agents under the Vienna Convention on Diplomatic Relations, other than duty and tax relief privileges.

Other officials

During the relevant period, other officials of CARICOM and officials of other international organizations who have been invited by Canada to the Summit have, to the extent required for the exercise of their functions in relation to the Summit, the privileges and immunities set out in paragraphs 18(a), (d) and (e) of Article V of the Convention. These include immunity from legal process for words spoken or written and all acts performed by them in their official capacity and an exemption from immigration restrictions.

Experts

During the relevant period, experts invited by Canada to the Summit have, to the extent required for the exercise of their functions in relation to the Summit, the privileges and immunities set out in Article VI of the Convention.

Scope

Regulatory development

Consultation

Consultations and prepublication were not conducted, as this Order is routine in nature and facilitates participation of high-level representatives of foreign states, senior officials of CARICOM, other officials of CARICOM and officials of other international organizations and experts that have been invited by Canada to attend the Summit.

Modern treaty obligations and Indigenous engagement and consultation

This Order has not been the subject of public consultations on this point, as assessment of the geographic scope and subject matter of the initiative did not identify any modern treaty obligations. Given the subject matter of the Order, no rationale for Indigenous engagement or duty to consult requirements have been identified.

Instrument choice

The Order is made pursuant to subsection 5(1) of the Foreign Missions and International Organizations Act, which is the only instrument that is available to grant privileges and immunities to international organizations.

Regulatory analysis

Benefits and costs

The privileges and immunities are being provided to facilitate the attendance of, and participation in, the Summit of representatives of foreign states, senior officials of CARICOM, other officials of CARICOM, officials of other international organizations and experts, as applicable.

The exemption from immigration restrictions can facilitate travel to Canada to the extent required for attendance at the Summit. This does not replace the need for a visa, where one is required, but it can facilitate admission to Canada of an individual who may otherwise be inadmissible.

Nothing in this Order has the effect of providing duty or tax relief to any of the persons who would be covered by the privileges and immunities.

Small business lens

Analysis under the small business lens concluded that the Order will not impact Canadian small businesses.

One-for-one rule

The one-for-one rule does not apply, as there is no incremental change in administrative burden on businesses.

Regulatory cooperation and alignment

This Order does not affect Canada’s engagement in existing formal regulatory cooperation initiatives.

Gender-based analysis plus

Gender-based analysis plus (GBA+) impacts have been considered in relation to the making of the Order and no differential impacts have been identified. To the extent the privileges and immunities provide, for example, an exemption from immigration restrictions, they are targeted, not broad. The privileges and immunities also only apply to the extent necessary for the individuals’ participation in the Summit.

Implementation, compliance and enforcement, and service standards

Where a summit involving two or more states will be attended by individuals who enjoy privileges and immunities pursuant to an Order under the Act, such as this Order that is covered by the present Regulatory Impact and Analysis Statement, subsection 10.1(1) of the Act provides that the Royal Canadian Mounted Police has the primary responsibility to ensure the security for the proper functioning of such a summit.

The exemption from immigration restrictions addresses admissibility, but does not displace the need for a visa, where one is required.

The Order comes into force upon registration.

Contact

Annie Lafontaine
Deputy Director
Caribbean Engagement Division
Department of Foreign Affairs, Trade and Development
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613‑851‑0588
Email: annie.lafontaine@international.gc.ca