Fourth Session of the Intergovernmental Negotiating Committee on Plastic Pollution (Ottawa 2024 – INC-4) Privileges and Immunities Order: SOR/2024-48

Canada Gazette, Part II, Volume 158, Number 8

Registration
SOR/2024-48 March 25, 2024

FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT

P.C. 2024-251 March 25, 2024

Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, makes the annexed Fourth Session of the Intergovernmental Negotiating Committee on Plastic Pollution (Ottawa 2024 – INC-4) Privileges and Immunities Order under subsection 5(1)footnote a of the Foreign Missions and International Organizations Act footnote b.

Fourth Session of the Intergovernmental Negotiating Committee on Plastic Pollution (Ottawa 2024 – INC-4) Privileges and Immunities Order

Definitions

Definitions

1 The following definitions apply in this Order.

Agreement
means the Agreement between the United Nations as Represented by the United Nations Environment Programme and the Government of Canada Regarding the Fourth Session of the Intergovernmental Negotiating Committee to Develop an International Legally Binding Instrument on Plastic Pollution, including in the Marine Environment (INC-4). (Accord)
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)
meetings
means
  • (a) the regional preparatory consultations to be held in Ottawa on April 21, 2024; and
  • (b) the meeting of the Fourth Session of the Intergovernmental Negotiating Committee to Develop an International Legally Binding Instrument on Plastic Pollution, including in the Marine Environment (INC-4), to be held in Ottawa from April 23 to 30, 2024. (réunions)
relevant period
means the period beginning on April 19, 2024 and ending on May 3, 2024. (période visée)

Privileges and Immunities

Inviolability

2 During the relevant period, the premises, as defined in Article 3 of the Agreement, and the archives and documents of the United Nations Environment Programme are inviolable within the meaning of section 3 of the Convention.

Representatives

3 (1) During the relevant period, the following persons who have been invited to attend the meetings as participants, as defined in Article 2 of the Agreement, have, to the extent required for the exercise of their functions in relation to the meetings, the privileges and immunities set out in sections 11 and 12 of Article IV of the Convention, to the extent set out in sections 14 to 16 of that Article:

United Nations officials

(2) During the relevant period, officials of the United Nations have, to the extent required for the exercise of their functions in relation to the meetings, the privileges and immunities set out in paragraphs 18(a) and (c) to (f) of Article V of the Convention.

Officials of specialized agencies or related organizations

(3) During the relevant period, officials of specialized agencies or related organizations of the United Nations have, to the extent required for the exercise of their functions in relation to the meetings, the privileges and immunities set out in paragraphs 18(a), (c) and (d) of Article V of the Convention.

Experts

(4) During the relevant period, experts, other than the officials referred to in subsections (2) and (3), who are performing missions for the United Nations or its specialized agencies or related organizations have, to the extent required for the exercise of their functions in relation to the meetings, the privileges and immunities set out in Article VI of the Convention.

Coming into Force

Registration

4 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 recently concluded Agreement between the United Nations (UN), as represented by the United Nations Environment Programme (UNEP), and the Government of Canada regarding the Fourth Session of the Intergovernmental Negotiating Committee to Develop an International Legally Binding Instrument on Plastic Pollution, including in the Marine Environment (INC-4) [the Agreement] will allow Canada to host INC-4 in Ottawa from April 23 to 30, 2024, as well as regional preparatory consultations on April 21, 2024. An Order under the Foreign Missions and International Organizations Act (FMIOA) is required to provide privileges and immunities, as well as to make reference to the Agreement. The relevant period for the Order will be from April 19 to May 3, 2024.

Background

In March 2022, the United Nations Environment Assembly (UNEA) passed a landmark decision (Resolution 5/14) establishing a new intergovernmental negotiating committee (INC) to develop an international legally binding agreement on plastic pollution by the end of 2024, under the aegis of the UNEP. The aim is to develop an instrument based on a comprehensive approach that addresses the full life cycle of plastic, including its production, design and disposal. To date, three rounds of negotiations have taken place in Uruguay, France and Kenya. To further its leadership role in combatting plastic pollution, Canada offered to host the INC-4 in Ottawa from April 23 to 30, 2024, with a preparatory meeting on April 21, 2024. Canada’s offer was accepted in June 2023.

Given that the meeting will be held outside UNEP’s headquarters city (Nairobi, Kenya), the UN expressed a strong preference for the hosting instrument to take the form of a legally binding agreement detailing the respective responsibilities and roles of Canada and UNEP for the organization of INC-4. The Agreement includes privileges and immunities, with those provided being available under the FMIOA and comparable to those offered to other international organizations hosting events in Canada.

Objective

The Fourth Session of the Intergovernmental Negotiating Committee on Plastic Pollution (Ottawa 2024 – INC-4) Privileges and Immunities Order (the Order) ensures that the privileges and immunities provided for under the Agreement, as per current domestic practice, are clearly listed and implemented in time for the INC-4 in Ottawa, Canada, from April 23 to April 30, 2024, and that the Order refers to the Agreement.

Description

In line with the current domestic practice applicable to an international organization to host an event in Canada, the Order lists the privileges and immunities provided to INC-4 and its participants and provides certainty for the Government of Canada with respect to the applicable privileges and immunities under the Agreement. The following participants enjoy privileges and immunities under the Order:

  1. Representatives of foreign States, including representatives of Member States of the UN and its specialized agencies and related organizations;
  2. Representatives of the UN, its intergovernmental organs, and its specialized agencies and related organizations;
  3. Officials of the UN; and
  4. Experts on mission for the UN.

Privileges and immunities provided for INC-4 and certain of its participants under the FMIOA would include the following:

  1. Inviolability of the meeting premises and archives;
  2. Immunity from legal processes of every kind in respect of words spoken or written and all acts done in an official capacity; and
  3. Immunity from immigration restrictions and alien registration.

Regulatory development

Consultation

This Order under the FMIOA primarily impacts the UNEP and its international personnel attending the INC-4. No public consultation or prepublication was required because the Order aligns with Canada’s obligations under the Agreement made with the UN and is not expected to have an impact on additional stakeholders.

Modern treaty obligations and Indigenous engagement and consultation

The Order has not been the subject of public consultations on this point, as the 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 FMIOA, which is the only instrument that is available to grant privileges and immunities to international organizations of this type.

Regulatory analysis

Benefits and costs

The Order has no incremental implications for Global Affairs Canada. The costs associated with hosting INC-4 itself (Can$4 million) have been approved separately and have already been provided in full by Environment and Climate Change Canada to UNEP.

Granting certain privileges and immunities necessary for Canada to host the INC-4 meeting in Ottawa enables Canada to take a leadership role internationally in fighting plastic pollution. The INC-4 meeting is expected to advance the development of a new global agreement on plastics and help further Canada’s objective of Zero Plastic Waste by 2030. It will also continue Canada’s leadership in international efforts to combat climate change.

Hosting INC-4 will also be viewed favourably by the UN and its contracting parties, as well as by members of the public interested in plastic pollution in the world’s oceans.

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 the administrative burden on businesses.

Regulatory cooperation and alignment

The Order aligns with Canada’s obligations under the Agreement between the Government of Canada and the UN. The privileges and immunities set out in the Agreement align with those set out in the Convention on the Privileges and Immunities of the United Nations, incorporated under the FMIOA.

Strategic environmental assessment

The privileges and immunities will not result in any direct environmental impacts, including Canada’s emissions targets.

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. From an operational perspective, gender balance, particularly at the managerial levels, is a key priority for the UN.

Implementation, compliance and enforcement, and service standards

The Order comes into force upon registration.

Contact

James Johnson
Senior Legal Officer
Global Affairs Canada
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613‑415‑8212
Email: james.johnson@international.gc.ca