Ministerial Conference on the Human Dimension of Ukraine’s 10-Point Peace Formula Privileges and Immunities Order: SOR/2024-209

Canada Gazette, Part II, Volume 158, Number 23

Registration
SOR/2024-209 October 25, 2024

FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT

P.C. 2024-1120 October 25, 2024

Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs makes the annexed Ministerial Conference on the Human Dimension of Ukraine’s 10-Point Peace Formula Privileges and Immunities Order under paragraphs 5(1)(c)^{footnote a} and (f)^{footnote b} to (h) of the Foreign Missions and International Organizations Act ^{footnote c}.

Ministerial Conference on the Human Dimension of Ukraine’s 10-Point Peace Formula Privileges and Immunities Order

Definitions

Definitions

1 The following definitions apply in this Order.

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)

Meeting

means the Ministerial Conference on the Human Dimension of Ukraine’s 10-Point Peace Formula to be held in Montréal, Quebec, on October 30 and 31, 2024. (réunion)

relevant period

means the period beginning on October 27, 2024 and ending on November 1, 2024. (période visée)

Privileges and Immunities

Representatives of foreign states

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

Senior officials

(2) During the relevant period, senior officials of an international organization have, to the extent required for the exercise of their functions in relation to the Meeting, 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

(3) During the relevant period, other officials of an international organization have, to the extent required for the exercise of their functions in relation to the Meeting, the privileges and immunities set out in paragraphs 18(a), (d) and (e) of Article V of the Convention.

Experts

(4) During the relevant period, experts who perform missions for an international organization have, to the extent required for the exercise of their functions in relation to the Meeting, 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 Ministerial Conference on the Human Dimension of Ukraine’s 10-Point Peace Formula (the Conference) requires the granting of privileges and immunities to ministers and other representatives of foreign states, heads of international organizations and other representatives of international organizations, and to experts on mission for international organizations, in order to facilitate their participation.

Background

President Volodymyr Zelenskyy introduced Ukraine’s 10-Point Peace Formula (10PPF) in November 2022 at the G20 summit. In August 2023, 10 working groups were established, each dedicated to a specific pillar of the 10PPF. Canada, along with Norway, are co-chairs of Working Group 4, which focuses on the return of prisoners of war, detained civilians, and illegally transferred and deported children to Russia. Canada also co-leads with Ukraine the International Coalition for the Return of Ukrainian Children, a related effort to Working Group 4 focusing specifically on the issues pertaining to illegally deported and transferred Ukrainian children to Russia.

In June 2024, Ukraine and Switzerland hosted the Summit on Peace in Ukraine, a diplomatic initiative to garner international support for the 10PPF. The Summit brought together 57 leaders from various countries and representatives from 100 states and international organizations to discuss and coordinate efforts to achieve lasting peace in Ukraine. At the Summit, Prime Minister Trudeau chaired a breakout session on the human dimension of the war in Ukraine and announced that Canada will host a ministerial conference on the human dimension this year.

Following the Prime Minister’s statement, on September 25, 2024, the Minister of Foreign Affairs announced that Canada would be hosting the Conference in Montréal, Quebec, on October 30 and 31, 2024. The Conference aims to bring together high-ranking state representatives and international organizations to exchange views with the objective of developing a concrete plan, guided by the principles of international human rights and humanitarian law, for the return of prisoners of war as well as deported civilians and children back to Ukraine. The Conference will also seek to strengthen the International Coalition for the Return of Ukrainian Children, integrate the Women, Peace and Security perspective into the 10PPF, and identify approaches for post-return rehabilitation and reintegration for Ukrainian returnees. A key outcome of the Conference will be to develop a roadmap with practical solutions to support all stages of the returns of detained and deported persons, including

• access and assessment of conditions;
• mechanisms for returns; and
• effective reintegration and rehabilitation support for prisoners of war, detained civilians, children and their families.

Privileges and immunities for international meetings hosted in Canada are provided by way of an Order made under the Foreign Missions and International Organizations Act (FMIOA). Granting privileges and immunities can facilitate the participation of representatives of foreign states, officials of international organizations and experts invited by Canada to attend the Conference, who would otherwise not be covered by existing privileges and immunities under Canadian law.

Objective

To provide certain privileges and immunities to representatives of foreign states, officials and experts of international organizations, and to facilitate attendance of and participation in the Conference. The relevant period for privileges and immunities under the Order is October 27, 2024, to November 1, 2024.

Description

The Order grants the following privileges and immunities to the following categories of participants:

• Representatives of foreign states who are official delegates to the Conference have the privileges and immunities set out in paragraphs 11(a) to (f) and sections 12, 14 to 16 of Article IV of the Convention on the Privileges and Immunities of the United Nations (the UN Convention). These include immunity from personal arrest or detention and from seizure of their baggage; immunity from legal process for words spoken or written and all acts done by them in their capacity as representative; an exemption from immigration restrictions; inviolability for all papers and documents; and the same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys.
• Senior officials of international organizations have the privileges and immunities comparable to those accorded to diplomatic agents under the Vienna Convention on Diplomatic Relations. These include an exemption from immigration restrictions. The privileges and immunities accorded to diplomatic envoys in international law include immunity from arrest and legal process in respect of all their acts, not just those performed in their official capacity; however, these privileges and immunities only apply to the extent they are required for the exercise of these individuals’ functions in relation to the Conference.
• Other officials of international organizations have the privileges and immunities set out in paragraphs 18(a), (d) and (e) of Article V of the UN 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.
• Other experts performing in missions for international organizations have the privileges and immunities set out in Article VI of the UN Convention. These include immunity from personal arrest or detention and from seizure of personal baggage; immunity from legal process for words spoken or written and all acts done by them in the performance of their mission; and inviolability for all papers and documents.

Scope

Privileges and immunities will be provided from October 27 to November 1, 2024, to account for delegation arrivals and departures.

In each case, the privileges and immunities are only granted to the extent required for the exercise of these individuals’ functions in relation to the Conference. All privileges and immunities accorded under this Order cease on November 1, 2024, as per the time period indicated in the Order.

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 and experts that have been invited by Canada to attend the Conference.

The Order is not expected to have an impact on additional stakeholders and, therefore, no public consultations were necessary.

Modern treaty obligations and Indigenous engagement and consultation

An initial assessment of the geographic scope and subject matter of the initiative did not identify any modern treaty obligations. Given the subject matter of the regulatory initiative, no rationale for Indigenous engagement or duty to consult requirements have been identified.

Instrument choice

This Order is made pursuant to subsection 5(1) of the FMIOA, which is the only instrument that is available to grant privileges and immunities for an international conference in which two or more states participate.

Regulatory analysis

Benefits and costs

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

The exemption from immigration restrictions can facilitate travel to Canada to the extent required for attendance at the Conference. 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.

The Conference will help advance the implementation of the human dimension of the 10PPF by

• establishing a roadmap that mobilizes and coordinates international action to return and support Ukrainian detained civilians, prisoners of war and deported children to Russia, including through post-return rehabilitation and recovery;
• building international support for a Ukrainian negotiating position that is people-centred and focuses on respect for international humanitarian law; and
• ensuring the interests of vulnerable groups, including women, children, elderly and disabled people, are enshrined in the peace process.

The Conference is an important step toward the next Summit on Peace in Ukraine which will be hosted by a country other than Canada. The outcomes of the Conference will directly inform the agenda of the next Summit, which may include Russia’s participation.

The Order has no incremental funding implications for Global Affairs Canada (GAC).

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

This Order is not related to a work plan or commitment under a formal regulatory cooperation forum.

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment, this initiative has been exempted from the requirement to complete a Strategic Environmental and Economic Assessment (SEEA), as this is a matter of routine or administrative procedure with a low likelihood of important environmental or economic effects.

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 Conference.

Implementation, compliance and enforcement, and service standards

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

In the context of the Conference planning and delivery, GAC is coordinating a horizontal federal approach, including the Canada Border Services Agency, the Royal Canadian Mounted Police and Immigration, Refugees and Citizenship Canada.

The exemption from immigration restrictions can facilitate travel to Canada to the extent required for attendance at the Conference. 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.

Contact

Catherine Carbonneau
Senior Analyst
Summits Management Office
Global Affairs Canada
Email: catherine.carbonneau@international.gc.ca