Vol. 151, No. 23 — November 15, 2017

Registration

SOR/2017-232 November 2, 2017

FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT

29th Meeting of the Parties to the Montreal Protocol and Associated Meetings Privileges and Immunities Order

P.C. 2017-1347 November 2, 2017

Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to paragraphs 5(1)(c) (see footnote a) and (f) to (h) (see footnote b) of the Foreign Missions and International Organizations Act (see footnote c), makes the annexed 29th Meeting of the Parties to the Montreal Protocol and Associated Meetings Privileges and Immunities Order.

29th Meeting of the Parties to the Montreal Protocol and Associated Meetings Privileges and Immunities Order

Interpretation

Definitions

1 The following definitions apply in this Order.

Privileges and Immunities

Representatives of foreign state

2 (1) During the relevant period, representatives of a foreign state that participate in the meetings shall 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, 12, 14 and 15 of Article IV of the Convention.

Heads and senior officials of international organizations

(2) During the relevant period, heads of an international organization, as well as their alternates and other senior officials of an international organization shall have, to the extent required for the exercise of their functions in relation to the meetings, the privileges and immunities comparable to the privileges and immunities accorded to diplomatic agents under the Vienna Convention.

Other officials

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

Experts

(4) During the relevant period, experts who perform missions for an international organization shall 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

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 29th Meeting of the Parties to the Montreal Protocol and Associated Meetings Privileges and Immunities Order, 2017 (the Order), made pursuant to paragraphs 5(1)(c), (f), (g) and (h) of the Foreign Missions and International Organizations Act (FMIOA), grants privileges and immunities to certain individuals to the extent required for the exercise of their functions in relation to

The above-noted meetings will hereafter be referred to collectively as “the Meetings.” The Order will apply to representatives of a foreign state; heads of international organizations, as defined in paragraph 2(1) of the FMIOA, and their alternates and other senior officials; other officials of international organizations; and experts performing missions for international organizations.

Background

Parties to the Montreal Protocol agreed by consensus to hold the 29th meeting of the Parties in Montréal, Canada. This meeting marks the 30th anniversary of perhaps the most successful multilateral environmental agreement. The 29th meeting of the Parties will be held jointly with the 11th meeting of the Conference of the Parties to the Vienna Convention for the Protection of the Ozone Layer, and will be preceded by associated technical and organizational meetings.

The Meetings will bring together 600 to 750 delegates from all 197 parties to the Montreal Protocol, including representatives of various international organizations, and will be held at the headquarters of the International Civil Aviation Organization, in Montréal.

The Montreal Protocol was designed to reduce the production and consumption of substances that deplete the Earth’s ozone layer. As a result of over 25 years of concerted efforts, the Parties to the Protocol had phased out the consumption of 98% of all of the chemicals controlled by the Protocol.

Building on the successes of the Montreal Protocol, in October 2016, Parties to the Montreal Protocol adopted the Kigali Amendment to phase down hydrofluorocarbons, which are potent greenhouse gases, under the Protocol. The Meetings in Montréal will be the first where the implementation of the Kigali Amendment will be discussed.

Objectives

The Order grants privileges and immunities to certain individuals who will be attending the Meetings to the extent required for the exercise of their functions in relation to the Meetings.

Description

The Order grants the following privileges and immunities to the following individuals:

The effect of the exemption from immigration restrictions is addressed in section 5(4) of the FMIOA, which states that: “In the event of an inconsistency or conflict between an order made under subsection (1) and any of sections 33 to 43 of the Immigration and Refugee Protection Act, the order prevails to the extent of the inconsistency or conflict.”

In each case, the privileges and immunities are granted only for the period beginning on November 16, and ending on November 26, 2017, and only to the extent required for the exercise of these individuals’ functions in relation to the Meetings.

“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 on small business and small businesses would not be disproportionately affected.

Consultation

Public consultations were not conducted. In light of the fact that the privileges and immunities that are granted are limited in time and are granted only to the extent required for the exercise of the individuals’ functions in relation to the Meetings, the effect on the public is expected to be low.

Rationale

The Order grants privileges and immunities to participants to facilitate their travel to Canada and their participation in the Meetings.

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.

In 2007, when Canada hosted the 19th meeting of the Parties to the Montreal Protocol, there was also a privileges and immunities order in place (i.e. the 19th Meeting of the Parties to the Montreal Protocol Privileges and Immunities Order, also was made pursuant to section 5 of the FMIOA).

Contact

Beatrice Maille
Director
Criminal, Security and Diplomatic Law Division
Global Affairs Canada
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 343-203-2534
Email: beatrice.maille@international.gc.ca