Women Deliver 2019 Global Conference — Privileges and Immunities Order: SOR/2019-151

Canada Gazette, Part II, Volume 153, Number 11

Registration

SOR/2019-151 May 22, 2019

FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT

P.C. 2019-585 May 21, 2019

Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to paragraph 5(1)(c) footnote a of the Foreign Missions and International Organizations Act footnote b, makes the annexed Women Deliver 2019 Global Conference — Privileges and Immunities Order.

Women Deliver 2019 Global Conference — Privileges and Immunities Order

Interpretation

Definition of Conference

1 In this Order, Conference means the Ministerial portion of the Women Deliver 2019 Global Conference, to be held in Vancouver, British Columbia, from June 3 to 5, 2019.

Privileges and Immunities

Representatives of foreign states

2 From June 1 to 7, 2019, the representatives of a foreign state who are official delegates to the Conference have, to the extent required for the exercise of their functions in Canada in relation to the Conference, the privileges and immunities set out in paragraphs 11(a) to (f) and section 12, to the extent set out in sections 14 to 16, of Article IV of the Convention on the Privileges and Immunities of the United Nations set out in Schedule III to the Foreign Missions and International Organizations Act.

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 orders.)

Issues

Privileges and immunities are provided by way of an order made under the Foreign Missions and International Organizations Act (the Act). Privileges and immunities may be granted to international organizations, which include intergovernmental conferences in which two or more states participate. Granting privileges and immunities in these cases can facilitate the participation of representatives of foreign states, officials of international organizations and experts on mission for international organizations.

Three upcoming events that will be hosted in Canada require the granting of privileges and immunities under the Act:

Objective

To facilitate attendance and participation in the Women Deliver Ministerial, the Ukraine Reform Ministerial and the Challenges Annual Forum.

Description

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

  1. Women Deliver 2019 Global Conference  Privileges and Immunities Order
  2. Challenges Annual Forum  Privileges and Immunities Order
  3. Ukraine Reform Conference 2019  Privileges and Immunities Order

All three orders will provide privileges and immunities to representatives of foreign states. For the Women Deliver and Ukraine Reform conferences, these are limited to representatives of foreign states who are official delegates to the ministerial meetings.

The privileges and immunities for representative of foreign states entail the following:

Representatives of foreign states

Representatives of foreign states will have, to the extent required for the performance of their functions in relation to the ministerial meeting or the Forum, as applicable, privileges and immunities as set out in paragraphs 11(a) to (f) and sections 12, 14 and 16 article IV of the Convention on the Privileges and Immunities of the United Nations (the UN Convention).

These include: 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.

For the Challenges Annual Forum and the Ukraine Reform Conference Ministerial, the orders provide privileges and immunities to officials of international organizations and experts on mission for international organizations. These entail the following:

Officials of international organizations

Senior officials of international organizations will have, to the extent required for the performance of their functions in relation to the ministerial meeting or the Forum, as applicable, privileges and immunities comparable to those provided to diplomatic agents under the Vienna Convention on Diplomatic Relations.

Other officials of international organizations will have, to the extent required for the performance of their functions in relation to the ministerial meeting or the Forum, as applicable, 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.

Experts on mission

Experts performing missions for international organizations will have, to the extent required for the performance of their functions in relation to the ministerial meeting or the Forum, as applicable, privileges and immunities set out in article VI of the UN Convention.

These include: immunity from legal process for words spoken or written and all acts performed by them in the course of the performance of their mission; immunity from personal arrest or detention and from seizure of their personal baggage and inviolability (i.e. protection) of their papers and documents.

Scope

Regulatory development

Consultation

Consultations and prepublication were not conducted as these orders are routine in nature and facilitate participation of high-level representatives of foreign states as well as officials of international organizations and experts on mission for international organizations for the ministerial meetings and Forum, as applicable.

Modern treaty obligations and Indigenous engagement and consultation

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

Instrument choice

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

Regulatory analysis

Costs and benefits

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

The exemption from immigration restrictions can facilitate travel to Canada to the extent required for attendance at the ministerial meetings and the Forum, as applicable. 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 these orders 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

The small business lens does not apply. There are no costs on small business and small businesses would not be affected.

“One-for-One” Rule

The “One-for-One” Rule does not apply, as there is no change in administrative costs to businesses.

Regulatory cooperation and alignment

The orders do 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 orders 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 as also only apply to the extent necessary for the individuals’ participation in the ministerial meetings.

Implementation, compliance and enforcement, and service standards

Where an intergovernmental conference involving two or more states will be attended by individuals who enjoy privileges and immunities pursuant to an order under this Act, such as the three orders that are 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 conference.

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

The orders come into force upon registration.

Contact

Rebecca Netley
Executive Director
Criminal, Security and Diplomatic Law Division
Department of Foreign Affairs, Trade and Development
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 343‑203‑2534
Email: Rebecca.Netley@international.gc.ca