Vol. 150, No. 3 — February 10, 2016

Registration

SOR/2016-5 January 26, 2016

FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT

North American Foreign Ministers Meeting 2016 — Privileges and Immunities Order

P.C. 2016-25 January 26, 2016

His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to paragraph 5(1)(c) (see footnote a) of the Foreign Missions and International Organizations Act (see footnote b), makes the annexed North American Foreign Ministers Meeting 2016 — Privileges and Immunities Order.

North American Foreign Ministers Meeting 2016 — Privileges and Immunities Order

Interpretation

1 In this Order, Meeting means the intergovernmental conference known as the North American Foreign Ministers Meeting to be held in the City of Québec on January 28 and 29, 2016.

Privileges and Immunities

2 On January 28 and 29, 2016, representatives of foreign states that participate in the Meeting shall have in Canada, to the extent required for the exercise of their functions in Canada in relation to the Meeting, the privileges and immunities set out in sections 11(b) and (e) and 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

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.)

1. Background

Historically, to help inform the agenda for the North American Leaders’ Summit (NALS), foreign ministers from Canada, the United States and Mexico have met in advance of the Summit to discuss broad areas of trilateral cooperation, such as energy and the environment, global and regional issues, security challenges, and ongoing work to reduce impediments to trade between our countries and to strengthen North America’s global competitiveness.

The last North American Foreign Ministers’ Meeting (NAFMM) was held in January, 2015, and hosted by the U.S. Secretary of State, in Boston, Massachusetts. Canada’s Minister of Foreign Affairs will host the next NAFMM in Québec City on January 28–29, 2016.

2. Issues

The North American Foreign Ministers Meeting 2016 — Privileges and Immunities Order (the Order), made pursuant to paragraph 5(1)(c) of the Foreign Missions and International Organizations Act (FMIOA), will grant limited privileges and immunities to foreign state representatives attending the meeting. In so doing, the Order will also grant the Royal Canadian Mounted Police (RCMP) primary responsibility to ensure the security for the proper functioning of this international meeting, through the operation of section 10.1 of the FMIOA.

3. Objectives

The Order grants limited privileges to foreign state representatives not otherwise protected under customary international law during their attendance at the NAFMM in Québec City, Quebec, on January 28–29, 2016. The Order also has the effect of granting the RCMP primary responsibility to ensure the security for the proper functioning of the international meeting through the operation of section 10.1 of the FMIOA.

4. Description

The Order grants to foreign state representatives not otherwise protected under customary international law the privileges and immunities set out in paragraphs 11(b) and (e) and sections 14 to 16 of Article IV of the Convention on the Privileges and Immunities of the United Nations to the extent required for the exercise of their functions, namely inviolability of their papers and documents and facilities in respect of currency or exchange restrictions. Under the provisions of the FMIOA, the Order will also grant the RCMP the primary responsibility for ensuring the security of the meeting.

5. “One-for-One” Rule

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

6. Small business lens

The small business lens does not apply to this proposal, as there are no costs for small business, and small businesses would not be disproportionately affected.

7. Consultation

Consultations were carried out between the Department of Foreign Affairs, Trade and Development, the Department of Citizenship and Immigration, the Canada Border Services Agency, Justice Canada, the Department of Public Safety and Emergency Preparedness and the Royal Canadian Mounted Police. All consulted departments agreed with the proposed submission.

8. Rationale

The Order grants limited privileges and immunities to foreign state representatives that are otherwise not protected under customary international law during their attendance at the NAFMM. The Order also has the effect of granting the RCMP primary responsibility to ensure the security for the proper functioning of the international meeting through the operation of section 10.1 of the FMIOA.

9. Contact

Daniel Desfossés
Director
Summits, Official Events and Management Services
Global Affairs Canada
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 343-203-0803
Email: daniel.desfosses@international.gc.ca