European Space Agency Privileges and Immunities Order: SOR/2019-181

Canada Gazette, Part II, Volume 153, Number 12

Registration

SOR/2019-181 June 3, 2019

FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT

P.C. 2019-618 May 31, 2019

Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs and the Minister of Finance, pursuant to section 5 footnote a of the Foreign Missions and International Organizations Act footnote b, makes the annexed European Space Agency Privileges and Immunities Order.

European Space Agency Privileges and Immunities Order

Interpretation

Definitions

1 The following definitions apply in this Order.

Privileges and Immunities

Legal capacity

2 (1) The Organization has the legal capacities of a body corporate.

Organization

(2) The Organization has, to the extent set out in paragraph 2 of Article X of the Agreement, the privileges and immunities set out in Articles II and III of the Convention.

Representatives of Member States

(3) The representatives of the Member States of the Organization have, to the extent set out in paragraph 5 of Article X of the Agreement, the privileges and immunities set out in Article IV of the Convention. These privileges and immunities are accorded for the purpose of safeguarding the independent exercise of the representatives’ functions in connection with the Organization and not for the personal benefit of the representatives.

Officials

(4) The officials of the Organization that are referred to in paragraph 3 of Article X of the Agreement have, to the extent set out in that paragraph, the privileges and immunities set out in Article V of the Convention. These privileges and immunities are accorded in the interest of the Organization and not for the personal benefit of the officials.

Repeal

3 The European Space Agency Privileges Order footnote 1 is repealed.

Coming into Force

Agreement

4 This Order comes into force on the day on which the Cooperation Agreement Between the Government of Canada and the European Space Agency, done at Paris on February 12, 2019, enters into force.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issues

The European Space Agency (“ESA”) is an international organization and is Europe’s primary access to space. Canada and ESA are longstanding partners and have been formally collaborating since 1979 through a treaty-level Cooperation Agreement between the Government of Canada and the European Space Agency (the “Agreement”), which has been renewed five times (1984, 1989, 2000, 2012 and 2019).

The Agreement enables Canada’s participation in ESA programs. This provides significant benefits for Canadians, including: advancements for Canadian science and technology; space flight opportunities to test and prove Canadian technology in space; and market access to Europe.

Pursuant to the 2019 renewed Agreement (the “renewed Agreement”), Canada has committed to providing ESA with broader privileges and immunities.

Objective

To implement Canada’s treaty obligations related to privileges and immunities under the renewed Agreement.

Description

The European Space Agency Privileges and Immunities Order (“new Order”) repeals and replaces the European Space Agency Privileges Order (“previous Order”). All provisions of the previous Order are retained, e.g.:

The new Order also provides additional privileges and immunities, e.g.:

To ESA:

To ESA Officials:

To Representatives of ESA Member States:

Regulatory development

Consultation

The new Order was not pre-published given that it implements Canada’s broader privileges and immunities obligations in respect of ESA in the renewed Agreement.

In 2015 and 2018, the Canadian Space Agency consulted the Canadian space sector on the Agreement through an independent evaluation of Canada’s involvement in ESA. These consultations concluded that industry and academia support the renewal of the Agreement (which includes a section on privileges and immunities) as it directly contributes to their ability to remain competitive domestically and internationally.

Modern treaty obligations and Indigenous engagement and consultation

The new Order does not have an impact on modern treaty obligations. This initiative does not take place in modern treaty regions.

Instrument choice

The new Order is made pursuant to subsections 5(1) and (2) of Part II 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

In addition to ensuring compliance with international treaty obligations, the new Order provides assurance to ESA, ESA officials, and representatives of ESA member states of their available privileges and immunities, as well as ensures that ESA can adequately carry out its functions in Canada.

The exemption from immigration restrictions is provided to facilitate travel to Canada. While it does not replace the need for a visa where one is required, it could facilitate admission to Canada of an individual even if that individual was not otherwise admissible.

The privileges and immunities are provided to officials and representatives of ESA member states not for the personal benefit of the individuals themselves but rather to enable them to carry out their functions in relation to ESA. Accordingly, as specified in the renewed Agreement, the privileges and immunities of both ESA officials and representatives of ESA member states may be waived. For ESA officials, they may be waived by the Director General of ESA. For representatives of member states, they may be waived by the member state.

The new Order does not generate any material costs for government, industry, consumers, or Canadians. The costs, if any, to the government through the tax and duty-related privileges are insignificant.

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 new Order does not affect Canada’s engagement in existing formal regulatory cooperation initiatives. It implements Canada’s treaty obligations in the renewed Agreement to provide broader privileges and immunities to ESA, ESA officials, and representatives of ESA member states.

Strategic environmental assessment

In accordance with The Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a screening concluded that the potential for important environmental effects, positive or negative, is unlikely as a result of proposal implementation. No further assessment is required.

Gender-based analysis plus

Gender-based analysis plus (GBA+) impacts have been considered in relation to the making of the new Order and no impacts have been identified.

Implementation, compliance and enforcement, and service standards

This new Order comes into force on the day on which the renewed Agreement enters into force.

Contact

Isolda Guevara
Global Affairs Canada
Telephone: 343‑203‑3178
Email: isolda.guevara@international.gc.ca