Proclamation Designating the Republic of the Philippines as a Designated State for the Purposes of the Visiting Forces Act: SOR/2026-67

Canada Gazette, Part II, Volume 160, Number 8

Registration
SOR/2026-67 April 2, 2026

VISITING FORCES ACT

Proclamation Designating the Republic of the Philippines as a Designated State for the Purposes of the Visiting Forces Act

Kenneth MacKillop
Deputy of the Governor General

[L.S.]

Canada

Charles the Third, by the Grace of God King of Canada and His other Realms and Territories, Head of the Commonwealth.

Marie-Josée Hogue
Deputy Attorney General

Great Seal of Canada

TO ALL TO WHOM these presents shall come or whom the same may in any way concern,

GREETING:

A Proclamation

Whereas section 4 of the Visiting Forces Act provides that the Governor in Council may, by proclamation, designate any country as a designated state for the purposes of that Act, declare the extent to which that Act is applicable in respect of any designated state and designate civilian personnel as a civilian component of a visiting force;

Now Know You that We, by and with the advice of Our Privy Council for Canada and under Order in Council P.C. 2026-274 of March 27, 2026, do by this Our Proclamation

Of all which Our Loving Subjects and all others whom these presents may concern are required to take notice and to govern themselves accordingly.

In testimony whereof, We have caused this Our Proclamation to be published and the Great Seal of Canada to be affixed to it.

WITNESS:

Kenneth MacKillop, Deputy of Our Right Trusty and Well-beloved Mary May Simon, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

At the City of Ottawa, on April 1, 2026, in the fourth year of Our Reign.

BY COMMAND,

Philip Jennings
Deputy Registrar General of Canada

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Proclamation.)

Issues

The ratification of the Status of Visiting Forces Agreement (SOVFA or the Agreement) between Canada and the Philippines requires that the Republic of the Philippines (the Philippines) be proclaimed a “designated state” under section 4 of the Visiting Forces Act (VFA).

Background

A SOVFA is a reciprocal legally binding mechanism that establishes a comprehensive legal framework for facilitating military cooperation. It addresses practical legal questions, such as whether a visiting force can carry arms, import military equipment, drive a car, wear their respective uniforms, be arrested, be held for damages, and more. In this case, the Agreement will also allow the authorities of the receiving state to have jurisdiction over the members of the visiting forces and its civilian staff (i.e. the non-military personnel that accompany a visiting force, also referred to as the “civilian component”). This means that Canadian Armed Forces (CAF) members who are present in the territory of the Philippines will generally be subject to the laws of the Philippines. The Agreement is reciprocal; therefore, the Philippines must be added as a designated state under the VFA to give them the same access to Canada as the CAF will have in the Philippines.

The VFA establishes the legal framework under which the armed forces of other countries may be present and operate in Canada. It addresses practical legal questions, such as whether a visiting force can carry arms, import military equipment, drive a car, wear their respective uniforms, be arrested, be held for damages, and more. It also explains how the civilian component is treated; in this case, the same as military members for legal purposes.

To have the Visiting Forces Act apply to them, states must be designated by the Governor in Council. Designated states under the VFA receive extra protections under the Foreign Interference and Security of Information Act so that their information, documents and personnel are protected in the same way as Canadian military installations, classified information and personnel. Under the VFA, Canada retains primary jurisdiction over offences against Canadian law, whereas the visiting force’s own state has primary jurisdiction over “service offences” related to that state’s military law (such as desertion and insubordination). A SOVFA aligns with the VFA because both outline the conditions under which a foreign country’s forces, in this case, the Philippines’, can operate in Canada, including what kind of access they have. When a new country is designated under the VFA, the CAF can legally host and operate with that state’s forces in Canada under a defined framework, requiring the CAF to apply the VFA’s jurisdictional, claims, tax, customs and authority recognition rules and to integrate the new partner into existing operational, administrative, legal and security procedures.

The VFA is Canada’s domestic legal mechanism for implementing SOVFAs, and its provisions apply only to foreign military personnel present in Canada — not to the activities of the CAF abroad. Given the Agreement is reciprocal, it covers the legal provisions of the CAF’s activities in the Philippines. Negotiations for the Agreement between Canada and the Philippines launched in July 2024 and concluded in March 2025. On November 2, 2025, the Minister of National Defence signed the Agreement with the Philippines to advance Canada’s defence policy, Our North, Strong and Free (2024), by deepening bilateral defence relations with key partners and allies. The Agreement is designed to enable the CAF and the armed forces of the Philippines to engage in a wider array of military activities, such as training and exercises, in the Philippines and in Canada.

To enable the ratification of the Agreement, Canadian legislation must be aligned with its obligations; accordingly, the Philippines must be designated under the VFA in advance, which is done by proclamation of the Governor in Council. As a reciprocal treaty, the Agreement would also permit the CAF to host members of the Philippines’ armed forces in Canadian military bases and facilities under certain conditions, primarily for exercises or joint activities. The impact on the CAF is expected to be minimal.

Objective

The objective is to enable greater military cooperation and engagement between the CAF and the armed forces of the Philippines in Canada, including exercises, operations and training, by adding the Philippines as a designated state under the VFA and completing Canada’s domestic ratification requirements to bring the Agreement into force.

Description

The Proclamation includes three elements. First, it adds the Philippines as a designated state under the VFA, which will provide a legal basis for applying the VFA’s rules and requirements to the Philippines. Second, it clarifies that the VFA applies to the Philippines, with the exception of Part VI, which was only meant to be used once, when the law was first created. It was a temporary section, and its rules no longer have any effect on countries added later. Third, it explains which civilian members of the designated country’s force will be recognized under the VFA while they are in Canada. This clarifies which civilian staff are covered under the VFA and excludes individuals whose citizenship or residency status means they should not be granted that legal status.

Regulatory development

Consultation

No additional external consultations were undertaken, as no issues were raised during the tabling period of at least 21 sitting days, between December 10, 2025, and March 9, 2026, as required by the Policy on Tabling of Treaties in Parliament.

Indigenous engagement, consultation and modern treaty obligations

As required by the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an assessment of modern treaty implications was conducted. The assessment determined that there are no modern treaty implications associated with the Proclamation due to the subject matter.

Instrument choice

Under the VFA, a proclamation is required to designate states. Therefore, no other instrument was considered. In addition, one of the prerequisites for the ratification of the Agreement is to have the Philippines designated under the VFA.

Regulatory analysis

Benefits

Designating a new country under the VFA provides Canada with a clear and predictable legal framework for hosting that state’s armed forces, which facilitates defence cooperation, supports interoperability and training opportunities with the CAF, and ensures reciprocal treatment for Canadian personnel operating abroad under a corresponding SOVFA. It also enhances legal certainty for federal departments and visiting personnel by applying established rules governing jurisdiction, claims, tax and customs treatment, and the status of foreign military members and their civilian components.

Costs

The costs associated with designating a new country under the VFA are minimal and relate primarily to administrative and operational adjustments required within the CAF and relevant federal departments to apply the VFA’s procedures to the newly designated state. Additional resource demands may arise from supporting visiting forces, including the use of CAF infrastructure and personnel time, and Canada may incur limited obligations under the VFA’s claims regime, as well as minor foregone tax or customs revenue resulting from applicable exemptions.

Small business lens

Analysis under the small business lens concluded that the Proclamation will not impact Canadian small businesses.

One-for-one rule

The one-for-one rule does not apply, as there is no impact on businesses.

Regulatory cooperation and alignment

The Philippines currently has similar agreements with the United States, Australia, Japan and New Zealand. France and Germany are also seeking to conclude similar agreements with the Philippines. Ratifying the SOVFA will strengthen defence relationships by enabling Canada to operate alongside allies and partners in cooperation with the Philippines, consistent with Canada’s engagements with other countries.

International obligations

The designation supports Canada’s existing international defence cooperation commitments by enabling the legal framework required for reciprocal military activities with the Philippines. The Proclamation does not create new international obligations; rather, it operationalizes arrangements already established through bilateral agreements and defence partnerships.

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment, a preliminary scan concluded that a strategic environmental and economic assessment is not required.

Gender-based analysis plus

A SOVFA is a requirement for any foreign military presence or joint activities in the Philippines. Given the limited scope and small scale of the anticipated Canadian military presence, no significant differential impacts on women, men or gender diverse populations are expected.

While foreign military activities can affect local communities, including coastal populations reliant on fishing and farming, Canada’s comparatively small military footprint reduces the likelihood of adverse socio-economic or safety-related impacts on Canadians deployed abroad, including women, men and gender diverse individuals, as well as on affected host communities. Consequently, no distinct or disproportionate gender-based analysis plus (GBA+) impacts based on factors, such as gender, age, geography or income, have been identified at this time, and any potential impacts would be monitored and addressed through existing policy.

Canada’s engagement would take place in a context where the Philippines has demonstrated openness to “Women, Peace and Security” initiatives, suggesting opportunities for collaboration on monitoring and addressing any gender- or diversity-based impacts, should they arise.

Implementation, compliance and enforcement, and service standards

The Proclamation will ensure that Canada has met its domestic responsibilities to allow for the ratification of the Agreement between Canada and the Philippines. Upon completion, the Proclamation will be published on the Department of Justice website and in the Canada Gazette, Part II. Once a subsequent Order in Council bringing the Agreement into force is made, Global Affairs Canada will confirm to the Philippines that the Philippines has been added to the VFA and all other domestic ratification procedures have been completed.

Contact

Ashley McCauley
Deputy Director
Indo-Pacific Policy
Department of National Defence
Email: Ashley.Mccauley@forces.gc.ca