Canada’s 2018 G7 Presidency Privileges and Immunities Order: SOR/2018-47

Canada Gazette, Part II: Volume 152, Number 7

Registration

March 26, 2018

FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT

P.C. 2018-302 March 23, 2018

Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to paragraphs 5(1)(c) ^{footnote a} and (f) to (h)^{footnote b} of the Foreign Missions and International Organizations Act ^{footnote c}, makes the annexed Canada’s 2018 G7 Presidency Privileges and Immunities Order.

Canada’s 2018 G7 Presidency Privileges and Immunities Order

Interpretation

Definitions

1 The following definitions apply in this Order.

Act means the Foreign Missions and International Organizations Act. (Loi)

Convention means the Convention on the Privileges and Immunities of the United Nations set out in Schedule III to the Act. (Convention)

G7 meetings means

• (a) the following ministerial meetings:
  • (i) “Preparing for jobs of the future / Employment and Innovation Ministers”, to be held in Montreal, Quebec, on March 27 and 28, 2018,
  • (ii) “Building a more peaceful and secure world / Foreign Affairs and Security Ministers”, to be held in Toronto, Ontario, from April 22 to 24, 2018,
  • (iii) “Investing in growth that works for everyone / Finance and Development Ministers”, to be held in Whistler, British Columbia, from May 31 to June 2, 2018,
  • (iv) “Working together on climate change, oceans and clean energy / Environment and Energy Ministers”, to be held in Halifax, Nova Scotia, and
  • (v) all other ministerial meetings that are part of Canada’s official program of its G7 Presidency, to be held in Canada during the relevant period; and
• (b) the G7 Leaders’ Summit, to be held in La Malbaie, Quebec, on June 8 and 9, 2018. (rencontres du G7)

relevant period means the period beginning on the day on which this Order comes into force and ending on December 31, 2018. (période visée)

Privileges and Immunities

Representatives of foreign states

2 (1) During the relevant period, representatives of a foreign state that participates in the G7 meetings shall have, to the extent required for the exercise of their functions in relation to the G7 meetings, the privileges and immunities set out in sections 11, 12 and 14 to 16 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 G7 meetings, the privileges and immunities comparable to the privileges and immunities accorded to diplomatic agents under the Vienna Convention on Diplomatic Relations set out in Schedule I to the Act.

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 G7 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 G7 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.)

Background

From January 1 until December 31, 2018, Canada will hold the rotating Presidency of the G7 for the sixth time since becoming a member. On June 8–9, 2018, the Prime Minister will welcome global leaders to the G7 Summit to build consensus on today’s most challenging global issues.

Global Affairs Canada is organizing the June 8–9, 2018, G7 Leaders’ Summit, and the related ministerial meetings in support of the Canada’s G7 Presidency objectives, as set out in Appendix 1 (collectively, “G7 Meetings”). With the G7 Presidency, Canada will advance domestic and international priorities framed by the following five key themes:

• — Investing in growth that works for everyone;
• — Preparing for jobs of the future;
• — Advancing gender equality and women’s empowerment;
• — Working together on climate change, oceans and clean energy; and
• — Building a more peaceful and secure world.
  

Issues

Canada’s 2018 G7 Presidency Privileges and Immunities Order (“Order”), made pursuant to subsection 5(1) of the Foreign Missions and International Organizations Act (“FMIOA”), is required to grant privileges and immunities to Ministers and other representatives of foreign states who are attending the G7 Meetings, to heads of international organizations and other representatives of international organizations, and to experts on mission for international organizations who will be attending the G7 Meetings.

Objectives

The objective of the Order is to grant privileges and immunities to Ministers and other representatives of foreign states who are attending the G7 Meetings, to heads of international organizations and other representatives of international organizations, and to experts on mission for international organizations who will be attending the G7 Meetings to enable each of these participants to attend and participate fully in these meetings. Subsection 10.1(1) of the FMIOA provides that the Royal Canadian Mounted Police (RCMP) has the primary responsibility to ensure security for the proper functioning of the G7 Meetings that are attended by persons granted privileges and immunities under the FMIOA, pursuant to an order made under the FMIOA.

Description

The Order, made pursuant to subsection 5(1) of the FMIOA, will grant privileges and immunities to Ministers and other representatives of foreign states who are attending the G7 Meetings, to heads of international organizations and other representatives of international organizations, and to experts on mission for international organizations who will be attending the G7 Meetings to enable each of these participants to attend and participate fully in these meetings. Certain other participants may be covered by existing privileges and immunities orders, such as the Privileges and Immunities Accession Order (United Nations). It will also result in the RCMP having primary responsibility to ensure the security for the proper functioning of the G7 Meetings as set out in subsection 10.1(1) of the FMIOA.

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

• Representatives of a foreign state that participate in the G7 Meetings will have the privileges and immunities set out in sections 11, 12, 14, 15 and 16 of Article IV of the Convention on the Privileges and Immunities of the United Nations (“UN Convention”). These include immunity from personal arrest or detention and from seizure of their baggage; immunity from legal process for words spoken or written and all acts done by them in their capacity as representative; an exemption from immigration restrictions; inviolability for all papers and documents; and the same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys.
• Heads of international organizations, as well as their alternates and other senior officials of an international organization, will have privileges and immunities comparable to the privileges and immunities accorded to diplomatic agents under the Vienna Convention on Diplomatic Relations. These include an exemption from immigration restrictions. The privileges and immunities accorded to diplomatic envoys in international law include immunity from arrest and legal process in respect of all their acts, not just those performed in their official capacity; however, these privileges and immunities will only apply to the extent they are required for the exercise of these individuals’ functions in relation to the G7 Meetings.
• Other officials of an international organization will have the privileges and immunities set out in section 18 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 who perform missions for an international organization will have the privileges and immunities set out in Article VI of the UN Convention. These include immunity from personal arrest or detention and from seizure of personal baggage; immunity from legal process for words spoken or written and all acts done by them in the performance of their mission; and inviolability for all papers and documents.

The effect of the exemption from immigration restrictions is addressed in subsection 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 will only be granted to the extent required for the exercise of these individuals’ functions in relation to the G7 Meetings.

“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.

Small business lens

The small business lens does not apply, as there are no costs on small business and small business will not be affected.

Consultation

Consultations were carried out between Global Affairs Canada, Immigration, Refugees and Citizenship Canada, the Canada Border Services Agency, Justice Canada, the Department of Public Safety and Emergency Preparedness, the RCMP, and Health Canada. All consulted departments and agencies agreed with this submission.

Rationale

The purpose of the Order is to grant privileges and immunities to Ministers and other representatives of foreign states who are attending the G7 Meetings, to heads of an international organization and other representatives of an international organization, and to experts on mission for an international organization who will be attending the G7 Meetings to enable each of these participants to attend and participate fully in these meetings. Subsection 10.1(1) of the FMIOA provides that the RCMP has the primary responsibility to ensure security for the proper functioning of the G7 Meetings that are attended by persons granted privileges and immunities under the FMIOA, pursuant to an order made under the FMIOA.

This is a customary order for these occasions.

Contact

Appendix 1: List of Meetings

Ministerial meetings

1. Preparing for jobs of the future / Employment and Innovation Ministers, to be held in Montréal, Quebec, on March 27 and 28, 2018,
2. Building a more peaceful and secure world / Foreign Affairs and Security Ministers, to be held in Toronto, Ontario from April 22 to 24, 2018,
3. Investing in growth that works for everyone / Finance and Development Ministers, to be held in Whistler, British Columbia, from May 31 to June 2, 2018,
4. Working together on climate change, oceans and clean energy / Environment and Energy Ministers, to be held in Halifax, Nova Scotia, and
5. All other ministerial meetings that are part of Canada’s official program of its G7 Presidency, to be held in Canada during the relevant period.

G7 Leader’s Summit

1. G7 Leaders’ Summit, to be held in La Malbaie, Quebec, on June 8 and 9, 2018.