Vol. 146, No. 10 — May 9, 2012

Registration

SOR/2012-87 April 27, 2012

FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT

International Organization for Migration Privileges and Immunities Order

P.C. 2012-526 April 26, 2012

His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to paragraphs 5(1)(a), (b), (c) (see footnote a) and (f) to (h) (see footnote b) of the Foreign Missions and International Organizations Act (see footnote c), hereby makes the annexed International Organization for Migration Privileges and Immunities Order.

INTERNATIONAL ORGANIZATION FOR MIGRATION
PRIVILEGES AND IMMUNITIES ORDER

INTERPRETATION

1. The following definitions apply in this Order.

“Convention” means the Convention on the Privileges and Immunities of the United Nations set out in Schedule III to the Foreign Missions and International Organizations Act. (Convention)

“Organization” means the International Organization for Migration. (Organisation)

PRIVILEGES AND IMMUNITIES

2. (1) The Organization is to have in Canada the legal capacities of a body corporate and, to the extent necessary for the exercise of its functions and the fulfilment of its purposes in Canada, the privileges and immunities set out in sections 2 to 5 of Article II and in Article III of the Convention.

(2) The representatives of foreign states that are members of the Organization are to have in Canada, to the extent necessary for the independent exercise of their functions in connection with the Organization, the privileges and immunities set out in paragraphs 11(a) to (f) and sections 12 and 14 to 16 of Article IV of the Convention.

(3) The Director General of the Organization, the Deputy Director General of the Organization and officials of the Organization are to have in Canada, to the extent necessary for the independent exercise of their functions in connection with the Organization, the privileges and immunities set out in paragraphs 18(a) and (c) to (f) of Article V of the Convention.

(4) Experts performing missions for the Organization are to have in Canada, to the extent necessary for the independent exercise of their functions in connection with the Organization, the privileges and immunities set out in Article VI of the Convention.

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

The International Organization for Migration (the “IOM”) is an international organization based in Geneva whose mandate is to ensure orderly and humane migration around the world. The IOM has 132 member-states. Canada became a party to the Constitution of the International Organization for Migration (the “IOM Constitution”), which is a treaty, in 1990.

2. Issue

The International Organization for Migration Privileges and Immunities Order (the “Order”), made pursuant to the Foreign Missions and International Organizations Act, would grant limited privileges and immunities to the organization and its officials. It also grants the IOM legal status in Canada as a legal person.

3. Objectives

• Grant legal status to the IOM and to grant the organization and its officials the privileges and immunities required for the performance of their functions.
• Give effect, in Canada, to the privileges and immunities provisions of the Constitution of the IOM, to which Canada has already become party.

4. Description

The provisions of the Order grant the following privileges and immunities:

(1) The IOM will have, in Canada, the legal capacities of a body corporate.

(2) The IOM will have, in Canada, the privileges and immunities set out in Article II, sections 2, 3, 4 and 5, and Article III of the Convention on the Privileges and Immunities of the United Nations to the extent required for the performance of their functions, including, for example, functional jurisdictional immunity and the inviolability of its premises and archives.

(3) The representatives of Member States of the IOM will have, in Canada, to the extent required for the independent exercise of their functions in connection with the IOM, the privileges and immunities set out in Article IV, paragraph 11(a) to (f) and sections 12, 14, 15 and 16 of the Convention on the Privileges and Immunities of the United Nations, including, for example, functional jurisdictional immunity and exemption from immigration restrictions.

(4) The Director General of the IOM, the Deputy Director General of the IOM and the officials of the IOM will have, in Canada, to the extent required for the independent exercise of their functions in connection with the Organization, the privileges and immunities set forth in Article V, paragraph 18(a), (c), (d), (e) and (f) of the Convention, including, for example, functional jurisdictional immunity and exemption from immigration restrictions.

(5) Experts performing missions for the IOM will have, in Canada, to such extent as may be required for the independent performance of their functions, the privileges and immunities set forth in Article VI of the Convention, including, for example, functional jurisdictional immunity.

5. Consultation

Consultations were carried out between the Department of Foreign Affairs and International Trade (DFAIT), the Department of Citizenship and Immigration (CIC), and the Canada Border Services Agency (CBSA). All consulted departments agreed with the proposed submission.

6. Small business lens

N/A

7. Rationale

The Order in Council grants juridical personality to the IOM and certain, limited privileges and immunities to the IOM, representatives of Member States, and IOM staff. Providing these privileges and immunities is required for IOM’s independent conduct of its functions in Canada. These functions will assist the IOM in implementing the Assisted Voluntary Returns and Reintegration (“AVRR”) Program supported by CIC and CBSA.

The Order in Council gives effect in Canada to provisions of the Constitution of the IOM to which Canada is a party. The IOM Constitution provides that parties must grant privileges and immunities necessary for the IOM to function, as well as legal status allowing the IOM to contract, to acquire property, to receive funds and to institute legal proceedings.

The privileges and immunities that the IOM enjoys pursuant to this Order contain no exemptions from Canadian taxation requirements, and the exemptions from Canadian immigration requirements that they provide apply to a small number of individuals. The relative impact of these privileges and immunities is low in comparison to the benefit of enabling the IOM to implement the AVRR Program supported by CIC and CBSA.

8. Implementation, enforcement and service standards

N/A

9. Contacts

Wendell Sanford
Director
Criminal, Security and Diplomatic Law Division
Department of Foreign Affairs and International Trade
Telephone: 613-995-8508
Email: Wendell.Sanford@international.gc.ca

Tienne Chenier
Manager
Citizenship and Immigration Canada
Telephone: 613-946-1852
Email: Tienne.Chenier@cic.gc.ca

Footnote a
S.C. 2002, c. 12, s. 3(2)

Footnote b
S.C. 2002, c. 12, s. 3(3)

Footnote c
S.C. 1991, c. 41