United Nations University International Network on Water, Environment and Health: Privileges and Immunities Order: SOR/2018-36

Canada Gazette, Part II: Volume 152, Number 6

Registration

March 7, 2018

FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT

P.C. 2018-198 March 6, 2018

Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs and the Minister of Finance, pursuant to subsections 5(1) ^{footnote a} and (2) ^{footnote b} and 13(3) ^{footnote c} of the Foreign Missions and International Organizations Act ^{footnote d}, makes the annexed United Nations University International Network on Water, Environment and Health – Privileges and Immunities Order.

United Nations University International Network on Water, Environment and Health – Privileges and Immunities Order

Interpretation

Definitions

1 The following definitions apply in this Order.

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

Agreement means the Agreement Between the Government of Canada and the United Nations University Concerning the United Nations University International Network on Water, Environment and Health set out in Schedule IV to the Act. (Accord)

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

Director has the meaning assigned by the definition “the Director” in Article I of the Agreement. (Directeur)

experts has the same meaning as in Article I of the Agreement. (experts)

International Network on Water, Environment and Health or INWEH has the same meaning as in Article I of the Agreement. (Réseau international pour l’eau, l’environnement et la santé ou RIEES)

officials has the same meaning as in Article I of the Agreement. (fonctionnaires)

personnel of INWEH has the same meaning as in Article I of the Agreement. (personnel du RIEES)

University has the meaning assigned by the definition “the University” in Article I of the Agreement. (Université)

Vienna Convention means the Vienna Convention on Diplomatic Relations set out in Schedule I to the Act. (Convention de Vienne)

Privileges and Immunities

INWEH

2 (1) INWEH shall have the legal capacity of a body corporate and the privileges and immunities set out in Articles II and III of the United Nations Convention.

Director and family

(2) The Director and members of his or her family that form part of his or her household, unless they are Canadian citizens or permanent residents in Canada as defined by applicable Canadian legislation, shall have privileges and immunities comparable to those accorded to diplomatic agents, and members of their families forming part of their households, under the Vienna Convention.

Officials of the University – Section 19

(3) Officials of the University within the scope of Section 19 of Article V of the United Nations Convention and members of their families that form part of their households shall have, to the extent set out in Sections 18 and 19 of Article V and Article VII of the United Nations Convention, the privileges and immunities comparable to those accorded to diplomatic agents, and members of their families forming part of their households, under the Vienna Convention.

Officials of the University

(4) Officials of the University shall have the privileges and immunities set out in Section 18 of Article V of the United Nations Convention.

Experts

(5) Experts of the University shall have the privileges and immunities set out in Article VI of the United Nations Convention.

Personnel of INWEH

(6) Personnel of INWEH shall have, to the extent set out in section 4 of Article IX of the Agreement, privileges and immunities comparable to those accorded to diplomatic agents under Articles 31 and 35 and paragraph (1)(b) of Article 36 of the Vienna Convention.

Consequential Amendment to the Foreign Missions and International Organizations Act

3 Schedule IV to the Foreign Missions and International Organizations Act ^{footnote 1} is amended by adding the following in alphabetical order:

Agreement Between the Government of Canada and the United Nations University Concerning the United Nations University International Network on Water, Environment and Health

Accord entre le Gouvernement du Canada et l’Université des Nations Unies concernant le Réseau international pour l’eau, l’environnement et la santé de l’Université des Nations Unies

Coming into Force

Registration

4 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

The United Nations University (UNU) is a global think tank and postgraduate teaching organization, whose mission is to contribute, through collaborative research and education, to the resolution of pressing global problems of human survival, development, and welfare that are of concern to the United Nations. In particular, the International Network on Water, Environment and Health (INWEH), hosted by McMaster University in Hamilton, Ontario, contributes to the resolution of global water challenges, and conceives, develops, and manages water initiatives that help developing countries build capacity for lasting improvements in human and ecosystem health, as well as in the overall reduction in poverty.

Canada’s offer to host the UNU-INWEH was accepted by the UNU Council during its forty-second session, which took place from December 4 to 8, 1995. The Agreement Between the Government of Canada and the United Nations University Concerning the United Nations University International Network on Water, Environment and Health (Headquarters Agreement) was signed on September 20, 1996, and entered into force the same day.

Issues

Pursuant to the Headquarters Agreement, Canada is required to grant certain privileges and immunities to the UNU-INWEH, including its officials, personnel, and experts.

Canada’s obligations toward the UNU-INWEH are partially implemented through the Privileges and Immunities Accession Order (United Nations). The Headquarters Agreement also includes provisions for the privileges and immunities of members of the UNU-INWEH personnel.

Objectives

To grant the UNU-INWEH, its officials, personnel, and experts privileges and immunities required under the Headquarters Agreement through the United Nations University International Network on Water, Environment and Health – Privileges and Immunities Order (Order).

Description

The Order grants the following privileges and immunities:

(1) The UNU-INWEH will have in Canada the legal capacities of a body corporate and the privileges and immunities set out in Articles II and III of the Convention on the Privileges and Immunities of the United Nations (Convention). This will include immunity of its property and assets from legal process; inviolability of any premises, property, assets, and archives; and the right to unfettered communications. This means that the UNU-INWEH will have the legal capacity to enter into contracts and act as any other legally incorporated entity in Canada. Immunity of property and assets from legal process means that the UNU-INWEH property and assets will not be subject to seizure or enforcement. Inviolability of the premises means that Canadian authorities would be unable to enter into or search the premises of the UNU-INWEH without its consent; similarly, the property, assets, and archives of the UNU-INWEH cannot be searched, seized, attached, detained, or compelled for production without the consent of the UNU-INWEH.

(2) Officials of the UNU-INWEH will have in Canada the privileges and immunities as set out in Section 18 of Article V and Article VII of the Convention. These include immunity from legal proceedings for acts performed in their official capacity; exemption from taxation on salaries and emoluments paid to them by the United Nations; exemption from immigration restrictions; and exemption from customs duties on the importation of furniture and effects at the time of first installation into Canada. Immunity from legal proceedings means that the UNU-INWEH officials cannot be subject to civil, administrative, or criminal claims regarding words spoken or written and acts performed in the course of their official functions. Exemption from immigration restrictions means that any inadmissibility that would otherwise be applicable under Canadian immigration legislation and regulations would not be applicable to officials of the UNU-INWEH.

(3) Officials of the UNU-INWEH, within the scope of Section 19 of Article V of the Convention, shall enjoy such privileges and immunities as provided by Sections 18 and 19 of Article V and Article VII of the Convention. Section 19 provides that, in addition to the privileges and immunities specified in Section 18, certain senior officials are accorded in respect of themselves, their spouses, and minor children the privileges, immunities, exemptions, and facilities accorded to diplomatic envoys in accordance with international law. The privileges and immunities accorded to diplomatic envoys under international law include personal inviolability ^{footnote 2} and the inviolability of their residences, personal property, and papers; immunity from legal process in respect of all acts, not just those performed in their official capacity; the ability to import articles for their personal use, free of customs duties and taxes; and the exemption of their personal baggage from customs inspection. Article VII of the Convention provides for the use of the United Nations laissez-passer — an alternative travel document to a national passport.

(4) The Director and his or her spouse and relatives dependent on him or her, unless they are Canadian citizens or permanent residents of Canada as defined by applicable Canadian legislation, will have the same privileges and immunities as are enjoyed by diplomatic agents and their families in Canada. These include immunity from Canada’s civil, administrative, and criminal jurisdiction; inviolability of person, property, and residence; and exemption from most taxes and duties.

(5) Personnel of the UNU-INWEH will have in Canada the privileges and immunities as set out in Articles 31 and 35, and paragraph (1)(b) of Article 36 of the Vienna Convention on Diplomatic Relations (1961), to the extent specified in the Headquarters Agreement: that is, immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity; immunity from national service obligations unless they are Canadian citizens or permanent residents of Canada, as defined by applicable Canadian legislation; and the right to import free of duty any furniture and effects at the time of first installation into Canada.

(6) Experts of the UNU-INWEH will have in Canada the privileges and immunities provided for in Article VI of the Convention. These include: immunity from personal arrest or detention and from seizure of personal baggage; immunity from legal process of any kind in respect of words spoken or written and acts performed in the course of their official duties; inviolability of papers and documents; and the same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys.

In accordance with subsection 5(3) of the Foreign Missions and International Organizations Act, nothing in the Order exempts a Canadian citizen, residing or ordinarily resident in Canada, from liability for any Canadian taxes or duties.

“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 to this proposal, as there are no costs on small businesses, and small businesses would not be disproportionately affected.

Consultation

No public consultations were undertaken, as the proposed submissions simply enable the Government of Canada to meet its obligations toward the UNU-INWEH.

Rationale

The Headquarters Agreement between Canada and the UNU-INWEH entered into force on September 20, 1996. In order to fulfill its treaty obligations, Canada is required to grant legal status to the UNU-INWEH and to grant the UNU-INWEH officials, personnel, and experts on mission privileges and immunities under the Headquarters Agreement. This Order will implement the relevant privileges and immunities authorized by the Foreign Missions and International Organizations Act.

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