NATO Climate Change and Security Centre of Excellence Rights, Privileges and Immunities Order: SOR/2023-183

Canada Gazette, Part II, Volume 157, Number 18

Registration
SOR/2023-183 August 17, 2023

PRIVILEGES AND IMMUNITIES (NORTH ATLANTIC TREATY ORGANISATION) ACT

P.C. 2023-829 August 17, 2023

Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, makes the annexed NATO Climate Change and Security Centre of Excellence Rights, Privileges and Immunities Order under sections 4footnote a and 5footnote a of the Privileges and Immunities (North Atlantic Treaty Organisation) Act footnote b.

NATO Climate Change and Security Centre of Excellence Rights, Privileges and Immunities Order

Definitions

Definitions

1 The following definitions apply in this Order.

CCASCOE
means the NATO Climate Change and Security Centre of Excellence. (CECCS)
international personnel
means the personnel assigned to the CCASCOE by a participating NATO member state, other than by Canada. (personnel international)

Rights, Privileges and Immunities

Legal capacity

2 The CCASCOE has the legal capacity of a corporation.

Privileges and immunities

3 (1) The CCASCOE has, to the extent required to perform its functions, the privileges and immunities set out in articles 8 and 12 of the Paris Protocol.

Inviolability

(2) In accordance with article 13 of the Paris Protocol, the archives and other official documents of the CCASCOE are inviolable.

International personnel

4 (1) International personnel have, to the extent required to perform their functions, the following privileges and immunities:

Other individuals

(2) Personnel of Supreme Headquarters or of Allied Headquarters, as defined in paragraphs (b) and (c) of article 1 of the Paris Protocol respectively, and of other international military Headquarters or organizations established under the North Atlantic Treaty also benefit from the privileges and immunities set out in subsection (1), to the extent required to perform their functions.

Waiver

5 (1) Article 6 of the Paris Protocol applies to all indemnity claims in Canada.

Civil liability — international personnel

(2) Sections 15, 17 and 19 of the Visiting Forces Act apply to the CCASCOE with any necessary adaptations.

No tax exemption to Canadians residing in Canada

6 Nothing in this Order exempts a Canadian citizen, residing or ordinarily resident in Canada, from liability for any taxes or duties imposed by any law in Canada.

Coming into Force

Registration

7 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.)

Issues

This Order, which was made under the amended Privileges and Immunities (North Atlantic Treaty Organisation) Act (R.S.C., 1985, c. P-24) [the NATO Act], is required for Canada to host the Climate Change and Security Centre of Excellence (CCASCOE) in Montréal, which is expected to be operational in fall 2023. The Order will give effect to obligations under the Protocol on the Status of International Military Headquarters set up pursuant to the North Atlantic Treaty (the Paris Protocol) and provide the CCASCOE with the status of a legal entity in Canada as well as privileges and immunities for the organization and its international personnel.

The Paris Protocol is the standard instrument governing the North Atlantic Treaty Organisation (NATO) international military organizations and is applied by all other multilateral NATO Centres of Excellence. This Order enables the implementation of Canada’s obligations under the Paris Protocol and will be viewed favourably by NATO, NATO Allies that are members of the CCASCOE, and by other stakeholders.

Canada signed the Paris Protocol in 1952 and is now in the process of ratifying it. A plausible explanation for not having ratified the Paris Protocol is that there were no plans until now for Canada to host a NATO international military headquarters or organization. With Centres of Excellence now treated by NATO as international military organization, and Canada selected as CCASCOE host, ratification is necessary in order to enable the granting of privileges and immunities covered by the Paris Protocol.

Background

NATO has identified climate change as a defining challenge of our time, with a profound impact on Allied security. Canada has committed to launching a new NATO Climate Change and Security Centre of Excellence (CCASCOE), an international military organization established pursuant to the North Atlantic Treaty. The CCASCOE initiative was first announced by Prime Minister Trudeau at the June 2021 NATO Summit. The establishment of the CCASCOE is jointly supported by the ministers of Defence and Foreign Affairs in accordance with their respective Ministerial Mandate Letters.

Canada is the host and lead “Framework Nation” for the CCASCOE, which will be located in Montréal, Quebec. It is expected to launch, at initial operating capacity, in the fall of 2023. Once established, the CCASCOE will provide Allies with a central location to pool their knowledge and develop effective responses to the security impacts of climate change. The CCASCOE will also provide NATO and its Allies with a platform for engagement and outreach with diverse global actors addressing elements of this shared challenge. In addition to Canada, 11 NATO Allies are committed to becoming the founding “Sponsoring Nations” of the CCASCOE. These nations will contribute personnel and financial contributions to support CCASCOE operations.

Objective

The Order is an important step in the establishment of the CCASCOE which will support the already strong and favourable relationship between NATO, NATO Allies and Partners, and the Government of Canada.

The Order grants the CCASCOE the legal capacity of a body corporate in Canada and grants privileges and immunities to the CCASCOE and its international personnel. The privileges and immunities set out in the Order correspond with privileges and immunities set out in the Paris Protocol.

Description

The Order provides the CCASCOE with tax relief for the purpose of facilitating the establishment, construction, maintenance, and operation of the CCASCOE. It also provides its international personnel with an exemption from income tax on salaries and emoluments paid to them by a foreign state, the right to import, free of duty, personal effects and furniture upon first arrival to take up service in Canada at the CCASCOE, as well as the right to temporarily import free of duty their private motor vehicles. Duty and tax relief privileges will not be provided to Canadian citizens residing or ordinarily resident in Canada. International personnel of the CCASCOE is assigned by participating NATO member states and can include military and civilian personnel belonging to the armed forces of the state as well as non-military civilian personnel.

Further, the Order provides the CCASCOE with the right to hold and operate accounts in any currency and with inviolability of its archives and documents.

The Order also provides that claims and liabilities associated with the activities of the organization and its personnel will be handled in accordance with the Paris Protocol. It further provides that officials and personnel of other Supreme Headquarters, Allied headquarters and international military headquarters and organizations enjoy the appropriate privileges and immunities from the Paris Protocol when they are in Canada conducting official business.

Regulatory development

Consultation

This Order, which was made under the NATO Act, primarily impacts the CCASCOE and its international personnel who will be posted in Canada. Eleven NATO Allies have joined Canada as Sponsoring Nations of the CCASCOE and committed to send their personnel to join its staff. Consultations on the Order have taken place between lead departments Global Affairs Canada and the Department of National Defence, and with the Department of Finance on the tax and duty elements.

The Order is not expected to have an impact on additional stakeholders and, therefore, no further consultations were undertaken.

Modern treaty obligations and Indigenous engagement and consultation

An initial assessment of the geographic scope and subject matter of the Order did not identify any modern treaty obligations.

Instrument choice

An order under the amended NATO Act is the only mechanism through which Canada can provide privileges and immunities to the CCASCOE as an international military organization, and to its international personnel.

Regulatory analysis

Benefits and costs

There are no financial implications associated with the Order.

Small business lens

Analysis under the small business lens determined that the Order will not impact small businesses in Canada.

One-for-one rule

The one-for-one rule does not apply to the Order, as there is no change in administrative costs or burden to business.

Regulatory cooperation and alignment

This Order is necessary to give effect to obligations under the Paris Protocol, which Canada is in the process of ratifying, and to provide the CCASCOE with legal capacity in Canada as well as privileges and immunities for the organization and its international personnel. The privileges and immunities extended to the CCASCOE and its international personnel through this Order correspond with those set out in the Paris Protocol.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

The Order will only affect the international personnel of the CCASCOE and their dependents and, therefore, will not have wider gender-based analysis plus (GBA+) implications.

Contact

Sara Rose-Carswell
Senior Officer
Climate and Security
Defence and Security Relations (IGR)
Global Affairs Canada
Telephone: 613‑790‑8167
Email: sara.rose-carswell@international.gc.ca