Vol. 144, No. 11 — May 26, 2010

Registration

SOR/2010-109 May 13, 2010

FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT

Order Amending the 19th Meeting of the Parties to the Montreal Protocol Privileges and Immunities Order

P.C. 2010-579 May 13, 2010

Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to section 5 (see footnote a) of the Foreign Missions and International Organizations Act (see footnote b), hereby makes the annexed Order Amending the 19th Meeting of the Parties to the Montreal Protocol Privileges and Immunities Order.

ORDER AMENDING THE 19TH MEETING OF THE PARTIES TO THE MONTREAL PROTOCOL PRIVILEGES AND IMMUNITIES ORDER

AMENDMENT

1. Subsection 2(3) of the 19th Meeting of the Parties to the Montreal Protocol Privileges and Immunities Order (see footnote 1) is replaced by the following:

(3) During the relevant period, experts performing missions for the Organization shall have in Canada, to the extent that may be required for the exercise of their functions in Canada in relation to the meeting and preparatory meetings, the privileges and immunities set out in Article VI of the Convention.

COMING INTO FORCE

2. 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.)

Issue and objectives

The 19th Meeting of the Parties to the Montreal Protocol Privileges and Immunities Order (SOR/2007-123), which came into force on June 7, 2007, grants experts performing missions for the Organization the privileges set out in section 26 of Article VII of the Convention on the Privileges and Immunities of the United Nations. The Convention is found in Schedule III to the Foreign Missions and International Organizations Act. The Act does not provide for granting such privileges to experts by order.

The Order Amending the 19th Meeting of the Parties to the Montreal Protocol Privileges and Immunities Order corrects this error raised by the Standing Joint Committee for the Scrutiny of Regulations by abrogating from subsection 2(3) of the Order made in 2007 the reference therein to section 26 of Article VII of the Convention on the Privileges and Immunities of the United Nations.

The Standing Joint Committee for the Scrutiny of Regulations, comprised of members of Parliament and senators, is responsible for the parliamentary review of regulations.

Description and rationale

Pursuant to paragraph 5(1)(h) of the Foreign Missions and International Organizations Act, the Governor in Council may, by order, provide that such experts as may be designated by the Governor in Council who perform missions for an international organization shall, to the extent specified in the order, have the privileges and immunities set out in Article VI of the Convention.

Subsection 2(3) of the Order made in 2007 gives experts who are working under the Montreal Protocol and whose identities are communicated to the Government of Canada by the Meeting of the Parties or the Secretariat not only the privileges and immunities set out in Article VI of the Convention on the Privileges and Immunities of the United Nations, but also the facilities set out in section 26 of Article VII of the Convention, even in the absence of an enabling provision to that effect in the Act. For example, experts’ applications for visas are to be dealt with as speedily as possible and such persons are to be granted facilities for speedy travel. In the absence of an enabling provision in the Act, this privilege cannot be granted to experts. The Order must therefore be amended accordingly.

Consultation

Representatives of the Department of Finance were consulted.

Contact

Hugh Adsett
Director
Criminal, Security and Diplomatic Law Division
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613-995-8508
Fax: 613-944-0870

Footnote a
S.C. 2002, c. 12, ss. 3 and 10

Footnote b
S.C. 1991, c. 41

Footnote 1
SOR/2007-123

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