Vol. 150, No. 13 — June 29, 2016

Registration

SOR/2016-148 June 14, 2016

FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT

North American Leaders’ Summit 2016 — Privileges and Immunities Order

P.C. 2016-517 June 14, 2016

His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to paragraph 5(1)(c) (see footnote a) of the Foreign Missions and International Organizations Act (see footnote b), makes the annexed North American Leaders’ Summit 2016 — Privileges and Immunities Order.

North American Leaders’ Summit 2016 — Privileges and Immunities Order

Interpretation

1 In this Order, Summit means the intergovernmental conference known as the North American Leaders’ Summit, to be held in the National Capital Region on June 29, 2016.

Privileges and Immunities

2 On June 29, 2016, representatives of foreign states that participate in the Summit shall have in Canada, to the extent required for the exercise of their functions in Canada in relation to the Summit, the privileges and immunities set out in sections 11(b) and (e) and 14 to 16 of Article IV of the Convention on the Privileges and Immunities of the United Nations set out in Schedule III to the Foreign Missions and International Organizations Act.

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

Leaders from Canada, the United States and Mexico have met regularly since 2005 for the North American Leaders’ Summit (NALS) to discuss areas for trilateral cooperation. Prime Minister Trudeau announced during his official visit to Washington, D.C. (March 10 and 11, 2016) that the Summit would be held in Canada in summer 2016, in fulfilment of the commitment made at the last NALS (February 2014 in Toluca, Mexico) that Canada would host the next meeting.

The next NALS will thus be held in the National Capital Region on June 29, 2016. Areas for discussion are likely to reflect historically key themes for the leaders: climate change, environment and energy; North American competitiveness; regional and global issues; and security and defence.

2. Issues

The North American Leaders’ Summit 2016 — Privileges and Immunities Order (the Order), made pursuant to paragraph 5(1)(c) of the Foreign Missions and International Organizations Act (FMIOA), will grant limited privileges and immunities to foreign State representatives attending the meeting. As a result, the Royal Canadian Mounted Police (RCMP) will assume the primary responsibility to ensure the security for the proper functioning of this international meeting, through the operation of subsection 10.1(1) of the FMIOA.

3. Objectives

The Order grants limited privileges to foreign state representatives not otherwise protected under customary international law during their attendance at the NALS in the National Capital Region on June 29, 2016. With the issuance of the Order, the RCMP assumes the primary responsibility of ensuring the security for the proper functioning of the international meeting through the operation of subsection 10.1(1) of the FMIOA.

4. Description

The Order grants to foreign state representatives not otherwise protected under customary international law the privileges and immunities set out in paragraphs 11(b) and (e) and sections 14 to 16 of Article IV of the Convention on the Privileges and Immunities of the United Nations to the extent required for the exercise of their functions, namely inviolability of their papers and documents and facilities in respect of currency or exchange restrictions. With the issuance of the Order, the RCMP assumes the primary responsibility for ensuring the security of the meeting, in accordance with subsection 10.1(1) of the FMIOA.

5. “One-for-One” Rule

The “One-for-One” Rule does not apply to this Order, as there is no change in administrative costs to business.

6. Small business lens

The small business lens does not apply to this Order, as there are no costs on small business and small businesses would not be disproportionately affected.

7. Consultation

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

8. Rationale

The Order grants limited privileges and immunities to foreign state representatives that are not otherwise protected under customary international law during their attendance at the NALS. With the issuance of the Order, subsection 10.1(1) of the FMIOA operates to grant the RCMP primary responsibility to ensure the security for the proper functioning of the international meeting.

9. Contact

Daniel Desfossés
Director
Summits, Official Events and Management Services
Global Affairs Canada
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 343-203-0803
Email: daniel.desfosses@international.gc.ca