State Immunity Act (R.S.C., 1985, c. S-18)

Marginal note:Default judgment

• 10 (1) Where, in any proceedings in a court, service of an originating document has been made on a foreign state in accordance with subsection 9(1), (3) or (4) and the state has failed to take, within the time limited therefor by the rules of the court or otherwise by law, the initial step required of a defendant or respondent in those proceedings in that court, no further step toward judgment may be taken in the proceedings except after the expiration of at least sixty days following the date of service of the originating document.

• Marginal note:Idem

  (2) Where judgment is signed against a foreign state in any proceedings in which the state has failed to take the initial step referred to in subsection (1), a certified copy of the judgment shall be served on the foreign state

  • (a) where service of the document that originated the proceedings was made on an agency of the foreign state, in such manner as is ordered by the court; or

  • (b) in any other case, in the manner specified in paragraph 9(1)(c) as though the judgment were an originating document.

• Marginal note:Idem

  (3) Where, by reason of subsection (2), a certified copy of a judgment is required to be served in the manner specified in paragraph 9(1)(c), subsections 9(2) and (5) apply with such modifications as the circumstances require.

• Marginal note:Application to set aside or revoke default judgment

  (4) A foreign state may, within sixty days after service on it of a certified copy of a judgment under subsection (2), apply to have the judgment set aside or revoked.

Marginal note:No injunction, specific performance, etc., without consent

• 11 (1) Subject to subsection (3), no relief by way of an injunction, specific performance or the recovery of land or other property may be granted against a foreign state unless the state consents in writing to that relief and, where the state so consents, the relief granted shall not be greater than that consented to by the state.

• Marginal note:Submission not consent

  (2) Submission by a foreign state to the jurisdiction of a court is not consent for the purposes of subsection (1).

• Marginal note:Exception

  (3) This section does not apply either to an agency of a foreign state or to a foreign state that is set out on the list referred to in subsection 6.1(2) in respect of an action brought against that foreign state for its support of terrorism or its terrorist activity.

Marginal note:Execution

• 12 (1) Subject to subsections (2) and (3), property of a foreign state that is located in Canada is immune from attachment and execution and, in the case of an action in rem, from arrest, detention, seizure and forfeiture except where

  • (a) the state has, either explicitly or by implication, waived its immunity from attachment, execution, arrest, detention, seizure or forfeiture, unless the foreign state has withdrawn the waiver of immunity in accordance with any term thereof that permits such withdrawal;

  • (b) the property is used or is intended to be used for a commercial activity or, if the foreign state is set out on the list referred to in subsection 6.1(2), is used or is intended to be used by it to support terrorism or engage in terrorist activity;

  • (c) the execution relates to a judgment establishing rights in property that has been acquired by succession or gift or in immovable property located in Canada, or

  • (d) the foreign state is set out on the list referred to in subsection 6.1(2) and the attachment or execution relates to a judgment rendered in an action brought against it for its support of terrorism or its terrorist activity and to property other than property that has cultural or historical value.

• Marginal note:Property of an agency of a foreign state is not immune

  (2) Subject to subsection (3), property of an agency of a foreign state is not immune from attachment and execution and, in the case of an action in rem, from arrest, detention, seizure and forfeiture, for the purpose of satisfying a judgment of a court in any proceedings in respect of which the agency is not immune from the jurisdiction of the court by reason of any provision of this Act.

• Marginal note:Military property

  (3) Property of a foreign state

  • (a) that is used or is intended to be used in connection with a military activity, and

  • (b) that is military in nature or is under the control of a military authority or defence agency

  is immune from attachment and execution and, in the case of an action in rem, from arrest, detention, seizure and forfeiture.

• Marginal note:Property of a foreign central bank immune

  (4) Subject to subsection (5), property of a foreign central bank or monetary authority that is held for its own account and is not used or intended for a commercial activity is immune from attachment and execution.

• Marginal note:Waiver of immunity

  (5) The immunity conferred on property of a foreign central bank or monetary authority by subsection (4) does not apply where the bank, authority or its parent foreign government has explicitly waived the immunity, unless the bank, authority or government has withdrawn the waiver of immunity in accordance with any term thereof that permits such withdrawal.

Marginal note:Assistance for judgment creditors

• 12.1 (1) At the request of any party in whose favour a judgment is rendered against a foreign state in proceedings referred to in section 6.1, the Minister of Finance or the Minister of Foreign Affairs may, within the confines of his or her mandate, assist, to the extent that is reasonably practical, any judgment creditor in identifying and locating the following property, unless the Minister of Foreign Affairs believes that to do so would be injurious to Canada’s international relations or either Minister believes that to do so would be injurious to Canada’s other interests:

  • (a) in the case of the Minister of Finance, the financial assets of the foreign state that are held within Canadian jurisdiction; and

  • (b) in the case of the Minister of Foreign Affairs, the property of the foreign state that is situated in Canada.

• Marginal note:Disclosure of information

  (2) In exercising the power referred to in subsection (1), the Minister of Finance or the Minister of Foreign Affairs, as the case may be, may not disclose

  • (a) information that was produced in or for a government institution, without the authorization of the government institution; and

  • (b) information produced in circumstances other than those referred to in paragraph (a), without the authorization of the government institution that first received the information.

• Definition of government institution

  (3) In subsection (2), government institution means any department, branch, office, board, agency, commission, corporation or other body for the administration or affairs of which a minister is accountable to Parliament.

Marginal note:No fine for failure to produce

• 13 (1) No penalty or fine may be imposed by a court against a foreign state for any failure or refusal by the state to produce any document or other information in the course of proceedings before the court.

• Marginal note:Exception

  (2) Subsection (1) does not apply either to an agency of a foreign state or to a foreign state that is set out on the list referred to in subsection 6.1(2) in respect of an action brought against that foreign state for its support of terrorism or its terrorist activity.

General

Marginal note:Certificate is conclusive evidence

• 14 (1) A certificate issued by the Minister of Foreign Affairs, or on his behalf by a person authorized by him, with respect to any of the following questions, namely,

  • (a) whether a country is a foreign state for the purposes of this Act,

  • (b) whether a particular area or territory of a foreign state is a political subdivision of that state, or

  • (c) whether a person or persons are to be regarded as the head or government of a foreign state or of a political subdivision of the foreign state,

  is admissible in evidence as conclusive proof of any matter stated in the certificate with respect to that question, without proof of the signature of the Minister of Foreign Affairs or other person or of that other person’s authorization by the Minister of Foreign Affairs.

• Marginal note:Idem

  (2) A certificate issued by the Deputy Minister of Foreign Affairs, or on his behalf by a person designated by him pursuant to subsection 9(2), with respect to service of an originating or other document on a foreign state in accordance with that subsection is admissible in evidence as conclusive proof of any matter stated in the certificate with respect to that service, without proof of the signature of the Deputy Minister of Foreign Affairs or other person or of that other person’s authorization by the Deputy Minister of Foreign Affairs.

Marginal note:Governor in Council may restrict immunity by order

15 The Governor in Council may, on the recommendation of the Minister of Foreign Affairs, by order restrict any immunity or privileges under this Act in relation to a foreign state where, in the opinion of the Governor in Council, the immunity or privileges exceed those accorded by the law of that state.

Marginal note:Inconsistency

16 If, in any proceeding or other matter to which a provision of this Act and a provision of the Extradition Act, the Visiting Forces Act or the Foreign Missions and International Organizations Act apply, there is a conflict between those provisions, the provision of this Act does not apply in the proceeding or other matter to the extent of the conflict.

Marginal note:Rules of court not affected

17 Except to the extent required to give effect to this Act, nothing in this Act shall be construed or applied so as to negate or affect any rules of a court, including rules of a court relating to service of a document out of the jurisdiction of the court.

Marginal note:Application

18 This Act does not apply to criminal proceedings or proceedings in the nature of criminal proceedings.