State Immunity Act

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waived its immunity from attachment, execution, arrest, detention, seizure or forfeiture, unless the foreign state has withdrawn the waiver of immunity in accordance with any term thereof that permits such withdrawal;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.