Northwest Atlantic Fisheries Organization Privileges and Immunities Order, 2023 (SOR/2023-63)

Definitions

Marginal note:Definitions

1 The following definitions apply in this Order.

Agreement

Agreement means the Headquarters Agreement between the Government of Canada and the Northwest Atlantic Fisheries Organization, done in duplicate at Ottawa on June 5, 2019 and at Miquelon on June 13, 2019. (Accord)

Convention

Convention means the Convention on the Privileges and Immunites of the United Nations, set out in Schedule III to the Foreign Missions and International Organizations Act. (Convention)

Organization

Organization means the Northwest Atlantic Fisheries Organization within the meaning of the definition NAFO in paragraph (b) of Article 1 of the Agreement and within the meaning of Article V of the Convention on Cooperation in the Northwest Atlantic Fisheries. (Organisation)

Privileges and Immunities

Marginal note:Legal capacities

• 2 (1) The Organization has, to the extent set out in Article 2 of the Agreement, the legal capacities of a body corporate.

• Marginal note:Organization

  (2) The Organization has, to the extent set out in Articles 3 to 8 of the Agreement, the privileges and immunities set out in Articles II and III of the Convention.

• Marginal note:Representatives of members

  (3) Representatives of foreign states who are members of the Organization that are referred to in paragraph (c) of Article 1 of the Agreement have in Canada to the extent specified in Articles 9 to 11 of the Agreement, the privileges and immunities set out in Article IV of the Convention.

• Marginal note:Officials

  (4) Officials of the Organization that are referred to in paragraph (d) of Article 1 of the Agreement have in Canada to the extent specified in Articles 12 and 13 of the Agreement, the privileges and immunities set out in Article V of the Convention.

• Marginal note:Experts

  (5) Experts who perform missions for the Organization have in Canada to the extent specified in Articles 15 and 16 of the Agreement, the privileges and immunities set out in Article VI of the Convention.

• Marginal note:Not for personal benefit

  (6) The privileges and immunities described in subsections (3) to (5) are not granted for the personal benefit of the representative, official or expert, as the case may be, but rather are granted so that they may exercise their functions independently in connection with the Organization and in the interests of the Organization.

• Marginal note:Taxes or duties

  (7) 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.

Repeal

3 [Amendments]

Coming into Force

Marginal note:On day of the coming into force of Agreement

Footnote ^*4 This Order comes into force on the day on which the Headquarters Agreement between the Government of Canada and the Northwest Atlantic Fisheries Organization, done at Ottawa on June 5, 2019 and at Miquelon on June 13, 2019 enters into force, but if it is registered after that day, it comes into force on the day on which it is registered.

• Return to footnote ^*[Note: Order in force March 28, 2023.]