SOR/94-56319948

16

20196

22

FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACTICAO Privileges and Immunities OrderOrder Respecting the Privileges and Immunities in Canada of the International Civil Aviation Organization (ICAO)P.C.1994-1364  19948

16

His Excellency the Governor General in Council, on the recommendation of the Secretary of State for External Affairs and the Minister of Finance, pursuant to section 5 of the Foreign Missions and International Organizations Act*, is pleased hereby to repeal the International Civil Aviation Organization Privileges and Immunities Order, C.R.C., c. 1313, and to make the annexed Order respecting the privileges and immunities in Canada of the International Civil Aviation Organization (ICAO), in substitution therefor.*S.C. 1991, c. 41Short Title

1This Order may be cited as the ICAO Privileges and Immunities Order.

Interpretation

2In this Order,accredited ICAO mission means a permanent mission of a foreign state that is accredited to ICAO in Canada. (mission accréditée auprès de l’OACI)Agreement means the Headquarters Agreement between the Government of Canada and the International Civil Aviation Organization, signed at Calgary and Montreal on October 4 and 9, 1990 and in force since February 20, 1992; (Accord)Convention means the Convention on the Privileges and Immunities of the United Nations; (Convention)ICAO means the International Civil Aviation Organization; (OACI)Vienna Convention means the Vienna Convention on Diplomatic Relations. (Convention de Vienne) SOR/2003-326, s. 1

Privileges and Immunities

3(1)ICAO shall have in Canada the legal capacities of a body corporate and, to the extent specified in Articles 2, 3, 4(1) to (3), 5, 6, 8 and 9 of the Agreement, the privileges and immunities set out in Articles II and III of the Convention.(2)Permanent representatives of foreign states that are members of ICAO and members of their families forming part of their households shall have in Canada, to the extent specified in Articles 12, 15 and 23 of the Agreement, privileges and immunities comparable to the privileges and immunities accorded in Canada to diplomatic representatives, and members of their families forming part of their households, under the Vienna Convention.(3)Other representatives of foreign states that are members of ICAO shall have in Canada, to the extent specified in Articles 13(a) to (f), 16 and 23 of the Agreement, the privileges and immunities accorded in Canada to diplomatic representatives under the Vienna Convention.(4)Members of the administrative and technical staff, and members of their families forming part of their households, and the service staff of the mission of a member state of ICAO, other than persons who are Canadian citizens or permanent residents of Canada, shall have in Canada, to the extent specified in Articles 14 and 17 of the Agreement, privileges and immunities comparable to the privileges and immunities accorded in Canada to such persons under the Vienna Convention.(5)The President of the Council and the Secretary General, the Deputy Secretary General and the Assistant Secretaries General of ICAO, officers of equivalent ranks, and officials belonging to senior categories occupying posts at the P-4 level or higher, and members of their families forming part of their households, shall have in Canada, to the extent specified in Articles 19, 21, 24 and 25 of the Agreement, privileges and immunities accorded in Canada to diplomatic agents, and members of their families forming part of their households, under the Vienna Convention.(6)Officials of ICAO other than those referred to in subsection (5) shall have in Canada, to the extent specified in Articles 20, 21, 24 and 25 of the Agreement, the privileges and immunities set out in section 18 of Article V of the Convention.SOR/2003-110, s. 5

Privileges and Immunities — Accredited ICAO Missions

4Accredited ICAO missions shall have, in Canada, the full extent of privileges and immunities accorded, under the Vienna Convention, to diplomatic missions of foreign states in Canada.SOR/2003-326, s. 2

5Accredited ICAO missions shall have, in Canada, with respect to the period beginning on January 1, 1991 and ending on December 31, 2000, those tax relief privileges in relation to Part IX of the Excise Tax Act that are accorded, under the Vienna Convention, to diplomatic missions of foreign states in Canada.SOR/2003-326, s. 2