Foreign Missions and International Organizations Act (S.C. 1991, c. 41)

PART IVGeneral

Offences

Marginal note:Premises

7 Everyone who represents any premises in Canada as a diplomatic mission or a consular post, or as an office of a political subdivision of a foreign state, where those premises do not constitute

• (a) a diplomatic mission established in accordance with Article 2 of the Vienna Convention on Diplomatic Relations,

• (b) a consular post established in accordance with paragraph 1 of Article 4 of the Vienna Convention on Consular Relations, or

• (c) an office of a political subdivision of a foreign state,

as the case may be, commits an offence.

Marginal note:Punishment

8 Everyone who commits an offence under section 7

• (a) is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding six months, or to both; or

• (b) is guilty of an indictable offence and is liable to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding five years, or to both.

Marginal note:Consent of Attorney General of Canada required

9 Proceedings in respect of an offence under section 7 may not be instituted without the consent of the Attorney General of Canada.

Marginal note:Forfeiture on conviction

• 10 (1) Where a person has been convicted of an offence under section 7, the court may, in addition to any other punishment imposed, order that any thing or document by means of or in relation to which the offence was committed that was seized in connection with proceedings instituted with respect to that offence be forfeited to Her Majesty in right of Canada.

• Marginal note:Disposal of forfeited items

  (2) Any thing or document forfeited under subsection (1) may be disposed of in such manner as the Minister of Foreign Affairs may direct.

Security of Intergovernmental Conferences

Marginal note:Role of RCMP

• 10.1 (1) The Royal Canadian Mounted Police has the primary responsibility to ensure the security for the proper functioning of any intergovernmental conference in which two or more states participate, that is attended by persons granted privileges and immunities under this Act and to which an order made or continued under this Act applies.

• Marginal note:Powers of RCMP

  (2) For the purpose of carrying out its responsibility under subsection (1), the Royal Canadian Mounted Police may take appropriate measures, including controlling, limiting or prohibiting access to any area to the extent and in a manner that is reasonable in the circumstances.

• Marginal note:For greater certainty

  (3) The powers referred to in subsection (2) are set out for greater certainty and shall not be read as affecting the powers that peace officers possess at common law or by virtue of any other federal or provincial Act or regulation.

• Marginal note:Arrangements

  (4) Subject to subsection (1), to facilitate consultation and cooperation between the Royal Canadian Mounted Police and provincial and municipal police forces, the Minister of Public Safety and Emergency Preparedness may, with the approval of the Governor in Council, enter into arrangements with the government of a province concerning the responsibilities of members of the Royal Canadian Mounted Police and members of provincial and municipal police forces with respect to ensuring the security for the proper functioning of a conference referred to in that subsection.

Certificate

Marginal note:Certificate of Minister of Foreign Affairs

11 A certificate purporting to be issued by or under the authority of the Minister of Foreign Affairs and containing any statement of fact relevant to any of the following questions shall be received in evidence in any action or proceeding as proof of the fact stated in the certificate without proof of the signature or official character of the person appearing to have signed the certificate:

• (a) whether a diplomatic mission, a consular post or an office of a political subdivision of a foreign state has been established with the consent of the Government of Canada;

• (b) whether an organization or conference is the subject of an order under section 5;

• (c) whether a mission is accredited to an international organization;

• (d) whether any premises or archives are the premises or archives of an office of a political subdivision of a foreign state; or

• (e) whether any person, diplomatic mission, consular post, office of a political subdivision of a foreign state, international organization or accredited mission has privileges, immunities or benefits under this Act.

Importation of Alcohol

Marginal note:Importation of alcohol

11.1 For greater certainty,

• (a) a person who, or a diplomatic mission, consular post, accredited mission or office of a political subdivision of a foreign state that, has privileges and immunities that are comparable to the privileges and immunities accorded under Article 36 of the Vienna Convention on Diplomatic Relations or Article 50 of the Vienna Convention on Consular Relations may, despite any provision of the Importation of Intoxicating Liquors Act, exercise those privileges and benefit from those immunities in respect of alcohol imported for their personal consumption or official use, as the case may be; and

• (b) an international organization that has privileges and immunities that are comparable to the privileges and immunities accorded under Section 7 of Article II of the Convention on the Privileges and Immunities of the United Nations may, despite any provision of the Importation of Intoxicating Liquors Act, exercise those privileges and benefit from those immunities in respect of alcohol imported for its official use.

Regulations and Orders

Marginal note:Regulations

• 12 (1) The Governor in Council may make such regulations and orders as are necessary for the purpose of giving effect to any of the provisions that have the force of law pursuant to section 3.

• Marginal note:Idem

  (2) The Governor in Council may make regulations

  • (a) setting out the benefits that may be granted for the purposes of subsections 4(1) and 6(1); and

  • (b) respecting the steps to be taken, and the times at which they are to be taken, for the purposes of compliance with Article 22 of the Vienna Convention on Diplomatic Relations and Article 59 of the Vienna Convention on Consular Relations.

Marginal note:Regulations

• 13 (1) The Governor in Council may make such regulations as are necessary for the purpose of clarifying, in relation to section 5, the application of provisions of the Convention on the Privileges and Immunities of the United Nations.

• Marginal note:Application of regulations

  (2) For greater certainty, regulations made under subsection (1) apply in respect of orders made under section 5 whether made before or after the coming into force of this section.

• Marginal note:Amendment to Schedule IV

  (3) For the purpose of paragraph 5(1)(h.1), the Governor in Council may, by order, add to or delete from Schedule IV a reference to a treaty, convention or agreement, or amend a reference in that Schedule.

Repeals

14 and 15 [Repeals]

Transitional

Marginal note:Regulations and orders remain in effect

16 Every regulation and order made under the Diplomatic and Consular Privileges and Immunities Act or the Privileges and Immunities (International Organizations) Act that is in force immediately before the coming into force of this Act shall be deemed to have been made under this Act and shall remain in force until it is repealed or amended pursuant to this Act.

Coming into Force

Marginal note:Coming into force

Footnote ^*17 This Act shall come into force on a day to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act in force December 16, 1991, see SI/92-5.]