North Atlantic Treaty Organisation Privileges and Immunities Order (SOR/2024-126)

Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in this Order.

  international civilian personnel

  international civilian personnel  means personnel — recruited from among the nationals of a party to the North Atlantic Treaty — who are appointed to the Organisation, assigned to international posts appearing on the approved establishment of a subsidiary body of the Organisation and subject to the Organisation’s Civilian Personnel Regulations, as amended from time to time. (personnel civil international)

  military personnel

  military personnel means military personnel of a force of a party to the North Atlantic Treaty, including its civilian component, who are attached for administrative service with the Organisation.  (personnel militaire)

  Organisation

  Organisation means the North Atlantic Treaty Organisation and subsidiary bodies set up by the Council under Article 9 of the North Atlantic Treaty, other than military headquarters.  (Organisation)

  Status of Forces Agreement

  Status of Forces Agreement means the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces, done at London on June 19, 1951. (Convention sur le statut des forces)

  temporary personnel

  temporary personnel means personnel who are recruited from among the nationals of a party to the North Atlantic Treaty to satisfy temporary requirements of the Organisation and who are subject to the Organisation’s Civilian Personnel Regulations, as amended from time to time. (personnel temporaire)

• Marginal note:Interpretation — military personnel

  (2) For the purposes of the definition military personnel in subsection (1), force and civilian component have, respectively, the same meaning as in sub-paragraphs 1(a) and (b) of Article I of the Status of Forces Agreement.

Rights, Privileges and Immunities

Marginal note:Legal capacity

• 2 (1) The Organisation has the legal capacity of a corporation.

• Marginal note:Privileges and immunities

  (2) The Organisation has the privileges and immunities set out in Articles 5 to 11 of the Ottawa Agreement.

Marginal note:Foreign representatives of Member States

• 3 (1) Foreign representatives of Member States of the Organisation have, to the extent required for the discharge of their duties, the privileges and immunities set out in Article 13 of the Ottawa Agreement.

• Marginal note:Official clerical staff

  (2) Official clerical staff accompanying a foreign representative of a Member State of the Organisation have, to the extent required for the discharge of their duties, the privileges and immunities set out in Article 14 of the Ottawa Agreement.

Marginal note:International civilian personnel and military personnel

• 4 (1) International civilian personnel and military personnel have, to the extent required for the exercise of their functions, the privileges and immunities set out in Articles 18 and 19 of the Ottawa Agreement.

• Marginal note:Article 20 of Ottawa Agreement

  (2) International civilian personnel of grade G22 and above and military personnel of equivalent military rank have, to the extent required for the exercise of their functions, the privileges and immunities set out in Article 20 of the Ottawa Agreement.

• Marginal note:Temporary personnel

  (3) Temporary personnel assigned to DIANA have, to the extent required for the exercise of their functions, the privileges and immunities set out in Articles 18 and 19 of the Ottawa Agreement.

• Definition of DIANA

  (4) For the purposes of subsection (3), DIANA means the Defence Innovation Accelerator for the North Atlantic, a subsidiary body of the Organisation, set up under Article 9 of the North Atlantic Treaty.

• Marginal note:Family members

  (5) The family members forming part of the household of the temporary personnel referred to in subsection (3), of the international civilian personnel and of the military personnel have the privileges and immunities set out in paragraphs (b) and (d) of Article 18 of the Ottawa Agreement.

• Marginal note:Military personnel

  (6) The privileges and immunities enjoyed by military personnel and their family members under subsections (1) and (5), respectively, do not affect the privileges and immunities enjoyed by them under the Status of Forces Agreement.

Marginal note:Experts on mission

• 5 (1) Experts have, to the extent required for the exercise of their functions, the privileges and immunities set out in Article 21 of the Ottawa Agreement.

• Definition of experts

  (2) For the purposes of subsection (1), experts means experts referred to in Article 21 of the Ottawa Agreement who are nationals of a party to the North Atlantic Treaty and who are employed on missions on behalf of the Organisation.

Marginal note:Canadian citizens

6 Canadian citizens have, under this Order, only the privileges and immunities set out in Articles 19 and 23 of the Ottawa Agreement.

Marginal note:Interests of the Organisation

• 7 (1) The privileges and immunities granted to individuals under this Order are granted not for their personal benefit but rather in the interests of the Organisation.

• Marginal note:Waiving of immunity granted

  (2) In accordance with Article 22 of the Ottawa Agreement, the Organisation has the right and the duty to waive the immunity that has been granted if, in its opinion,

  • (a) the immunity would impede the course of justice; and

  • (b) the immunity can be waived without prejudice to the interests of the Organisation.

Coming into Force

Marginal note:Registration

8 This Order comes into force on the day on which it is registered.