Hyperlawhypertext legal database NATO Climate Change and Security Centre of Excellence Rights, Privileges and Immunities Order current to 2023-08-21

SOR-2023-183 NATO Climate Change and Security Centre of Excellence Rights, Privileges and Immunities Order

Current to 2023-08-21 · last amended 2023-08-17

Contents
Provision

Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, makes the annexed NATO Climate Change and Security Centre of Excellence Rights, Privileges and Immunities Order under sections 4 a and 5 a of the Privileges and Immunities (North Atlantic Treaty Organisation) Act b. S.C. 2023, c. 26, s. 266 R.S., c. P-24

Definitions

s. 1 — Definitions

The following definitions apply in this Order.

s. 1, definition “ccascoe”

CCASCOE means the NATO Climate Change and Security Centre of Excellence. (CECCS)

s. 1, definition “international personnel”

international personnel means the personnel assigned to the CCASCOE by a participating NATO member state, other than by Canada. (personnel international)

Rights, Privileges and Immunities

s. 2 — Legal capacity

The CCASCOE has the legal capacity of a corporation.

s. 3 — Privileges and immunities
s. 3(1)

The CCASCOE has, to the extent required to perform its functions, the privileges and immunities set out in articles 8 and 12 of the Paris Protocol.

s. 3(2) — Inviolability

In accordance with article 13 of the Paris Protocol, the archives and other official documents of the CCASCOE are inviolable.

s. 4 — International personnel
s. 4(1)

International personnel have, to the extent required to perform their functions, the following privileges and immunities:

s. 4(1)(a)

those set out in paragraph 1 of article 7 of the Paris Protocol; and

s. 4(1)(b)

to the extent set out in article 8 of the Paris Protocol, those set out in paragraphs 5 to 10 of article XI of the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces, done at London on 19 June, 1951.

s. 4(2) — Other individuals

Personnel of Supreme Headquarters or of Allied Headquarters, as defined in paragraphs (b) and (c) of article 1 of the Paris Protocol respectively, and of other international military Headquarters or organizations established under the North Atlantic Treaty also benefit from the privileges and immunities set out in subsection (1), to the extent required to perform their functions.

s. 5 — Waiver
s. 5(1)

Article 6 of the Paris Protocol applies to all indemnity claims in Canada.

s. 5(2) — Civil liability — international personnel

Sections 15, 17 and 19 of the Visiting Forces Act apply to the CCASCOE with any necessary adaptations.

s. 6 — No tax exemption to Canadians residing in Canada

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.

Coming into Force

s. 7 — Registration

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