NAFO Privileges and Immunities Order

Summary#

The Northwest Atlantic Fisheries Organization Privileges and Immunities Order, 2023 is an order under the Foreign Missions and International Organizations Act that implements a formal headquarters agreement with the Northwest Atlantic Fisheries Organization (NAFO). It replaces older orders and takes effect when the Headquarters Agreement comes into force or, if later, on the day the order was registered (March 27, 2023).

What it does#

• Gives the Northwest Atlantic Fisheries Organization legal capacity in Canada so it can operate like a corporate body, as set out in the Headquarters Agreement signed on June 5, 2019 (Ottawa) and June 13, 2019 (Miquelon).
• Implements specific privileges and immunities for the Organization that mirror parts of the Convention on the Privileges and Immunities of the United Nations.
• Extends defined privileges and immunities, to the extent set out in the Agreement, to:
  • representatives of member states who attend NAFO meetings,
  • officials of NAFO, and
  • experts on mission for NAFO.
• Makes clear those privileges are granted so people can do their NAFO work, not for their personal benefit.
• Clarifies that the order does not exempt a Canadian citizen living in Canada from Canadian taxes or duties.
• Repeals the older orders, including the International Commission for the Northwest Atlantic Fisheries Privileges and Immunities Order and the pre-existing NAFO privileges order.
• States the order comes into force on the day the Headquarters Agreement enters into force, or, if it was registered after that day, on the registration day (March 27, 2023).

Who's affected#

• The main organisation affected is NAFO and the small number of its staff based in Canada.
• People who attend or work with NAFO in Canada: representatives of member states, NAFO officials, and experts on mission.
• Federal departments involved in the file: Department of Fisheries and Oceans and Department of Finance (they were consulted).
• Most Canadians, businesses, and small organisations are not affected. The government says there are no new financial costs and no impact on small businesses.

Why it matters#

• It gives legal clarity so NAFO can carry out its work in Canada with the clear set of privileges and immunities agreed with the government.
• It formalizes Canada’s relationship with NAFO and brings the arrangements into line with current federal law.
• It is mainly administrative: it continues privileges similar to those already in place and does not change tax liability for Canadian residents.