NATO Climate Change Centre Immunities

Summary#

The NATO Climate Change and Security Centre of Excellence Rights, Privileges and Immunities Order (SOR/2023-183) gives the new NATO climate-security centre in Montréal a legal identity in Canada and certain diplomatic-style protections. The Order came into force on August 17, 2023.

What it does#

• Gives the CCASCOE (the NATO Climate Change and Security Centre of Excellence) the legal capacity of a corporation in Canada.
• Extends privileges and immunities to the centre and its international staff as set out in the Paris Protocol. These include:
  • protection of the centre’s archives and official documents (inviolability);
  • tax and duty relief to help establish, build, run and staff the centre;
  • exemption from Canadian income tax on salaries paid to international staff by their foreign governments (for those staff, not for Canadians);
  • the right for international staff to import personal effects and furniture duty-free on first arrival, and to temporarily import private vehicles free of duty.
• Allows the centre to hold bank accounts in any currency.
• Applies some rules from the Visiting Forces Act to civil-liability matters involving international personnel.
• Clarifies that Canadian citizens who live in Canada are not exempt from Canadian taxes or duties under this Order.

Who's affected#

• International staff assigned to the CCASCOE by NATO member states (this can include military and civilian personnel).
• The CCASCOE as an organization while it operates in Montréal.
• The 11 NATO Allies that are listed as founding or sponsoring nations and that will send personnel or funding.
• Canadian citizens and residents are explicitly not freed from Canadian taxes by this Order.
• Other NATO headquarters or international military staff visiting Canada for official business will also get appropriate privileges while on official duties.

Why it matters#

• This Order is the legal step that lets Canada host a NATO centre focused on how climate change affects security. That centre aims to help NATO and its members plan for climate-related security risks.
• The privileges and tax/duty relief make it easier for NATO countries to send staff and equipment, and to operate the centre in Montréal.
• For most Canadians, the change is behind the scenes. For international staff and NATO members, it matters for day-to-day operations, taxes, and legal protections while in Canada.