CEC Privileges and Immunities Update

Summary#

This is an order amending the Commission for Environmental Cooperation Privileges and Immunities in Canada Order (SOR/2020-280). It updates the legal references so the Commission for Environmental Cooperation can keep its legal status, privileges and immunities in Canada after the new international agreements took effect. The item was published on December 23, 2020.

What it does#

• Replaces definitions in the Order so it refers to the Environmental Cooperation Agreement and the 2020 Headquarters Agreement (the agreement with Canada signed October 5, 2020) instead of the older 1990s-era treaty.
• Updates wording about who gets immunity and tax/duty relief, to match specific articles in the new agreements. This covers:
  • the Commission itself;
  • representatives of foreign states who sit on the Council;
  • the Executive Director and the Directors of the Secretariat, and their family members in the household;
  • other officials of the Secretariat; and
  • experts who perform missions for the Commission.
• Clarifies that the privileges and immunities for senior officials are comparable to those given under the Vienna Convention on diplomatic relations.
• Confirms the Order comes into force when the 2020 Headquarters Agreement enters into force in Canada (or on the day the Order is registered, if later).
• Makes some non-substantive drafting updates and clarifies that some persons (for example, Council members who are Canadian citizens or permanent residents) are not entitled to certain privileges.

Who's affected#

• Commission for Environmental Cooperation and its Secretariat staff and officials working in Canada.
• Executive Director, Directors, and experts who visit or work in Canada for the Commission.
• Representatives from the three member countries who sit on the Council.
• Canadian citizens and permanent residents who serve as Commission Council members or staff — they do not get certain tax or duty relief privileges.
• The general public and businesses are not directly affected; the government says small businesses will not see impacts.

Why it matters#

• It avoids a gap in legal status. The Commission can keep operating in Canada without interruption.
• Staff and visiting experts keep the immunities and tax/duty relief tied to their official roles. That matters for how the Commission hires and hosts international staff and runs projects in Canada.
• The changes mostly formalize and clarify existing practice, reducing the risk of legal uncertainty about who is covered by these privileges.