Privileges and Immunities (North Atlantic Treaty Organisation) Act

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Sections11

• 1Short title

  This Act may be cited as the Privileges and Immunities (North Atlantic Treaty Organisation) Act.

• 2Definitions

  The following definitions apply in this Act.

• 2[p2]

  Ottawa Agreement means the Agreement on the status of the North Atlantic Treaty Organisation, National Representatives and International Staff, done at Ottawa on September 20, 1951. (Convention d’Ottawa)

• 2[p3]

  Paris Protocol means the Protocol on the Status of International Military Headquarters set up pursuant to the North Atlantic Treaty, done at Paris on August 28, 1952. (Protocole de Paris)

• 3Approval

  The Ottawa Agreement set out in Schedule 1 and the Paris Protocol set out in Schedule 2 are approved.

• 4Power to make orders

  The Governor in Council may make any orders that the Governor in Council considers necessary for the purpose of carrying out the obligations and exercising the rights of Canada under the Ottawa Agreement, the Paris Protocol and any agreement under Article 25 of that Agreement or paragraph 2 of Article 16 of that Protocol.

• 5Orders — Headquarters or organization

  The Governor in Council may make any orders that the Governor in Council considers necessary to enable any international military Headquarters or organization established under the North Atlantic Treaty to exercise its powers or perform its functions in Canada, including any orders that impose obligations and confer rights, privileges and immunities comparable to those under the Paris Protocol.

• 6Certificate

  A certificate issued by or under the authority of the Minister of Foreign Affairs and containing any statement of fact relevant to any of the following questions is admissible in evidence in any action or proceeding as proof of the fact stated in the certificate without proof of the signature or official character of the person appearing to have signed the certificate:

• 6(a)

  whether the North Atlantic Treaty Organization, any of its subsidiary bodies or any international military Headquarters or organization is the subject of an order made under section 4 or 5;

• 6(b)

  whether the North Atlantic Treaty Organization, any of its subsidiary bodies or any international military Headquarters or organization has privileges or immunities provided by an order made under section 4 or 5;

• 6(c)

  whether any person has privileges or immunities provided by an order made under section 4 or 5.