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E105634 – CTS 2023/13

HEADQUARTERS AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE COMMISSION FOR ENVIRONMENTAL COOPERATION 

THE GOVERNMENT OF CANADA AND THE COMMISSION FOR ENVIRONMENTAL COOPERATION (the “Parties”);

NOTING that the Parties to the Agreement on Environmental Cooperation among the Governments of Canada, the United States of America, and the United Mexican States, done at Mexico City, Washington, and Ottawa, November 30, December 11 and 18, 2018 (the “Environmental Cooperation Agreement”) have agreed to continue the operation of the Commission for Environmental Cooperation (the “Commission”) originally established under the North American Agreement on Environmental Cooperation between the Government of Canada, the Government of the United States of America and the Government of the United Mexican States, done at Mexico City, Washington, and Ottawa, September 8, 9, 12, and 14, 1993;

HAVE AGREED as follows:

ARTICLE 1

Definitions

For the purposes of this Agreement:

“Council” means the Council as described in the Environmental Cooperation Agreement;

“Director” means a Director of the Secretariat as described in the rules of employment of the Commission established by the Council under Article 5.2 of the Environmental Cooperation Agreement;

“Executive Director” means the Executive Director of the Secretariat;

“Experts” means individuals, other than Officials, performing missions for the Commission;

“Members of the Council” means the representatives of the Parties to the Environmental Cooperation Agreement appointed pursuant to paragraph 1 of Article 3 of that agreement;

“Officials” means members of the staff of the Secretariat, other than Directors, who are appointed and supervised by the Executive Director;

“Secretariat” means the Secretariat of the Commission as described in the Environmental Cooperation Agreement.

ARTICLE 2

Legal Personality

The Commission shall possess in Canada legal personality. It shall have the capacity:

  • (a) to contract;
  • (b) to acquire and dispose of property; and
  • (c) to institute legal proceedings.

ARTICLE 3

Property and Assets

The Commission, its property and its assets, wherever located and by whomever held, shall enjoy immunity from every form of judicial process except insofar as in any particular case the Council has expressly waived its immunity. Such waiver shall be understood not to extend to any measure of execution, save with the express consent of the Council.

ARTICLE 4

Inviolability of Premises, Property and Archives

  1. The premises of the Commission shall be inviolable. The property and assets of the Commission, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial, or legislative action, except with the consent of and under the conditions determined by the Council. This Article shall not prevent the reasonable application of fire protection regulations.
  2. The Government of Canada shall accord to the premises of the Commission the same protection as is given to diplomatic missions in Canada.
  3. The archives and documents of the Commission shall be inviolable at any time and wherever located.

ARTICLE 5

Exemption from Taxes and Duties

  1. The Commission, its assets, income and other property shall be:
    1. (a) exempt from all direct taxes except for charges for public utility services;
    2. (b) exempt from customs duties, prohibitions and restrictions on imports and exports in respect of articles imported or exported by the Commission in the furtherance of its functions; articles imported under such exemption shall not be sold or disposed of in Canada except under conditions agreed to by the Government of Canada; and
    3. (c) exempt from any prohibition or restriction on import, export or sale of its publications, and exempt from customs duties and excise taxes in respect thereof.
  2. While the Commission will not, as a general rule, claim exemption from excise duties and from taxes on the sale of movable and immovable property which form part of the price to be paid, nevertheless, when the Commission is making important purchases for official use of property on which such duties and taxes have been charged or are chargeable, the Government of Canada will, whenever possible, make appropriate administrative arrangements for the remission or return of the amount of duty or tax.

ARTICLE 6

Right to Hold and Transfer Funds

The Commission may hold funds, gold or currency of any kind and operate accounts in any currency and it shall be free to transfer its funds, gold or currency from one country to another or within Canada and to convert any currency held by it into any other currency. The Commission, in exercising the rights provided in this Article, shall pay due regard to any representations made by the Government of Canada insofar as it is considered that effect can be given to such representations without detriment to the interests of the Commission.

ARTICLE 7

Communications

The Commission shall enjoy in Canada for its official communications, in whatever form, treatment not less favourable than that accorded by the Government of Canada to any foreign state, including its diplomatic missions.

ARTICLE 8

The Council

Members of the Council shall enjoy in Canada privileges and immunities comparable to the privileges and immunities accorded to diplomatic representatives in Canada.

ARTICLE 9

Senior Officials

The Executive Director and the Directors shall be accorded, in respect of themselves and members of their families forming part of their households, privileges and immunities comparable to those enjoyed by diplomatic agents and members of their families forming part of their households in Canada.

ARTICLE 10

Officials

  1. Officials shall:
    1. (a) be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity;
    2. (b) be exempt from taxation on the salaries and emoluments paid to them by the Commission;
    3. (c) be immune from national service obligations;
    4. (d) be immune, together with their spouses and members of their families forming part of their households, from immigration restrictions and alien registration;
    5. (e) be accorded the same privileges in respect of exchange facilities as are accorded to the officials of comparable ranks forming part of diplomatic missions in Canada; and
    6. (f) have the right to import free of duty their furniture and effects, including motor vehicles but excluding alcoholic beverages and tobacco products, at the time of first taking up their post in Canada.
  2. The immunity of Officials from legal process in respect of words spoken or written and all acts done by them in their capacity as Officials shall continue to subsist after their functions have come to an end.

ARTICLE 11

Experts

  1. Experts performing missions for the Commission shall be accorded such privileges and immunities as are necessary for the independent exercise of their functions during the period of their missions, including the time spent on journeys in connection with their missions. In particular they shall be accorded:
    1. (a) immunity from personal arrest or detention and from seizure of their personal baggage;
    2. (b) immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity;
    3. (c) inviolability for all papers and documents; and
    4. (d) the same immunities in respect of their personal baggage as are accorded to diplomatic envoys.
  2. The immunity of Experts from legal process in respect of words spoken or written and all acts done by them in their capacity as Experts shall continue to subsist after their functions have come to an end.

ARTICLE 12

Exemption from Taxation

Where the incidence of any form of taxation depends upon residence, periods during which an individual referred to in Articles 8 to 11, other than a citizen or a permanent resident of Canada, is present in Canada for the discharge of his duties shall not be considered as periods of residence in Canada.

ARTICLE 13

Canadian Citizens and Permanent Residents

  1. Notwithstanding Article 8, a Member of the Council who is a citizen or a permanent resident of Canada, as defined by the applicable Canadian immigration legislation, shall not enjoy privileges and immunities in Canada.
  2. Notwithstanding Articles 9 and 10, an Executive Director, a Director or an Official who is a citizen or a permanent resident of Canada, as defined by the applicable Canadian immigration legislation, shall enjoy only those privileges and immunities set forth in paragraphs 1(a), (c) and (e) and 2 of Article 10.
  3. Notwithstanding Article 11, an Expert who is a citizen or permanent resident of Canada, as defined by the applicable Canadian immigration legislation, shall enjoy only those privileges and immunities set forth in paragraphs 1 (b) and (c) and 2 of Article 11.
  4. The Executive Director, Directors and Officials who are citizens or permanent residents of Canada shall be allowed to deduct from the national income tax otherwise payable by them an amount determined in accordance with the applicable income tax legislation of Canada in respect of the amount of the staff assessment levied by the Commission in lieu of national income tax on salaries and emoluments paid by the Commission to the Executive Director, the Directors and the Officials.

ARTICLE 14

Waiver of Immunities

  1. Privileges and immunities are granted to Members of the Council, the Executive Director, Directors, Officials and Experts in the interests of the Commission and not for the personal benefit of the individuals themselves.
  2. Consequently,
    1. (a) the Party to the Environmental Cooperation Agreement of which the Member of the Council is one of its representatives, in a case involving a Member of the Council;
    2. (b) the Council, in a case involving the Executive Director or a Director; and
    3. (c) the Executive Director, in a case involving Officials and Experts, shall have the right and the duty to waive the immunity in any case where, in their opinion, the immunity would impede the course of justice and could be waived without prejudice to the purpose for which the immunity is accorded.

ARTICLE 15

Notification

No individual shall be entitled, as a Member of the Council, Executive Director, Director, Official or Expert, to immunities and privileges accorded in Articles 8, 9, 10 and 11, unless and until his or her name and status have been duly notified to the Minister of Foreign Affairs of Canada.

ARTICLE 16

Employment of Dependents

Dependents of Officials, of the Directors or of the Executive Director will receive authorization to accept employment in Canada. For the purposes of this Article, “dependents” means: (a) spouses; (b) unmarried dependent children under 21 or under 25 if in full-time attendance at a post-secondary educational institution; or (c) unmarried children who are incapable of self-support.

ARTICLE 17

Prevention of Abuse

  1. Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of Canada. They also have the duty not to interfere in the internal affairs of Canada.
  2. The Commission shall cooperate at all times with the appropriate Canadian authorities to facilitate the proper administration of justice, secure the observance of Canadian laws and regulations and prevent the occurrence of any abuse in connection with the privileges, immunities and facilities mentioned in this Agreement.

ARTICLE 18

Settlement of Disputes

Any dispute concerning the interpretation or application of this Agreement or of any supplementary agreement which is not settled by negotiation or other mode of settlement mutually decided by the Parties shall be referred to a tribunal of three arbitrators for final decision. One arbitrator shall be designated by the Executive Director, and another by the Minister of Foreign Affairs of Canada. These two arbitrators shall appoint a third arbitrator.

ARTICLE 19

Final Provisions

  1. This Agreement shall enter into force after the Environmental Cooperation Agreement has entered into force and on the date of Canada’s notification to the Commission, in writing, informing that it has completed its internal procedures required for the entry into force of this Agreement. If the date of this notification is prior to the date of termination of the Headquarters Agreement between the Government of Canada and the Commission for Environmental Cooperation, done at Ottawa on 29 May 1997 and at Montreal on 30 May 1997 (the “1997 HQ Agreement”), this Agreement shall supersede the 1997 HQ Agreement upon entry into force.
  2. This Agreement may be amended by mutual consent at any time at the request of either Party. Any amendment shall enter into force by mutual agreement between the Parties.
  3. This Agreement may be terminated by either Party giving two years’ notice in writing to the other Party.
  4. This Agreement shall terminate six months after the date of termination of the Environmental Cooperation Agreement or a successor agreement.

IN WITNESS WHERE OF the undersigned, being duly authorized by the Government of Canada and the Commission for Environmental Cooperation, respectively, have signed this Agreement.

DONE in duplicate in the English and French languages, each version being equally authentic.

FOR THE GOVERNMENT
OF CANADA

Catherine Stewart

Date: 5 October 2020
Place: Gatineau

FOR THE COMMISSION
FOR ENVIRONMENTAL COOPERATION

Richard Morgan

Date: 5 October 2020
Place: Ottawa


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