FEDERAL REG

SOR/2016-244: Global Fund Replenishment Conference — Privileges and Immunities Order Foreign Missions and International Organizations Act

REGISTRATION OF FEDERAL REGULATION - VIA PART II OF THE GAZETTE

Registered
September 10, 2016


REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Order.) 1. Background Created in 2002, the Global Fund is a unique partnership between donor and recipient governments, the private sector, private foundations, civil society and affected communities. The Global Fund is the leading financier for the fight against HIV, tuberculosis and malaria, with country-led programming in ... (Click for more)


Published on September 10, 2016

Bill Summary

SOR/2016-244: Global Fund Replenishment Conference — Privileges and Immunities Order Foreign Missions and International Organizations Act

REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Order.) 1. Background Created in 2002, the Global Fund is a unique partnership between donor and recipient governments, the private sector, private foundations, civil society and affected communities. The Global Fund is the leading financier for the fight against HIV, tuberculosis and malaria, with country-led programming in 140 countries, which has resulted in an estimated 17 million lives saved to date. This was achieved by placing 8.6 million people on antiretroviral treatment, detecting and treating 15 million tuberculosis cases and distributing 600 million bed nets. Canada is the 7th largest donor to the Global Fund, having contributed over C$2.88 billion in funding, including a C$785-million commitment for 2017–2019. On May 9, 2016, Prime Minister Trudeau announced that Canada would host the Global Fund Fifth Replenishment Conference. The Global Fund finances its programs through a voluntary replenishment of its resources every three years. The Global Fund is seeking to raise US$13 billion for this period as its contribution to the broader effort for external funding from international organizations and bilateral donors. The Global Fund replenishment meeting will take place from September 15 to 17, 2016, in Montréal. This event is an opportunity to raise funds to fight HIV, tuberculosis and malaria and to harness global momentum to eliminate these three diseases. Should this replenishment be successful, it is projected that 8 million new lives will be saved between 2017 and 2019 (for a cumulative 30–32 million lives saved by 2020), and 300 million infections averted among the three diseases. 2. Issues The Global Fund Replenishment Conference — Privileges and Immunities Order (the Order), made pursuant to paragraph 5(1)(c) of the Foreign Missions and International Organizations Act (FMIOA), will grant limited privileges and immunities to foreign state representatives attending the conference. As a result, the Royal Canadian Mounted Police (RCMP) will assume the primary responsibility for ensuring the security for the proper functioning of this international meeting, through the operation of subsection 10.1(1) of the FMIOA. 3. Objectives The Order grants limited privileges to foreign heads of state and their deputies, heads of government, heads of international organizations, ministers and their spouses in relation to immigration restrictions and other limited privileges to foreign state representatives not otherwise protected by the statement above or under customary international law during their attendance at the Global Fund Replenishment Conference in Montréal, Quebec, from September 15 to 17, 2016. With the issuance of the Order, the RCMP assumes the primary responsibility of ensuring the security for the proper functioning of the international conference through the operation of subsection 10.1(1) of the FMIOA. 4. Description The Order grants to foreign state representatives not otherwise protected under customary international law the privileges and immunities set out in paragraphs 11(b) and (e) and sections 14 to 16 of Article IV of the Convention on the Privileges and Immunities of the United Nations to the extent required for the exercise of their functions, namely inviolability of their papers and documents and facilities in respect of currency or exchange restrictions. With the issuance of the Order, the RCMP assumes the primary responsibility for ensuring the security of the conference, in accordance with subsection 10.1(1) of the FMIOA. The Order also grants to foreign heads of state and their deputies, heads of government, heads of international organizations, ministers and their spouses the exemption from immigration restrictions provided in paragraph 11(d) of Article IV of the Convention on the Privileges and Immunities of the United Nations. 5. “One-for-One” Rule The “One-for-One” Rule does not apply to this Order, as there is no change in administrative costs to business. 6. Small business lens The small business lens does not apply to this Order, as there are no costs on small business and small businesses would not be disproportionately affected. 7. Consultation Consultations were carried out between Global Affairs Canada, Immigration, Refugees and Citizenship Canada, the Canada Border Services Agency, Justice Canada, the Department of Public Safety and Emergency Preparedness, Health Canada and the RCMP. All consulted departments were supportive of this proposal. 8. Rationale The Order grants limited privileges and immunities to foreign state representatives that are not otherwise protected under customary international law during their attendance at the Global Fund Replenishment Conference. With the issuance of the Order, subsection 10.1(1) of the FMIOA operates to grant the RCMP primary responsibility to ensure the security for the proper functioning of the international meeting. 9. Contact Daniel Desfossés Director Summits, Official Events and Management Services Global Affairs Canada 125 Sussex Drive Ottawa, Ontario K1A 0G2 Telephone: 343-203-0803 Email: [email protected] Footnote a S.C. 2002, c. 12, s. 3(2) Footnote b S.C. 1991, c. 41

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