FEDERAL REG

SOR/2017-73: Republic of Montenegro as a Designated State for the Purposes of the Act — Proclamation Designating Visiting Forces Act

REGISTRATION OF FEDERAL REGULATION - VIA PART II OF THE GAZETTE

Registered
April 25, 2017


REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Proclamation.) Issues In order to welcome the Republic of Montenegro (“Montenegro” hereafter) as a North Atlantic Treaty Organization (NATO) ally at the spring 2017 NATO Summit in Brussels, Belgium, Canada must complete national ratification processes in advance of the Summit. Ratification cannot proceed without designating M... (Click for more)


Published on May 8, 2017

Bill Summary

SOR/2017-73: Republic of Montenegro as a Designated State for the Purposes of the Act — Proclamation Designating Visiting Forces Act

REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Proclamation.) Issues In order to welcome the Republic of Montenegro (“Montenegro” hereafter) as a North Atlantic Treaty Organization (NATO) ally at the spring 2017 NATO Summit in Brussels, Belgium, Canada must complete national ratification processes in advance of the Summit. Ratification cannot proceed without designating Montenegro under the Visiting Forces Act (VFA), in order to comply with the provisions of the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces (NATO SOFA). Background At the May 2016 meetings of NATO Ministers of Foreign Affairs in Brussels, Canada and its fellow NATO allies signed the Protocol of Accession of the Republic of Montenegro. The Protocol of Accession to NATO of the Republic of Montenegro will enter into effect once all 28 NATO member states have ratified the Protocol and Montenegro has completed its national ratification processes. Objectives In order to enable the ratification of the Protocol on Montenegro’s accession to NATO, it is required that Canadian legislation be compliant with the NATO SOFA. Therefore, it is essential to designate Montenegro under the VFA prior to the ratification taking place. Under the VFA, the designation is done by proclamation of the Governor in Council. Description The VFA establishes the legal status of visiting military personnel from designated states, together with specified civilian components of those forces. The VFA governs such matters as the disciplinary jurisdiction of the visiting forces, claims for personal injuries and property damage, security of information and taxation. The VFA, with the exception of Part VI (Attachments to and from the Canadian Forces), will apply with respect to members of Montenegro’s visiting forces. “One-for-One” Rule The “One-for-One” Rule does not apply, as there is no new administrative burden as a result of the Proclamation. Small business lens The small business lens does not apply, as there are no impacts on small businesses. Consultation Consultations were held between federal departments (Department of National Defence and Global Affairs Canada) and representatives for NATO. Consultations were supportive of Montenegro’s accession to NATO. Rationale In order to enable the ratification of the Protocol on Montenegro’s accession to NATO, it is required that Canadian legislation be compliant with the NATO SOFA. An order in council is therefore required to direct that a proclamation designate Montenegro for the purposes of the VFA, which establishes the legal status of visiting members and civilian components of the force of the designated state while in Canada. The ratification of the Protocol builds on the Government of Canada’s decision to sign the Protocol at the May 2016 meetings of NATO Ministers of Foreign Affairs. Additionally, the ratification demonstrates Canada’s strong commitment to NATO, a priority in the Minister of National Defence mandate letter. The extension of NATO membership has historically contributed to greater stability and improved governance in Europe. Implementation, enforcement and service standards The Proclamation will ensure that Canada has met its domestic responsibilities to allow for the ratification of Montenegro’s accession to NATO to proceed at the spring 2017 NATO Summit in Brussels. Contact Paul Leblanc Acting Team Leader Director Corporate Submissions and Financial Arrangements Telephone: 613-947-6356

This Bill does not amend any statutes.

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