Most recent date of change: January 27, 2014
The Department of Foreign Affairs and International Trade (DFAIT) is responsible to conduct all diplomatic and consular relations on behalf of Canada and all official communication between the Government of Canada and the government of any country and the between the Government of Canada and any international organization. Within this context, DFAIT’s Office of Protocol is specifically mandated to manage services and programs to the Diplomatic Corps, including accreditation services, in compliance with international and domestic laws/regulations, while ensuring liaison with other federal and provincial authorities that assist in enabling diplomatic missions and international organizations to carry out their duties.
As it is the Government of Canada’s policy to facilitate the stay in Canada of foreign representatives, this policy aims at:
For the purpose of this policy, the following expressions have the following meaning:
2.1 “Acceptance” refers to the counterfoil issued by DFAIT’s Office of Protocol in the passport of a foreign representative and accredited family members as proof of accreditation.
2.2 “Foreign Representatives”, refer to persons on bilateral and multilateral postings in Canada entitled to diplomatic, consular or other official status under the Foreign Missions and International Organizations Act (FMIOA). It also includes home based staff of the Taipei Economic and Commercial Office (TECO)_and Palestinian General Delegation (PGD) who are granted courtesy accreditation.
2.3 “ID Card” refers to the photo identification document (with a ‘D’, ‘C’, ‘J’ or ‘I’ prefix) issued by the DFAIT’s Office of Protocol as proof of the person’s accreditation.
2.4 “MTO” refers to the Ministry of Transportation of Ontario.
2.5 “National Capital Region”, referring to the National Capital Act, refers to the seat of the Government of Canada and its surrounding area, composed of part of the provinces of Ontario and Quebec.
Foreign representatives who intend to travel to Canada to take up their diplomatic or official assignment must apply for the appropriate temporary resident visa (TRV) if they are a citizen of country that requires a visa. Nationals of countries that do not require a visa should nonetheless apply for one. This will facilitate their entry at Canadian ports of entry and ensure the right processing upon arrival, thus minimizing the risks of irritating incidents.
TRVs are the only indication to border officers in Canada that the passport holder, in Canada's view, may be entitled to diplomatic, consular or official privileges and immunities and recognized under the FMIOA.
Military/defence attachés must not apply for a visa, or otherwise enter the country, if Canada has not granted consent to the appointment. For enquiries related to the appointment of defence, military, naval and air attachés, please refer to the Guidelines on the Appointment of Military and Defence Attachés.
When a sending State wishes to create a new and incremental position, the Department may, without having to explain its decision, require that the diplomatic mission seek departmental approval prior to the effective arrival in Canada of the incumbent. Individual missions will be notified of such requirement as the case arises.
The Department has noted that the vast majority of sending States post home-based staff in Canada for two to five years. In connection therewith, the Department will continue to grant accreditation to bilateral diplomats, members of the administrative and technical staff and members of the service staff based on the assumption that they are rotated on a regular basis and that none are posted for prolonged periods or indefinitely. In the case of foreign representatives whose posting is prolonged beyond the notional posting period of five years, and for greater clarity, the Department may seek a confirmation of continued posting by transmitting a Note directly to the sending State's ministry of foreign affairs.
In keeping with Article 10 of the Vienna Convention on Diplomatic Relations, Article 24 of the Vienna Convention on Consular Relations and various headquarter agreements, new arrivals and new appointments of Missions, International Organizations and other Offices must be notified to DFAIT’s Office of Protocol. This should be done by way of Note or letter and contain the following information:
For enquiries related to the designations for the staff, please refer to Circular Note of XDC-1760 of October 30, 1997, Titles / Designations.
For questions relating to the appointment and accredition of non-resident foreign representatives, please refer to Circular Note XDC-0708 of August 1, 2008.
In order to obtain an Acceptance and ID card, the following procedures apply:
Documentation will be returned to the mission if incomplete.
For enquiries related to the accreditation of eligible family members, refer to Circular Note XDC-3196 of November 12, 2004, Accreditation of Spouses and Unmarried Partners and Circular Note of XDC-0643, April 25, 2005, Accreditation: Accreditation of immediate members of the family of foreign representatives.
For enquiries related to the employment of Private Servants, refer to Circular Note of XDC-2494, December 29, 2009, Private Servants: Policy, Procedures and Employment Contract Application.
For enquiries related to the accreditation of Service Staff, refer to Circular Note of XDC-0531, April 27, 2005, Service Staff: Accreditation of “members of the service staff.
Specific obligations and objectives accrue to the Government of Canada by virtue of the FMIOA.
While the Department relies on provincial collaboration, most notably in the area of tax-relief, education and vehicle licensing privileges, it would like to indicate that notifications of appointment to provincial protocol offices do not infer that privileges and immunities have been previously and effectively secured under the FMIOA.
For greater certainty as to the securing of privileges and immunities, the Department strongly advises that accreditation requests for newly arrived foreign representatives be submitted immediately upon arrival. The Department believes that this will enhance its ability to fulfill its international obligations. It will also accelerate the Departments ability to ensure appropriate linkage with provincial protocol offices and provide appropriate titles and level of immunities.
The Department recognizes that if consular officers need to be promoted either temporarily or permanently to a diplomatic mission position during their assignment, the Mission will be required to request the transfer of the individual's acceptance from consular (C) to diplomatic (D) as stated by the Vienna Convention on Diplomatic Relations.
Conversely, and keeping in mind the Department’s Circular Note XDC-0650 of April 11, 2003, the names of diplomatic agents having been transferred to consular posts and no longer residing in the seat of the National Capital should be forwarded to the Departments prompt attention, in order that proper amendments be made to the acceptance and level of immunities.
9.1 The case of diplomatic agents
In accordance with Artice 5(3) of the Vienna Convention on Diplomatic Relations, a head or any other member of the diplomatic staff of a bilateral mission may also act, in a dual capacity, as his/her country's representative to ICAO, provided that:
9.2 The case of consular officers
In accordance with 17(2) of the Vienna Convention on Consular Relations, the head of a consular post in Montreal or any of its consular officers may also act, in a dual capacity, as his/her country's representative to ICAO, provided that:
However, in respect of the performance by him/her of any consular function, he/she is not entitled to any greater immunity from jurisdiction than that to which a consular officer is entitled under the Vienna Convention on Consular Relations, as stated under Article 17(2) of such Convention.
The Department appreciates the continued commitment of the heads of mission and heads of international organizations to the objective of ensuring that consular services and activities are not being conducted on the premises of any international organization established in Canada.
The Department will normally issue acceptances/identity cards for a three (3) year period, while ensuring that such period does not exceed the expiry date of the passport. Diplomatic Missions who have advance knowledge that an individual is appointed for a period less than three (3) years are encouraged to specify this, so that the period of validity can be adjusted accordingly.
In the case of dependent children aged 19 to 25, the acceptance will be issued in accordance with the Department's Circular Note XDC-1262 of July 13, 2010.
Refer to Circular Note XDC-0625 of April 3, 2009, Use of Office of Protocol Identity Card.
Newly arrived foreign representatives and those whose acceptance/identity card have otherwise expired have come to anticipate a quick turnaround time in respect to accreditation requests. While the Department recognizes this, it has established that fifteen (15) working days are usually required to process these. Such performance indicators reflect the flow of requests but also ensure that these are properly vetted and managed in an equitable manner.
The Department can provide an expedited service if circumstances warrant and if written justification (by way of Note or letter) is provided by the mission (signed by head of mission) and international organization. Justification generally includes professional-related travel, family emergencies and other official engagements deemed essential. It does not include personal holidays.
Further, given that a foreign driver's licence can be used for up to sixty days (60) after arrival in Canada, the Department will not consider as an emergency the issuance of a certificate of entitlement for newly arrived foreign representatives.
Requests for extension or renewal should be submitted no later than four (4) weeks prior to the expiration date by way of a Note or letter to the DFAIT’s Office of Protocol, accompanied by the identification card, recent photograph (as per directives set out in Circular Note XDC-2258 of October 24, 2006), attestation of full-time studies for accredited children over the age of 19 and valid passport for each applicant. All eligible, accredited family members are required to submit the request for extensions along with that of the employees.
A passport's expiry date will be the prime consideration in determining the period of validity printed on an acceptance. As such, the Department will not issue acceptances beyond the expiry date of the passport and, in such circumstances; a request for extension will be required, following the renewal of a passport.
The Department is not in a position to expedite the renewal or extension of acceptances or identity cards that have already expired. In such circumstances, the Department may ask that the person whose acceptance or identity card have already expired be officially presented to the Office of Protocol following the same procedures upon arrival to Canada.
For further enquiries, please refer to Circular Note XDC-0462 of March 12, 2010, on the matter of expired Diplomatic and official acceptances (counterfoil in passport) and matching identity cards.
In notifying the Department of departures and termination of appointments, it is essential that the following information be provided by way of a Note or letter addressed to DFAIT’s Office of Protocol:
When submitting the Note/letter, the mission or international organization must also return the ID Card(s). While it is not currently necessary to return the passport for cancellation of the Acceptance, such Acceptance must not be used to remain in, or re-enter, Canada.
In Ontario CD, CC, XT and XO Licence Plates must be returned directly to the Ministry of Transportation of Ontario.
The Department should also be promptly notified of the names of all members of the family forming part of the household and any private servants whose diplomatic, consular or official status has ceased and of those who have regularized their status under the Immigration Act. Failure to respect the above undertaking within a reasonable period may result in an abuse of privileges and immunities by persons who are no longer entitled to them.
The Department is responsible to inform the provincial protocol offices of new consular appointments and provide a list of consular personnel who have completed their assignments and have departed Canada. This is normally done on a monthly basis.
Please refer to Circular Note XDC-2258 of October 24, 2006, new requirements regarding the submission of photographs for new appointments and extensions (renewals) of acceptances.
Please refer to Circular Note XDC-2456 of October 24, 2006, new guidelines relating to signature specimens for the new identity card.
Nothing in this policy shall be construed as preventing Canada from applying the provisions of this policy restrictively on a basis of reciprocity or to accord a treatment greater than that which is covered herein on the basis of existing and future bilateral arrangements.
For interpretation and application of this directive, diplomatic missions, international organizations and other offices established in Canada should contact the following individuals at DFAIT’s Office of Protocol:
Manager, Accreditation and Registrar
Deputy Director, Privileges, Immunities and Accreditation