Scope of immunities and summary of law enforcement measures - Multilateral postings
This page is a guide for Canadian law enforcement, border and other authorities who require information regarding the categories of international civil servants and other personnel posted to an international organization in Canada, and the degree of inviolability and immunities to which they and their accredited family members are entitled. It also lists the immunities afforded to accredited representatives of member States (i.e., national missions) to the International Civil Aviation Organization (ICAO) in Montréal.
This chart does not substitute the law
The law is contained in the Canadian statutes themselves, such as the Foreign Missions and International Organizations Act and the Privileges and Immunities (North Atlantic Treaty Organisation) Act, and related orders in council.
The Office of Protocol’s Privileges and Immunities Unit is the point of contact for this information.
To note that law enforcement officers and other Canadian authorities handling incidents involving accredited multilateral officials in Canada and seeking advice on their immunities should consult the Diplomatic Security Liaison Unit of the Office of Protocol. This also applies to instances where the person does not hold the usual (accreditation) identity documents issued by the Office of Protocol (see Types of accreditation documents and their purposes). Further, while Canadian authorities will generally be guided by the “designation” appearing on the identify documents issued to accredited multilateral officials, the task of determining the degree of inviolability or immunity granted to an accredited representative or family member remains a complex one requiring coordination with the Diplomatic Security Liaison Unit.
Short-term visitors from other States to an international organization established in Canada, for example, those attending a conference, a technical meeting or a symposium, are not captured in this chart.
| Designation | Member State representatives (ICAO) | Administrative staff (ICAO) | Senior officials (all international organizations) | Other officials (all international organizations) | Canadian citizens and Permanent Residents of Canada |
|---|---|---|---|---|---|
| Category of identification document issued, including to family members | D | J | D | J | No document issued |
| Law enforcement aspects | |||||
| Immunity from arrest and detention? | Yes (see note 1) | Yes (see note 1) | Yes (see note 1) | No | No |
| Immunity from legal process, whether criminal or civil? | Yes | Yes, except that immunity from civil jurisdiction does not extend to acts performed outside official duties | Yes | Yes, in respect of all acts performed in an official capacity (including words spoken and written) | Yes, in respect of all acts performed in an official capacity (including words spoken and written) |
| Immunity from having to give evidence as witness? | Yes | Yes | Yes | No, unless the matter involves official duties/acts | No, unless the matter involves official duties/acts |
| Immunity from jury duty? | Yes | Yes | Yes | Yes | No |
| Immunity from personal search? | Yes | Yes | Yes | No | No |
| Immunity from residential entry? | Yes | Yes | Yes | No | No |
| Immunity from private motor vehicle search? | Yes | Yes | Yes | No | No |
| Exemption from pre-boarding screening measures at airports? | No (see note 2) | No (see note 2) | No (see note 2) | No | No |
| Exemption from personal baggage inspection and search? | Yes, including upon arrival at Canada Border Services Agency (CBSA) checkpoints at Canadian airport (see note 3 for exceptions) | Yes, including upon arrival at Canada Border Services Agency (CBSA) checkpoints at Canadian airport (see note 3 for exceptions) | Yes, including upon arrival at Canada Border Services Agency (CBSA) checkpoints at Canadian airport (see note 3 for exceptions) | No (see note 4) | No (see note 4) |
Notes:
- A person enjoying personal inviolability may be temporarily taken into protective custody in order to prevent the repetition or continuation of a criminal offence, or for public safety reasons, and until such time as a responsible member of the organization arrives to relieve the police of this responsibility. Reasonable constraints may be applied in emergency circumstances.
- Canada expects all accredited foreign representatives, irrespective of their degree of inviolability or immunity, to comply with normal security measures instituted at Canadian airports. This includes submitting their personal carry-on luggage through x-ray.
- The personal baggage of a person having privileges and immunities equivalent to those afforded diplomatic agents are exempt from inspection, unless there are serious grounds for presuming that it contains articles the import or export of which is prohibited by Canadian law or otherwise controlled by the quarantine regulations. Such inspection shall be conducted only in the presence of the person or authorized representative.
- The search of baggage of any official associated with an international organization must take into account that the person may be carrying "archives", i.e. official files or correspondence of the organization, and these documents must not be manually searched. If a person claims to be carrying "archives", these must be excluded from manual search. For more information consult our guidelines on Diplomatic bags.
About family members
Accredited family members forming part of the household of multilateral officials with “D” category documents generally enjoy precisely the same privileges and immunities as those enjoyed by the principal.
Accredited family members of the administrative staff at ICAO with “J” category documents are entitled to the same privileges and immunities from the host country’s criminal jurisdiction as the principal. However, since these accredited family members have no official duties to perform, they enjoy no immunity from civil or administrative jurisdiction.
All other accredited family members of officials with “J” category accreditation documents enjoy no immunity and no personal inviolability at all.
For greater certainty when confronted with cases, please consult the Office of Protocol’s Diplomatic Security Liaison Unit.
Related content
- Scope of immunities and summary of law enforcement measures - Bilateral postings
- As the inviolability and immunities of accredited personnel with international organizations have a different basis than that of bilateral representatives (for example, diplomatic agents, career consular officers, etc.), law enforcement and other authorities can also refer to the following webpage: International organizations and other offices under the Foreign Missions and International Organizations Act or the Privileges and Immunities (North Atlantic Treaty Organisation) Act.
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