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Notice

Vol. 136, No. 39 — September 28, 2002

Order Respecting the Privileges and Immunities of the United Nations Educational, Scientific and Cultural Organization and Its Institute for Statistics

Statutory Authority

Foreign Missions and International Organizations Act

Sponsoring Department

Department of Foreign Affairs and International Trade

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The purpose of this Order is to grant privileges and immunities to the United Nations Educational, Scientific and Cultural Organization (UNESCO), including the UNESCO Institute for Statistics. This Order also gives privileges and immunities to representatives of UNESCO's member states, to officials and senior officials of UNESCO, and to experts on missions for UNESCO.

These privileges and immunities will be granted to ensure Canada's compliance with the Agreement concluded between the Government of Canada and the United Nations Educational, Scientific and Cultural Organization Concerning the Establishment in Canada of the Seat of the UNESCO Institute for Statistics, signed in Paris on May 18, 2001, and in force since the same day.

The Convention on the Privileges and Immunities of the United Nations (the Convention) is set out in Schedule III to the Foreign Missions and International Organizations Act, and the Vienna Convention on Diplomatic Relations (the Vienna Convention) is set out in Schedule I.

By reference to specific Articles of the Convention and the Vienna Convention, this Order will grant UNESCO certain privileges and immunities.

The Order will be interpreted in conformity with the Regulation Clarifying the Application of Provisions of the Convention on the Privileges and Immunities of the United Nations (SOR/2002-195), which ensures that the application of certain terms of the Convention is consistent with the Modernization of Benefits and Obligations Act. This law extends benefits and obligations equally to all couples who have been cohabiting in a conjugal relationship for at least one year (common-law opposite-sex and same-sex partners).

The Privileges and Immunities Granted to UNESCO

UNESCO will be granted privileges and immunities as set out in Article II, sections 2, 3, 4, 5, 7, and Article III of the Convention. This means that any property and assets of UNESCO will enjoy immunity from any legal process and would be immune from search, requisition, confiscation, expropriation or any form of interference, whether by executive, administrative, judicial or legislative action. In addition, any premises or archives will be inviolable. It includes an exemption from direct taxes and customs duties with respect to UNESCO's assets, income and other property. Publications of UNESCO will be exempt from prohibition and restrictions on their import, export and sale.

The Privileges and Immunities Granted to Representatives of Member States to UNESCO

Representatives of UNESCO member states will receive the privileges and immunities set forth in Article IV of the Convention. These privileges and immunities include immunity from personal arrest or detention and from seizure of their personal baggage, immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives, inviolability for all papers and documents, the right to use codes and to receive papers or correspondence by courier or in sealed bags, exemption from immigration restrictions for themselves and their spouses, and the same immunities and facilities in respect of their personal baggage.

The Privileges and Immunities Granted to Officials of UNESCO

Officials of the Organization will be granted the privileges and immunities contained in Article V of the Convention, including immunity from legal process related to official acts. They will be granted, together with their spouses and relatives dependent on them, immunity from immigration restrictions and alien registration. They will enjoy immunity from national service obligations and privileges in respect of exchange facilities. They will enjoy, together with their spouses and relatives dependent on them, the same kind of repatriation facilities as would be provided to diplomatic envoys in a time of international crisis. Officials of the Organization who are Canadian citizens and permanent residents will not receive fiscal privileges by virtue of this Order.

The Privileges and Immunities Granted to Experts Performing Missions for UNESCO

Experts performing missions for UNESCO will be granted privileges and immunities under the Order, according to Article VI of the Convention. They will enjoy immunity from personal arrest or detention and from seizure of their personal baggage. They will be granted immunity from legal process of every kind relating to words spoken or written and all acts done by them in the course of the performance of their mission, inviolability for all papers and documents, the right to use codes and to receive papers or correspondence by courier or in sealed bags, facilities in respect of currency or exchange restrictions, and the same immunities and facilities as diplomatic envoys in respect of their personal baggage. It should be noted that experts performing missions enjoy a "functional" level of immunity, which means that they are accorded immunities only in the exercise of their official duties or functions.

The Privileges and Immunities Granted to Senior Officials of UNESCO

The Order will grant to senior officials of the Organization who are not Canadian citizens or permanent residents of Canada privileges and immunities comparable to those granted to diplomatic envoys by the Vienna Convention. These include immunity from personal arrest or detention, exemption from immigration restrictions and immunities in respect of personal baggage.

Alternatives

To allow Canada to fulfil its international commitment, there is no alternative solution but to adopt this Order.

Benefits and Costs

This initiative will allow Canada to fulfil its international commitment, while a positive impact is anticipated on the Canadian economy due to the presence in Canada of the UNESCO Institute for Statistics.

Consultation

Representatives of the Department of Foreign Affairs and International Trade consulted with those of the Departments of Finance, Justice, Citizenship and Immigration and the Privy Council Office in support of the Order.

Compliance and Enforcement

As the purpose of this Order is to grant specific privileges and immunities, appropriate actions will be taken on a case by case basis.

Contact

Keith Morrill, Director, Criminal, Security and Treaty Law Division, Department of Foreign Affairs and International Trade, 125 Sussex Drive, Ottawa, Ontario K1A 0G2, (613) 995-8508 (Telephone), (613) 944-0870 (Facsimile), keith.morrill@dfait-maeci.gc.ca (Electronic mail).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to paragraphs 5(1)(a), (b), (c) (see footnote a) , (f) (see footnote b) , (g) and (h) of the Foreign Missions and International Organizations Act (see footnote c) , proposes to make the annexed Order Respecting the Privileges and Immunities of the United Nations Educational, Scientific and Cultural Organization and Its Institute for Statistics.

Interested persons may make representations with respect to the proposed Order within 15 days after the date of publication of this notice. All such representation must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Keith Morrill, Director, Criminal, Security and Treaty Law Division, Department of Foreign Affairs and International Trade, 125 Sussex Drive, Ottawa, Ontario, K1A 0G2.

Ottawa, September 24, 2002

EILEEN BOYD
Assistant Clerk of the Privy Council

ORDER RESPECTING THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION AND ITS INSTITUTE FOR STATISTICS

INTERPRETATION

1. The following definitions apply in this Order.

"Act" means the Foreign Missions and International Organizations Act. (Loi)

"Convention on Privileges and Immunities" means the Convention on the Privileges and Immunities of the United Nations (see footnote 1) set out in Schedule III to the Act. (Convention sur les privilèges et immunités)

"Director-General" means the Director-General of UNESCO. (directeur général)

"Institute" means the UNESCO Institute for Statistics located in Montreal. (Institut)

"permanent resident" has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (résident permanent)

"UNESCO" means the United Nations Educational, Scientific and Cultural Organization. (UNESCO)

"Vienna Convention" means the Vienna Convention on Diplomatic Relations set out in Schedule I to the Act. (Convention de Vienne)

LEGAL CAPACITY

2. UNESCO has the legal capacities of a body corporate.

PRIVILEGES AND IMMUNITIES OF UNESCO

Convention on Privileges and Immunities

3. UNESCO has the privileges and immunities set out in Articles II and III of the Convention on Privileges and Immunities to the extent that they are specified in sections 4 to 10.

Property, Funds and Assets

4. (1) UNESCO, its property and assets, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process except in so far as in any particular case UNESCO has expressly waived its immunity. No waiver of immunity extends to any measure of execution except with UNESCO's express consent.

(2) The property and assets of UNESCO, wherever located and by whomsoever held, are immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.

5. Without being restricted by financial controls, regulations or moratoria of any kind, UNESCO may

6. The premises of UNESCO are inviolable, subject to the application of fire or safety regulations.

7. The archives of UNESCO, and in general all documents belonging to it or held by it, are inviolable, wherever located.

8. (1) UNESCO, its assets, income and other property are

(2) UNESCO shall 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 UNESCO 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 shall, whenever possible, make appropriate administrative arrangements for the remission or return of the amount of duty or tax.

Communications

9. (1) UNESCO shall enjoy for its official communications treatment not less favourable than that accorded by the Government of Canada to any other Government, including the latter's diplomatic mission, in the matter of priorities, rates and taxes on mails, cables, telephone and other communications, and press rates for information to the press and radio.

(2) No censorship shall be applied to the official correspondence and other official communications of UNESCO.

10. UNESCO has the right to use codes and to dispatch and receive its correspondence by courier or in bags, which have the same immunities and privileges as diplomatic couriers and bags.

REPRESENTATIVES OF FOREIGN STATES

11. (1) In this section, "representatives of a member" means representatives of a foreign state that is a member of UNESCO and includes all delegates, deputy delegates, advisers, technical experts and secretaries of delegations of the foreign state.

(2) The representatives of a member have the privileges and immunities set out in Article IV of the Convention on Privileges and Immunities to the extent that they are specified in this section.

(3) Representatives of a member to the principal and subsidiary organs of UNESCO and to conferences convened by UNESCO or by the Institute on UNESCO's behalf shall, while exercising their functions and during their journey to and from the place of meeting in Canada, enjoy the following privileges and immunities:

(4) In order to secure, for the representatives of a member to the principal and subsidiary organs of UNESCO and to conferences convened by UNESCO or the Institute in UNESCO's name, complete freedom of speech and independence in the discharge of their duties, the immunity from legal process in respect of words spoken or written and all acts done by them in discharging their duties continues to be accorded, notwithstanding that the persons concerned are no longer representatives of a member.

(5) Where the incidence of any form of taxation depends upon residence, periods during which the representatives of a member to the principal and subsidiary organs of UNESCO and to conferences convened by UNESCO or by the Institute in UNESCO's name are present in Canada for the discharge of their duties are not considered as periods of residence.

(6) Privileges and immunities are accorded to the representatives of a member not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions in connection with UNESCO.

(7) A foreign state not only has the right but is under a duty to waive the immunity of its representative in any case where in the opinion of the foreign state the immunity would impede the course of justice, and it can be waived without prejudice to the purpose for which the immunity is accorded.

(8) Subsections (3) to (5) do not apply in respect of a Canadian citizen or a permanent resident.

SENIOR OFFICIALS

12. (1) The following senior officials, if they are not Canadian citizens or permanent residents, are designated under paragraph 5(1)(f) of the Act:

(2) Designated senior officials have the privileges and immunities comparable to the privileges and immunities accorded to diplomatic agents under the Vienna Convention.

(3) Privileges and immunities are granted to designated senior officials in the interests of UNESCO and not for the personal benefit of the individuals themselves.

(4) The Director-General has the right and the duty to waive the immunity granted to a designated senior official in any case where, in the opinion of the Director-General, the immunity would impede the course of justice and can be waived without prejudice to the interests of UNESCO. In the case of the Director-General, the General Conference of UNESCO has the right to waive immunity.

OTHER OFFICIALS

13. (1) The following officials are designated under paragraph 5(1)(g) of the Act:

(2) Designated officials have the privileges and immunities set out in section 18 of Article V of the Convention on Privileges and Immunities to the extent that they are specified in this section.

(3) Designated officials shall

(4) Privileges and immunities are granted to designated officials in the interests of UNESCO and not for the personal benefit of the individuals themselves.

(5) The Director-General has the right and the duty to waive the immunity of any designated official in any case where, in the opinion of the Director-General, the immunity would impede the course of justice and can be waived without prejudice to the interests of UNESCO.

EXPERTS

14. (1) Experts who perform missions for UNESCO are designated under paragraph 5(1)(h) of the Act and have the privileges and immunities set out in Article VI of the Convention on Privileges and Immunities to the extent that they are specified in this section.

(2) Designated experts performing missions for UNESCO 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

(3) The immunity from legal process described in paragraph (2)(b) continues to be enjoyed notwithstanding that the persons concerned are no longer employed on missions for UNESCO.

(4) Privileges and immunities are granted to designated experts in the interests of UNESCO and not for the personal benefit of the individuals themselves.

(5) The Director-General has the right and the duty to waive the immunity of any designated expert in any case where, in the opinion of the Director-General, the immunity would impede the course of justice and can be waived without prejudice to the interests of UNESCO.

COMING INTO FORCE

15. This Order comes into force on the day on which it is registered.

[39-1-o]

Regulations Amending the Food and Drug Regulations (1214 — Cyhalothrin-lambda)

Statutory Authority

Food and Drugs Act

Sponsoring Department

Department of Health

REGULATORY IMPACT ANALYSIS STATEMENT

Description

Cyhalothrin-lambda is registered under the Pest Control Products Act as an insecticide for the control of a wide variety of insect pests on numerous crops. Maximum Residue Limits (MRLs) have been established under the Food and Drugs Act for residues of cyhalothrin-lambda resulting from these uses at 2 parts per million (p.p.m.) in head lettuce, 0.4 p.p.m. in broccoli and cabbage, 0.3 p.p.m. in sunflower oil and 0.2 p.p.m. in sunflower seeds. MRLs have also been established at 1 p.p.m. in milk and 0.2 p.p.m. in meat of cattle, goats, hogs, horses and sheep to cover residues in food derived from animals fed with crops treated with cyhalothrin-lambda. By virtue of subsection B.15.002(1) of the Food and Drug Regulations, the MRL for other foods is 0.1 p.p.m.

The Pest Management Regulatory Agency (PMRA), of Health Canada, has recently approved an application to amend the registration of cyhalothrin-lambda in order to allow its use for the control of insect pests on corn and tomatoes. This proposed regulatory amendment would establish MRLs for residues of cyhalothrin-lambda resulting from this use in corn, corn flour and tomatoes, in order to permit the sale of food containing these residues.

Before making a registration decision regarding a new use of a pest control product, the PMRA conducts the appropriate assessment of the risks and value of the product specific to its proposed use. The registration of the pest control product will be amended if: the data requirements for assessing value and safety have been adequately addressed; the evaluation indicates that the product has merit and value; and the human health and environmental risks associated with its proposed use are acceptable.

The human health risk assessment includes an assessment of dietary risks posed by expected residues of the pest control product, as determined through extensive toxicological studies. An acceptable daily intake (ADI) and/or acute reference dose (ARD) is calculated by applying a safety factor to a no observable adverse effect level or, in appropriate cases, by applying a risk factor which is calculated based on a linear low-dose extrapolation. The potential daily intake (PDI) is calculated from the amount of residue that remains on each food when the pest control product is used according to the proposed label and the intake of that food from both domestic and imported sources in the diet. PDIs are established for various Canadian subpopulations and age groups, including infants, toddlers, children, adolescents and adults. Provided the PDI does not exceed the ADI or ARD for any subpopulation or age group, and the lifetime risk is acceptable, the expected residue levels are established as MRLs under the Food and Drugs Act to prevent the sale of food with higher residue levels. Since, in most cases, the PDI is well below the ADI and lifetime risks are very low when MRLs are originally established, additional MRLs for the pest control product may be added in the future.

After the review of all available data, the PMRA has determined that MRLs for cyhalothrin-lambda of 0.15 p.p.m. in corn flour, 0.1 p.p.m. in tomatoes and 0.05 p.p.m. in corn would not pose an unacceptable health risk to the public. This proposed regulatory amendment would also amend the chemical name of cyhalothrin-lambda in order to comply with international nomenclature conventions.

Alternatives

Under the Food and Drugs Act, it is prohibited to sell food containing residues of pest control products at a level greater than 0.1 p.p.m. unless a higher MRL has been established in Table II, Division 15, of the Food and Drug Regulations. Also, under the Food and Drugs Act, the sale of food containing residues of pest control products at a level less than or equal to 0.1 p.p.m. is permitted unless a lower MRL has been established in Table II, Division 15, of the Food and Drug Regulations. In the case of cyhalothrin-lambda, establishment of MRLs for corn and corn flour is necessary to support the additional use of a pest control product which has been shown to be both safe and effective, while at the same time to prevent the sale of food with unacceptable residues.

Even though the sale of food containing residues of pest control products at a level greater than 0.1 p.p.m. would already be prohibited by virtue of subsection B.15.002(1) of the Food and Drug Regulations, the establishment of an MRL of 0.1 p.p.m. in Table II, Division 15, of the Regulations for residues of cyhalothrin-lambda in tomatoes would provide more clarity regarding the applicable MRL and would clearly indicate that the appropriate risk assessment has been completed. This is in keeping with current trends towards increased openness and transparency of regulatory processes and is consistent with current practices of most pesticide regulatory agencies throughout the world.

Benefits and Costs

The use of cyhalothrin-lambda on corn and tomatoes will provide joint benefits to consumers and the agricultural industry as a result of improved management of pests. In addition, this proposed regulatory amendment will contribute to a safe, abundant and affordable food supply by allowing the importation and sale of food commodities containing acceptable levels of pesticide residues.

Some costs may be incurred related to the implementation of analytical methods for analysis of cyhalothrin-lambda in the foods mentioned above. Resources required are not expected to result in significant costs to the Government.

Consultation

Registration decisions, including dietary risk assessments, made by the PMRA are based on internationally recognized risk management principles, which are largely harmonized among member countries of the Organization for Economic Cooperation and Development. Individual safety evaluations conducted by the PMRA include a review of the assessments conducted at the international level as part of the Joint Food and Agriculture Organization of the United Nations/World Health Organization Food Standards Programme in support of the Codex Alimentarius Commission, as well as MRLs adopted by other national health/regulatory agencies.

Compliance and Enforcement

Compliance will be monitored through ongoing domestic and/or import inspection programs conducted by the Canadian Food Inspection Agency when the proposed MRLs for cyhalothrin-lambda are adopted.

Contact

Geraldine Graham, Alternative Strategies and Regulatory Affairs Division, Pest Management Regulatory Agency, Health Canada, Address Locator 6607D1, 2720 Riverside Drive, Ottawa, Ontario K1A 0K9, (613) 736-3692 (Telephone), (613) 736-3659 (Facsimile), geraldine_graham@hc-sc.gc.ca (Electronic mail).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to subsection 30(1) (see footnote d) of the Food and Drugs Act, proposes to make the annexed Regulations Amending the Food and Drug Regulations (1214 — Cyhalothrin-lambda).

Interested persons may make representations with respect to the proposed Regulations within 75 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Geraldine Graham, Alternative Strategies and Regulatory Affairs Division, Pest Management Regulatory Agency, Department of Health, Address Locator 6607D1, 2720 Riverside Drive, Ottawa, Ontario K1A 0K9 (tel.: (613) 736-3692; fax: (613) 736-3659; e-mail: geraldine_graham@hc-sc.gc.ca).

Persons making representations should identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representations should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act.

Ottawa, September 24, 2002

EILEEN BOYD
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE FOOD AND DRUG REGULATIONS (1214 — CYHALOTHRIN-LAMBDA)

AMENDMENT

1. The portion of item C.13.1 of Table II to Division 15 of Part B of the Food and Drug Regulations (see footnote 2) in columns II to IV is replaced by the following:

	II	III	IV
Item No.	Chemical Name of Substance	Maximum Residue Limit p.p.m.	Foods
C.13.1	[1α(S^*),3α(Z)](±)-cyano(3-phenoxyphenyl)methyl 3-(2-chloro-3,3,3-trifluoro-1-propenyl)-2,2-dimethylcyclopropanecarboxylate	2	Head lettuce
C.13.1		1 (calculated on the fat content)	Milk
		0.4	Broccoli, cabbage
		0.3	Sunflower oil
		0.2	Meat of cattle, goats, hogs, horses and sheep, sunflower seeds
		0.15	Corn flour
		0.1	Tomatoes
		0.05	Corn

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.

[39-1-o]

Footnote a

S.C. 2002, c. 12, s. 3(2)

Footnote b

S.C. 2002, c. 12, s. 3(3)

Footnote c

S.C. 1991, c. 41

Footnote 1

The Regulations Clarifying the Application of Provisions of the Convention on the Privileges and Immunities of the United Nations deal with the application of the privileges and immunities set out in the Convention to common-law partners and minor children.

Footnote d

S.C. 1999, c. 33, s. 347

Footnote 2

C.R.C., c. 870

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with hypertext language (HTML). Its content is very similar except for the footnotes, the symbols and the tables.


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