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State Immunity Act (R.S.C., 1985, c. S-18)

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Act current to 2020-06-17 and last amended on 2012-03-13. Previous Versions

Procedure and Relief (continued)

Marginal note:Assistance for judgment creditors

  •  (1) At the request of any party in whose favour a judgment is rendered against a foreign state in proceedings referred to in section 6.1, the Minister of Finance or the Minister of Foreign Affairs may, within the confines of his or her mandate, assist, to the extent that is reasonably practical, any judgment creditor in identifying and locating the following property, unless the Minister of Foreign Affairs believes that to do so would be injurious to Canada’s international relations or either Minister believes that to do so would be injurious to Canada’s other interests:

    • (a) in the case of the Minister of Finance, the financial assets of the foreign state that are held within Canadian jurisdiction; and

    • (b) in the case of the Minister of Foreign Affairs, the property of the foreign state that is situated in Canada.

  • Marginal note:Disclosure of information

    (2) In exercising the power referred to in subsection (1), the Minister of Finance or the Minister of Foreign Affairs, as the case may be, may not disclose

    • (a) information that was produced in or for a government institution, without the authorization of the government institution; and

    • (b) information produced in circumstances other than those referred to in paragraph (a), without the authorization of the government institution that first received the information.

  • Definition of government institution

    (3) In subsection (2), government institution means any department, branch, office, board, agency, commission, corporation or other body for the administration or affairs of which a minister is accountable to Parliament.

  • 2012, c. 1, s. 8

Marginal note:No fine for failure to produce

  •  (1) No penalty or fine may be imposed by a court against a foreign state for any failure or refusal by the state to produce any document or other information in the course of proceedings before the court.

  • Marginal note:Exception

    (2) Subsection (1) does not apply either to an agency of a foreign state or to a foreign state that is set out on the list referred to in subsection 6.1(2) in respect of an action brought against that foreign state for its support of terrorism or its terrorist activity.

  • R.S., 1985, c. S-18, s. 13
  • 2012, c. 1, s. 9

General

Marginal note:Certificate is conclusive evidence

  •  (1) A certificate issued by the Minister of Foreign Affairs, or on his behalf by a person authorized by him, with respect to any of the following questions, namely,

    • (a) whether a country is a foreign state for the purposes of this Act,

    • (b) whether a particular area or territory of a foreign state is a political subdivision of that state, or

    • (c) whether a person or persons are to be regarded as the head or government of a foreign state or of a political subdivision of the foreign state,

    is admissible in evidence as conclusive proof of any matter stated in the certificate with respect to that question, without proof of the signature of the Minister of Foreign Affairs or other person or of that other person’s authorization by the Minister of Foreign Affairs.

  • Marginal note:Idem

    (2) A certificate issued by the Deputy Minister of Foreign Affairs, or on his behalf by a person designated by him pursuant to subsection 9(2), with respect to service of an originating or other document on a foreign state in accordance with that subsection is admissible in evidence as conclusive proof of any matter stated in the certificate with respect to that service, without proof of the signature of the Deputy Minister of Foreign Affairs or other person or of that other person’s authorization by the Deputy Minister of Foreign Affairs.

  • R.S., 1985, c. S-18, s. 14
  • 1995, c. 5, ss. 25, 27

Marginal note:Governor in Council may restrict immunity by order

 The Governor in Council may, on the recommendation of the Minister of Foreign Affairs, by order restrict any immunity or privileges under this Act in relation to a foreign state where, in the opinion of the Governor in Council, the immunity or privileges exceed those accorded by the law of that state.

  • R.S., 1985, c. S-18, s. 15
  • 1995, c. 5, s. 25

Marginal note:Inconsistency

 If, in any proceeding or other matter to which a provision of this Act and a provision of the Extradition Act, the Visiting Forces Act or the Foreign Missions and International Organizations Act apply, there is a conflict between those provisions, the provision of this Act does not apply in the proceeding or other matter to the extent of the conflict.

  • R.S., 1985, c. S-18, s. 16
  • 1991, c. 41, s. 13
  • 2000, c. 24, s. 70

Marginal note:Rules of court not affected

 Except to the extent required to give effect to this Act, nothing in this Act shall be construed or applied so as to negate or affect any rules of a court, including rules of a court relating to service of a document out of the jurisdiction of the court.

  • 1980-81-82-83, c. 95, s. 16

Marginal note:Application

 This Act does not apply to criminal proceedings or proceedings in the nature of criminal proceedings.

  • 1980-81-82-83, c. 95, s. 17
 
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