Part 2, Volume 157 #18
Highlights
- Canada grants legal status and privileges to the NATO Climate Change and Security Centre of Excellence in Montreal, providing tax relief and immunities to its international personnel.
- Canada imposes additional sanctions on Russian individuals and entities, freezing assets and prohibiting transactions, in response to human rights violations and aggression in Ukraine.
- The Squamish Nation Residential Tenancy Regulations align with British Columbia’s laws, providing a dispute resolution mechanism and culturally safe supports for Indigenous residents on specific Squamish Nation reserve lands.
Legal Status and Privileges for NATO Climate Change Centre in Canada
The NATO Climate Change and Security Centre of Excellence Rights, Privileges and Immunities Order grants legal status and certain privileges and immunities to the NATO Climate Change and Security Centre of Excellence (CCASCOE) and its international personnel in Canada. The CCASCOE, which is expected to be operational in Montreal in fall 2023, will serve as a hub for addressing the security impacts of climate change and will be supported by Canada and 11 other NATO Allies.
The Order provides the CCASCOE with the legal capacity of a corporation, tax relief for its establishment and operation, and inviolability for its archives and documents. International personnel are exempt from income tax on salaries paid by foreign states, can import personal effects and furniture duty-free upon first arrival, and have the right to temporarily import private motor vehicles without duty.
The Order also outlines that any indemnity claims in Canada will be handled in accordance with the Paris Protocol. Canadian citizens residing in Canada are not exempt from taxes or duties under this Order. The privileges and immunities are in line with the Paris Protocol, which Canada is in the process of ratifying to fulfill its obligations as the host of a NATO international military organization. The Order was developed in consultation with relevant departments and stakeholders, and it does not impact small businesses or have wider gender-based analysis plus implications. [Source]
Canada Expands Sanctions on Russian Officials and Entities for Human Rights Violations
Canada has amended its Special Economic Measures (Russia) Regulations to impose sanctions on additional Russian individuals and entities due to ongoing human rights violations within Russia, which are linked to its aggression abroad, particularly in Ukraine. The Russian judicial system, under federal control, is being used to suppress criticism of the war against Ukraine and to sentence opposition voices.
The amendments add 15 individuals and 3 entities to the sanctions list, effectively freezing their assets and prohibiting transactions with them. These individuals are senior officials in Russia’s justice and security sectors, and the entities include two district courts and the Moscow City Court, all involved in sentencing Russian opposition leaders and critics.
The sanctions are part of Canada’s broader response to support Ukraine, which includes over Can$8 billion in assistance, military aid, and various support measures. Canada’s sanctions, coordinated with allies, target over 2,600 individuals and entities in Russia, Belarus, Ukraine, and Moldova, and include sectoral restrictions.
The sanctions are intended to impose economic costs on Russia, condemn its human rights violations, and align with international partners’ measures. The enforcement of these sanctions falls under the Royal Canadian Mounted Police and the Canada Border Services Agency, with penalties for non-compliance ranging from fines to imprisonment. [Source]
Amendment to Squamish Nation Residential Tenancy Regulations Sets Effective Date for Landlord and Tenant Laws on Reserve Lands
The Minister of Indigenous Services has amended Schedule 1 of the Squamish Nation Residential Tenancy Regulations to include September 1, 2023, as the effective date when the incorporated landlord and tenant laws will apply to specific project lands within the Squamish Nation reserves. These lands include Seaichem Indian Reserve No. 16, Lot 6; Capilano Indian Reserve No. 5, Lots 395 and 357; and Kitsilano Indian Reserve No. 6, Lots 1, 2, and 3.
The Squamish Nation Residential Tenancy Regulations, which came into force on June 19, 2023, under the First Nations Commercial and Industrial Development Act (FNCIDA), align on-reserve residential tenancy protections with those in British Columbia. The regulations incorporate BC’s Residential Tenancy Act, the Manufactured Home Park Tenancy Act, and their respective regulations, providing a formal dispute resolution mechanism and culturally safe supports for Indigenous residents.
The amendment to Schedule 1 was made following the Squamish Nation’s confirmation that they met specific regulatory requirements. This change allows the Squamish Nation to proceed with their housing projects and economic development plans with clarity on the tenancy protections in place.
The amendment does not impose any costs and is expected to benefit the Squamish Nation by providing regulatory certainty for housing projects that address the housing needs in Metro Vancouver. It also supports the Sen̓áḵw project, which aims to generate sustainable revenue for the Squamish Nation to fund socio-economic initiatives.
No consultations were deemed necessary beyond those already conducted by the Squamish Nation, as the order is administrative in nature. The amendment does not have implications for modern treaties, small businesses, or the one-for-one rule, and it does not have any identified environmental effects or gender-based analysis plus (GBA+) issues. Compliance and enforcement will be overseen by provincial officials as per the tripartite agreement between Canada, British Columbia, and the Squamish Nation. [Source]