Diplomatic Agents and Consular Officers as Representatives to ICAO

Information about Canada’s policy and related accreditation procedures

Last Update: Febuary 9, 2015

This webpage clarifies the conditions under which Canada recognizes and accredits bilateral diplomatic agents and consular officers as representatives to the International Civil Aviation Organization (ICAO) in Montreal.

While foreign States may dually appoint bilateral diplomatic agents and consular officers as representatives to ICAO, Canada may, under the Vienna Convention on Diplomatic Relations (VCDR) and Vienna Convention on Consular Relations (VCCR) set the number of occurrences of dual accreditations, and determine the conditions under which Member State representatives to ICAO can be vested with the exercise of diplomatic and consular functions.

For the purpose of this policy, the expression “representative” means a permanent representative, an alternative representative, an advisor or a technical expert of a permanent mission to ICAO.

Diplomatic Agents as Representatives to ICAO

Canada continues to accept that diplomatic agents, as defined under Article 1(e) of the VCDR and who maintain their primary residence in the National Capital Region (NCR), perform duties and functions connected with their State’s representation to ICAO. This general policy finds its basis in Article 5(3) of the VCDR. Given the notification requirements under the Headquarters Agreement between the Government of Canada and ICAO, an accredited diplomatic agent may only commence performing official functions as a representative of his/her country to ICAO once the Secretariat of ICAO has notified the Department in writing of the appointment.

Any person who is recognized, in a dual capacity, as a member of a diplomatic mission and representative to ICAO is listed under both headings in the Diplomatic List of the Government of Canada.

As bilateral diplomatic agents must, without exception, principally reside in the NCR, the Department expects that all sending States will quickly notify cases where a diplomatic agent dually appointed as representative to ICAO has relocated to, or is residing on a full-time basis in, Montreal. Such notification will result in the withdrawal of the bilateral accreditation, but without affecting the person’s diplomatic immunities that are enjoyed as a State Member representative to ICAO.

Career Consuls General based in Montreal as Permanent Representatives to ICAO

In Canada’s view, all States should endeavour to ensure that the exercise of consular functions remains a meaningful aspect of the conduct of bilateral affairs, and that it not be relegated to a peripheral activity. It must also be emphasized that a foreign State’s consular services, activities and functions cannot be conducted on the premises of ICAO or of any other international organization in Canada without the express permission of the Department. Canada relies on foreign States’ collaboration in strictly adhering to these principles.

Canada continues to accept that career heads of Consulates General in Montreal be dually admitted to the exercise of functions as their State’s Permanent representative to ICAO. This finds its basis in Article 17(2) of the VCCR. Canada has further accepted, namely since June 2013, to issue diplomatic accreditation in favour of such career Consuls General. Given the notification requirements under the Headquarters Agreement between the Government of Canada and ICAO, an accredited career consul general may only commence performing official functions as a representative of his/her country to ICAO once the Secretariat of ICAO has notified the Department in writing of the appointment. Arrangements for the issuance of the diplomatic accreditation to such career consuls general should normally be coordinated between the Department and the Secretariat of ICAO.

Also, any person who is recognized, in a dual capacity, as a career consul general and a permanent representative to ICAO is listed under both headings in the Diplomatic List of the Government of Canada.

Given that they are not engaged in diplomatic acts, “Members of the family forming part of the household” of career consuls general dually appointed as representatives to ICAO will not be entitled, under this policy, to claims of diplomatic immunity and the Department is unable to issue them a diplomatic accreditation.

Additional Career Consular Officers based in Montreal as Representatives to ICAO Entitled to Diplomatic Accreditation

In keeping with the preamble of section 2 of this policy the Department will accept that a country may have two representatives to ICAO appointed in a consular capacity, which includes the consul general (where such consul general is dually accredited).

In light of the notification requirements under the Headquarters Agreement between the Government of Canada and ICAO, an accredited career consular officer may only commence performing official functions as a representative of his/her country to ICAO only once the Secretariat of ICAO has notified the Department in writing of the appointment. Arrangements for the issuance of the diplomatic accreditation to any career consular officer dually appointed to ICAO should also normally be handled between the Department and the Secretariat of ICAO.

Any person who is recognized, in a dual capacity, as a career consular officer and a Representative to ICAO is listed under both headings in the Diplomatic List of the Government of Canada.

As in the case of career consuls general, and given that they are not engaged in diplomatic acts, “members of the family forming part of the household” of other consular officers dually appointed as representatives to ICAO will not be entitled to, under this policy, to claims of diplomatic immunity, and the Department is unable to issue them a diplomatic accreditation.

The Department will not generally give consideration to a foreign State’s request to grant a diplomatic accreditation to a third or more career consular officer who, from time to time, may perform functions in connection with his/her country’s representation to ICAO. In order to consider exceptions of this type and grant them diplomatic accreditation, the sending State will be required to submit a written and detailed justification via its diplomatic mission in Ottawa presenting evidence of financial and organizational hardship or other relevant factors.

Nothing in this section should be construed as diminishing Canada’s discretion to apply Article 20 of the VCCR.

Honorary Consular Officers based in Montreal as Representatives to ICAO

Canada continues to accept that honorary consular officers operating in Montreal be dually admitted to the exercise of functions as their State’s representative to ICAO if such appointment is required owing to the absence of career diplomatic agents and consular officers accredited to Canada. It must be clarified that representatives of a Member State to ICAO, who are Canadian citizens or Permanent Residents of Canada, are only entitled under Canadian law to immunity from legal process in respect to words spoken or written and of all acts performed by him/her in an official ICAO-related capacity. Under the circumstances, the Department does not issue them an accreditation, although will list them under the appropriate heading in the Diplomatic List of the Government of Canada.

Other Considerations

The Department appreciates the continued commitment of the heads of mission to the objective of ensuring that consular services and activities are not being conducted on the premises of ICAO.

Enquiries About Canada’s Policy

The Office of Protocol of Foreign Affairs, Trade and Development Canada manages the Accreditation Program and can be contacted at 343-203-3018 during normal working hours, namely from 8:00 a.m. to 4:00 p.m., Monday to Friday, except on statutory holidays.

All questions and concerns relating to this policy should be channelled via the sending State’s diplomatic mission.