Ryan Malloy
4ed92efd69
Cospas-Sarsat specification summaries moved to reference/ for internal use only. Links updated to point to official cospas-sarsat.int site. The extracted images remain in public/ for use in other pages.
395 lines
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395 lines
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Markdown
---
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title: "P006: P6NOV05E.doc"
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description: "Official Cospas-Sarsat P-series document P006"
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sidebar:
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badge:
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text: "P"
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variant: "note"
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# Extended Cospas-Sarsat metadata
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documentId: "P006"
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series: "P"
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seriesName: "Programme"
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documentType: "programme"
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isLatest: true
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documentDate: "May 2005"
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originalTitle: "P6NOV05E.doc"
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---
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> **📋 Document Information**
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>
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> **Series:** P-Series (Programme)
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> **Date:** May 2005
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> **Source:** [Cospas-Sarsat Official Documents](https://www.cospas-sarsat.int/en/documents-pro/system-documents)
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---
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P6NOV05
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C/S P.006
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UNDERSTANDING
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BETWEEN
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THE COSPAS-SARSAT PROGRAMME
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AND
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THE GOUVERNEMENT DU QUEBEC
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CONCERNING EXEMPTIONS, FISCAL ADVANTAGES AND COURTESIES
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ACCORDED TO THE PROGRAMME, REPRESENTATIVES OF MEMBER
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STATES AND OFFICIALS OF THE SECRETARIAT
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THE COSPAS-SARSAT PROGRAMME
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AND
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THE GOUVERNEMENT DU QUEBEC
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WHEREAS the COSPAS-SARSAT Programme established under the International
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COSPAS-SARSAT Programme Agreement signed in Paris on July 1, 1988, was created in
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order to utilise satellites and a worldwide network of ground stations to detect and relay
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distress signals from maritime, aviation and land-based users in support of the search and
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rescue objectives of the International Maritime Organization (IMO) and the International
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Civil Aviation Organization (ICAO);
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NOTING the decision of the Council of the COSPAS-SARSAT Programme to establish
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the headquarters of the COSPAS-SARSAT Programme in the City of Montreal;
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GIVEN the Headquarters Agreement between Canada, the Republic of France, the
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Russian Federation and the United States of America regarding the COSPAS-SARSAT
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Programme;
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WHEREAS the Gouvernement du Quebec wishes to enable the COSPAS-SARSAT
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Programme to adequately carry out its mandate and to facilitate its performance;
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HAVE REACHED THE FOLLOWING UNDERSTANDING:
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DEFINITIONS
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ARTICLE 1
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For the purposes of this Understanding, unless the context indicates otherwise:
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a)
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"Organization" means the COSPAS-SARSAT Programme, comprising the Council
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and the Secretariat, established by virtue of the International COSPAS-SARSAT
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Programme Agreement;
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b)
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"Council" means the Council of the COSPAS-SARSAT Programme as established
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by virtue of the International COSPAS-SARSAT Programme Agreement and as
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described in Article 8 of this Understanding;
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c)
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"Representatives of Member States" means representatives of States that are Party
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to the International COSPAS-SARSAT Programme Agreement;
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d)
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"Secretariat" means the Secretariat of the COSPAS-SARSAT Programme as
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established by virtue of the International COSPAS-SARSAT Programme Agreement
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and as described in Article 10 of this Understanding;
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e)
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"Head of Secretariat" means the Secretariat official who is the Head of Secretariat
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designated in Article 10.2 of the International COSPAS-SARSAT Programme
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Agreement;
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f)
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"Official" means a member of the staff of the Secretariat who is employed full-
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time, other than the Head of Secretariat;
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g)
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"Expert on a mission" means a person, other than a representative of a Member
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State or an Official, who performs missions for the COSPAS-SARSAT
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Programme, including experts from States and organizations officially associated
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with the COSPAS-SARSAT Programme who participates in a meeting or
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conference of the COSPAS-SARSAT Programme;
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h)
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"Permanent Resident" means a person admitted to Canada with the status of
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permanent resident pursuant to the applicable provisions of Canadian immigration
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legislation.
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Any term not defined in this Understanding has the meaning assigned to it by the
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International COSPAS-SARSAT Programme Agreement or the applicable legislation.
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ARTICLE 2
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For the application of the legislation of Quebec, the Gouvernement du Quebec recognizes
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the Organization as an international government organization.
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EXEMPTION FROM JURISDICTION
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ARTICLE 3
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The exemption from jurisdiction enjoyed by the Organization, its property and its assets,
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wherever located and by whomsoever held, will be applied by the courts in applying the
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laws of Quebec, except insofar as in any particular case the Council has waived such
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exemption.
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The exemptions from search, requisition, expropriation or any other form of interference,
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whether by executive, administrative, judicial or legislative action enjoyed by the property
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and assets of the Organization, wherever located and by whomsoever held, will be applied
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in the territory of Quebec, save where the Council consents to waive same.
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ARTICLE 4
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The exemption from jurisdiction enjoyed by the representatives of the Member States,
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including for their spoken and written words, as well as by their spouses and members of
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their families forming part of their households, will be applied by the courts in enforcing
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the laws of Quebec.
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The exemption from jurisdiction enjoyed by the Head of Secretariat, including for his
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spoken and written words, as well as by his spouse and his children who are minor, will be
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applied by the courts in enforcing the laws of Quebec, it being understood that the
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exemption from civil and administrative jurisdiction does not apply to:
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a)
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a real action relating to private immovable property situated in the territory of
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Quebec, unless they hold it on behalf of the Organization;
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b)
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an action relating to a succession in which they are involved as executor,
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administrator, heir or legatee as a private person, and not on behalf of the
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Organization;
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c)
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an action relating to any professional or commercial activity whatsoever exercised
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by them in Quebec outside their official functions.
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Notwithstanding the first two paragraphs of this Article, the representatives of the
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Member States and the Head of Secretariat who are Canadian citizens or Permanent
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Residents enjoy exemption from jurisdiction, including their spoken and written words,
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only when the courts apply the laws of Quebec for acts performed in their official
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capacity.
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The exemption from jurisdiction, including their spoken and written words, enjoyed by
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Officials and Experts on a mission will be applied by the courts in applying the laws of
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Quebec for acts performed in their official capacity.
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The Council or the Head of Secretariat, as the case may be, has the right and duty to waive
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the exemption from jurisdiction in any case where, in their opinion, the exemption would
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impede the course of justice and where the exemption can be waived without prejudice to
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the interests of the Organization or of a Party to the International COSPAS-SARSAT
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Programme Agreement.
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FISCAL ADVANTAGES
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ARTICLE 5
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The Organization will enjoy exemption from or refund of, as the case may be, the
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following duties and taxes:
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a)
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duties levied under the Taxation Act;
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b)
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consumption taxes levied under Quebec legislation in respect of property or
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services prescribed by regulation, subject to the conditions prescribed by
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regulation;
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c)
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duties levied under the Act respecting duties on transfers of immovables;
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d)
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charges that may be imposed under the Act to foster the development of manpower
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training.
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ARTICLE 6
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The Gouvernement du Quebec will exempt from any and all property, municipal or school
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taxes any immovable property of the Organization that is exclusively dedicated to carrying
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out its mandate and to exempt the Organization from any form of personal tax or
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municipal compensation that might be levied on it as the owner, lessee or occupant of an
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immovable property, with the exception of taxes levied and collected as payment for
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specific services rendered.
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ARTICLE 7
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Where the incidence of any form of taxation depends upon residence, periods during
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which Representatives of Member States and Experts on a mission who are not citizens of
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Canada or Permanent Residents are present in Canada for the discharge of their duties will
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not be considered as periods of residence.
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ARTICLE 8
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The Head of Secretariat who is not a Canadian citizen or Permanent Resident will enjoy
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exemption from or refund of, as the case may be, the following duties and taxes:
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a)
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taxes levied under the Taxation Act on income earned in the exercise of his or her
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duties or employment with the Organization;
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b)
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consumption taxes levied under Quebec legislation with respect to movable
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property or services prescribed by regulation, subject to the conditions prescribed
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by regulation, unless these taxes are levied with respect to goods or services
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purchased as part of any professional or commercial activity in Canada or any
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other office or employment other than his or her office or employment with the
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Organization.
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The Head of Secretariat contemplated in the first paragraph who resides in Canada for the
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discharge of his or her duties will also be exempt under the Taxation Act with regard to all
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other income he or she earns, provided he or she does not carry on a business in Canada or
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hold any office or employment other than his or her office or employment with the
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Organization.
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ARTICLE 9
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Officials who are neither citizens of Canada nor Permanent Residents will enjoy an
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exemption under the Taxation Act with regard to income from their office or employment
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with the Organization.
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The Officials contemplated in the first paragraph who reside in Canada will also enjoy the
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fiscal advantages outlined in the third paragraph if immediately prior to taking up their
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duties with the Organization:
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a)
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either they resided outside Canada; or
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b)
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they discharged duties for another international organization recognized by the
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Gouvernement du Quebec for the purpose of fiscal advantages and:
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i.
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either resided outside Canada immediately prior to taking up their duties
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with the other organization; or
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ii.
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had been in compliance with one of the requirements of this subparagraph
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immediately prior to taking up their duties with the other organization.
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The fiscal advantages contemplated in the second paragraph are the exemption from and
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refund of, as the case may be, the following duties and taxes:
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a)
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taxes levied under the Taxation Act on all income other than that contemplated in
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the first paragraph, provided they do not carry on a business in Canada or hold any
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office or employment other than their office or employment with the Organization;
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b)
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consumption taxes levied under Quebec legislation with respect to movable
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property or services prescribed by regulation, subject to the conditions prescribed
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by regulation, unless these taxes are levied with respect to goods or services
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purchased as part of any professional or commercial activities in Canada or any
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office or employment other than their office or employment with the Organization.
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ARTICLE 10
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Any pension that may be paid by the Organization to the Head of Secretariat or an Official
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who is or becomes upon retirement a citizen of Canada or a Permanent Resident ordinarily
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resident in Quebec will not be exempt from duties levied under the Taxation Act.
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ARTICLE 11
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Members of the families of the Head of Secretariat and of the Officials contemplated
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respectively in the first paragraph of Article 8 and the second paragraph of article 9 who
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reside with them and who are neither citizens of Canada nor Permanent Residents will
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benefit from an exemption from or a refund of, as the case may be, the following duties
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and taxes:
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a)
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duties levied under the Taxation Act, provided that they do not carry on a business
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in Canada or hold any office or employment in Canada;
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b)
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consumption taxes levied under Quebec legislation with respect to movable
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property or services prescribed by regulation, subject to the conditions prescribed
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by regulation, unless these taxes are levied with respect to goods or services
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purchased as part of any professional or commercial activities in Canada or any
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office or employment in Canada.
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PENSION PLAN
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ARTICLE 12
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Without prejudice to the privileges, courtesies and exemptions from which it might
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otherwise benefit, the Organization undertakes to comply with the Act respecting the
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Quebec Pension Plan, with respect only to the Head of Secretariat and the Officials who
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are citizens of Canada or Permanent Residents. In this regard, the employment in Quebec
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of the Head of Secretariat and Officials is considered as pensionable employment for the
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purposes of such Act, unless such employment is exempted under paragraph g of section 3
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of such Act
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OCCUPATIONAL HEALTH AND SAFETY
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ARTICLE 13
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The Gouvernement du Quebec undertakes to ensure to the Head of Secretariat and to the
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Officials of the Secretariat, including those contemplated in the first paragraphs of
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Articles 8 and 9, the protection of the Act respecting occupational health and safety and
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the Act respecting industrial accidents and occupational diseases under the conditions
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provided for in the Act.
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Without prejudice to the privileges, courtesies and exemptions from which it might
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otherwise benefits, the Organization undertakes to comply with the provisions of the Act
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respecting occupational health and safety and the Act respecting industrial accidents and
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occupational diseases, including those in respect of employer contributions to the
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occupational health and safety scheme, in order that the Head of Secretariat and the
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Officials may benefit from the scheme.
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HEALTH INSURANCE AND HOSPITAL INSURANCE
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ARTICLE 14
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The Gouvernement du Quebec undertakes to extend the benefits of the health insurance
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scheme, the hospital insurance scheme and other health services, in accordance with the
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prescribed conditions, to the Head of Secretariat and the Officials residing in Quebec, as
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well as the members of their families residing with them on a permanent basis, provided
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that the Head of Secretariat, the Officials and the members of their families registered
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with the Government pursuant to Article 21 are not citizens of Canada or Permanent
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Residents and, as such, are not registered under the health insurance scheme.
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Without prejudice to the privileges, courtesies and exemptions from which it might
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otherwise benefits, the Organization undertakes to comply with the provisions of the Act
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respecting the Regie de l'assurance maladie du Quebec with respect to employer
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contributions on the salaries that it pays to the Head of Secretariat and the Officials.
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For the purposes of this Article, members of the family of the Head of Secretariat or an
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Official include his or her spouse, children and father and mother who are financially
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dependent on him or her.
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STATUS OF THE ORGANIZATION WITH RESPECT TO
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THE CHARTER OF THE FRENCH LANGUAGE
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ARTICLE 15
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The Gouvernement du Quebec acknowledges that the Organization has the status of an
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international organization within the meaning of Article 92 of the Charter of the French
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Language for the purposes of this Charter.
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EDUCATION IN ENGLISH
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ARTICLE 16
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At the request of the Head of Secretariat or an Official contemplated in the first
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paragraphs of Articles 8 or 9, the ministere des Relations internationales will issue a
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document attesting that the person making the request is registered with the Department.
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This attestation will allow this person to obtain a temporary authorization from the
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Minister of Education so that his or her dependent child or that of his or her spouse may
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be taught in English, provided that the child is not a citizen of Canada.
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GENERAL TUITION FEE SCHEME
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ARTICLE 17
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The Gouvernement du Quebec undertakes to extend the benefits of the general tuition fee
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scheme, as it applies to Quebec students, to the Head of Secretariat and the Officials
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contemplated in the first paragraphs of Articles 8 and 9, as well as to their spouses and
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dependent children residing with them.
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AUTHORIZATION TO WORK IN QUEBEC
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ARTICLE 18
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Subject to the conditions prescribed by the regulations, the Gouvernement du Quebec
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undertakes to expedite the delivery of the authorization to work in Quebec to the spouse
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of the Head of Secretariat or an Official contemplated in the first paragraphs of Articles 8
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or 9, as well as their children residing with them on a permanent basis.
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CERTIFICATE OF SELECTION
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ARTICLE 19
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Subject to the conditions prescribed by the regulations, the Gouvernement du Quebec
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undertakes to expedite the delivery of a certificate of selection to the Head of Secretariat
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or an Official contemplated in the first paragraphs of Articles 8 or 9 and to those members
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of their families and to their dependents who wish to settle in Quebec as Permanent
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Residents.
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DRIVER'S LICENSE AND LICENSE PLATES
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ARTICLE 20
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The Gouvernement du Quebec undertakes to deliver, without examination, to the Head of
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Secretariat and to Officials contemplated in the first paragraphs of Articles 8 and 9, as
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well as to their spouses and adult children who are financially dependent on them and
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residing with them, on presentation of proof that they hold valid driver's licenses issued
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by their country of origin or by the country where they were previously posted, that they
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do not have Canadian citizenship and that they do not carry on a business or hold any
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office or employment in Quebec other than their functions with the Organization, a
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driver's license equivalent to the one they hold, valid for the duration of their assignment
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on payment of all fees and insurance contributions prescribed pursuant to the Automobile
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Insurance Act.
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Subject to the conditions prescribed in the regulations, the Head of Secretariat will be
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entitled to a diplomatic license plate on payment of all fees and insurance contributions
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prescribed pursuant to the Automobile Insurance Act.
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The Official vehicle used by the Organization may also bear diplomatic license plates,
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subject to the same conditions.
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NOTIFICATION
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ARTICLE 21
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For the application of the provisions of this Understanding, the Organization, at the start
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of each year, will provide the ministere des Relations internationales with a list of the
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names and status of each of the Representatives of the Member States, the Head of
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Secretariat and the Officials based in Quebec, with an indication of those contemplated in
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the first paragraphs of Articles 8 and 9, as well as the names of the members of their
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families residing with them. The Organization will also notify the ministere des Relations
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internationales of the names of persons who wish to avail themselves of the provisions of
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Article 17.
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The Organization will also notify the ministere des Relations internationales during the
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year of any changes in the list resulting from the arrival or departure of a Representative
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of a Member State, the Head of Secretariat or an Official, as well as the names and status
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of all Experts on a mission.
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ABUSE OF PRIVILEGES
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ARTICLE 22
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The Organization will cooperate with the Gouvernement du Quebec to prevent the use of
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exemptions, fiscal advantages and courtesies for any purpose other than those for which
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they were intended.
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Without prejudice to their exemptions, fiscal advantages and courtesies, it is the duty of all
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persons enjoying exemptions, fiscal advantages and courtesies under this Understanding
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to abide by the laws and regulations of Quebec.
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PROTECTION OF PERSONAL INFORMATION
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ARTICLE 23
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In communications between the Organization and the Gouvernement du Quebec, any
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information from which the identity of a physical or moral person can be easily
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determined is to be kept confidential and used solely for the purposes of this
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Understanding, unless its release is required under Quebec legislation.
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INTERPRETATION
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ARTICLE 24
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This Understanding is to be interpreted in light of its primary objective, which is to enable
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the Organization to adequately carry out its mandate and to facilitate its performance.
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ARTICLE 25
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Any dispute concerning the interpretation or application of this Understanding will be
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resolved by negotiation between the Parties.
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AMENDMENT
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ARTICLE 26
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This Understanding may be amended at the request of either Party. In order to do so, the
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Parties will consult each other on appropriate amendments to the provisions of the
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Understanding.
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TRANSFER OF THE HEADQUARTERS OF THE ORGANIZATION
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ARTICLE 27
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The Understanding will be terminated if the headquarters of the Organization are
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transferred outside the territory of Quebec, with the exception of the provisions of the
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Understanding which would be necessary to allow the Organization to terminate its
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activities and dispose of its property and assets in Quebec.
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EFFECTIVE DATE
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ARTICLE 28
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This Understanding will become effective on the date agreed in an exchange of
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notifications between the Parties.
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Either Party may terminate this Understanding by providing one year's written notice to
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the other Party.
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Done at Montreal , this day of 2005, in duplicate, in the English and French
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languages.
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FOR
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THE
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COSPAS-SARSAT
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PROGRAMME
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FOR THE GOUVERNEMENT
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DU QUEBEC
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Daniel Levesque
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Monique Gagnon-Tremblay
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Head of Secretariat
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Ministre des Relations
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internationales
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Ministre responsable de
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la Francophonie
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17th day of May 2005 |