Canada

Declaration made upon ratification:

“In accordance with Article 70 and Article 10(1) of the Agreement under the United Nations Convention on the law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, Canada makes an exception to exclude retroactive application, as provided for in the second sentence of Article 10(1), such that the provisions of this Agreement, for Canada, apply only to activities with respect to marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction collected or generated after the entry into force of this Agreement for Canada.”

Declaration:

“Pursuant to Article 30 (5) of the Convention, Canada declares that any amendment to an annex to the Convention shall enter into force for Canada only upon the deposition of its instrument of ratification, acceptance, approval, or accession with respect thereto.”

Declaration:

“The Government of Canada considers the application of Article 2 (4) (c) of the International Convention for the Suppression of Acts of Nuclear Terrorism to be limited to acts committed in furthering a conspiracy of two or more persons to commit a specific criminal offence contemplated in paragraph 1, 2, or 3 of Article 2.”

Declarations:

"1. Article 14 (1) (b):
Article 14 (1) (b) provides that the obligation of a State Party to exchange financial intelligence shall be ‘within the conditions prescribed by its domestic law.' Given that Canadian law only permits the exchange of information between Financial Intelligence Units through bilateral agreements or arrangements, Canada will provide for exchange of the information referred to in this article only pursuant to such a bilateral agreement or arrangement.
2. Article 17:
It is the understanding of the Government of Canada that in relation to Article 17 the word ‘diversion' means embezzlement and misappropriation, which constitute the criminal offences of theft and fraud under current Canadian law.
3. Article 20:
Article 20 provides that the obligation of a State Party to criminalize illicit enrichment shall be ‘subject to its constitution and the fundamental principles of its legal system.' An offence of illicit enrichment is incompatible with the Constitution of Canada, more specifically with the Canadian Charter of Rights and Freedoms, and the fundamental principles of the Canadian legal system. Canada will therefor not create the offence of illicit enrichment.
4. Article 42 (2):
Article 42 (2) provides that a State Party ‘may' establish jurisdiction based on nationality. Given that Canada has effective and broad territorial jurisdiction over corruption offences, Canada does not intend to extend its jurisdiction in the case of an offence committed by a Canadian national beyond that existing territorial basis of jurisdiction.
5. Article 52:
Canada already imposes strict requirements on financial institutions within its jurisdiction to closely scrutinize foreign persons with prominent public functions and theirfamily members and close associates. It is the understanding of the Government of Canada that these current requirements satisfy Article 52, particularly in light of the negotiations of the State Paich led to the creation and inclusion of Article 52 in the Convention. Canada is in the process of undergoing consultations with a view to implementing legislative changes that would broaden this existing due diligence beyond the obligations contained in the Convention and expand the category of persons covered and the financial institutions in whom they apply. Canada will inform the Depository of the outcome of these discussions.
6. Article 54:
Canada will provide international assistance for the freezing, seizure and forfeiture of proceeds of crime and offence-related property only when the request is accompanied by an order from a court of criminal jurisdiction in the requesting country. In the case where international assistance is required for the forfeiture of this property, Canada will provide assistance only when the request is accompanied by a final order from such a court."

Declaration:

"In accordance with Article 23 of the Agreement on the Privileges and Immunities of the International Criminal Court, Canada declares that persons referred to in articles 15, 16, 18, 19 and 21 of the Agreement who are nationals or permanent residents of Canada enjoy, while in Canada, only the privileges and immunities as required for the independent performance of his or her functions, or his or her appearance or testimony before the International Criminal Court, as laid down in Article 23."

Declaration:

“Pursuant to Article 25, paragraph 4, of the Stockholm Convention on Persistent Organic Pollutants, Canada hereby declares that any amendment to Annex A, B or C shall enter into force for Canada only upon the deposit by Canada of its instrument of ratification, acceptance or approval with respect thereto.”

Declaration:

"Pursuant to article 3, paragraph 2, of the Optional Protocol to the Convention on the Rights of the Child on Involvement of Children in Armed Conflicts, Canada hereby declares:
1. The Canadian Armed Forces permit voluntary recruitment at the minimum age of 16 years.
2. The Canadian Armed Forces have adopted the following safeguards to ensure that recruitment of personnel under the age of 18 years is not forced or coerced:
(a) all recruitment of personnel in the Canadian Forces is voluntary. Canada does not practice conscription or any form of forced or obligatory service. In this regard, recruitment campaigns of the Canadian Forces are informational in nature. If an individual wishes to enter the Canadian Forces, he or she fills in an application. If the Canadian Forces offer a particular position to the candidate, the latter is not obliged to accept the position;
(b ) recruitment of personnel under the age of 18 is done with the informed and written consent of the person's parents or legal guardians. Article 20, paragraph 3, of the National Defence Act states that ‘a person under the age of eighteen years shall not be enrolled without the consent of one of the parents or the guardian of that person',
(c) personnel under the age of 18 are fully informed of the duties involved in military service. The Canadian Forces provide, among other things, a series of informational brochures and films on the duties involved in military service to those who wish to enter the Canadian Forces; and
(d) personnel under the age of 18 must provide reliable proof of age prior to acceptance into national military service. An applicant must provide a legally recognized document, that is an original or a certified copy of their birth certificate or baptismal certificate, to prove his or her age."

26 October 1999

Declaration :

"Canada intends to act in accordance with paragraph 7 of Article 3 of this Protocol."

Declaration:

"Canada declares that it considers the application of article 2 (3) (c) of the Terrorist Bombing Convention to be limited to acts committed in furthering a conspiracy of two or more persons to commit a specific criminal offence contemplated in paragraph 1 or 2 of article 2 of that Convention."

Understanding:

"It is the understanding of the Government of Canada that, in the context of operations, exercises or other military activity sanctioned by the United Nations or otherwise conducted in accordance with international law, the mere participation by the Canadian Forces, or individual Canadians, in operations, exercises or other military activity conducted in combination with the armed forces of States not party to the Convention which engage in activity prohibited under the Convention would not, by itself, be considered to be assistance, encouragement or inducement in accordance with the meaning of those terms in article 1, paragraph 1 (c)."

Declarations:

"Pursuant to article 30, paragraph 4 of the Agreement, the Government of Canada declares that it chooses an arbitral tribunal constituted in accordance with Annex VII of the United Nations Convention on the Law of the Sea of 10 December 1982 as the means for the settlement of disputes under Part VIII of the Agreement. In light of article 30, paragraph 1 of the Agreement, the Government of Canada also declares that it does not accept any of the procedures provided for in section 2 of Part XV of the Convention with respect to disputes referred to in article 298, paragraph 1 of the Convention.
According to article 42 of the Agreement, no reservations or exceptions may be made to the Agreement. A declaration or statement pursuant to article 43 of the Agreement cannot purport to exclude or modify the legal effect of the provisions of the Agreement in their application to the State or entity making it. Consequently, the Government of Canada declares that it does not consider itself bound by declarations or statements pursuant to article 43 of the Agreement that have been made or will be made by other States or by entities described in article 2 (b) of the Agreement and that exclude or modify the legal effect of the provisions of the Agreement in their application to the State or entity making it. Lack of response by the Government of Canada to any declaration or statement shall not be interpreted as tacit acceptance of that declaration or statement. The Government of Canada reserves the right at any time to take a position on any declaration or statement in the manner deemed appropriate."

Reservation:

“Inasmuch as under the Canadian constitutional system legislative jurisdiction in respect of environmental assessment is divided between the provinces and the federal government, the Government of Canada in ratifying this Convention, makes a reservation in respect of proposed activities (as defined in this Convention) that fall outside of federal legislative jurisdiction exercised in respect of environmental assessment.”

Reservations:

"(i) Article 21
With a view to ensuring full respect for the purposes and intent of article 20 (3) and article 30 of the Convention, the Government of Canada reserves the right not to apply the provisions of article 21 to the extent that they may be inconsistent with customary forms of care among aboriginal peoples in Canada.
"(ii) Article 37 (c)
The Government of Canada accepts the general principles of article 37 (c) of the Convention, but reserves the right not to detain children separately from adults where this is not appropriate or feasible.
Statement of understanding:

"Article 30
It is the understanding of the Government of Canada that, in matters relating to aboriginal peoples of Canada, the fulfilment of its responsibilities under article 4 of the Convention must take into account the provisions of article 30. In particular, in assessing what measures are appropriate to implement the rights recognized in the Convention for aboriginal children, due regard must be paid to not denying their right, in community with other members of their group, to enjoy their own culture, to profess and practice their own religion and to use their own language."

Declaration:

"With regard to article 287 of the Convention on the Law of the Sea, the Government of Canada hereby chooses the following means for the settlement of disputes concerning the interpretation or application of the Convention without specifying that one has precedence over the other:
(a) the International Tribunal for the Law of the Sea established in accordance with Annex VI of the Convention; and
(b) an arbitral tribunal constituted in accordance with Annex VII of the Convention.
With regard to Article 298, paragraph 1 of the Convention on the Law of the Sea, Canada does not accept any of the procedures provided for in Part XV, section 2, with respect to the following disputes:
- Disputes concerning the interpretation or application of articles 15, 74 and 83 relating to sea boundary delimitations, or those involving historic bays or titles;
- Disputes concerning military activities, including military activities by government vessels and aircraft engaged in non-commercial service, and disputes concerning law enforcement activities in regard to the exercise of sovereign rights or jurisdiction excluded from the jurisdiction of a court or tribunal under article 297, paragraph 2 or 3;
- Disputes in respect of which the Security Council of the United Nations is exercising the functions assigned to it by the Charter of the United Nations, unless the Security Council decides to remove the matter from its agenda or calls upon the parties to settle it by the means provided for in the Convention.
According to Article 309 of the Convention on the Law of the Sea, no reservations or exceptions may be made to the Convention unless expressly permitted by other articles of the Convention. A declaration or statement made pursuant to article 310 of the Convention cannot purport to exclude or to modify the legal effect of the provisions of the Convention in their application to the state, entity or international organization making it. Consequently, the Goernment of Canada declares that it does not consider itself bound by declarations or statements that have been made or will be made by other states, entities and international organizations pursuant to article 310 of the Convention and that exclude or modify the legal effect of the provisions of the Convention and their application to the State, entity or international organization making it. Lack of response by the Government of Canada to any declaration or statement shall not be interpreted as tacit acceptance of that declaration or statement. The Government of Canada reserves the right at any time to take a position on any declaration or statement in the manner deemed appropriate."

Reservation:

"In so accepting the said Agreement, the Government of Canada, pursuant to paragraph 3 of article 64, hereby retains for itself the right to tax the salaries and emoluments paid by the Bank to Canadian citizens, nationals and residents."

Declarations:

"1. It is the understanding of the Government of Canada that:
(a) The compliance of commanders and others responsible for planning, deciding upon, or executing attacks to which the Convention and its Protocols apply cannot be judged on the basis of information which subsequently comes to light but must be assessed on the basis of the information available to them at the time that such actions were taken; and
(b) Where terms are not defined in the present Convention and its Protocols they shall, so far as is relevant, be construed in the same sense as terms contained in additional Protocol I to the Geneva Conventions of August 12, 1949.
2. With respect to Protocol I, it is the understanding of the Government of Canada that the use of plastics or similar materials for detonators or other weapons parts not designed to cause injury is not prohibited.
3. With respect to Protocol II, it is the understanding of the Government of Canada that:
(a) Any obligation to record the location of remotely delivered mines pursuant to sub-paragraph 1 (a) of article 5 refers to the location of mine fields and not to the location of individual remotely delivered mines;
(b) The term 'pre-planned', as used in sub-paragraph 1 (a) of article 7 means that the position of the minefield in question should have been determined in advance so that an accurate record of the location of the minefield, when laid, can be made;
(c) The phrase 'similar functions' used in article 8, includes the concepts of `peace-making, preventive peace-keeping and peace enforcement' as defined in an agenda for peace (United Nations document A/47/277 S/2411 of 17 June 1992).
4. With respect to Protocol III, it is the understanding of the Government of Canada that the expression 'clearly separated' in paragraph 3 of article 2 includes both spatial separation or separation by means of an effective physical barrier between the military objective and the concentration of civilians."

"Subject to a reservation with respect to subparagraphs (i), (ii) and (iii) of paragraph 2 (b) of the amending article 14."

Reservation:

"Whereas Canada is desirous of acceding to the Convention on Psychotropic Substances, 1971, and whereas Canada's population includes certain small clearly determined groups who use in magical or religious rites certain psychotropic substances of plant origin included in the schedules to the said Convention, and whereas the said substance occur in plants which grow in North America but not in Canada, a reservation of any present or future application, if any, of the provisions of the said Convention to peyote is hereby made pursuant to article 32, paragraph 3 of the Convention."

"In acceding to the Vienna Convention on the Law of Trea- ties, the Government of Canada declares its understanding that nothing in article 66 of the Convention is intended to exclude the jurisdiction of the International Court of Justice where such jurisdiction exists under the provisions of any treaty in force binding the parties with regard to the settlement of disputes. In relation to states parties to the Vienna Convention which accept as compulsory the jurisdiction of the International Court of Justice, the Government of Canada declares that it does not regard the provisions of article 66 of the Vienna Convention as providing `some other method of peaceful settlement' within the meaning of paragraph 2 (a) of the declaration of the Government of Canada accepting as compulsory the jurisdiction of the International Court of Justice which was deposited with the Secretary-General of the United Nations on April 7, 1970."

"Canada retains for itself and its political subdivisions the right to tax Canadian citizens resident or ordinarily resident in Canada."

Declarations:

“1. In respect of article 5 (1) (b) and pursuant to article 5 (3) of the Convention, as regards the Right of Reproduction for Phonogram Producers (art. 10), Canada will not apply criterion of fixation .
2. In respect of article 5 (1) (c) and pursuant to article 5 (3) of the Convention, as regards the Secondary Users of Phonograms (art. 12), Canada will not apply criterion of publication.
3. In respect of article 6 (1) and pursuant to article 6 (2) of the Convention, Canada will protect broadcasts only if the headquarters of the broadcasting organization is situated in another Contracting State and the broadcast was transmitted from a transmitter situated in the same Contracting State.
4. In respect of article 12 and pursuant to article 16 (1) (a) (iv) of the Convention, as regards phonograms the producer of which is a national of another Contracting State, Canada will limit the protection provided for by article 12 to the extent to which, and to the term for which, the latter State grants protection to phonograms first fixed by a national of Canada.”

"The Government of Canada does not regard the statement concerning paragraph 1 of Article 11 of the Convention made by the Byelorussian Soviet Socialist Republic, the Ukrainian Soviet Socialist Republic and the Union of Soviet Socialist Republics as modifying any rights or obligations under this paragraph."
16 March 1978

"The Government of Canada does not regard as valid the reservations to paragraphs 2, 3 and 4 of article 37 of the Vienna Convention on Diplomatic Relations made by the People's Republic of China. Similarly the Government of Canada does not regard as valid the reservations to paragraph 2 of article 37 of the Convention which have been made by the Government of the United Arab Republic (now the Arab Republic of Egypt), the Government of Cambodia (now Kampuchea) and the Government of the Kingdom of Morocco.
"The Government of Canada does not regard the statement concerning paragraph 1 of article 11 of the Convention made by the Government of the Mongolian People's Republic, the Government of Bulgaria, the Government of the German Demo- cratic Republic and the People's Democratic Republic of Yemen as modifying any rights and obligations under that paragraph.
"The Government of Canada also desires to place on record that it does not regard as valid the reservations to paragraph 3 of article 27 of the Convention made by the Government of Bahrain and the reservations to paragraph 4 of article 27 made by the State of Kuwait and the Government of the Libyan Arab Jamahiriya."

20 October 1987

"The Government of Canada declares that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the laws of Canada, except in the case of the Province of Quebec where the law does not provide for such limitation."

"The Government of Canada wishes to make the following declaration with respect to article 1 of the Convention:
"In the view of the Canadian Government the presence of an accidental feature such as a depression or a channel in a submerged area should not be regarded as constituting an interruption in the natural prolongation of the land territory of the coastal state into and under the sea."

"Inasmuch as under the Canadian constitutional system legislative jurisdiction in respect of political rights is divided between the provinces and the Federal Government, the Government of Canada is obliged, in acceding to this Convention, to make a reservation in respect of rights within the legislative jurisdiction of the provinces."

“Subject to the following reservation with reference to Articles 23 and 24 of the Convention:
"Canada interprets the phrase `lawfully staying' as referring only to refugees admitted for permanent residence: refugees admitted for temporary residence will be accorded the same treatment with respect to the matters dealt with in articles 23 and 24 as is accorded visitors generally."

Upon signature:

"Pursuant to article 2, paragraph 2 of the Protocol, Canada is pleased to inform other Parties to the present Protocol that it selects option ( b ) from among the three options available. Base year: 1988."