Accreditation: Non-Resident Foreign Representatives

Circular Note NO. XDC-0708 of August 1, 2008

The Department of Foreign Affairs and International Trade (Office of Protocol) presents its compliments to Their Excellencies the Heads of Diplomatic Missions and notified Charges d’affaires a.i, accredited to Canada, and has the honour to provide an updated policy relating to the accreditation of non-resident foreign representatives. The foregoing supersedes the Department’s Circular Note XDC-0490 of March 28, 2003.

Policy Statement

Canada may, by mutual consent with a sending State, allow the accreditation of non-resident representatives of that State. This policy finds its basis in Article 5(1) of the which states, inter alia, that:

The sending State may, after it has given due notification to the receiving States concerned, accredit a head of mission or assign any member of the diplomatic staff as the case may be, to more than one State, unless there is express objection by any of the receiving States.

Canada may however limit the number of non-resident personnel that a foreign State can accredit. Also, where the non-resident personnel only enjoys consular (functional) immunity in the primary country of accreditation, such officer would not normally be entitled to greater immunity from jurisdiction in Canada. For example, a non-resident person based in New York who is accredited by the US Department of State as a consular officer would not be entitled to diplomatic status in Canada. Rather, the person would only be granted consular status.

Who is Entitled to Non-Resident Accreditation

Canada confers diplomatic status and related “D” Acceptances and matching Identity Cards to the following non-residents:

  1. Heads of Mission and their spouses, provided that agrément has been granted to the principal;
  2. Defence and Military Attaches and their spouses, provided that agrément has been granted to the principal;
  3. Diplomatic Agents, if such persons are carrying out their functions from a permanent mission of the sending State in the primary country of accreditation.

At times, Canada may also confer consular status and related “C” Acceptances and matching Identity Cards to non-residents who carry out their functions from a consular post of the sending State in the primary country of accreditation.

Effective immediately, in the case of non-resident Diplomatic Agents and Career Consular Officers, it is essential that such persons first obtain a single entry visa from a Canadian mission or post in the primary country of accreditation prior to the sending State submitting the accreditation request.

Related References

The Department of Foreign Affairs and International avails itself of this opportunity to renew to Their Excellencies and notified Charges d’affaires a.i. accredited to Canada the consideration.

Ottawa, August 1, 2008