National Defence Act (R.S.C., 1985, c. N-5)

Act current to 2013-05-26 and last amended on 2013-02-28. Previous Versions

Public Service

Marginal note:Public service
  •  (1) Subject to subsection (2), the Governor in Council or the Minister may authorize the Canadian Forces to perform any duty involving public service.

  • Marginal note:Law enforcement assistance

    (2) The Governor in Council, or the Minister on the request of the Minister of Public Safety and Emergency Preparedness or any other Minister, may issue directions authorizing the Canadian Forces to provide assistance in respect of any law enforcement matter if the Governor in Council or the Minister, as the case may be, considers that

    • (a) the assistance is in the national interest; and

    • (b) the matter cannot be effectively dealt with except with the assistance of the Canadian Forces.

  • Marginal note:Exception

    (3) Subsection (2) does not apply in respect of assistance that is of a minor nature and limited to logistical, technical or administrative support.

  • Marginal note:Restriction

    (4) The authority of the Minister under this section is subject to any directions issued by the Governor in Council.

  • 1998, c. 35, s. 87;
  • 2005, c. 10, s. 34.

PART V.1

COMMUNICATIONS SECURITY ESTABLISHMENT

Marginal note:Definitions

 The following definitions apply in this Part.

“Canadian”

« Canadien »

“Canadian” means a Canadian citizen, a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or a body corporate incorporated and continued under the laws of Canada or a province.

“entity”

« entité »

“entity” means a person, group, trust, partnership or fund or an unincorporated association or organization and includes a state or a political subdivision or agency of a state.

“foreign intelligence”

« renseignements étrangers »

“foreign intelligence” means information or intelligence about the capabilities, intentions or activities of a foreign individual, state, organization or terrorist group, as they relate to international affairs, defence or security.

“global information infrastructure”

« infrastructure mondiale d’information »

“global information infrastructure” includes electromagnetic emissions, communications systems, information technology systems and networks, and any data or technical information carried on, contained in or relating to those emissions, systems or networks.

“Minister”

« ministre »

“Minister” means the Minister of National Defence or such other member of the Queen’s Privy Council as may be designated by the Governor in Council to be responsible for the Communications Security Establishment.

“private communication”

« communication privée »

“private communication” has the same meaning as in section 183 of the Criminal Code.

  • 2001, c. 41, ss. 102, 128.