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

Act current to 2017-05-11 and last amended on 2015-06-01. Previous Versions

Marginal note:Annual report

 The Provost Marshal shall, within three months after the end of each fiscal year, submit to the Chief of the Defence Staff a report concerning the activities of the Provost Marshal and the military police during the year. The Chief of the Defence Staff shall submit the report to the Minister.

  • 2013, c. 24, s. 4.

Powers of Command

Marginal note:Authority of officers and non-commissioned members

 The authority and powers of command of officers and non-commissioned members shall be as prescribed in regulations.

  • R.S., 1985, c. N-5, s. 19;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.

Enrolment

Marginal note:Commissioned officers
  •  (1) Commissions of officers in the Canadian Forces shall be granted by Her Majesty during pleasure.

  • Marginal note:Officer cadets and non-commissioned members

    (2) Persons shall be enrolled as officer cadets or as non-commissioned members for indefinite or fixed periods of service as may be prescribed in regulations made by the Governor in Council.

  • Marginal note:When consent of parent or guardian required

    (3) A person under the age of eighteen years shall not be enrolled without the consent of one of the parents or of the guardian of that person.

  • R.S., 1985, c. N-5, s. 20;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.
Marginal note:Ranks of officers and non-commissioned members
  •  (1) For the purposes of this Act, the ranks of the officers and non-commissioned members of the Canadian Forces shall be as set out in the schedule.

  • Marginal note:Designation

    (2) A person holding a rank set out in the schedule shall use, or be referred to by, a designation of rank prescribed in regulations made by the Governor in Council but only in the circumstances prescribed in those regulations.

  • R.S., 1985, c. N-5, s. 21;
  • R.S., 1985, c. 31 (1st Supp.), s. 60;
  • 2014, c. 20, s. 169.
Marginal note:Numbers in ranks and trade groups

 The maximum number of persons in each rank and trade group of the Canadian Forces shall be determined as prescribed in regulations made by the Governor in Council.

  • R.S., c. N-4, s. 22.
Marginal note:Obligation to serve
  •  (1) The enrolment of a person binds the person to serve in the Canadian Forces until the person is, in accordance with regulations, lawfully released.

  • Marginal note:Oaths and declarations on enrolment

    (2) Oaths and declarations required on enrolment shall be taken and subscribed before commissioned officers or justices of the peace and shall be in such forms as may be prescribed in regulations.

  • R.S., c. N-4, s. 23.
Marginal note:Consent to transfer

 No officer or non-commissioned member shall be transferred from the regular force to the reserve force or from the reserve force to the regular force unless the officer or non-commissioned member consents to the transfer.

  • R.S., 1985, c. N-5, s. 24;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.
Marginal note:Effect of receipt of pay if not enrolled

 A person who, although not enrolled or re-engaged for service, has received pay as an officer or non-commissioned member is, until the person claims to be released and is released, deemed to be an officer or non-commissioned member, as the case may be, of that component of the Canadian Forces through which the pay was received and to be subject to this Act as if the person were such an officer or non-commissioned member duly enrolled or re-engaged for service.

  • R.S., 1985, c. N-5, s. 25;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.
Marginal note:Effect of receipt of pay if irregularly enrolled
  •  (1) A person who, although erroneously or irregularly enrolled or re-engaged, has received pay as an officer or non-commissioned member of that component of the Canadian Forces in which the person was so enrolled or re-engaged, is deemed to be an officer or non-commissioned member, as the case may be, regularly enrolled or re-engaged, and is not, except as provided in subsection (2), entitled to be released on the ground of the error or irregularity.

  • Marginal note:Provision for release

    (2) A person who is, by virtue of subsection (1), deemed to be an officer or non-commissioned member and who claims to be released within three months after the date of commencement of the pay and establishes the error or irregularity referred to in that subsection shall, except when on active service or during an emergency, be released.

  • Marginal note:Method of release

    (3) The commanding officer of a person who claims to be released on the ground of not having been enrolled or re-engaged, or not having been regularly enrolled or re-engaged, shall forthwith forward the claim to the authority having power to effect the release and the person, if entitled to be released, shall be released with all convenient speed.

  • R.S., 1985, c. N-5, s. 26;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.

Attachment and Secondment

Marginal note:Manner and conditions of attachment and secondment

 An officer or non-commissioned member may be attached or seconded to another component of the Canadian Forces or to any department or agency of government, any public or private institution, private industry or any other body in such manner and under such conditions as are prescribed in any other Act or in regulations, but no officer or non-commissioned member of the reserve force who is not on active service shall be attached or seconded pursuant to this section unless the officer or non-commissioned member consents to the attachment or secondment.

  • R.S., 1985, c. N-5, s. 27;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.

Promotion

Marginal note:Authority to promote

 Subject to section 22 and to regulations, officers and non-commissioned members may be promoted by the Minister or by such authorities of the Canadian Forces as are prescribed in regulations made by the Governor in Council.

  • R.S., 1985, c. N-5, s. 28;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.

Grievances

Marginal note:Right to grieve
  •  (1) An officer or non-commissioned member who has been aggrieved by any decision, act or omission in the administration of the affairs of the Canadian Forces for which no other process for redress is provided under this Act is entitled to submit a grievance.

  • Marginal note:Exceptions

    (2) There is no right to grieve in respect of

    • (a) a decision of a court martial or the Court Martial Appeal Court;

    • (b) a decision of a board, commission, court or tribunal established other than under this Act; or

    • (c) a matter or case prescribed by the Governor in Council in regulations.

  • Marginal note:Military judges

    (2.1) A military judge may not submit a grievance in respect of a matter that is related to the exercise of his or her judicial duties.

  • Marginal note:Manner and conditions

    (3) A grievance must be submitted in the manner and in accordance with the conditions prescribed in regulations made by the Governor in Council.

  • Marginal note:No penalty for grievance

    (4) An officer or non-commissioned member may not be penalized for exercising the right to submit a grievance.

  • Marginal note:Correction of error

    (5) Notwithstanding subsection (4), any error discovered as a result of an investigation of a grievance may be corrected, even if correction of the error would have an adverse effect on the officer or non-commissioned member.

  • R.S., 1985, c. N-5, s. 29;
  • R.S., 1985, c. 31 (1st Supp.), s. 43;
  • 1998, c. 35, s. 7;
  • 2013, c. 24, s. 5.
Marginal note:Authorities for determination of grievances
  •  (1) The initial authority and subsequent authorities who may consider and determine grievances are the authorities designated in regulations made by the Governor in Council.

  • Marginal note:Different authorities

    (2) The regulations may provide that different types of grievances may be considered and determined by different authorities.

  • 1998, c. 35, s. 7.
Marginal note:Grievances submitted by military judges

 Despite subsection 29.1(1), a grievance submitted by a military judge shall be considered and determined by the Chief of the Defence Staff.

  • 2013, c. 24, s. 6.
Marginal note:Final authority

 The Chief of the Defence Staff is the final authority in the grievance process and shall deal with all matters as informally and expeditiously as the circumstances and the considerations of fairness permit.

  • 1998, c. 35, s. 7;
  • 2013, c. 24, s. 6.
 
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