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

Act current to 2014-04-02 and last amended on 2013-10-18. Previous Versions

Units and Other Elements

Marginal note:Organization
  •  (1) The Canadian Forces shall consist of such units and other elements as are from time to time organized by or under the authority of the Minister.

  • Marginal note:Components

    (2) A unit or other element organized under subsection (1) shall from time to time be embodied in such component of the Canadian Forces as may be directed by or under the authority of the Minister.

  • R.S., c. N-4, s. 17.

Chief of the Defence Staff

Marginal note:Appointment, rank and duties of Chief of Defence Staff
  •  (1) The Governor in Council may appoint an officer to be the Chief of the Defence Staff, who shall hold such rank as the Governor in Council may prescribe and who shall, subject to the regulations and under the direction of the Minister, be charged with the control and administration of the Canadian Forces.

  • Marginal note:Responsibility and channels of communication

    (2) Unless the Governor in Council otherwise directs, all orders and instructions to the Canadian Forces that are required to give effect to the decisions and to carry out the directions of the Government of Canada or the Minister shall be issued by or through the Chief of the Defence Staff.

  • R.S., c. N-4, s. 18.
Marginal note:Vice Chief of the Defence Staff

 There shall be an officer appointed by the Chief of the Defence Staff to be the Vice Chief of the Defence Staff.

  • 1998, c. 35, s. 6.
Marginal note:Absence or incapacity of Chief of the Defence Staff

 In the event of the absence or incapacity of the Chief of the Defence Staff, the Vice Chief of the Defence Staff, or any other officer that is specified by the Minister or the Chief of the Defence Staff, has the control and administration of the Canadian Forces.

  • 1998, c. 35, s. 6.

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.