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

Act current to 2017-11-20 and last amended on 2015-06-01. Previous Versions

Marginal note:Proclamation for meeting of Parliament

 Whenever the Governor in Council places the Canadian Forces or any component or unit thereof on active service, if Parliament is then separated by an adjournment or prorogation that will not expire within ten days, a proclamation shall be issued for the meeting of Parliament within ten days, and Parliament shall accordingly meet and sit on the day appointed by the proclamation, and shall continue to sit and act in like manner as if it had stood adjourned or prorogued to the same day.

  • R.S., c. N-4, s. 32.

Service

Marginal note:Liability in case of regular force
  •  (1) The regular force, all units and other elements thereof and all officers and non-commissioned members thereof are at all times liable to perform any lawful duty.

  • Marginal note:Liability in case of reserve force

    (2) The reserve force, all units and other elements thereof and all officers and non-commissioned members thereof

    • (a) may be ordered to train for such periods as are prescribed in regulations made by the Governor in Council; and

    • (b) may be called out on service to perform any lawful duty other than training at such times and in such manner as by regulations or otherwise are prescribed by the Governor in Council.

  • Marginal note:Exception in case of reserve force

    (3) Nothing in subsection (2) shall be deemed to impose liability to serve as prescribed therein, without his consent, on an officer or non-commissioned member of the reserve force who is, by virtue of the terms of his enrolment, liable to perform duty on active service only.

  • Meaning of duty

    (4) In this section, duty means any duty that is military in nature and includes any duty involving public service authorized under section 273.6.

  • R.S., 1985, c. N-5, s. 33;
  • R.S., 1985, c. 31 (1st Supp.), s. 60;
  • 1998, c. 35, s. 8.

Limitation on Deployment

Marginal note:Persons under eighteen

 A person who is under the age of eighteen years may not be deployed by the Canadian Forces to a theatre of hostilities.

  • R.S., 1985, c. N-5, s. 34;
  • R.S., 1985, c. 31 (1st Supp.), s. 60;
  • 1998, c. 35, s. 9;
  • 2000, c. 13, s. 1.

Pay and Allowances

Marginal note:Treasury Board to establish
  •  (1) The rates and conditions of issue of pay of officers and non-commissioned members, other than military judges, shall be established by the Treasury Board.

  • Marginal note:Reimbursements and allowances

    (2) The payments that may be made to officers and non-commissioned members by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their service shall be determined and regulated by the Treasury Board.

  • R.S., 1985, c. N-5, s. 35;
  • R.S., 1985, c. 31 (1st Supp.), s. 60(E);
  • 1998, c. 35, s. 10.

Supply and Issue of Materiel

Marginal note:Ministerial approval

 The materiel supplied to or used by the Canadian Forces shall be of such type, pattern and design and shall be issued on such scales and in such manner as the Minister, or such authorities of the Canadian Forces as are designated by the Minister for that purpose, may approve.

  • R.S., c. N-4, s. 36.

Public Property

Marginal note:Liability for loss or damage

 The conditions under which and the extent to which an officer or non-commissioned member is liable to Her Majesty in respect of loss of or damage to public property shall be as prescribed in regulations.

  • R.S., 1985, c. N-5, s. 37;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.

Non-public Property

Marginal note:Non-public property of units
  •  (1) The non-public property of a unit or other element of the Canadian Forces shall vest in the officer from time to time in command of that unit or other element, and shall be used for the benefit of officers and non-commissioned members or for any other purpose approved by the Chief of the Defence Staff in the manner and to the extent authorized by the Chief of the Defence Staff.

  • Marginal note:Non-public property of disbanded units

    (2) The non-public property of every disbanded unit or other disbanded element of the Canadian Forces vested in the officer in command of that unit or other element shall pass to and vest in the Chief of the Defence Staff, and may be disposed of at the discretion and direction of the Chief of the Defence Staff for the benefit of all or any officers and non-commissioned members or former officers and non-commissioned members, or their dependants.

  • Marginal note:Non-public property of units or elements in altered circumstances

    (3) Where, by reason of a substantial reduction in the number of officers and non-commissioned members serving in a unit or other element of the Canadian Forces or by reason of a change in the location or other conditions of service of a unit or other element, the Chief of the Defence Staff considers it desirable to do so, he may direct that the non-public property or any part thereof that is vested in the officer in command of that unit or other element shall pass to and be vested in the Chief of the Defence Staff on the terms set out in subsection (2).

  • R.S., 1985, c. N-5, s. 38;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.
Marginal note:Other non-public property
  •  (1) Non-public property acquired by contribution but not contributed to any specific unit or other element of the Canadian Forces shall vest in the Chief of the Defence Staff and, subject to any specific directions by the contributor as to its disposal, may be disposed of at the discretion and direction of the Chief of the Defence Staff for the benefit of all or any officers and non-commissioned members or former officers and non-commissioned members, or their dependants.

  • Marginal note:By-products and refuse

    (2) By-products and refuse derived from rations and other consumable stores issued to the Canadian Forces for use in service kitchens, and the proceeds of the sale thereof, shall, to the extent that the Governor in Council may prescribe, be non-public property.

  • Marginal note:Alienation of non-public property

    (3) Except as authorized by the Chief of the Defence Staff, no gift, sale or other alienation or attempted alienation of non-public property is effectual to pass the property therein.

  • R.S., 1985, c. N-5, s. 39;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.
Marginal note:Liability for loss or damage

 The conditions under which and the extent to which an officer or non-commissioned member is liable to make restitution or reimbursement in respect of loss of or damage to non-public property resulting from the negligence or misconduct of that officer or noncommissioned member shall be as prescribed by the Minister.

  • R.S., 1985, c. N-5, s. 40;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.
Marginal note:Ministerial directions
  •  (1) The Chief of the Defence Staff shall exercise his authority under subsections 38(1) and (2) and 39(1) subject to any directions that may be given to him by the Minister for carrying the purposes and provisions of this section and sections 38 to 40 into effect.

  • Marginal note:Audit

    (2) Non-public property accounts shall be audited as the Minister may from time to time direct.

  • Marginal note:Special provision

    (3) The Financial Administration Act does not apply to non-public property.

  • R.S., c. N-4, s. 38.

Service Estates

Marginal note:Collection, administration and distribution
  •  (1) The service estates of officers and non-commissioned members who die during their service in the Canadian Forces may be collected, administered and distributed in whole or in part as prescribed in regulations made by the Governor in Council.

  • Definition of service estate

    (2) For the purposes of this section, but subject to any exceptions prescribed in regulations made by the Governor in Council, service estate means the following parts of the estate of a deceased officer or non-commissioned member mentioned in subsection (1):

    • (a) service pay and allowances;

    • (b) all other emoluments emanating from Her Majesty that, at the date of death, are due or otherwise payable;

    • (c) personal equipment that the deceased person is, under regulations, permitted to retain;

    • (d) personal or movable property, including cash, found on the deceased person or on a defence establishment or otherwise in the care or custody of the Canadian Forces; and

    • (e) in the case of an officer or non-commissioned member dying outside Canada, all other personal or movable property belonging to the deceased and situated outside Canada.

  • R.S., 1985, c. N-5, s. 42;
  • R.S., 1985, c. 31 (1st Supp.), s. 60;
  • 1998, c. 35, s. 11.

Presumption of Death

Marginal note:Authority to issue certificate

 Where an officer or non-commissioned member disappears under circumstances that, in the opinion of the Minister or such other authorities as the Minister may designate, raise beyond reasonable doubt a presumption that the officer or non-commissioned member is dead, the Minister or any such other authority may issue a certificate declaring that the officer or non-commissioned member is deemed to be dead and stating the date on which the death is presumed to have occurred, and the officer or non-commissioned member shall thenceforth, for the purposes of this Act and the regulations and in relation to his status and service in the Canadian Forces, be deemed to have died on that date.

  • R.S., 1985, c. N-5, s. 43;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.
 
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