Visiting Forces Act (R.S.C., 1985, c. V-2)

Act current to 2014-09-29 and last amended on 2005-12-12. Previous Versions

Marginal note:Firearms and drilling

 Members of a visiting force acting in the course of their duties, except civilian personnel,

  • (a) may, if authorized to do so by orders of the service authorities of the visiting force, possess and carry explosives, ammunition and firearms; and

  • (b) are not subject to the provisions of the Criminal Code relating to unlawful drilling or the making or possessing of explosives.

  • R.S., c. V-6, s. 14.

PART IIICLAIMS FOR PERSONAL INJURIES AND PROPERTY DAMAGE

Marginal note:Claims against designated states

 For the purposes of the Crown Liability and Proceedings Act,

  • (a) in the Province of Quebec

    • (i) a fault committed by a member of a visiting force while acting within the scope of their duties or employment shall be deemed to have been committed by a servant of the Crown while acting within the scope of their duties or employment,

    • (ii) property owned by or in the custody of a visiting force shall be deemed to be owned by or in the custody of the Crown, and

    • (iii) a service motor vehicle of a visiting force shall be deemed to be owned by the Crown; and

  • (b) in any other province,

    • (i) a tort committed by a member of a visiting force while acting within the scope of their duties or employment shall be deemed to have been committed by a servant of the Crown while acting within the scope of their duties or employment,

    • (ii) property owned, occupied, possessed or controlled by a visiting force shall be deemed to be owned, occupied, possessed or controlled by the Crown, and

    • (iii) a service motor vehicle of a visiting force shall be deemed to be owned by the Crown.

  • R.S., 1985, c. V-2, s. 15;
  • 1993, c. 34, s. 135;
  • 2001, c. 4, s. 172.
Marginal note:No proceedings lie where pension payable

 No proceedings lie against the Crown by virtue of section 15, or against any member of a visiting force who is deemed a servant of the Crown under section 15, in respect of a claim by a member of a visiting force or a dependant, or by a person who acts in the name of and for the benefit of the member or their estate or succession, arising out of the death, or injury to the person, of the member, if compensation has been paid or is payable by a designated state, or out of any funds administered by an agency of a designated state, for the death or injury.

  • R.S., 1985, c. V-2, s. 16;
  • 2004, c. 25, s. 181.
Marginal note:Enforcement of judgment

 A member of a visiting force is not subject to any proceedings for the enforcement of any judgment given against him in Canada in respect of a matter that arose while the member was acting within the scope of his duties or employment.

  • R.S., c. V-6, s. 17.