Marginal note:Adaptation of the Act

• 3. (1) Pursuant to section 41 of the Act, the purpose of these Regulations is to adapt the provisions of the Act to accommodate the Canadian Forces, taking into account the need for their operational effectiveness.

• Marginal note:Other regulations

  (2) Unless otherwise indicated, no other regulations made under the Act apply to the Canadian Forces.

Marginal note:Members of the Forces

• 4. (1) The Act and these Regulations apply to Canadian Forces members — both officers and non-commissioned members — who are serving

  • (a) in the regular force; or

  • (b) in the reserve force and have been paid, as of March 31 in the reporting period, for 75 days or more of reserve service.

• Marginal note:Special force

  (2) The Act and these Regulations do not apply to Canadian Forces members who are serving in the special force.

Marginal note:Obligations of Chief of the Defence Staff

5. The Chief of the Defence Staff, acting within the scope of the Chief of the Defence Staff’s powers, duties and functions under section 18 of the National Defence Act, is responsible, in relation to the Canadian Forces,

• (a) for carrying out the obligations of an employer under the Act; and

• (b) for the application of these Regulations.

Marginal note:Scope of obligation

6. For the purposes of section 6 of the Act, the obligation to implement employment equity does not require the Chief of the Defence Staff

• (a) to enrol, re-engage or promote persons without basing the enrolment, re-engagement or promotion on the requirements specified in section 7; or

• (b) to undertake promotion campaigns or other measures to increase the degree of representation in the Canadian Forces of persons who do not meet the requirements specified in section 7.

Marginal note:Qualification or eligibility criteria

7. The enrolment, re-engagement or promotion of any person in the Canadian Forces shall be based on the following requirements, to the extent that they are consistent with the Canadian Human Rights Act:

• (a) the applicable criteria in the regulations, orders and instructions made under sections 12 and 18 of the National Defence Act; and

• (b) the liability to perform any lawful duty in accordance with section 33 of that Act.

Marginal note:Adaptation of section 8 of the Act

8. For the purposes of section 8 of the Act, the release of Canadian Forces members under an initiative to reduce the number of members of the Canadian Forces, or the number of members of any unit, element or military occupational group of the Canadian Forces, is not an employment barrier within the meaning of the Act.