National Defence Act

Marginal note:Power of Governor in Council to make regulations

• 12 (1) The Governor in Council may make regulations for the organization, training, discipline, efficiency, administration and good government of the Canadian Forces and generally for carrying the purposes and provisions of this Act into effect.

• Marginal note:Minister’s power to make regulations

  (2) Subject to section 13 and any regulations made by the Governor in Council, the Minister may make regulations for the organization, training, discipline, efficiency, administration and good government of the Canadian Forces and generally for carrying the purposes and provisions of this Act into effect.

• Marginal note:Treasury Board’s power to make regulations

  (3) The Treasury Board may make regulations

  • (a) prescribing the rates and conditions of issue of pay of military judges, the Director of Military Prosecutions and the Director of Defence Counsel Services;

  • (b) prescribing the forfeitures and deductions to which the pay and allowances of officers and non-commissioned members are subject; and

  • (c) providing for any matter concerning the pay, allowances and reimbursement of expenses of officers and non-commissioned members for which the Treasury Board considers regulations are necessary or desirable to carry out the purposes or provisions of this Act.

• Marginal note:Retroactive effect

  (4) Regulations made under paragraph (3)(a) may, if they so provide, have retroactive effect. However, regulations that prescribe the rates and conditions of issue of pay of military judges may not have effect

  • (a) in the case of an inquiry under section 165.34, before the day referred to in subsection 165.34(3) on which the inquiry that leads to the making of the regulations is to commence; or

  • (b) in the case of an inquiry under section 165.35, before the day on which the inquiry that leads to the making of the regulations commences.