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

Full Document:  

Act current to 2019-11-19 and last amended on 2019-08-01. Previous Versions

PART IIThe Canadian Forces (continued)

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

Personal Effects of Absentees

Marginal note:Vesting and disposal

 The personal belongings and decorations of an officer or non-commissioned member who is absent without leave that are found in camp, quarters or otherwise in the care or custody of the Canadian Forces vest in Her Majesty and shall be disposed of in accordance with regulations made by the Governor in Council.

  • R.S., 1985, c. N-5, s. 44
  • R.S., 1985, c. 31 (1st Supp.), s. 60

Boards of Inquiry

Marginal note:Convening boards

  •  (1) The Minister, and such other authorities as the Minister may prescribe or appoint for that purpose, may, where it is expedient that the Minister or any such other authority should be informed on any matter connected with the government, discipline, administration or functions of the Canadian Forces or affecting any officer or non-commissioned member, convene a board of inquiry for the purpose of investigating and reporting on that matter.

  • Marginal note:Powers

    (2) A board of inquiry has, in relation to the matter before it, power

    • (a) to summon any person before the board and compel the person to give oral or written evidence on oath and to produce any documents and things under the person’s control that it considers necessary for the full investigation and consideration of that matter;

    • (b) to administer oaths;

    • (c) to receive and accept, on oath or by affidavit or otherwise, any evidence and other information the board sees fit, whether or not the evidence or information is or would be admissible in a court of law; and

    • (d) to examine any record and make any inquiry that the board considers necessary.

  • Marginal note:Access to on-board recordings

    (3) For greater certainty, a board of inquiry may have access to an on-board recording, as defined in subsection 22(1) of the Aeronautics Act, only if it is made available under that Act.

  • R.S., 1985, c. N-5, s. 45
  • R.S., 1985, c. 31 (1st Supp.), s. 60
  • 1998, c. 35, s. 13
  • 2014, c. 29, s. 22

Marginal note:Witness not excused from testifying

  •  (1) No witness shall be excused from answering any question relating to a matter before a board of inquiry when required to do so by the board of inquiry on the ground that the answer to the question may tend to criminate the witness or subject the witness to any proceeding or penalty.

  • Marginal note:Answer not receivable

    (2) No answer given or statement made by a witness in response to a question described in subsection (1) may be used or receivable against the witness in any disciplinary, criminal or civil proceeding, other than a hearing or proceeding in respect of an allegation that the witness gave the answer or made the statement knowing it to be false.

  • 1998, c. 35, s. 14

Cadet Organizations

Marginal note:Formation

  •  (1) The Minister may authorize the formation of cadet organizations under the control and supervision of the Canadian Forces to consist of persons of not less than twelve years of age who have not attained the age of nineteen years.

  • Marginal note:Training, administration, provision and command

    (2) The cadet organizations referred to in subsection (1) shall be trained for such periods, administered in such manner and provided with materiel and accommodation under such conditions, and shall be subject to the authority and command of such officers, as the Minister may direct.

  • Marginal note:Not part of Canadian Forces

    (3) The cadet organizations referred to in subsection (1) are not comprised in the Canadian Forces.

  • R.S., c. N-4, s. 43
  • 1974-75-76, c. 36, Sch. (DND) vote 1d, c. 66, s. 21

Educational Institutions

Marginal note:Establishment

  •  (1) The Governor in Council, and any other authorities that are prescribed or appointed by the Governor in Council for that purpose, may in the interests of national defence establish institutions for the training and education of officers and non-commissioned members, officers and employees of the Department, candidates for enrolment in the Canadian Forces or for employment in the Department and other persons whose attendance has been authorized by or on behalf of the Minister.

  • Marginal note:Control and administration

    (2) The institutions referred to in subsection (1) shall be governed and administered in the manner prescribed by the Minister.

  • R.S., 1985, c. N-5, s. 47
  • R.S., 1985, c. 31 (1st Supp.), s. 60
  • 1998, c. 35, s. 15

Service Associations

Marginal note:Establishment

  •  (1) The Governor in Council may establish associations and organizations for purposes designed to further the defence of Canada.

  • Marginal note:Accommodation, materiel and facilities

    (2) The Minister may authorize the provision of accommodation, materiel and facilities for the training, practice and use of the associations and organizations mentioned in subsection (1) and other associations and organizations designed to further the defence of Canada, whether or not the members of such associations and organizations are officers or non-commissioned members.

  • R.S., 1985, c. N-5, s. 48
  • R.S., 1985, c. 31 (1st Supp.), s. 60

Exercise of Authority

Marginal note:Exercise of authority of officer or non-commissioned member by another

 Any power or jurisdiction given to, and any act or thing to be done by, to or before any officer or non-commissioned member may be exercised by, or done by, to or before any other officer or non-commissioned member for the time being authorized in that behalf by regulations or according to the custom of the service.

  • R.S., 1985, c. N-5, s. 49
  • R.S., 1985, c. 31 (1st Supp.), s. 60

Marginal note:Method of signifying orders

 Orders made under this Act may be signified by an order, instruction or letter under the hand of any officer whom the authority that made those orders has authorized to issue orders on its behalf, and any order, instruction or letter purporting to be signed by any officer appearing therein to be so authorized is evidence that the officer is so authorized.

  • R.S., c. N-4, s. 47

Notification of Orders

Marginal note:Publication

  •  (1) All regulations and all orders and instructions issued to the Canadian Forces shall be held to be sufficiently notified to any person whom they may concern by their publication, in the manner prescribed in regulations made by the Governor in Council, in the unit or other element in which that person is serving.

  • Marginal note:Registered mail

    (2) All regulations and all orders and instructions relating to or in any way affecting an officer or non-commissioned member of the reserve force who is not serving with a unit or other element shall, when sent to the officer or non-commissioned member by registered mail, addressed to the latest known place of abode or business of the officer or non-commissioned member, be held to be sufficiently notified.

  • Marginal note:Saving provision

    (3) Notwithstanding subsections (1) and (2), all regulations and all orders and instructions referred to in those subsections shall be held to be sufficiently notified to any person whom they may concern by their publication in the Canada Gazette.

  • R.S., 1985, c. N-5, s. 51
  • R.S., 1985, c. 31 (1st Supp.), s. 60(E)

Validity of Documents

Marginal note:Authenticity of documents

 A commission, appointment, warrant, order or instruction in writing purported to be granted, made or issued under this Act is evidence of its authenticity without proof of the signature or seal affixed thereto or the authority of the person granting, making or issuing it.

  • R.S., c. N-4, s. 49

Marginal note:Signature on commissions

  •  (1) The Governor General may cause the signature of the Governor General to be affixed to a commission granted to an officer of the Canadian Forces by stamping the signature on the commission with a stamp approved by, and used for the purpose by authority of, the Governor General.

  • Marginal note:Validity of signature

    (2) A signature affixed in accordance with subsection (1) is as valid and effectual as if it were in the handwriting of the Governor General, and neither its authenticity nor the authority of the person by whom it was affixed shall be called in question, except on behalf of Her Majesty.

  • R.S., c. N-4, s. 50
 
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