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

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Act current to 2019-08-15 and last amended on 2015-02-26. Previous Versions

PART IIDisciplinary Jurisdiction of Visiting Forces (continued)

Marginal note:Arrest

 For the purpose of enabling the service authorities and service courts of a visiting force to exercise more effectively the powers conferred on them by this Act, the Minister of National Defence, if so requested by the officer in command of the visiting force or by the designated state, may from time to time by general or special orders to the Canadian Forces, or any part thereof, direct the officers and non-commissioned members thereof to arrest members of the visiting force or dependants alleged to have been guilty of offences against the law of the designated state and to hand over any person so arrested to the appropriate authorities of the visiting force.

  • R.S., 1985, c. V-2, s. 10
  • R.S., 1985, c. 31 (1st Supp.), s. 61
  • 2015, c. 3, s. 164(F)

Marginal note:Place of incarceration

  •  (1) Where a member of a visiting force or a dependant of any such member has been sentenced by a service court to undergo a punishment involving incarceration, the incarceration may, at the request of the officer in command of the visiting force and in accordance with the regulations, be served wholly or partly in a penitentiary, civil prison, service prison or detention barrack, and the provisions of the National Defence Act respecting the carrying out of punishments of incarceration imposed on officers and non-commissioned members of the Canadian Forces apply with such modifications as the circumstances require.

  • Marginal note:Idem

    (2) The Minister of National Defence shall, in accordance with the regulations and having regard to the nature of the place of incarceration to which the offender would have been committed under the law of the designated state, determine whether the offender’s punishment is to be served in whole or in part in a penitentiary, civil prison, service prison or detention barrack.

  • R.S., 1985, c. V-2, s. 11
  • R.S., 1985, c. 31 (1st Supp.), s. 61

Marginal note:Police functions

  •  (1) The authority of members of a visiting force to perform police functions, including the power of arrest, shall be as prescribed in the regulations, but no such regulation shall empower a member of a visiting force to perform police functions in respect of any person who is not a member of the visiting force or a dependant.

  • Marginal note:Citizen arrest

    (2) Nothing in subsection (1) shall be construed so as to prevent a member of a visiting force from exercising the power of arrest given by subsections 494(1) and (2) of the Criminal Code.

  • R.S., c. V-6, s. 12
  • 1972, c. 13, s. 75

Marginal note:Application of provisions of National Defence Act

  •  (1) Subject to such limitations as may be prescribed in the regulations, subsections 249.22(1) to (3) and section 251.2 of the National Defence Act apply in relation to courts martial of a visiting force, except that a person required to give evidence before a court martial of a visiting force may be summoned only by a provincial court judge or justice of the peace whose authority in that respect shall be exercised in accordance with the regulations.

  • Marginal note:Idem

    (2) Section 302 of the National Defence Act applies to any person duly summoned under subsection (1) as though the court martial before which that person is summoned to appear were a court martial within the Canadian Forces.

  • R.S., 1985, c. V-2, s. 13
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 1998, c. 35, s. 127

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
  • 2015, c. 3, s. 165(F)

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
  • 2015, c. 3, s. 165(F)

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

Marginal note:Ships

 Except as section 15 may be made applicable by order of the Governor in Council in respect of the ships of any particular designated state, that section does not apply to a claim arising out of or in connection with the navigation, operation or salvage of a ship or the loading, carriage or discharge of a cargo, unless the claim is a claim arising out of death or injury to the person.

  • R.S., c. V-6, s. 18

Marginal note:Official duty

  •  (1) Where a question that cannot be settled by negotiation between the parties arises under this Part as to whether

    • (a) a member of a visiting force was acting within the scope of his duties or employment, or

    • (b) a matter in respect of which judgment was given against a member of a visiting force arose while the member was acting within the scope of his duties or employment,

    the question shall be submitted to an arbitrator appointed in accordance with subsection (2), and for the purposes of this Part the decision of the arbitrator is final and conclusive.

  • Marginal note:Appointing arbitrator

    (2) An arbitrator shall be appointed for the purposes of this section by agreement between the designated state concerned and Canada from among the nationals of Canada who hold or have held high judicial office, and if the designated state and Canada are unable, within two months, to agree on the arbitrator, either the designated state or Canada may request any person designated in an agreement with the designated state or acceptable to the designated state and Canada to appoint the arbitrator from among the nationals of Canada who have held high judicial office.

  • R.S., c. V-6, s. 19

PART IVSecurity Provisions

Marginal note:Security of Information Act applicable

 Subject to section 21, the Security of Information Act applies and shall be construed as applying in respect of a designated state as though

  • (a) a reference in that Act to office under Her Majesty included any office or employment in or under any department or branch of the government of a designated state;

  • (b) a reference in that Act to prohibited place included

    • (i) any work of defence belonging to or occupied or used by or on behalf of a designated state including arsenals, armed forces establishments or stations, factories, dockyards, mines, minefields, camps, ships, aircraft, telegraph, telephone, wireless or signal stations or offices, and places, other than diplomatic premises of designated states, used for the purpose of building, repairing, making or storing any munitions of war or any sketches, plans, models or documents relating thereto, or for the purpose of getting any metals, oil or minerals of use in time of war, and

    • (ii) any place, not belonging to a designated state, where any munitions of war or any sketches, plans, models or documents relating thereto are being made, repaired, obtained or stored under contract with, or with any person on behalf of, a designated state, or otherwise on behalf of a designated state;

  • (c) a reference in that Act to safety or interests of the state or to interest of the state or to public interest included the safety and security interests of a designated state;

  • (d) a reference in that Act to contract made on behalf of Her Majesty included a contract made on behalf of a designated state;

  • (e) the expression appointed by or acting under the authority of Her Majesty in that Act included the expression “appointed by or acting under the authority of the government of a designated state”; and

  • (f) a reference in that Act to any member of Her Majesty’s forces included a member of the visiting force of a designated state.

  • R.S., 1985, c. V-2, s. 20
  • 2001, c. 41, s. 37
 
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