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Inspection and Search Defence Regulations (SOR/86-958)

Regulations are current to 2020-01-27

Inspection and Search Defence Regulations

SOR/86-958

NATIONAL DEFENCE ACT

Registration 1986-09-11

Regulations Authorizing Inspection in Accordance with the Custom or Practice of the Service and Respecting the Safety and Conduct of Persons in, on or about any Defence Establishment, Work for Defence or Materiel

P.C. 1986-2079 1986-09-11

Her Excellency the Governor General in Council, on the recommendation of the Minister of National Defence, pursuant to section 231.1Footnote * of the National Defence Act, is pleased hereby to make the annexed Regulations authorizing inspection in accordance with the custom or practice of the service and respecting the safety and conduct of persons in, on or about any defence establishment, work for defence or materiel.

Short Title

 These Regulations may be cited as the Inspection and Search Defence Regulations.

Interpretation

 In these Regulations,

controlled area

controlled area means any defence establishment, work for defence or materiel; (secteur contrôlé)

designated authority

designated authority means the officer in command or person in charge of a controlled area or any restricted area within the controlled area and includes a person acting under the authority of that officer or person in charge. (autorité compétente)

PART IInspection

 An officer or a non-commissioned member may conduct an inspection, including an inspection for the purpose of maintaining military standards of health, hygiene, safety, security, efficiency, dress and kit, of any other officer or non-commissioned member or any thing in, on or about

  • (a) any controlled area, or

  • (b) any quarters under the control of the Canadian Forces or the Department,

in accordance with the custom or practice of the service.

PART IISearch

 This Part applies to all persons who are subject to the Code of Service Discipline.

 As a condition of being given access to a controlled area, a person shall, on demand of a designated authority, submit to a search without warrant of his person or personal property while entering or exiting the controlled area or any restricted area within the controlled area.

  •  (1) A person exiting as described in section 5 who refuses to submit to a search of his person or personal property when required to do so pursuant to that section may have his person or personal property searched by a designated authority.

  • (2) For the purposes of any search by a designated authority pursuant to subsection (1), the designated authority shall use only such force as is necessary.

 Except where there are reasonable grounds to believe that an immediate search is necessary to maintain security or to prevent danger to the safety of any person, a search of a person pursuant to this Part shall be carried out only by a person of the same sex.

 A designated authority may search without warrant any personal property about a controlled area or any restricted area within the controlled area where the designated authority has reasonable grounds to believe that the personal property is or may contain anything that is likely to endanger the safety of any person within the controlled area.

 
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