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

Act current to 2013-05-20 and last amended on 2013-02-28. Previous Versions

Regulations

Marginal note:Power of Governor in Council to make regulations
  •  (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;

    • (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.

  • R.S., 1985, c. N-5, s. 12;
  • R.S., 1985, c. 31 (1st Supp.), s. 60;
  • 1998, c. 35, s. 4.
Marginal note:Limitation on Minister’s power

 Where in any section of this Act, other than section 12, there is express reference to regulations made or prescribed by the Governor in Council or the Treasury Board in respect of any matter, the Minister does not have power to make regulations pertaining to that matter.

  • R.S., c. N-4, s. 13.
Marginal note:Military Police Professional Code of Conduct

 The Governor in Council may make regulations, to be known as the Military Police Professional Code of Conduct, to govern the conduct of members of the military police.

  • 1998, c. 35, s. 5.

PART II

THE CANADIAN FORCES

Constitution

Marginal note:Canadian Forces

 The Canadian Forces are the armed forces of Her Majesty raised by Canada and consist of one Service called the Canadian Armed Forces.

  • R.S., c. N-4, s. 14.
Marginal note:Regular force
  •  (1) There shall be a component of the Canadian Forces, called the regular force, that consists of officers and non-commissioned members who are enrolled for continuing, full-time military service.

  • Marginal note:Composition of regular force

    (2) The maximum numbers of officers and non-commissioned members in the regular force shall be as authorized by the Governor in Council, and the regular force shall include such units and other elements as are embodied therein.

  • Marginal note:Reserve force

    (3) There shall be a component of the Canadian Forces, called the reserve force, that consists of officers and non-commissioned members who are enrolled for other than continuing, full-time military service when not on active service.

  • Marginal note:Composition of reserve force

    (4) The maximum numbers of officers and non-commissioned members in the reserve force shall be as authorized by the Governor in Council, and the reserve force shall include such units and other elements as are embodied therein.

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