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

Act current to 2013-04-29 and last amended on 2013-02-28. Previous Versions

Marginal note:Absence or incapacity of Chief of the Defence Staff

18.2 In the event of the absence or incapacity of the Chief of the Defence Staff, the Vice Chief of the Defence Staff, or any other officer that is specified by the Minister or the Chief of the Defence Staff, has the control and administration of the Canadian Forces.

  • 1998, c. 35, s. 6.

Powers of Command

Marginal note:Authority of officers and non-commissioned members

19. The authority and powers of command of officers and non-commissioned members shall be as prescribed in regulations.

  • R.S., 1985, c. N-5, s. 19;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.

Enrolment

Marginal note:Commissioned officers

  • 20. (1) Commissions of officers in the Canadian Forces shall be granted by Her Majesty during pleasure.

  • Marginal note:Officer cadets and non-commissioned members

    (2) Persons shall be enrolled as officer cadets or as non-commissioned members for indefinite or fixed periods of service as may be prescribed in regulations made by the Governor in Council.

  • Marginal note:When consent of parent or guardian required

    (3) A person under the age of eighteen years shall not be enrolled without the consent of one of the parents or of the guardian of that person.

  • R.S., 1985, c. N-5, s. 20;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.
Marginal note:Ranks of officers and non-commissioned members

  • 21. (1) For the purposes of this Act, the ranks of the officers and non-commissioned members of the Canadian Forces shall be as set out in Column I of the schedule.

  • Marginal note:Use of other designations

    (2) The Governor in Council may make regulations prescribing the circumstances in which a person holding a rank set out in Column I of the schedule shall use, or be referred to by, a designation of rank set out in Column II, III or IV of the schedule opposite the rank held by that person.

  • R.S., 1985, c. N-5, s. 21;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.
Marginal note:Numbers in ranks and trade groups

22. The maximum number of persons in each rank and trade group of the Canadian Forces shall be determined as prescribed in regulations made by the Governor in Council.

  • R.S., c. N-4, s. 22.
Marginal note:Obligation to serve

  • 23. (1) The enrolment of a person binds the person to serve in the Canadian Forces until the person is, in accordance with regulations, lawfully released.

  • Marginal note:Oaths and declarations on enrolment

    (2) Oaths and declarations required on enrolment shall be taken and subscribed before commissioned officers or justices of the peace and shall be in such forms as may be prescribed in regulations.

  • R.S., c. N-4, s. 23.