14. 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.

15. (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.

(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.

(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.

(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.

16. (1) In an emergency, or if considered desirable in consequence of any action undertaken by Canada under the United Nations Charter or the North Atlantic Treaty, the North American Aerospace Defence Command Agreement or any other similar instrument to which Canada is a party, the Governor in Council may establish and authorize the maintenance of a component of the Canadian Forces, called the special force, consisting of

( a) officers and non-commissioned members of the regular force who are placed in the special force under conditions prescribed in regulations;

( b) officers and non-commissioned members of the reserve force who, being on active service or having applied and been accepted for continuing, full-time military service, are placed in the special force under conditions prescribed in regulations; and

( c) officers and non-commissioned members not of the regular force or the reserve force who are enrolled in the special force for continuing, full-time military service.

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

R.S., 1985, c. N-5, s. 16; R.S., 1985, c. 31 (1st Supp.), s. 60; 2004, c. 15, s. 75.

17. (1) The Canadian Forces shall consist of such units and other elements as are from time to time organized by or under the authority of the Minister.

(2) A unit or other element organized under subsection (1) shall from time to time be embodied in such component of the Canadian Forces as may be directed by or under the authority of the Minister.

R.S., c. N-4, s. 17.

18. (1) The Governor in Council may appoint an officer to be the Chief of the Defence Staff, who shall hold such rank as the Governor in Council may prescribe and who shall, subject to the regulations and under the direction of the Minister, be charged with the control and administration of the Canadian Forces.

(2) Unless the Governor in Council otherwise directs, all orders and instructions to the Canadian Forces that are required to give effect to the decisions and to carry out the directions of the Government of Canada or the Minister shall be issued by or through the Chief of the Defence Staff.

R.S., c. N-4, s. 18.

18.1 There shall be an officer appointed by the Chief of the Defence Staff to be the Vice Chief of the Defence Staff.

1998, c. 35, s. 6.

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.

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.

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

(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.

(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.

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.

(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.

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.

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.

(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.

24. No officer or non-commissioned member shall be transferred from the regular force to the reserve force or from the reserve force to the regular force unless the officer or non-commissioned member consents to the transfer.

R.S., 1985, c. N-5, s. 24; R.S., 1985, c. 31 (1st Supp.), s. 60.

25. A person who, although not enrolled or re-engaged for service, has received pay as an officer or non-commissioned member is, until the person claims to be released and is released, deemed to be an officer or non-commissioned member, as the case may be, of that component of the Canadian Forces through which the pay was received and to be subject to this Act as if the person were such an officer or non-commissioned member duly enrolled or re-engaged for service.

R.S., 1985, c. N-5, s. 25; R.S., 1985, c. 31 (1st Supp.), s. 60.

26. (1) A person who, although erroneously or irregularly enrolled or re-engaged, has received pay as an officer or non-commissioned member of that component of the Canadian Forces in which the person was so enrolled or re-engaged, is deemed to be an officer or non-commissioned member, as the case may be, regularly enrolled or re-engaged, and is not, except as provided in subsection (2), entitled to be released on the ground of the error or irregularity.

(2) A person who is, by virtue of subsection (1), deemed to be an officer or non-commissioned member and who claims to be released within three months after the date of commencement of the pay and establishes the error or irregularity referred to in that subsection shall, except when on active service or during an emergency, be released.

(3) The commanding officer of a person who claims to be released on the ground of not having been enrolled or re-engaged, or not having been regularly enrolled or re-engaged, shall forthwith forward the claim to the authority having power to effect the release and the person, if entitled to be released, shall be released with all convenient speed.

R.S., 1985, c. N-5, s. 26; R.S., 1985, c. 31 (1st Supp.), s. 60.

27. An officer or non-commissioned member may be attached or seconded to another component of the Canadian Forces or to any department or agency of government, any public or private institution, private industry or any other body in such manner and under such conditions as are prescribed in any other Act or in regulations, but no officer or non-commissioned member of the reserve force who is not on active service shall be attached or seconded pursuant to this section unless the officer or non-commissioned member consents to the attachment or secondment.

R.S., 1985, c. N-5, s. 27; R.S., 1985, c. 31 (1st Supp.), s. 60.

28. Subject to section 22 and to regulations, officers and non-commissioned members may be promoted by the Minister or by such authorities of the Canadian Forces as are prescribed in regulations made by the Governor in Council.

R.S., 1985, c. N-5, s. 28; R.S., 1985, c. 31 (1st Supp.), s. 60.

29. (1) An officer or non-commissioned member who has been aggrieved by any decision, act or omission in the administration of the affairs of the Canadian Forces for which no other process for redress is provided under this Act is entitled to submit a grievance.

(2) There is no right to grieve in respect of

(a) a decision of a court martial or the Court Martial Appeal Court;

(b) a decision of a board, commission, court or tribunal established other than under this Act; or

(c) a matter or case prescribed by the Governor in Council in regulations.

(3) A grievance must be submitted in the manner and in accordance with the conditions prescribed in regulations made by the Governor in Council.

(4) An officer or non-commissioned member may not be penalized for exercising the right to submit a grievance.

(5) Notwithstanding subsection (4), any error discovered as a result of an investigation of a grievance may be corrected, even if correction of the error would have an adverse effect on the officer or non-commissioned member.

R.S., 1985, c. N-5, s. 29; R.S., 1985, c. 31 (1st Supp.), s. 43; 1998, c. 35, s. 7.

29.1 (1) The initial authority and subsequent authorities who may consider and determine grievances are the authorities designated in regulations made by the Governor in Council.

(2) The regulations may provide that different types of grievances may be considered and determined by different authorities.

1998, c. 35, s. 7.

29.11 The Chief of the Defence Staff is the final authority in the grievance process.

1998, c. 35, s. 7.

29.12 (1) The Chief of the Defence Staff shall refer every grievance that is of a type prescribed in regulations made by the Governor in Council to the Grievance Board for its findings and recommendations before the Chief of the Defence Staff considers and determines the grievance. The Chief of the Defence Staff may refer any other grievance to the Grievance Board.

(2) When referring a grievance to the Grievance Board, the Chief of the Defence Staff shall provide the Grievance Board with a copy of

(a) the written submissions made to each authority in the grievance process by the officer or non-commissioned member presenting the grievance;

(b) the decision made by each authority in respect of the grievance; and

(c) any other information under the control of the Canadian Forces that is relevant to the grievance.

1998, c. 35, s. 7.

29.13 (1) The Chief of the Defence Staff is not bound by any finding or recommendation of the Grievance Board.

(2) If the Chief of the Defence Staff does not act on a finding or recommendation of the Grievance Board, the Chief of the Defence Staff shall include the reasons for not having done so in the decision respecting the disposition of the grievance.

1998, c. 35, s. 7.

29.14 The Chief of the Defence Staff may delegate to any officer any of the Chief of the Defence Staff’s powers, duties or functions as final authority in the grievance process, except

(a) the duty to act as final authority in respect of a grievance that must be referred to the Grievance Board; and

(b) the power to delegate under this section.

1998, c. 35, s. 7.

29.15 A decision of a final authority in the grievance process is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal or to review by any court.

1998, c. 35, s. 7; 2002, c. 8, s. 182.

29.16 (1) There is established a board, called the Canadian Forces Grievance Board, consisting of a Chairperson, at least two Vice-Chairpersons and any other members appointed by the Governor in Council that are required to allow it to perform its functions.

(2) The Chairperson and one Vice-Chairperson are each full-time members and the other members may be appointed as full-time or part-time members.

(3) Each member holds office during good behaviour for a term not exceeding four years but may be removed by the Governor in Council for cause.

(4) A member is eligible to be re-appointed on the expiry of a first or subsequent term of office.

(5) Full-time members shall devote the whole of their time to the performance of their duties under this Act.

(6) Part-time members may not accept or hold any office or employment during their term of office that is inconsistent with their duties under this Act.

(7) Members who are not officers or non-commissioned members are entitled to be paid for their services the remuneration and allowances fixed by the Governor in Council.

(8) Members who are not officers or non-commissioned members are entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties while absent from their ordinary place of work, if full-time members, or their ordinary place of residence, if part-time members, subject to any applicable Treasury Board directives.

(9) Members who are not officers or non-commissioned members are deemed

(a) to be employed in the public service for the purposes of the Public Service Superannuation Act;

(b) to be employees for the purposes of the Government Employees Compensation Act; and

(c) to be employed in the federal public administration for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act.

(10) An officer or a non-commissioned member who is appointed as a member of the Grievance Board shall be seconded to the Grievance Board in accordance with section 27.

(11) Every member shall, before commencing the duties of office, take the following oath of office:

I, ...................., do solemnly swear (or affirm) that I will faithfully and honestly fulfil my duties as a member of the Canadian Forces Grievance Board in conformity with the requirements of the National Defence Act, and of all rules and instructions under that Act applicable to the Canadian Forces Grievance Board, and that I will not disclose or make known to any person not legally entitled to it any knowledge or information obtained by me by reason of my office. (And in the case of an oath: So help me God.)

1998, c. 35, s. 7; 2003, c. 22, ss. 224(E), 225(E).

29.17 (1) The Chairperson is the chief executive officer of the Grievance Board and has supervision over and direction of its work and staff.

(2) In the event of the absence or incapacity of the Chairperson or if that office is vacant, the Minister may authorize a Vice-Chairperson to exercise the powers and perform the duties and functions of the Chairperson.

(3) The Chairperson may delegate to a Vice-Chairperson any of the Chairperson’s powers, duties or functions under this Act, except the power to delegate under this subsection and the duty to submit an annual report under subsection 29.28(1).

1998, c. 35, s. 7.

29.18 The head office of the Grievance Board shall be at the place in Canada designated by the Governor in Council.

1998, c. 35, s. 7.

29.19 (1) The employees that are necessary for the proper conduct of the work of the Grievance Board shall be appointed in accordance with the Public Service Employment Act.

(2) The Grievance Board may, with the approval of the Treasury Board, engage on a temporary basis the services of counsel and other persons having technical or specialized knowledge to assist the Grievance Board in its work, establish the terms and conditions of their engagement and fix and pay their remuneration and expenses.

1998, c. 35, s. 7.

29.2 (1) The Grievance Board shall review every grievance referred to it by the Chief of the Defence Staff and provide its findings and recommendations in writing to the Chief of the Defence Staff and the officer or non-commissioned member who submitted the grievance.

(2) The Grievance Board shall deal with all matters before it as informally and expeditiously as the circumstances and the considerations of fairness permit.

1998, c. 35, s. 7.

29.21 The Grievance Board has, in relation to the review of a grievance referred to it, the power

(a) to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce any documents and things under their control that it considers necessary to the full investigation and consideration of matters before it;

(b) to administer oaths; and

(c) to receive and accept any evidence and information that it sees fit, whether admissible in a court of law or not.

1998, c. 35, s. 7.

29.22 The Grievance Board may not receive or accept any evidence or other information that would be inadmissible in a court of law by reason of any privilege under the law of evidence.

1998, c. 35, s. 7.

29.23 (1) No witness shall be excused from answering any question relating to a grievance before the Grievance Board when required to do so by the Grievance Board on the ground that the answer to the question may tend to criminate the witness or subject the witness to any proceeding or penalty.

(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, administrative 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. 7.

29.24 Travel and living expenses incurred in appearing before the Grievance Board shall, in the discretion of the Grievance Board, be paid, in accordance with applicable Treasury Board directives, to the officer or non-commissioned member whose grievance is being heard, and to that person’s assisting officer or counsel, if the Grievance Board holds a hearing at a place in Canada that is not their ordinary place of residence.

1998, c. 35, s. 7.

29.25 Documents and things presented to the Grievance Board at a hearing shall, on request, be returned to the person who presented them within a reasonable time after the Grievance Board has provided its findings and recommendations to the Chief of the Defence Staff.

1998, c. 35, s. 7.

29.26 (1) The Chairperson may make rules respecting

(a) the manner of dealing with grievances referred to the Grievance Board, including the conduct of investigations and hearings by the Grievance Board;

(b) the apportionment of the work of the Grievance Board among its members and the assignment of members to review grievances; and

(c) the performance of the duties and functions of the Grievance Board.

(2) A hearing of the Grievance Board is to be held in private, unless the Chairperson, having regard to the interests of the persons participating in the hearing and the interest of the public, directs that the hearing or any part of it be held in public.

1998, c. 35, s. 7.

29.27 No criminal or civil proceedings lie against any member of the Grievance Board, or against any person acting on its behalf, for anything done, reported or said in good faith in the exercise or purported exercise of a power or in the performance or purported performance of a duty or function of the Grievance Board.

1998, c. 35, s. 7.

29.28 (1) The Chairperson shall, within three months after the end of each year, submit to the Minister a report of the activities of the Grievance Board during that year and its recommendations, if any.

(2) The Minister shall have a copy of the report laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives it.

1998, c. 35, s. 7.

30. (1) Except during an emergency, an officer or non-commissioned member who is not on active service is entitled to be released at the expiration of the term of service for which the officer or non-commissioned member is enrolled or re-engaged.

(2) Except as may be prescribed in regulations made by the Governor in Council, any period during which an officer or non-commissioned member is in a state of desertion or is absent without leave shall not be reckoned toward the completion of the term of service for which that officer or non-commissioned member was enrolled or re-engaged.

(3) Where the term of service for which an officer or non-commissioned member is enrolled or re-engaged expires during an emergency or when the officer or non-commissioned member is on active service or within one year after the expiration of an emergency or after he has ceased to be on active service, the officer or non-commissioned member is liable to serve until the expiration of one year after the emergency has ceased to exist or after he has ceased to be on active service, as the case may be.

(4) Subject to regulations made by the Governor in Council, where

(a) an officer or non-commissioned member has been released from the Canadian Forces or transferred from one component to another by reason of a sentence of dismissal or a finding of guilty by a service tribunal or any court, and

(b) the sentence or finding ceases to have force and effect as a result of a decision of a competent authority,

the release or transfer may be cancelled, with the consent of the officer or non-commissioned member concerned, who shall thereupon, except as provided in those regulations, be deemed for the purpose of this Act or any other Act not to have been so released or transferred.

R.S., 1985, c. N-5, s. 30; R.S., 1985, c. 31 (1st Supp.), s. 60.

31. (1) The Governor in Council may place the Canadian Forces or any component, unit or other element thereof or any officer or non-commissioned member thereof on active service anywhere in or beyond Canada at any time when it appears advisable to do so

(a) by reason of an emergency, for the defence of Canada;

(b) in consequence of any action undertaken by Canada under the United Nations Charter; or

(c) in consequence of any action undertaken by Canada under the North Atlantic Treaty, the North American Aerospace Defence Command Agreement or any other similar instrument to which Canada is a party.

(2) An officer or non-commissioned member who

(a) is a member of, serving with, or attached or seconded to, a component, unit or other element of the Canadian Forces that has been placed on active service,

(b) has been placed on active service, or

(c) pursuant to law has been attached or seconded to a portion of a force that has been placed on active service,

shall be deemed to be on active service for all purposes.

R.S., 1985, c. N-5, s. 31; R.S., 1985, c. 31 (1st Supp.), s. 60; 2004, c. 15, s. 76.

32. Whenever the Governor in Council places the Canadian Forces or any component or unit thereof on active service, if Parliament is then separated by an adjournment or prorogation that will not expire within ten days, a proclamation shall be issued for the meeting of Parliament within ten days, and Parliament shall accordingly meet and sit on the day appointed by the proclamation, and shall continue to sit and act in like manner as if it had stood adjourned or prorogued to the same day.

R.S., c. N-4, s. 32.

33. (1) The regular force, all units and other elements thereof and all officers and non-commissioned members thereof are at all times liable to perform any lawful duty.

(2) The reserve force, all units and other elements thereof and all officers and non-commissioned members thereof

(a) may be ordered to train for such periods as are prescribed in regulations made by the Governor in Council; and

(b) may be called out on service to perform any lawful duty other than training at such times and in such manner as by regulations or otherwise are prescribed by the Governor in Council.

(3) Nothing in subsection (2) shall be deemed to impose liability to serve as prescribed therein, without his consent, on an officer or non-commissioned member of the reserve force who is, by virtue of the terms of his enrolment, liable to perform duty on active service only.

(4) In this section, “duty” means any duty that is military in nature and includes any duty involving public service authorized under section 273.6.

R.S., 1985, c. N-5, s. 33; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 8.

34. A person who is under the age of eighteen years may not be deployed by the Canadian Forces to a theatre of hostilities.

R.S., 1985, c. N-5, s. 34; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 9; 2000, c. 13, s. 1.

35. (1) The rates and conditions of issue of pay of officers and non-commissioned members, other than military judges, shall be established by the Treasury Board.

(2) The payments that may be made to officers and non-commissioned members by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their service shall be determined and regulated by the Treasury Board.

R.S., 1985, c. N-5, s. 35; R.S., 1985, c. 31 (1st Supp.), s. 60(E); 1998, c. 35, s. 10.

36. The materiel supplied to or used by the Canadian Forces shall be of such type, pattern and design and shall be issued on such scales and in such manner as the Minister, or such authorities of the Canadian Forces as are designated by the Minister for that purpose, may approve.

R.S., c. N-4, s. 36.

37. The conditions under which and the extent to which an officer or non-commissioned member is liable to Her Majesty in respect of loss of or damage to public property shall be as prescribed in regulations.

R.S., 1985, c. N-5, s. 37; R.S., 1985, c. 31 (1st Supp.), s. 60.

38. (1) The non-public property of a unit or other element of the Canadian Forces shall vest in the officer from time to time in command of that unit or other element, and shall be used for the benefit of officers and non-commissioned members or for any other purpose approved by the Chief of the Defence Staff in the manner and to the extent authorized by the Chief of the Defence Staff.

(2) The non-public property of every disbanded unit or other disbanded element of the Canadian Forces vested in the officer in command of that unit or other element shall pass to and vest in the Chief of the Defence Staff, and may be disposed of at the discretion and direction of the Chief of the Defence Staff for the benefit of all or any officers and non-commissioned members or former officers and non-commissioned members, or their dependants.

(3) Where, by reason of a substantial reduction in the number of officers and non-commissioned members serving in a unit or other element of the Canadian Forces or by reason of a change in the location or other conditions of service of a unit or other element, the Chief of the Defence Staff considers it desirable to do so, he may direct that the non-public property or any part thereof that is vested in the officer in command of that unit or other element shall pass to and be vested in the Chief of the Defence Staff on the terms set out in subsection (2).

R.S., 1985, c. N-5, s. 38; R.S., 1985, c. 31 (1st Supp.), s. 60.

39. (1) Non-public property acquired by contribution but not contributed to any specific unit or other element of the Canadian Forces shall vest in the Chief of the Defence Staff and, subject to any specific directions by the contributor as to its disposal, may be disposed of at the discretion and direction of the Chief of the Defence Staff for the benefit of all or any officers and non-commissioned members or former officers and non-commissioned members, or their dependants.

(2) By-products and refuse derived from rations and other consumable stores issued to the Canadian Forces for use in service kitchens, and the proceeds of the sale thereof, shall, to the extent that the Governor in Council may prescribe, be non-public property.

(3) Except as authorized by the Chief of the Defence Staff, no gift, sale or other alienation or attempted alienation of non-public property is effectual to pass the property therein.

R.S., 1985, c. N-5, s. 39; R.S., 1985, c. 31 (1st Supp.), s. 60.

40. The conditions under which and the extent to which an officer or non-commissioned member is liable to make restitution or reimbursement in respect of loss of or damage to non-public property resulting from the negligence or misconduct of that officer or noncommissioned member shall be as prescribed by the Minister.

R.S., 1985, c. N-5, s. 40; R.S., 1985, c. 31 (1st Supp.), s. 60.

41. (1) The Chief of the Defence Staff shall exercise his authority under subsections 38(1) and (2) and 39(1) subject to any directions that may be given to him by the Minister for carrying the purposes and provisions of this section and sections 38 to 40 into effect.

(2) Non-public property accounts shall be audited as the Minister may from time to time direct.

(3) The Financial Administration Act does not apply to non-public property.

R.S., c. N-4, s. 38.

42. (1) The service estates of officers and non-commissioned members who die during their service in the Canadian Forces may be collected, administered and distributed in whole or in part as prescribed in regulations made by the Governor in Council.

(2) For the purposes of this section, but subject to any exceptions prescribed in regulations made by the Governor in Council, “service estate” means the following parts of the estate of a deceased officer or non-commissioned member mentioned in subsection (1):

(a) service pay and allowances;

(b) all other emoluments emanating from Her Majesty that, at the date of death, are due or otherwise payable;

(c) personal equipment that the deceased person is, under regulations, permitted to retain;

(d) personal or movable property, including cash, found on the deceased person or on a defence establishment or otherwise in the care or custody of the Canadian Forces; and

(e) in the case of an officer or non-commissioned member dying outside Canada, all other personal or movable property belonging to the deceased and situated outside Canada.

R.S., 1985, c. N-5, s. 42; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 11.

43. 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.

44. 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.

45. (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.

(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.

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

45.1 (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.

(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.

46. (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.

(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.

(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.

47. (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.

(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.

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

(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.

49. 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.

50. 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.

51. (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.

(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.

(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).