251. At summary trials and courts martial, and at proceedings before a board of inquiry or a commissioner taking evidence under this Act, an oath shall be taken by or administered to the following persons in the manner and in the forms prescribed in regulations made by the Governor in Council:

(a) the officer presiding at the summary trial;

(b) the judge presiding at the court martial;

(c) each member of the panel of the court martial;

(d) each member of the board of inquiry;

(e) the commissioner;

(f) court reporters;

(g) interpreters; and

(h) subject to section 16 of the Canada Evidence Act, witnesses.

R.S., 1985, c. N-5, s. 251; 1998, c. 35, s. 82.

251.1 (1) A person who is required to take an oath under this Act may, instead of taking an oath, make a solemn affirmation.

(2) A solemn affirmation has the same force and effect as an oath.

(3) An oath or a solemn affirmation under this Act has, in respect of any prosecution under the Criminal Code, the same force and effect as an oath taken before a civil court.

1998, c. 35, s. 82.

251.2 A person, other than an officer or non-commissioned member or an officer or employee of the Department, summoned or attending to give evidence before a court martial, the Grievance Board, an Inquiry Committee established for the purpose of subsection 165.1(2) or 165.21(2), the Military Police Complaints Commission, a board of inquiry or a commissioner taking evidence under this Act is entitled in the discretion of that body to receive the like fees and allowances for so doing as if summoned to attend before the Federal Court.

1998, c. 35, s. 82.

252. (1) For the purposes of this section and sections 253 and 254, “justice” means a justice as defined in the Criminal Code.

(2) Any peace officer who on reasonable grounds believes or, if no peace officer is immediately available, any officer or non-commissioned member who believes on reasonable grounds that a person is a deserter or an absentee without leave may apprehend that person and forthwith bring the person before a justice.

(3) A justice, if satisfied by evidence on oath that a deserter or an absentee without leave is, or is believed on reasonable grounds to be, within the jurisdiction of that justice, may issue a warrant authorizing the deserter or absentee without leave to be apprehended and brought forthwith before that or any other justice.

(4) Where a person is brought before a justice charged with being a deserter or absentee without leave under this Act, the justice may examine into the case in like manner as if that person were brought before the justice accused of an indictable offence.

R.S., 1985, c. N-5, s. 252; R.S., 1985, c. 31 (1st Supp.), s. 58.

253. (1) A justice, if satisfied either by evidence on oath or by the admission of a person brought before the justice under section 252 that the person is a deserter or absentee without leave, shall cause him to be delivered into service custody in such manner as the justice may deem most expedient and, until the person can be so delivered, the justice may cause the person to be held in civil custody for such time as appears to the justice reasonably necessary for the purpose of delivering the person into service custody.

(2) Where a person has admitted to being a deserter or absentee without leave and evidence of the truth or falsehood of the admission is not then forthcoming, the justice before whom the person is brought shall remand him for the purpose of obtaining information respecting the truth or falsehood of the admission and, for that purpose, the justice shall transmit a report, which shall contain the particulars and be in the form prescribed by the Minister, to such authorities of the Canadian Forces as the Minister may prescribe.

(3) A justice before whom a person is brought under section 252 may from time to time remand him for a period not exceeding eight days on each appearance before the justice, but the whole period during which a person is so remanded shall not be longer than appears to the justice reasonably necessary for the purpose of obtaining the information referred to in subsection (2).

(4) Where a justice before whom a person is brought under section 252 causes him to be delivered into service custody or to be held in civil custody, the justice shall transmit a report, which shall contain the particulars and be in the form prescribed by the Minister, to such authorities of the Canadian Forces as the Minister may prescribe.

R.S., c. N-4, s. 214.

254. (1) Where a person surrenders himself to a constable and admits desertion or absence without leave, the constable in charge of the police station to which the person is brought shall forthwith inquire into the case and, if from the admission it appears to the constable on inquiring into the case that the person is a deserter or absentee without leave, the constable may cause the person to be delivered into service custody, without bringing the person before a justice.

(2) Where a constable causes a person to be delivered into service custody pursuant to subsection (1), the constable shall transmit a report, which shall contain the particulars and be in the form prescribed by the Minister, to such authorities of the Canadian Forces as the Minister may prescribe.

R.S., c. N-4, s. 214.

255. Where any person subject to the Code of Service Discipline has at any time been tried by a civil court, the clerk of that court or other authority having custody of the records of the court shall, if required by any officer of the Canadian Forces, transmit to that officer a certificate setting out the offence for which that person was tried, together with the judgment or order of the court thereon, and shall be allowed for that certificate the fee authorized by law.

R.S., c. N-4, s. 215.

256. (1) Every warden, governor, jailer, commanding officer, commandant or other keeper of a penitentiary, civil prison, service prison or detention barrack shall take cognizance of any warrant of committal purporting to be signed by a committing authority referred to in section 219 or 220, shall receive and detain, according to the exigency of that warrant, the person referred to therein and delivered into the custody of that warden, governor, jailer, commanding officer, commandant or other keeper, as the case may be, and shall confine that person until discharged or delivered over in due course of law.

(2) [Repealed, 1991, c. 43, s. 30]

R.S., 1985, c. N-5, s. 256; 1991, c. 43, s. 30.

257. (1) For the purpose of training the Canadian Forces, the Minister may authorize the execution of military exercises or movements, referred to in this section as “manoeuvres”, over and on such parts of Canada and during such periods as are specified.

(2) Notice of manoeuvres shall, by appropriate publication, be given to the inhabitants of any area concerned.

(3) Units and other elements of the Canadian Forces may execute manoeuvres on and pass over such areas as are specified under subsection (1), stop or control all traffic thereover whether by water, land or air, draw water from such sources as are available, and do all things reasonably necessary for the execution of the manoeuvres.

(4) Any person who wilfully obstructs or interferes with manoeuvres authorized under this section and any animal, vehicle, vessel or aircraft under the person’s control may be forcibly removed by any constable or by any officer, or by any non-commissioned member on the order of any officer.

(5) No action lies by reason only of the execution of manoeuvres authorized under this section.

R.S., 1985, c. N-5, s. 257; R.S., 1985, c. 31 (1st Supp.), s. 60.

258. and 259. [Repealed, R.S., 1985, c. 22 (4th Supp.), s. 74]

260. Any person who suffers loss, damage or injury by reason of the exercise of any of the powers conferred by section 257 shall be compensated from the Consolidated Revenue Fund.

R.S., 1985, c. N-5, s. 260; R.S., 1985, c. 22 (4th Supp.), s. 74.

261. (1) No duties or tolls, otherwise payable by law in respect of the use of any pier, wharf, quay, landing-place, highway, road, right-of-way, bridge or canal, shall be paid by or demanded from any unit or other element of the Canadian Forces or any officer or non-commissioned member when on duty or any person under escort or in respect of the movement of any materiel, except that the Minister may authorize payment of duties and tolls in respect of that use.

(2) Nothing in this section affects the liability for payment of duties or tolls lawfully demandable in respect of any vehicles or vessels other than those belonging to or in the service of Her Majesty.

R.S., 1985, c. N-5, s. 261; R.S., 1985, c. 31 (1st Supp.), s. 60.

262. Every master or other person in command of a merchant or other vessel under the convoy of any of Her Majesty’s Canadian ships shall obey the directions of the commanding officer of the convoy or the directions of the commanding officer of any of Her Majesty’s Canadian ships in all matters relating to the navigation or security of the convoy and shall take such precautions for avoiding the enemy as may be directed by any such commanding officer and, if the master or other person fails to obey the directions, that commanding officer may compel obedience by force of arms, without being liable for any loss of life or property that may result from the use of that force.

R.S., c. N-4, s. 222.

263. Where salvage services are rendered by or with the aid of a vessel or aircraft belonging to or in the service of Her Majesty and used in the Canadian Forces, Her Majesty may claim salvage for those services and has the same rights and remedies in respect of those services as any other salvor would have had if the vessel or aircraft had belonged to that other salvor.

R.S., c. N-4, s. 223.

264. (1) No claim for salvage services by the commander or crew or part of the crew of a vessel or aircraft belonging to or in the service of Her Majesty and used in the Canadian Forces shall be finally adjudicated on unless the consent of the Minister to the prosecution of the claim is proved.

(2) For the purpose of this section, the consent of the Minister may be given at any time before final adjudication.

(3) Any document purporting to give the consent of the Minister for the purpose of this section is evidence of that consent.

(4) Where a claim for salvage services is prosecuted and the consent of the Minister is not proved, the claim shall be dismissed with costs.

R.S., c. N-4, s. 223.

265. (1) The Minister may, on the recommendation of the Attorney General of Canada, accept, on behalf of Her Majesty and the commander and crew or part of the crew, offers of settlement made with respect to claims for salvage services rendered by vessels or aircraft belonging to or in the service of Her Majesty and used in the Canadian Forces.

(2) The proceeds of any settlement made under subsection (1) shall be distributed in such manner as the Governor in Council may prescribe.

R.S., c. N-4, s. 223.

266. Section 466 of the Canada Shipping Act does not apply in respect of any claim for salvage services by Her Majesty or by the commander or crew or part of the crew of a vessel or aircraft belonging to or in the service of Her Majesty and used in the Canadian Forces.

R.S., c. N-4, s. 223.

267. No judgment or order given or made against an officer or non-commissioned member by any court in Canada shall be enforced by the levying of execution on any arms, ammunition, equipment, instruments or clothing used by that officer or non-commissioned member for military purposes.

R.S., 1985, c. N-5, s. 267; R.S., 1985, c. 31 (1st Supp.), s. 60.

268. Every officer and non-commissioned member of the reserve force on active service and every officer and non-commissioned member of the regular force and special force is exempt from serving on a jury.

R.S., 1985, c. N-5, s. 268; R.S., 1985, c. 31 (1st Supp.), s. 60.

269. (1) No action, prosecution or other proceeding lies against any person for an act done in pursuance or execution or intended execution of this Act or any regulations or military or departmental duty or authority, or in respect of any alleged neglect or default in the execution of this Act, regulations or any such duty or authority, unless it is commenced within six months after the act, neglect or default complained of or, in the case of continuance of injury or damage, within six months after the ceasing thereof.

(2) Nothing in subsection (1) is in bar of proceedings against any person under the Code of Service Discipline.

R.S., c. N-4, s. 227.

270. No action or other proceeding lies against any officer or non-commissioned member in respect of anything done or omitted by the officer or non-commissioned member in the execution of his duty under the Code of Service Discipline, unless the officer or non-commissioned member acted, or omitted to act, maliciously and without reasonable and probable cause.

R.S., 1985, c. N-5, s. 270; R.S., 1985, c. 31 (1st Supp.), s. 60.

271. (1) Compensation may, to such extent, in such manner and to such persons as the Governor in Council may by regulation prescribe, be paid in respect of disability or death resulting from injury or disease or aggravation thereof incurred by any person while

(a) employed in the federal public administration,

(b) employed under the direction of any part of the federal public administration, or

(c) engaged, with or without remuneration, in an advisory, supervisory or consultative capacity in or on behalf of the federal public administration,

and performing any function in relation to the Canadian Forces or any forces cooperating with the Canadian Forces, if the injury or disease or aggravation thereof arose out of or was directly connected with the performance of that function.

(2) No compensation shall be paid under subsection (1) in respect of any disability or death for which a pension is paid or payable by virtue of any of the provisions of the Pension Act.

R.S., 1985, c. N-5, s. 271; 1998, c. 35, s. 83; 2003, c. 22, s. 224(E).

272. The dependants, as defined by regulation, of members of the Canadian Forces on service or active service in any place out of Canada who are alleged to have committed an offence under the laws applicable in that place may be arrested by officers and non-commissioned members appointed as described in section 156 and may be handed over to the appropriate authorities of that place.

R.S., 1985, c. N-5, s. 272; R.S., 1985, c. 31 (1st Supp.), s. 60.

273. Where a person subject to the Code of Service Discipline does any act or omits to do anything while outside Canada which, if done or omitted in Canada by that person, would be an offence punishable by a civil court, that offence is within the competence of, and may be tried and punished by, a civil court having jurisdiction in respect of such an offence in the place in Canada where that person is found in the same manner as if the offence had been committed in that place, or by any other court to which jurisdiction has been lawfully transferred.

R.S., c. N-4, s. 231.

273.1 The Governor in Council may make regulations

(a) authorizing the inspection, in accordance with the custom or practice of the service, of any person or thing in, on or about

(i) any defence establishment, work for defence or materiel, or

(ii) any quarters under the control of the Canadian Forces or the Department; and

(b) respecting the access to, exclusion from and safety and conduct of persons in, on or about any defence establishment, work for defence or materiel, including, without restricting the generality of the foregoing, regulations

(i) respecting the inspection of persons and property entering, exiting or on any such place or materiel, and

(ii) requiring any person, as a condition of being given access to that place or materiel, to submit, on demand, to a search of the person and the person’s personal or movable property while entering or exiting that place or materiel or any restricted area within that place or materiel.

R.S., 1985, c. 31 (1st Supp.), s. 59; 1998, c. 35, s. 84.

273.2 Except as provided for by regulations made pursuant to section 273.1, the following, namely,

(a) quarters under the control of the Canadian Forces or the Department and occupied for residential purposes by any person subject to the Code of Service Discipline either alone or with that person’s dependants, as well as any locker or storage space located in those quarters and exclusively used by that person or those dependants for personal purposes, and

(b) the personal or movable property of any person subject to the Code of Service Discipline located in, on or about any defence establishment, work for defence or materiel,

may be searched only if a warrant for that purpose has been issued or the search is otherwise authorized by law.

R.S., 1985, c. 31 (1st Supp.), s. 59; 1998, c. 35, s. 85.

273.3 Subject to sections 273.4 and 273.5, a commanding officer who is satisfied by information on oath that there is in any quarters, locker, storage space or personal or movable property referred to in section 273.2

(a) anything on or in respect of which any offence against this Act has been or is believed on reasonable grounds to have been committed,

(b) anything that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence against this Act, or

(c) anything that there are reasonable grounds to believe is intended to be used for the purpose of committing any offence against the person for which a person may be arrested without warrant,

may issue a warrant authorizing any officer or non-commissioned member named in the warrant, assisted by such other officers and non-commissioned members as are necessary, or a peace officer, to search the quarters, locker, storage space or personal or movable property for any such thing, and to seize and carry it before that commanding officer.

R.S., 1985, c. 31 (1st Supp.), s. 59; 1998, c. 35, s. 86.

273.4 The commanding officer who carries out or directly supervises the investigation of any matter may issue a warrant pursuant to section 273.3 in relation to that investigation only if that commanding officer believes on reasonable grounds that

(a) the conditions for the issuance of the warrant exist; and

(b) no other commanding officer is readily available to determine whether the warrant should be issued.

R.S., 1985, c. 31 (1st Supp.), s. 59.

273.5 Section 273.3 does not apply to a commanding officer of a military police unit.

R.S., 1985, c. 31 (1st Supp.), s. 59.

273.6 (1) Subject to subsection (2), the Governor in Council or the Minister may authorize the Canadian Forces to perform any duty involving public service.

(2) The Governor in Council, or the Minister on the request of the Minister of Public Safety and Emergency Preparedness or any other Minister, may issue directions authorizing the Canadian Forces to provide assistance in respect of any law enforcement matter if the Governor in Council or the Minister, as the case may be, considers that

(a) the assistance is in the national interest; and

(b) the matter cannot be effectively dealt with except with the assistance of the Canadian Forces.

(3) Subsection (2) does not apply in respect of assistance that is of a minor nature and limited to logistical, technical or administrative support.

(4) The authority of the Minister under this section is subject to any directions issued by the Governor in Council.

1998, c. 35, s. 87; 2005, c. 10, s. 34.

273.61 The following definitions apply in this Part.

“Canadian” means a Canadian citizen, a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or a body corporate incorporated and continued under the laws of Canada or a province.

“entity” means a person, group, trust, partnership or fund or an unincorporated association or organization and includes a state or a political subdivision or agency of a state.

“foreign intelligence” means information or intelligence about the capabilities, intentions or activities of a foreign individual, state, organization or terrorist group, as they relate to international affairs, defence or security.

“global information infrastructure” includes electromagnetic emissions, communications systems, information technology systems and networks, and any data or technical information carried on, contained in or relating to those emissions, systems or networks.

“Minister” means the Minister of National Defence or such other member of the Queen’s Privy Council as may be designated by the Governor in Council to be responsible for the Communications Security Establishment.

“private communication” has the same meaning as in section 183 of the Criminal Code.

2001, c. 41, ss. 102, 128.

273.62 (1) The part of the federal public administration known as the Communications Security Establishment is hereby continued.

(2) The Chief of the Communications Security Establishment, under the direction of the Minister or any person designated by the Minister, has the management and control of the Establishment and all matters relating to it.

(3) The Minister may issue written directions to the Chief respecting the carrying out of the Chief’s duties and functions.

(4) Directions issued under subsection (3) are not statutory instruments within the meaning of the Statutory Instruments Act.

2001, c. 41, s. 102; 2003, c. 22, s. 224(E).

273.63 (1) The Governor in Council may appoint a supernumerary judge or a retired judge of a superior court as Commissioner of the Communications Security Establishment to hold office, during good behaviour, for a term of not more than five years.

(2) The duties of the Commissioner are

(a) to review the activities of the Establishment to ensure that they are in compliance with the law;

(b) in response to a complaint, to undertake any investigation that the Commissioner considers necessary; and

(c) to inform the Minister and the Attorney General of Canada of any activity of the Establishment that the Commissioner believes may not be in compliance with the law.

(3) The Commissioner shall, within 90 days after the end of each fiscal year, submit an annual report to the Minister on the Commissioner’s activities and findings, and the Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives the report.

(4) In carrying out his or her duties, the Commissioner has all the powers of a commissioner under Part II of the Inquiries Act.

(5) The Commissioner may engage the services of such legal counsel, technical advisers and assistants as the Commissioner considers necessary for the proper performance of his or her duties and, with the approval of the Treasury Board, may fix and pay their remuneration and expenses.

(6) The Commissioner shall carry out such duties and functions as are assigned to the Commissioner by this Part or any other Act of Parliament, and may carry out or engage in such other related assignments or activities as may be authorized by the Governor in Council.

(7) The Commissioner of the Communications Security Establishment holding office immediately before the coming into force of this section shall continue in office for the remainder of the term for which he or she was appointed.

2001, c. 41, s. 102.

273.64 (1) The mandate of the Communications Security Establishment is

(a) to acquire and use information from the global information infrastructure for the purpose of providing foreign intelligence, in accordance with Government of Canada intelligence priorities;

(b) to provide advice, guidance and services to help ensure the protection of electronic information and of information infrastructures of importance to the Government of Canada; and

(c) to provide technical and operational assistance to federal law enforcement and security agencies in the performance of their lawful duties.

(2) Activities carried out under paragraphs (1)(a) and (b)

(a) shall not be directed at Canadians or any person in Canada; and

(b) shall be subject to measures to protect the privacy of Canadians in the use and retention of intercepted information.

(3) Activities carried out under paragraph (1)(c) are subject to any limitations imposed by law on federal law enforcement and security agencies in the performance of their duties.

2001, c. 41, s. 102.

273.65 (1) The Minister may, for the sole purpose of obtaining foreign intelligence, authorize the Communications Security Establishment in writing to intercept private communications in relation to an activity or class of activities specified in the authorization.

(2) The Minister may only issue an authorization under subsection (1) if satisfied that

(a) the interception will be directed at foreign entities located outside Canada;

(b) the information to be obtained could not reasonably be obtained by other means;

(c) the expected foreign intelligence value of the information that would be derived from the interception justifies it; and

(d) satisfactory measures are in place to protect the privacy of Canadians and to ensure that private communications will only be used or retained if they are essential to international affairs, defence or security.

(3) The Minister may, for the sole purpose of protecting the computer systems or networks of the Government of Canada from mischief, unauthorized use or interference, in the circumstances specified in paragraph 184(2)(c) of the Criminal Code, authorize the Communications Security Establishment in writing to intercept private communications in relation to an activity or class of activities specified in the authorization.

(4) The Minister may only issue an authorization under subsection (3) if satisfied that

(a) the interception is necessary to identify, isolate or prevent harm to Government of Canada computer systems or networks;

(b) the information to be obtained could not reasonably be obtained by other means;

(c) the consent of persons whose private communications may be intercepted cannot reasonably be obtained;

(d) satisfactory measures are in place to ensure that only information that is essential to identify, isolate or prevent harm to Government of Canada computer systems or networks will be used or retained; and

(e) satisfactory measures are in place to protect the privacy of Canadians in the use or retention of that information.

(5) An authorization made under this section may contain any conditions that the Minister considers advisable to protect the privacy of Canadians, including additional measures to restrict the use and retention of, the access to, and the form and manner of disclosure of, information derived from the private communications.

(6) The Minister of National Defence may issue directions for the Canadian Forces to support the Establishment in carrying out activities authorized under this section.

(7) Authorizations issued under subsections (1) and (3) and directions issued under subsection (6) are not statutory instruments within the meaning of the Statutory Instruments Act.

(8) The Commissioner of the Communications Security Establishment shall review activities carried out under an authorization issued under this section to ensure that they are authorized and report annually to the Minister on the review.

(9) In this section, “Government of Canada” means a federal institution, as defined in subsection 3(1) of the Official Languages Act.

2001, c. 41, s. 102.

273.66 The Communications Security Establishment may only undertake activities that are within its mandate, consistent with ministerial direction and, if an authorization is required under section 273.65, consistent with the authorization.

2001, c. 41, s. 102.

273.67 Notwithstanding any other law, every person or class of persons that is authorized to give effect to an authorization under section 273.65 or any person who assists such a person is justified in taking any reasonable action necessary to give effect to the authorization.

2001, c. 41, s. 102.

273.68 (1) An authorization is valid for the period specified in it, and may be renewed for any period specified in the renewal. No authorization or renewal may be for a period longer than one year.

(2) An authorization may be varied or cancelled in writing at any time.

2001, c. 41, s. 102.

273.69 Part VI of the Criminal Code does not apply in relation to an interception of a communication under the authority of an authorization issued under this Part or in relation to a communication so intercepted.

2001, c. 41, s. 102.

273.7 No action lies under section 18 of the Crown Liability and Proceedings Act in respect of

(a) the use or disclosure under this Part of any communication intercepted under the authority of a Ministerial authorization under section 273.65; or

(b) the disclosure under this Part of the existence of such a communication.

2001, c. 41, s. 102.

274. For the purposes of this Part, “attorney general” means the attorney general of any province, the acting attorney general of a province or any minister of a government of a province who performs for the time being the duties of a provincial attorney general.

R.S., c. N-4, s. 232.

275. The Canadian Forces, any unit or other element thereof and any officer or non-commissioned member, with materiel, are liable to be called out for service in aid of the civil power in any case in which a riot or disturbance of the peace, beyond the powers of the civil authorities to suppress, prevent or deal with and requiring that service, occurs or is, in the opinion of an attorney general, considered as likely to occur.

R.S., 1985, c. N-5, s. 275; R.S., 1985, c. 31 (1st Supp.), s. 60.

276. Nothing in this Part shall be deemed to impose liability to serve in aid of the civil power, 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.

R.S., 1985, c. N-5, s. 276; R.S., 1985, c. 31 (1st Supp.), s. 60.

277. Where a riot or disturbance occurs or is considered as likely to occur, the attorney general of the province in which the place where the riot or disturbance occurs or is considered as likely to occur is situated, on the initiative of the attorney general or on the receipt of notification from a judge of a superior, county or district court having jurisdiction in the place that the services of the Canadian Forces are required in aid of the civil power, may, by requisition in writing addressed to the Chief of the Defence Staff, require the Canadian Forces, or such part thereof as the Chief of the Defence Staff or such officer as the Chief of the Defence Staff may designate considers necessary, to be called out on service in aid of the civil power.

R.S., c. N-4, s. 235.

278. On receiving a requisition in writing made by an attorney general under section 277, the Chief of the Defence Staff, or such officer as the Chief of the Defence Staff may designate, shall, subject to such directions as the Minister considers appropriate in the circumstances and in consultation with that attorney general and the attorney general of any other province that may be affected, call out such part of the Canadian Forces as the Chief of the Defence Staff or that officer considers necessary for the purpose of suppressing or preventing any actual riot or disturbance or any riot or disturbance that is considered as likely to occur.

R.S., 1985, c. N-5, s. 278; 2004, c. 15, s. 79.

279. A requisition of an attorney general under this Part may be in the following form, or to the like effect, and the form may, subject to section 280, be varied to suit the facts of the case:

Province of

To Wit

Whereas information has been received by me from responsible persons (or a notification has been received by me from a judge of a (superior) (county) (district) court having jurisdiction in ............) that a riot or disturbance of the peace beyond the powers of the civil authorities to suppress (or to prevent or to deal with) and requiring the aid of the Canadian Forces to that end has occurred and is in progress (or is considered as likely to occur) at ............;

And whereas it has been made to appear to my satisfaction that the Canadian Forces are required in aid of the civil power;

Now therefore I, ............, the Attorney General of ............, under and by virtue of the powers conferred by the National Defence Act, do hereby require you to call out the Canadian Forces or such part thereof as you consider necessary for the purpose of suppressing (or preventing or dealing with) the riot or disturbance.

Dated at ............, this ............ day of ............, 19.............

........................................
Attorney General

R.S., 1985, c. N-5, s. 279; R.S., 1985, c. 22 (4th Supp.), s. 75.

280. (1) In a requisition made under this Part, it shall be stated that

(a) information has been received by the attorney general from responsible persons, or a notification has been received by the attorney general from a judge, that a riot or disturbance beyond the powers of the civil authorities to suppress or to prevent or to deal with, as the case may be, has occurred or is considered as likely to occur and that the Canadian Forces are required in aid of the civil power; and

(b) it has been made to appear to the satisfaction of the attorney general that the Canadian Forces are so required.

(2) [Repealed, R.S., 1985, c. 22 (4th Supp.), s. 76]

(3) Every statement of fact contained in a requisition made under this Part is conclusive and binding on the province on behalf of which the requisition is made, and every undertaking or promise in the requisition is binding on the province and not open to question or dispute by reason of alleged incompetence or lack of authority on the part of the attorney general or for any other reason.

(4) A statement of fact contained in a requisition made under this Part is not open to dispute by the Chief of the Defence Staff.

R.S., 1985, c. N-5, s. 280; R.S., 1985, c. 22 (4th Supp.), s. 76.

281. Where a requisition is made under this Part, the attorney general of the province concerned shall, within seven days after the making of the requisition, cause an inquiry to be made into the circumstances that occasioned the calling out of the Canadian Forces or any part thereof, and the attorney general shall send a report on the circumstances to such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council for the purpose of this section.

R.S., 1985, c. N-5, s. 281; 1995, c. 11, s. 44.

282. Officers and non-commissioned members when called out for service in aid of the civil power shall, without further authority or appointment and without taking oath of office, be held to have, in addition to their powers and duties as officers and non-commissioned members, all of the powers and duties of constables, so long as they remain so called out, but they shall act only as a military body and are individually liable to obey the orders of their superior officers.

R.S., 1985, c. N-5, s. 282; R.S., 1985, c. 31 (1st Supp.), s. 60.

283. The Canadian Forces or any part thereof called out in aid of the civil power shall remain on duty, in such strength as the Chief of the Defence Staff or such officer as the Chief of the Defence Staff may designate deems necessary or orders, until notification that the Canadian Forces are no longer required in aid of the civil power is received from the attorney general of the province concerned and, from time to time as in the opinion of the Chief of the Defence Staff the exigencies of the situation require, the Chief of the Defence Staff may increase or diminish the number of officers and non-commissioned members called out.

R.S., 1985, c. N-5, s. 283; R.S., 1985, c. 31 (1st Supp.), s. 60.

284. [Repealed, R.S., 1985, c. 22 (4th Supp.), s. 77]

285. The moneys required to meet the expenses and costs occasioned by the calling out of the Canadian Forces as provided for in this Part and for the services rendered by them shall be paid out of the Consolidated Revenue Fund by the authority of the Governor in Council.

R.S., 1985, c. N-5, s. 285; R.S., 1985, c. 22 (4th Supp.), s. 77.