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

Act current to 2013-11-13 and last amended on 2013-10-18. Previous Versions

Marginal note:Other non-public property

  • 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.

  • Marginal note:By-products and refuse

    (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.

  • Marginal note:Alienation of 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.
Marginal note:Liability for loss or damage

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.
Marginal note:Ministerial directions

  • 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.

  • Marginal note:Audit

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

  • Marginal note:Special provision

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

  • R.S., c. N-4, s. 38.

Service Estates

Marginal note:Collection, administration and distribution

  • 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.

  • Definition of “service estate”

    (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.