Visiting Forces Regulations (C.R.C., c. 1598)

Short Title

1 These Regulations may be cited as the Visiting Forces Regulations.

Interpretation

2 In these Regulations,

Act

Act means the Visiting Forces Act; (Loi)

Attorney General

Attorney General means, in respect of a civil court,

• (a) where the civil court is situated in the Northwest Territories or the Yukon Territory, the Attorney General of Canada or his lawful deputy, and

• (b) in all other cases, the Attorney General of the province in which the civil court is situated or his lawful deputy. (procureur général)

Waiver of Jurisdiction of Civil Courts

• 3 (1) Subject to this section, the Attorney General may waive the primary right of a civil court to exercise jurisdiction in respect of any act or omission constituting an offence against any law in force in Canada alleged to have been committed by a member of a visiting force in favour of a service court of the visiting force

  • (a) by sending a waiver signed by the Attorney General, in Form 1 set out in the schedule or to the like effect, to the officer in command of the visiting force, where no information has been laid against the member before the civil court in respect of the act or omission; or

  • (b) by complying with paragraph (a) and by sending a copy of the waiver to the judge, magistrate or justice who presides over the civil court, where such an information has been laid.

• (2) No waiver shall be made under this section in respect of an act or omission after a civil court has made an adjudication in respect thereof.

• (3) No request is necessary to empower the Attorney General to make a waiver under this section, but the officer in command of a visiting force may complete and send a request signed by him, in Form 2 set out in the schedule or to the like effect, to the Attorney General setting forth the reasons for which a waiver is requested.

Waiver of Jurisdiction of Service Courts

• 4 (1) The officer in command of a visiting force may waive the primary right of a service court to exercise jurisdiction in respect of the alleged commission by a member of the visiting force of an offence respecting any matter described in paragraphs 6(2)(a) to (c) of the Act in favour of a civil court by completing and sending a waiver signed by him, in Form 3 set out in the schedule or to the like effect, to the Attorney General.

• (2) No request is necessary to empower the officer in command of a visiting force to make a waiver under this section, but the Attorney General may complete and send a request signed by him, in Form 4 set out in the schedule or to the like effect, to the officer in command of the visiting force setting forth the reasons for which a waiver is requested.

Incarceration

• 5 (1) A request pursuant to section 11 of the Act by the officer in command of a visiting force for the incarceration of a member of that visiting force in a penitentiary, civil prison, service prison or detention barrack shall

  • (a) be in Form 5 set out in the schedule or to the like effect;

  • (b) set forth the reasons for the request;

  • (c) indicate the nature of the place in which that member would be incarcerated under the law of the designated state;

  • (d) contain an undertaking on behalf of the designated state to reimburse

    • (i) the Government of Canada if the member is to be incarcerated in a penitentiary, service prison or detention barrack operated at the expense of the Government of Canada, and

    • (ii) the Government of the province if the member is to be incarcerated in a prison operated at the expense of the Government of a province,

    for the cost of rations to be supplied by such government to the member while he is incarcerated; and

  • (e) be signed by the officer in command of the visiting force.

• (2) The Minister of National Defence shall, in his sole discretion, determine whether a request under section 11 of the Act is to be granted.

• (3) Where the Minister of National Defence determines that a request under section 11 of the Act is to be granted, he shall designate the penitentiary, civil prison, service prison or detention barrack to which the person in respect of whom the request is made is to be committed and shall in writing, in Form 6 set out in the schedule or to the like effect, notify the officer in command of the visiting force accordingly and of his appointment, pursuant to section 187 of the National Defence Act, as a committing authority in relation to the committal to the designated penitentiary, civil prison, service prison or detention barrack, as the case may be, of the person named in the notification.

• (4) A committal order issued by the officer in command of a visiting force pursuant to section 187 of the National Defence Act shall be in Form 7 set out in the schedule or to the like effect.

Police Functions

6 A member of the armed forces of a visiting force of a designated state may, in relation to any member of that visiting force or a dependant of that other member, exercise in Canada such police functions including the power of arrest, as may be conferred on him by the law of that state.

Summoning Witnesses

• 7 (1) Where a person is likely to give material evidence before a court martial of a visiting force, a subpoena, in Form 8 set out in the schedule or to the like effect, may be issued in accordance with this section requiring that person to attend and give evidence.

• (2) A subpoena issued under the authority of this section shall be signed by a magistrate or justice, as the case may be, and where the person whose attendance is required is not within the province in which the proceedings were instituted, the subpoena shall not be issued except pursuant to an order of a county or district court judge or a judge of a superior court of criminal jurisdiction, as defined in the Criminal Code, having jurisdiction in the province in which the proceedings were instituted.

Witness Fees

8 A witness who attends before a court martial of a visiting force to give evidence is entitled to receive the same fees and allowances as he would be entitled to receive if he had appeared for that purpose in proceedings instituted under the Criminal Code.