Visiting Forces Act (R.S.C., 1985, c. V-2)

Marginal note:Enforcement of judgment

17 A member of a visiting force is not subject to any proceedings for the enforcement of any judgment given against him in Canada in respect of a matter that arose while the member was acting within the scope of his duties or employment.

Marginal note:Ships

18 Except as section 15 may be made applicable by order of the Governor in Council in respect of the ships of any particular designated state, that section does not apply to a claim arising out of or in connection with the navigation, operation or salvage of a ship or the loading, carriage or discharge of a cargo, unless the claim is a claim arising out of death or injury to the person.

Marginal note:Official duty

• 19 (1) Where a question that cannot be settled by negotiation between the parties arises under this Part as to whether

  • (a) a member of a visiting force was acting within the scope of his duties or employment, or

  • (b) a matter in respect of which judgment was given against a member of a visiting force arose while the member was acting within the scope of his duties or employment,

  the question shall be submitted to an arbitrator appointed in accordance with subsection (2), and for the purposes of this Part the decision of the arbitrator is final and conclusive.

• Marginal note:Appointing arbitrator

  (2) An arbitrator shall be appointed for the purposes of this section by agreement between the designated state concerned and Canada from among the nationals of Canada who hold or have held high judicial office, and if the designated state and Canada are unable, within two months, to agree on the arbitrator, either the designated state or Canada may request any person designated in an agreement with the designated state or acceptable to the designated state and Canada to appoint the arbitrator from among the nationals of Canada who have held high judicial office.

PART IVSecurity Provisions

Marginal note:Security of Information Act applicable

20 Subject to section 21, the Security of Information Act applies and shall be construed as applying in respect of a designated state as though

• (a) a reference in that Act to office under Her Majesty included any office or employment in or under any department or branch of the government of a designated state;

• (b) a reference in that Act to prohibited place included

  • (i) any work of defence belonging to or occupied or used by or on behalf of a designated state including arsenals, armed forces establishments or stations, factories, dockyards, mines, minefields, camps, ships, aircraft, telegraph, telephone, wireless or signal stations or offices, and places, other than diplomatic premises of designated states, used for the purpose of building, repairing, making or storing any munitions of war or any sketches, plans, models or documents relating thereto, or for the purpose of getting any metals, oil or minerals of use in time of war, and

  • (ii) any place, not belonging to a designated state, where any munitions of war or any sketches, plans, models or documents relating thereto are being made, repaired, obtained or stored under contract with, or with any person on behalf of, a designated state, or otherwise on behalf of a designated state;

• (c) a reference in that Act to safety or interests of the state or to interest of the state or to public interest included the safety and security interests of a designated state;

• (d) a reference in that Act to contract made on behalf of Her Majesty included a contract made on behalf of a designated state;

• (e) the expression appointed by or acting under the authority of Her Majesty in that Act included the expression “appointed by or acting under the authority of the government of a designated state”; and

• (f) a reference in that Act to any member of Her Majesty’s forces included a member of the visiting force of a designated state.

Marginal note:Exception

21 Section 26 of the Security of Information Act does not apply in respect of a designated state.

PART VTaxation

Marginal note:Residence or domicile

• 22 (1) Where the liability for any form of taxation in Canada depends on residence or domicile, a period during which a member of a visiting force is in Canada by reason of his being a member of such visiting force shall, for the purpose of such taxation, be deemed not to be a period of residence in Canada and not to create a change of residence or domicile.

• Marginal note:Salaries

  (2) A member of a visiting force is exempt from taxation in Canada on the salary and emoluments paid to the member as a member by a designated state and in respect of any tangible personal or corporeal movable property that is in Canada temporarily by reason of the member’s presence in Canada as a member.

• Marginal note:Resident Canadian citizens excepted

  (3) For the purposes of this section, the term member of a visiting force does not include a Canadian citizen resident or ordinarily resident in Canada.

Marginal note:Service vehicles

23 No tax or fee is payable in respect of the licensing or registration of service vehicles of a visiting force or in respect of the use of such vehicles on any road in Canada.

Marginal note:Imports

• 24 (1) Subject to the regulations, a visiting force may import into Canada, free of duty and tax, equipment for the visiting force and such quantities of provisions, supplies and other goods for the exclusive use of the visiting force as in the opinion of the Minister of Public Safety and Emergency Preparedness are reasonable.

• Marginal note:Idem

  (2) The Minister of Public Safety and Emergency Preparedness may authorize the import into Canada, free of duty and tax, of goods for use by dependants of members of a visiting force.

Marginal note:Personal effects and motor vehicles

25 A member of a visiting force may, in accordance with the regulations,

• (a) at the time of his first arrival to take up service in Canada and at the time of the first arrival of any dependant to join the member, import his personal effects and furniture free of duty and tax; and

• (b) import, free of duty and tax, his private motor vehicle for the personal use of himself and his dependants temporarily, but this paragraph shall not be construed as granting or authorizing the granting of any exemption from taxes or fees in respect of the licensing or registration of private vehicles or the use of the roads by private vehicles in Canada.

Marginal note:Fuel, oil, etc.

26 Subject to compliance with such conditions as are prescribed by the regulations, no duty or tax is payable on any fuel, oil or lubricants intended for use exclusively in the service vehicles, aircraft or vessels of a visiting force.

PART VIAttachments to and from Canadian Forces

Marginal note:Application of section

• 27 (1) The forces, other than the Canadian Forces, to which this section applies are the armed forces raised in a country declared by the Governor in Council as a country in respect of which this Part is applicable.

• Marginal note:Temporary attachments

  (2) The Governor in Council

  • (a) may attach temporarily to the Canadian Forces a member of another force to which this section applies who is placed at his disposal for the purpose by the service authorities of the country to which the other force belongs; and

  • (b) subject to anything to the contrary in the conditions applicable to his service, may place any member of the Canadian Forces at the disposal of the service authorities of another country for the purpose of being attached temporarily by those authorities to a force to which this section applies.

• Marginal note:Law applicable to member of force attached to Canadian Forces

  (3) While a member of another force is by virtue of this section attached temporarily to the Canadian Forces, the member is subject to the law relating to the Canadian Forces in like manner as if he were a member of the Canadian Forces, and shall be treated and have the like powers of command, punishment and, notwithstanding subsection 12(1), arrest over members of the Canadian Forces as if he were a member thereof of relative rank.

• Marginal note:Application of Canadian statutes

  (4) The Governor in Council may direct that, in relation to members of another force to which this section applies, the statutes relating to the Canadian Forces shall apply with such exceptions and subject to such adaptations and modifications as may be specified by the Governor in Council.

• Marginal note:Mutual power of command

  (5) When the Canadian Forces and another force to which this section applies are serving together, whether alone or not,

  • (a) any member of the other force shall be treated and shall have over members of the Canadian Forces the like powers of command as if he were a member of the Canadian Forces of relative rank; and

  • (b) if the forces are acting in combination, any officer of the other force appointed, by agreement between Her Majesty in right of Canada and the government of the country to which that force belongs, to command the combined force, or any part thereof, shall be treated and shall have over members of the Canadian Forces the like powers of command, punishment and arrest, and may be invested with the like authority as if he were an officer of the Canadian Forces of relative rank and holding the same command.

• Marginal note:Forces serving together or in combination

  (6) For the purposes of this section, forces shall be deemed to be serving together or acting in combination only if they are declared to be so serving or so acting by order of the Governor in Council, and the relative rank of members of the Canadian Forces and of other forces shall be such as may be prescribed by regulations made by the Governor in Council.

PART VIIRegulations

Marginal note:Regulations

28 The Governor in Council may make regulations for carrying out the purposes and provisions of this Act.