National Defence Act (NDA)
273.6,Â Public service
Marginal note:Limitation (2) The Canadian Forces shall not be authorized to perform any duty involving public service that is of a nature that, in the opinion of the Governor in Council or the Minister, as the case may be, could more appropriately be performed by persons employed in the public service.
Marginal note:Regulations (3) The Governor in Council may make regulations respecting any authorization under subsection (1).
the assistance is necessary for the preservation of the peace, order and good government of Canada.
The Canadian Forces may provide assistance in respect of any law enforcement matter, including:
1. Providing personnel to assist with investigations, surveillance, or other activities related to law enforcement;
2. Providing specialized equipment or expertise;
3. Assisting with search and rescue operations;
4. Assisting with crowd control or riot control;
5. Providing logistical support for police operations; and
6. Providing training to law enforcement personnel.
- the assistance is in the national interest; and
- the matter cannot be effectively dealt with except with the assistance of the Canadian Forces.
Exception (3) applies to assistance that is of a minor nature and limited to logistical, technical or administrative support. This means that such assistance does not need to be reported under subsection (2). Examples of this type of assistance may include providing advice on how to complete paperwork, helping with the organization of an event, or providing access to resources such as computers or office space.
The Minister’s authority under this section is limited by any directions issued by the Governor in Council. The Minister must abide by these directions and cannot act contrary to them.
88 The Governor in Council may make regulations respecting the administration of this Part, including regulations
(a) prescribing the form and manner of making applications under section 83;
(b) respecting the information to be provided by applicants under section 83; and
(c) respecting the fees payable for applications made under section 83.