C.R.C., c. 159820196

22

VISITING FORCES ACTVisiting Forces RegulationsRegulations made pursuant to the Visiting Forces ActShort Title

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

Interpretation

2In these Regulations,Act means the Visiting Forces Act; (Loi)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

6A 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

8A 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.

SCHEDULE(ss. 3, 4, 5 and 7)FORM 1To the Officer in Command of(visiting force)I, the undersigned, being the Attorney General (or Deputy Attorney General) of (Canada or province), do hereby waive, in favour of the service courts of (visiting force), the primary right of the civil courts of (province or territory) to exercise jurisdiction in respect of (name of member), a member of that visiting force, who is alleged to have committed an offence against a law in force in Canada, namely, that (here describe alleged circumstances of offence).Dated at , this day of , 19(Attorney General)(Canada or province)FORM 2To the Attorney General of(Canada or province)Whereas (name of member) is a member of , a visiting force within the meaning of the Visiting Forces Act;And whereas the said (name of member) is alleged to have committed an offence against a law in force in Canada, namely, (here describe the alleged circumstances of the offence);And whereas it appears to the undersigned, the officer in command of the visiting force, that the primary right of the civil courts of (province or territory) to exercise jurisdiction in respect of the alleged commission by the said member of the said offence should be waived for the following reasons:This is, therefore, to request that the primary right of the civil courts of (province or territory) to exercise jurisdiction in respect of the alleged commission by the said member of the said offence be waived.Dated at , this day of , 19(Officer in command)(visiting force)FORM 3To the Officer in Command of(visiting force)I, the undersigned, being the Attorney General of (Canada or province) do hereby request the waiver of the primary right of the service courts of (visiting force) to exercise jurisdiction in respect of (name of member), a member of that visiting force, who is alleged to have committed an offence mentioned in subsection 6(2) of the said Act, namely, that (here describe alleged circumstances of offence).The reasons for which this waiver of jurisdiction is sought are:Dated at , this day of , 19(Attorney General)(Canada or province)FORM 4To the Attorney General of(Canada or province)I, the undersigned, being the officer in command of (visiting force) do hereby waive, in favour of the civil courts of (province or territory), the primary right of the service courts of the said visiting force to exercise jurisdiction in respect of (name of member), a member of that visiting force, who is alleged to have committed an offence mentioned in subsection 6(2) of the Visiting Forces Act, namely, that (here describe alleged circumstances of offence).Dated at , this day of , 19(Officer in command)(visiting force)FORM 5To the Minister of National DefenceWhereas (name of member) is a member of the visiting force of (country) a designated state within the meaning of the Visiting Forces Act;And whereas the said member has been sentenced by a service court to undergo a punishment involving incarceration;And whereas it is desirable that the incarceration be served wholly or partly in a penitentiary, civil prison, service prison or detention barrack for the reason that (here set out reasons for the request including the nature of the place of incarceration under the law of the designated state)This, therefore, is to request you to determine whether the punishment of the said member is to be served in whole or part in a penitentiary, civil prison, service prison or detention barrack;And this is further an undertaking on behalf of the Government of (country) to reimburse the Government of Canada for the cost of rations to be supplied to the said member while he is incarcerated, if he is incarcerated in a penitentiary, service prison or detention barrack operated at the expense of the Government of Canada, and if he is incarcerated in a prison operated at the expense of the government of a province, to reimburse the government of the province for the cost of rations to be supplied to the said member while he is incarcerated.Dated at , this day of , 19(Officer in command)(visiting force)FORM 6To the Officer in Command of(visiting force)Whereas (name of member), a member of the visiting force of (country), a designated state within the meaning of the Visiting Forces Act, has been sentenced by a service court to undergo a punishment involving incarceration;And whereas you have requested that it be determined whether such punishment is to be served in whole or in part in a penitentiary, civil prison or detention barrack;This is therefore to notify youThat I have determined that the said (name of member) shall serve his incarceration in the (penitentiary, civil prison, service prison or detention barrack) at , in the province (or territory) of , andThat, pursuant to section 187 of the National Defence Act, I hereby appoint you a committing authority within the meaning of that section in relation to the committal to the said (penitentiary, civil prison, service prison or detention barrack) of the said (name of member)(Attorney General)(Canada or province)FORM 7Warrant of CommittalCanada,Province of To the Keeper of the (penitentiary, civil prison, service prison or detention barrack, as the case may be) at :Whereas (name of member), a member of the visiting force of (country), a designated state within the meaning of the Visiting Forces Act, was on the day of sentenced by a service court to undergo a punishment involving incarceration, and it was adjudged that he should, for his offence, be imprisoned for the term of ;And whereas, pursuant to subsection 11(2) of the said Act, the Minister of National Defence has determined that the punishment is to be served (in whole or in part) in the (penitentiary, civil prison, service prison or detention barrack, as the case may be) at ; This is, therefore, to command you, in Her Majesty’s name, to receive the said member into custody in the said (penitentiary, civil prison, service prison or detention barrack, as the case may be) and imprison him there for the term of , and for so doing this is a sufficient warrant.Dated at , this day of , 19(A committing authority under section 178 of the National Defence Act)FORM 8Subpoena to a WitnessCanada,Province of To (name of witness) (occupation):Whereas (name of member), a member of the (visiting force), has been charged that (state offence as in the charge) and it has been made to appear that you are likely to give material evidence for (the prosecution or the defence);This is, therefore, to command you to attend before (set out name of tribunal) , on the day of , 19, at o’clock in the noon at , to give evidence concerning the said charge*.Dated this day of , at .(Magistrate or justice)*Where a witness is required to produce documents add the following: and to bring with you any writings in your possession or under your control that relate to the said charge, and more particularly the following: (specify any writings required).