QR&Os: Volume IV - Appendix 1.6 National Defence Claims Regulations, 1970

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SOR/70-426

NATIONAL DEFENCE ACT

National Defence Claims Regulations, 1970

P.C. 1970-1673

23 September, 1970

His Excellency the Governor General in Council, on the recommendation of the Minister of National Defence and the Treasury Board and with the concurrence of the Minister of Justice, pursuant to section 13 of the National Defence Act, is pleased hereby to make the annexed Regulations respecting claims under the National Defence Act, effective 1st November, 1970.

REGULATIONS RESPECTING CLAIMS UNDER THE NATIONAL DEFENCE ACT

Short Title

1. These Regulations may be cited as the National Defence Claims Regulations, 1970.

Interpretation

2. (1) In these Regulations,

"Crown" (la Couronne)
means Her Majesty in right of Canada;
"Department" (Ministère)
means the Department of National Defence and includes the Defence Research Board;
"local authority" (autorité locale)
in relation to any claim means an Assistant Judge Advocate General or other person appointed by the Minister to be local authority for the purposes of the National Defence Claims Order in any region; and
"Minister" (Ministre)
means the Minister of National Defence.

(2) Unless the context otherwise requires, other words and phrases in these Regulations have the same meaning as in the National Defence Act.

3. These Regulations apply to every claim that the Crown, by reason of an incident alleged to result from a tort committed by an officer or man acting outside the scope of his duties or employment, may have in respect of the loss of or damage to public property under the control or administration of the Department

4. An Opinion shall be obtained in respect every incident referred to in section 3, as to whether the Crown has a legal claim.

Authority to Give Opinion

5. An opinion referred to in section 4 shall be given

  1. by a local authority, if the amount of damages involved does not exceed one thousand dollars;
  2. by the Judge Advocate General, if the amount of damages involved does not exceed five thousand dollars; or
  3. by the Deputy Attorney General of Canada, if the amount of damages involved exceeds five thousand dollars.

Demand for Payment

6. (1) Subject to subsection (2), where an opinion is given that the Crown has a legal claim, a demand for payment shall be made by the Department in an amount that is not less than the amount of the claim.

(2) The Minister may, by reason of extenuating circumstances, direct that a demand for payment be made for an amount less than the amount of the Crown's claim or that no demand be made.

(3) Where a payment referred to in subsection (1) or (2) is not made within a reasonable time, the matter shall be referred for further action to the Judge Advocate General or the Deputy Attorney General of Canada, whichever is appropriate.

Application - Chapter 38 of The Queen's Regulations and Order for the Canadian Forces

7. Where a claim by the Crown referred to in section 3 arises, chapter 38 of the Queen's Regulations and Orders for the Canadian Forces does not apply.

QUEEN'S PRINTER FOR CANADA, OTTAWA, 1970