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VISITING FORCES ACT

(RSC 1985 c V-2)

    Note - The Revised Statutes, 1985 came into force on December 12, 1988. Only sections pertaining to Prisons and Reformatories are reproduced.

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An Act respecting the armed forces of countries visiting Canada


SHORT TITLE
 
1. Short title - This Act may be cited as the Visiting Forces Act.
R.S., c. V-6, s. 1.
 
INTERPRETATION
 
2. Definitions - In this Act,
  "Canadian Forces" means the armed forces of Her Majesty raised by Canada;
  "civil court" means a court of ordinary criminal jurisdiction in Canada and includes a court of summary jurisdiction;
  "civil prison" means any prison, jail or other place in Canada in which offenders sentenced by a civil court in Canada to imprisonment for less than two years can be confined;
  "dependant" means, with reference to a member of a visiting force or to a member of the armed forces of a designated state, a person who forms part of the member's household and depends on the member for support;
  "designated state" means a state, other than Canada, that is designated under section 4;
  "detention barrack" means a place designated as such under the National Defence Act;
  "penitentiary" means a penitentiary within the meaning of Part I of the Corrections and Conditional Release Act, and includes any prison or place in which a person sentenced to imprisonment for two years or more by a civil court having jurisdiction in the place where the sentence is imposed can, for the time being, be confined;
  "service court" means a court martial and includes the service authorities of a designated state who are empowered by the laws of that state to deal with charges;
  "service prison" means a place designated as such under the National Defence Act;
  "visiting force" means any of the armed forces of a designated state present in Canada in connection with official duties, and includes civilian personnel designated under section 4 as a civilian component of a visiting force.
R.S., 1985, c. V-2, s. 2; 1992, c. 20, s. 216; 2000, c. 12, s. 316.
 
                 
 
PART II
DISCIPLINARY JURISDICTION OF VISITING FORCES
 
                 
 
11. (1) Place of incarceration - Where a member of a visiting force or a dependant of any such member has been sentenced by a service court to undergo a punishment involving incarceration, the incarceration may, at the request of the officer in command of the visiting force and in accordance with the regulations, be served wholly or partly in a penitentiary, civil prison, service prison or detention barrack, and the provisions of the National Defence Act respecting the carrying out of punishments of incarceration imposed on officers and non-commissioned members of the Canadian Forces apply with such modifications as the circumstances require.
     (2) Idem - The Minister of National Defence shall, in accordance with the regulations and having regard to the nature of the place of incarceration to which the offender would have been committed under the law of the designated state, determine whether the offender's punishment is to be served in whole or in part in a penitentiary, civil prison, service prison or detention barrack.
R.S., 1985, c. V-2, s. 11; R.S., 1985, c. 31 (1st Supp.), s. 61.
 
                 
 
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