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Bill C-295

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1nd Session, 35th Parliament,
42-43 Elizabeth II, 1994

The House of Commons of Canada

BILL C-295

An Act to provide for the control of Canadian peacekeeping activities by Parliament and to amend the National Defence Act in consequence thereof

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Peacekeeping Act.

INTERPRETATION

Definitions

2. In this Act,

``Canadian Forces''
« Forces canadiennes »

``Canadian Forces'' has the meaning given to it in the National Defence Act;

``peacekeepin g service''
« opérations de maintien de la paix »

``peacekeeping service'' means service by Canadian Forces

      (a) in a specific state or area outside Canada,

      (b) in an activity to maintain peace or support the circumstances that may bring about peace,

      (c) authorized by a resolution of the United Nations General Assembly or the United Nations Security Council, and

      (d) involving one hundred or more members of the Canadian Forces outside Canada at one time for a period of more than a month.

PEACEKEEPING MISSIONS

Peacekeeping service subject to this Act

3. Notwithstanding the National Defence Act, any other Act of Parliament or a treaty or other obligation made with or undertaken to any other state or international body, no Canadian Forces shall serve or be committed to serve in peacekeeping service except pursuant to this Act.

Authority of House of Commons

4. (1) No Canadian Forces shall serve or be committed to serve in peacekeeping service or continue in such service beyond a time or expenditure limit previously approved by the House of Commons pursuant to this section unless

    (a) the Minister of Defence has moved in the House of Commons a resolution

      (i) authorizing the specific mission for the peacekeeping service,

      (ii) specifying the objectives, duties and role of the mission,

      (iii) defining the state or area in which the mission is to operate,

      (iv) specifying the date on which the authority is to expire, and

      (v) specifying a maximum planned expenditure for the mission;

    (b) the House of Commons has allocated no less than five hours of debate on the resolution;

    (c) the question has been put on the resolution at the end of debate; and

    (d) the resolution has been passed or passed with amendments.

Terms subject to resolution

(2) Peacekeeping service authorized by a resolution of the House of Commons pursuant to subsection (1) is subject to the terms of the resolution.

Non-combata nt and neutral

5. (1) In peacekeeping service, subject to subsection (3), Canadian Forces shall be neutral and not engage in combat.

Change in government

(2) In peacekeeping service, Canadian Forces shall not participate in any action designed to force the government of a state to leave office or to install a government other than by facilitating a process that is democratic and is in accordance with the laws of the state or a resolution of the United Nations General Assembly or the United Nations Security Council.

Use of force

(3) During peacekeeping service, Canadian Forces shall be subject to rules of engagement that specify the circumstances in which force may be used and that order that they may not use deadly force except

    (a) in self-defence against actual or immediately threatened deadly force;

    (b) in defence of civilians who are subject to actual or immediately threatened deadly force;

    (c) to stop a serious abuse of human rights in cases where deadly force is the only effective way to stop the abuse.

Forces under Canadian command

6. (1) Canadian Forces in peacekeeping service shall be under the direct command of an officer of the Canadian Forces.

United Nations command

(2) The officer in command of Canadian Forces on a mission of peacekeeping service may be placed under the command of the United Nations or an international organization represented by an officer of another state, by order of the Governor in Council.

Authority for U.N. command

(3) An order made under subsection (2) may remain in force for no longer than six months, and shall be laid before each House of Parliament on any of the first three days on which that House sits following the day the order is made.

Renewal of order

(4) An order made under subsection (2) may be renewed by the Governor in Council on not more than two successive occasions and may be renewed for a third or subsequent time if the renewal is approved by resolution of the House of Commons in the manner described in section 4.

TERMINATION OF MISSION

Termination of mission by Commons

7. The House of Commons may by resolution terminate or amend the purpose, terms, scope or location of a mission approved pursuant to section 4.

Termination of mission

8. As soon as the objectives of a mission are reached or the maximum expenditure or term approved by the House of Commons for the mission is reached, whichever first occurs, every peacekeeping service mission shall be terminated and all Canadian Forces withdrawn from the state or area of the mission, notwithstanding that the authority of the House of Commons for the mission may still be in force.

NATIONAL DEFENCE ACT

R.S., c. N-5

9. The National Defence Act is amended by adding the following heading and section after section 30:

Peacekeeping Service

Definition

30.1 (1) In this section ``peacekeeping service'' has the meaning given to it by the Peacekeeping Act.

Peacekeeping Act

(2) Canadian Forces may be assigned to peacekeeping service only pursuant to the Peacekeeping Act.

Deemed active service

(3) An officer or non-commissioned member assigned to a mission that is subject to the Peacekeeping Act shall be deemed to be on active service for all purposes.

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