Bill C-513
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C-513
Second Session, Thirty-ninth Parliament,
56-57 Elizabeth II, 2007-2008
HOUSE OF COMMONS OF CANADA
BILL C-513
An Act to amend the National Defence Act (foreign military mission)
first reading, February 25, 2008
Mrs. Mourani
392141
SUMMARY
This enactment amends the National Defence Act so that when a foreign military mission includes or might include an offensive facet, the Minister must table a motion for ratification of the declaration of intention to place the Canadian Forces on active service before the House of Commons.
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2nd Session, 39th Parliament,
56-57 Elizabeth II, 2007-2008
house of commons of canada
BILL C-513
An Act to amend the National Defence Act (foreign military mission)
R.S., c. N-5
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. The portion of subsection 31(1) of the National Defence Act before paragraph (a) is replaced by the following:
Placing forces on active service
31. (1) Subject to section 32.1, the Governor in Council may place the Canadian Forces or any component, unit or other element thereof or any officer or non-commissioned member thereof on active service anywhere in or beyond Canada at any time when it appears advisable to do so
2. The Act is amended by adding the following after section 32:
Definitions
32.1 (1) The following definitions apply in this section.
“declaration”
« déclaration »
« déclaration »
“declaration” means a declaration of intention to place the Canadian Forces on active service beyond Canada pursuant to subsection 31(1) that sets out the purpose of the mission and indicates where the intervention is to be and its duration stay.
“foreign military mission”
« mission militaire à l’étranger »
« mission militaire à l’étranger »
“foreign military mission” does not include emergency offensive foreign military missions of less than one week’s duration.
“motion”
« motion »
« motion »
“motion” means a motion for confirmation of the declaration signed by the Minister accompanied by the reasons for the declaration.
“offensive facet”
« volet offensif »
« volet offensif »
“offensive facet” means a military mission whose rules of engagement are not limited to the use of arms and military forces to defend the Canadian contingent or to defend the individuals or populations under its protection.
Tabling in Parliament when sitting
(2) When a foreign military mission includes or might include an offensive facet, the Minister shall lay a motion before the House of Commons within five sitting days after the declaration is issued.
Summoning Parliament or House
(3) If the declaration is issued during a prorogation of Parliament or when the House of Commons stands adjourned, Parliament or the House, as the case may be, shall be summoned forthwith to sit within five days after the declaration is issued.
Summoning Parliament
(4) If the declaration is issued at a time when the House of Commons is dissolved, Parliament shall be summoned to sit within five days after the declaration is issued.
Tabling in Parliament after summoned
(5) Where the House of Commons is summoned to sit in accordance with subsection (3) or (4), the motion shall be laid before the House on the first sitting day after the House is summoned.
Consideration
(6) Where a motion is laid before the House of Commons as provided in subsection (2) or (5), the House shall, on the sitting day next following the sitting day on which the motion was so laid, take up and consider the motion.
Vote
(7) The motion taken up and considered in accordance with subsection (6) shall be debated without interruption for a maximum of three hours and, at such time as the House is ready for the question, the Speaker shall forthwith, without further debate or amendment, put every question necessary for the disposition of the motion.
Effective date
(8) The placing of the Canadian Forces on active service takes effect only on the ratification of the motion by the House of Commons.
Published under authority of the Speaker of the House of Commons
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