Legal Framework and Authorities

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Tab 8a – Annex A: Crown Prerogative

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Tab 8b – Annex B: Domestic Operations - Authorities Matrix

Category	Type of Assistance	Legal Instrument	Requesting Authority	Requesting Process	Approval Authority	Examples
Domestic Emergency (Public Welfare Emergency) Federal	-	Emergencies Act	-	-	Governor in Council	Public Health Crisis
Aid of the Civil Power (ACP) Provincial	Call out of the CAF to suppress or prevent a riot or disturbance of the peace	NDA Part VI	Provincial Attorney General	Directly from Provincial Attorney General	CDS after receiving direction from MND	Oka Crisis
Assistance to Federal Law Enforcement Agencies	ALEA	NDA 273.6 (2)	MPS	MPS to MND	MND	OP PODIUM (CAF support to Vancouver Olympic Games security operations)
	-	CFAAD (OIC)	MPS	MPS to MND	MND	JTF-2 CT Support to RCMP
	-	NDA 273.6 (2) and OIC 1975 (Penitentiary Assistance Order)	MPS or Comm of Penitentiaries	MPS or CSC to CDS (OIC) CSC to MPS to MND (NDA s.273.6(2))	MND or CDS (depending on instrument – NDA is preferred as it involves MND)	Correctional Services Strike / Prison Riot
	-	NDA 273.6 (2) and MOU (DFO/DND)	DFO	DFO to MND	MND	Fisheries Patrol
	-	NDA 273.6 (2) and MOU Vessel Escort	Asst/Comm RCMP	Asst/Comm RCMP to Comd CJOC	Comd CJOC (refer to MOU for delegated authority)	Vessel Escort
	-	NDA 273.6 (2) and MOU CBRNE	Asst/Comm RCMP	Asst/Comm RCMP to Comd CJOC	Comd CJOC (refer to MOU for delegated authority)	CJIRU support to RCMP
	-	NDA 273.6 (2) and MOU (CAF/RCMP – CD Ops)	Asst/Comm RCMP	Asst/Comm RCMP to Comd CJOC	Comd CJOC (refer to MOU for delegated authority)	OP SABOT (CAF support to RCMP against illegal growing of marijuana)
	ALEA- Air Security Incident	NDA 273.6 (2) and OIC	RCMP	Per OIC	Per OIC	Passenger Disturbance, Criminal Hijacking
Assistance to Provincial Law Enforcement Agencies	ALEA	NDA 273.6 (2)	Minister Responsible for Provincial Policing	Minister Responsible for Provincial Policing to MPS; MPS to MND	MND	-
Public Service	Humanitarian Assistance / Disaster Response	NDA 273.6 (1)	Provincial Minister or Officials responsible for Public Safety (EMO/PS)	Provincial Minister/Officials to MPS or CAF direct, MPS to MND (coord by GOC)	MND	OP LENTUS (CAF support to natural disasters in Canada, including forest fires, floods and ice storms) Support to Government’s COVID-19 pandemic response (OP LASER) and vaccination effort (OP VECTOR) OP ELEMENT (CAF support to Government’s response to influx of asylum seekers)
Provision of Service	General	B-GS-055-000/AG-001 Provision of Services Policy (via underlying MND direction)	Civilian Authority	Directly to OP-level HQ	OP-level Commanders	Lower level support to non-defence agencies
Provision of Service	General		Civilian Authority	Directly to Unit or Base	Unit or Base Commanding Officer	Lower level support to non-defence agencies
Defence of Canada	Operation Noble Eagle	OIC	NORAD	Per OIC	Per OIC	-

Tab 8c - Annex C: International Deployments - Authorities Matrix

Category	Requestor	International Authority	Domestic Authority	Approval Authority	Examples
Non-Combatant Evacuation	MINA to MND	Protection of Nationals Abroad or One or more of: UNSCR Self-Defence Host Nation Consent	Exercise of Crown Prerogative by the Executive NDA s 273.6(1)	Cabinet (as reflected in Record of Decision) or PM or MND & MINA or MND	OP LION (Assistance to then-DFAIT mission to evacuate Canadian entitled persons from Lebanon in 2006) OP AEGIS (Assistance to Government of Canada efforts in Afghanistan in 2021)
Humanitarian Relief / Disaster Response	MINA to MND	One or more of: UNSCR Self-Defence Host Nation Consent	Exercise of Crown Prerogative by the Executive	Cabinet (as reflected in Record of Decision) or PM or MND & MINA or MND	OP RENAISSANCE (Disaster response operations incl. Philippines 2013, Nepal 2015) OP HESTIA (Humanitarian relief post Haiti earthquake 2010)
Support for Unilateral or Multilateral Missions	Foreign Government, International Organization, Government of Canada	One or more of: UNSCR Self-Defence Host Nation Consent	Exercise of Crown Prerogative by the Executive	Cabinet (as reflected in Record of Decision) or PM or MND & MINA or MND	OP ATHENA (Peace support and combat forces in Afghanistan) OP MOBILE (CAF role in international response to uprising in Libya) OP IMPACT (CAF role in int’l coalition fighting Daesh in Iraq and Syria in collective SD of Iraq)
UN / NATO Missions	International Organization	One or more of: UNSCR Self-Defence Host Nation Consent	Exercise of Crown Prerogative by the Executive	Cabinet (as reflected in Record of Decision) or PM or MND & MINA or MND	OP REASSURANCE (Assurance and deterrence measures to reinforce NATO collective defence) OP CROCODILE (UN Stabilization Mission in Dem. Republic of Congo)
Training / Exercise	DND / CAF, International Organization, Foreign Government or Military Force	Host Nation Consent	NDA s 18 (1) or C.P.	CDS or delegate Possibly require GoC Authorities as noted above if high risk / operational activity involved	RIMPAC, JOINT EX. Note: Capacity Building / Trg Foreign Forces may be op activity req. GoC auth.
OUTCAN Postings	DND / CAF, International Organization, Foreign Government or Military Force	Host Nation Consent	NDA s 18 (1) or C.P.	CDS or delegate Possibly require GoC Authorities as noted above if high risk / operational activity involved	Secondment to UN HQ, exchange positions with allies & national auth. to deploy with them (“NAD”)

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Date modified:: 2022-02-23