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
Civilian Authority Directly to Unit or Base Unit or Base Commanding Officer
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:

  1. UNSCR
  2. Self-Defence
  3. 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:

  1. UNSCR
  2. Self-Defence
  3. 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:

  1. UNSCR
  2. Self-Defence
  3. 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:

  1. UNSCR
  2. Self-Defence
  3. 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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