1.Operating Within the DND Regulatory Framework 2.Operating Within the Canadian Civilian Regulatory Framework 3.Operating Within the CF Regulatory Framework

1. Operating Within the DND Regulatory Framework

2. Operating Within the Canadian Civilian Regulatory Framework

3. Operating Within the CF Regulatory Framework

Explain the Regulatory FrameworkExplain the Regulatory Framework

Course: BMQ (P Res)

EO: 004.01

Rank/Name:

Allotted time:References: Official Languages Act

Privacy Act Access to Information Act Personal Information Protection and Electronic Documents Act Security of Information ActN-5 – National Defence Acthttp://laws-lois.justice.gc.ca/eng/

Explain the Regulatory Explain the Regulatory FrameworkFramework




1.1. Canada, similar to other Western countries, Canada, similar to other Western countries, maintains a separate military justice system, whose maintains a separate military justice system, whose main component, the Code of Service Discipline main component, the Code of Service Discipline (CSD), constitutes Part III of the (CSD), constitutes Part III of the National Defence National Defence Act Act (NDA). The military justice system fosters (NDA). The military justice system fosters operational efficiency of the Canadian Forces by operational efficiency of the Canadian Forces by contributing to the maintenance of discipline, contributing to the maintenance of discipline, efficiency and morale. The Supreme Court of efficiency and morale. The Supreme Court of Canada acknowledges that it is necessary to have a Canada acknowledges that it is necessary to have a separate and parallel military justice system to separate and parallel military justice system to meet the unique needs of the Canadian Forces. The meet the unique needs of the Canadian Forces. The system must be equitable, fair and transparent. system must be equitable, fair and transparent.

INTRODUCTION

Operating Within the DND Operating Within the DND Regulatory FrameworkRegulatory Framework

1. The Minister holds office during pleasure, has the management and direction of the Canadian Forces and of all matters relating to national defence, as well as , as well as for the following: for the following: a)a) the construction and maintenance of the construction and maintenance of

all defence establishments and all defence establishments and works for the defence of Canada, andworks for the defence of Canada, and

b)b) research relating to the defence of research relating to the defence of Canada and to the development of Canada and to the development of and improvements in materiel.and improvements in materiel.

National Defence Act


2.2. The Governor in Council, on the The Governor in Council, on the recommendation of the Minister, may recommendation of the Minister, may designate any other person in addition to designate any other person in addition to the Minister to exercise any power or the Minister to exercise any power or perform any duty or function that is perform any duty or function that is vested in or that may be exercised or vested in or that may be exercised or performed by the Minister under this Act.performed by the Minister under this Act.

3.3. The Governor General may, by commission The Governor General may, by commission under the Great Seal, appoint an under the Great Seal, appoint an Associate Minister of National Defence to Associate Minister of National Defence to exercise such power, duties and functions exercise such power, duties and functions of the Minister as may be assigned to him.of the Minister as may be assigned to him.

4.4. The Governor in Council appoints a Deputy The Governor in Council appoints a Deputy Minister of National Defence to hold office Minister of National Defence to hold office during pleasure. during pleasure.



Translation Bureau

I shortened this paragraph (not the same as in the Defence Act.

5.5. The Governor in Council may The Governor in Council may appoint not more than three appoint not more than three Associate Deputy Ministers of Associate Deputy Ministers of National Defence, each of whom National Defence, each of whom shall have the rank and status of a shall have the rank and status of a deputy head of the Department.deputy head of the Department.

6.6. The Governor in Council may The Governor in Council may appoint an officer who is a appoint an officer who is a barrister or advocate with at least barrister or advocate with at least 10 years standing at the bar of a 10 years standing at the bar of a province to be the Judge Advocate province to be the Judge Advocate General of the Canadian Forces. General of the Canadian Forces.



7.7. The Judge Advocate General holds The Judge Advocate General holds office during pleasure for a term office during pleasure for a term not exceeding four years. The not exceeding four years. The Judge Advocate General is eligible Judge Advocate General is eligible to be re-appointed.to be re-appointed.

8.8. The Judge Advocate General acts The Judge Advocate General acts as a legal adviser to the Governor as a legal adviser to the Governor General, the Minister and the General, the Minister and the Canadian Forces in matters Canadian Forces in matters relating to military law. relating to military law.



Translation Bureau

Slightly shortened

Do you have any

questions?

Question 1

What are the key What are the key positions according positions according to the to the National National Defence ActDefence Act??


Answer #1

a.a. MinisterMinister

b.b. Deputy MinisterDeputy Minister

c.c. Judge AdvocateJudge Advocate


Explaining the Regulatory Explaining the Regulatory FrameworkFramework




INTRODUCTIONINTRODUCTION: : Because Canada has two Because Canada has two official languages, the DND and official languages, the DND and the CF are committed to the CF are committed to ensuring that the CF can ensuring that the CF can function as a fighting force in function as a fighting force in English or French or both English or French or both official languages. official languages.

Official Languages Act

Operating Within the Canadian Operating Within the Canadian Civilian Regulatory FrameworkCivilian Regulatory Framework

1.1. In order to implement the letter and In order to implement the letter and spirit of the spirit of the Official Languages ActOfficial Languages Act, , the DND and the CF are required to the DND and the CF are required to oversee the enforcement of the Act by oversee the enforcement of the Act by all of their components, and they are all of their components, and they are committed to ensuring the following:committed to ensuring the following:a)a) That the use of French and English That the use of French and English

have equal status in the organization;have equal status in the organization;b)b) That members of the public can That members of the public can

communicate with the DND and/or the communicate with the DND and/or the CF and receive the services provided, in CF and receive the services provided, in either official language.either official language.



c)c) That in the bilingual units, the work That in the bilingual units, the work environment is conducive to the environment is conducive to the effective use of both official languages; effective use of both official languages;

d)d) That in the English and French units, the That in the English and French units, the treatment of both official languages is treatment of both official languages is comparable; comparable;

e)e) That Francophones and Anglophones That Francophones and Anglophones have equal employment and career have equal employment and career advancement opportunities in the DND advancement opportunities in the DND and the CF; and the CF;

f)f) That the composition of their staff fairly That the composition of their staff fairly reflects the presence in Canada of the reflects the presence in Canada of the two official language communities; two official language communities;

g)g) The vitality of English and French The vitality of English and French linguistic minority communities.linguistic minority communities.



Translation Bureau

OLA sec. 35(1)(a)

1.1. TheThe Access to Information Act Access to Information Act and and the the Privacy ActPrivacy Act are based on the are based on the principle that the person in charge of principle that the person in charge of each federal institution must ensure, each federal institution must ensure, within the limits of his or her within the limits of his or her jurisdiction, compliance with these jurisdiction, compliance with these Acts and make the necessary Acts and make the necessary decisions. decisions.

2.2. The The Privacy ActPrivacy Act protects individuals' protects individuals' personal information that is held by personal information that is held by federal institutions and gives them federal institutions and gives them the right to have access to personal the right to have access to personal information concerning them.information concerning them.

Privacy Act


3.3. The The Privacy Act Privacy Act is based on the is based on the following general principles: following general principles: a)a) The collection and use of personal The collection and use of personal

information are essential for carrying information are essential for carrying out many federal government out many federal government activities and programs; activities and programs;

b)b) However, individuals are entitled to However, individuals are entitled to reasonably expect that their private reasonably expect that their private life will be protected;life will be protected;

c)c) The manner in which the federal The manner in which the federal government manages personal government manages personal information must instil trust so as to information must instil trust so as to ensure that the public believes in and ensure that the public believes in and supports federal government supports federal government programs.programs.

Privacy Act


4.4. Procedures related to the Procedures related to the Privacy ActPrivacy Acta)a) Stage 1Stage 1

i.i. Determine which federal institution Determine which federal institution is most likely to have your personal is most likely to have your personal information; information;

ii.ii. Decide whether or not you wish to Decide whether or not you wish to obtain information informally or obtain information informally or would prefer to submit an official would prefer to submit an official request;request;

iii.iii. In the case of an official request, In the case of an official request, you only need to contact the you only need to contact the competent institution, whose competent institution, whose address must be in Info Source;address must be in Info Source;

iv.iv. Info Source publications are Info Source publications are available across Canada at the available across Canada at the following Internet address: following Internet address: http://www.infosource.gc.ca/.http://www.infosource.gc.ca/.

Privacy Act


b)b) Stage 2Stage 2i.i. To submit an official request, you To submit an official request, you

must fill out the appropriate form; must fill out the appropriate form; ii.ii. Describe the requested Describe the requested

information and provide all information and provide all relevant information that can help relevant information that can help the institution carry out a search; the institution carry out a search;

iii.iii. If you require assistance, consult If you require assistance, consult Info SourceInfo Source (source of federal (source of federal government information) to find a government information) to find a description of personal description of personal information files held by the information files held by the institution or contact the co-institution or contact the co-ordinator who has access to the ordinator who has access to the institution's information. institution's information.

Privacy Act


c)c) Stage 3Stage 3i.i. Send your request for access to Send your request for access to

personal information to the co-personal information to the co-ordinator of the institution that ordinator of the institution that has the information.has the information.

ii.ii. You will find the address in the You will find the address in the Introduction to Introduction to Info SourceInfo Source. .

Privacy Act


d)d) Stage 4 Stage 4 i.i. When you receive an answer to When you receive an answer to

your request, review the your request, review the information and determine whether information and determine whether or not you wish to submit an or not you wish to submit an additional request under the Act. additional request under the Act.

ii.ii. You also have the right to file a You also have the right to file a complaint with the Access to complaint with the Access to Information Commissioner if you Information Commissioner if you believe that you have been denied believe that you have been denied any of your rights under the Act. any of your rights under the Act.

Privacy Act


1.1. The policy concerning the The policy concerning the Access to Access to Information ActInformation Act was adopted in was adopted in 1983 in order to give the public 1983 in order to give the public access to documents under the access to documents under the control of federal institutions.control of federal institutions.

Access to Information Act


a)a) DND policy statement: The DND is DND policy statement: The DND is committed to committed to i.i. Maintaining open and transparent access Maintaining open and transparent access

to its records;to its records;ii.ii. Responding to requests made under the Responding to requests made under the

ATIA within the prescribed time frames ATIA within the prescribed time frames set out in the ATIA.set out in the ATIA.

b)b) Types of requests: There are two types Types of requests: There are two types of document disclosure requests: of document disclosure requests: i.i. Official requests (DAOD 1001-1) Official requests (DAOD 1001-1)

submitted in writing to the Directorate submitted in writing to the Directorate Access to Information and Privacy Access to Information and Privacy (DAIP), indicating that the request is (DAIP), indicating that the request is made in accordance with the ATIA;made in accordance with the ATIA;

ii.ii. Unofficial requests (DAOD 1001-2) Unofficial requests (DAOD 1001-2) submitted in writing or verbally to the submitted in writing or verbally to the offices of primary interest (OPI) of the offices of primary interest (OPI) of the DND.DND.

Access to Information Act (ATIA)


3.3. Access to Information Act Access to Information Act publications publications a)a) Access to Information Act Access to Information Act

i. The Act is intended to complement the other Canadian laws in force and its purpose is to provide a right of access to information in records under the control of government institutions.This Act is intended to complement and not replace existing procedures for access to government information, and is not intended to limit access to government information that is normally available to the public. .



ii.ii. Information you can access may be Information you can access may be kept in various forms: letters, kept in various forms: letters, memos, books, plans, maps, memos, books, plans, maps, drawings diagrams, graphs, drawings diagrams, graphs, pictograms, photographs, films, pictograms, photographs, films, microfiches, audio recordings, microfiches, audio recordings, videocassettes, machine-readable videocassettes, machine-readable records, etc. records, etc.

iii.iii. Info Source is a series of Info Source is a series of publications containing information publications containing information about the Government of Canada, about the Government of Canada, its organization and the its organization and the information it holds. information it holds.



b)b) Guidelines Guidelines i.i. General principles: The right to access applies General principles: The right to access applies

to all documents which are within the to all documents which are within the jurisdiction of the jurisdiction of the Access to Information ActAccess to Information Act; ;

ii.ii. Documents excluded: the Documents excluded: the Access to Access to Information Act Information Act applies to all documents applies to all documents under federal institutions except for the under federal institutions except for the following categories, which are expressly following categories, which are expressly excluded from the application of this Act: excluded from the application of this Act: a.a. Published material;Published material;b.b. Material available for purchase by the public;Material available for purchase by the public;c.c. Material designed or acquired and held by Material designed or acquired and held by

libraries or museums solely for purposes of libraries or museums solely for purposes of reference or public dissemination; reference or public dissemination;

d.d. Material placed in the National Archives of Material placed in the National Archives of Canada, the National Library of Canada or the Canada, the National Library of Canada or the national museums of Canada by persons or national museums of Canada by persons or organizations other than government organizations other than government institutions;institutions;

e.e. Confidences of the Queen's Privy Council for Confidences of the Queen's Privy Council for Canada.Canada.



NOTENOTE: : The Act cannot give you access to The Act cannot give you access to information that is not under the information that is not under the federal government's control.federal government's control.



Do you have any

questions?

Question #1

What is the What is the objective of the CF's objective of the CF's official languages official languages policy? policy?


Answer #1

Provides for the Provides for the equal status of both equal status of both official languagesofficial languages


Question #2

Name two types of Name two types of requests to obtain requests to obtain personal personal information. information.


Answer #2

Official requests and Official requests and unofficial requestsunofficial requests


Translation Bureau

I will change official and unofficial to formal and informal in Document No. 2 (the text).

Question #3

To which document To which document does the does the Access to Access to Information Act Information Act give you access? give you access?


Answer #3

All documents All documents under the control of federal institutions


Question #4

What documents What documents are exempted from are exempted from the the Access to Access to Information Act Information Act (ATIA)?(ATIA)?

Operating Within the Canadian Operating Within the Canadian civilian Regulatory Frameworkcivilian Regulatory Framework

Answer #4

a.a. Published Published materialmaterial

b.b. Material Material available for available for purchase by the purchase by the publicpublic

c. Documents designed or acquired and held by libraries or museums solely for purposes of reference or public dissemination


Answer 4 (cont’d)

d.d. Material placed in Material placed in the National Archives the National Archives of Canada, the of Canada, the National Library of National Library of Canada or the Canada or the national museums of national museums of Canada by persons Canada by persons or organizations or organizations other than other than government government institutionsinstitutions

e.e. Confidences of the Confidences of the Queen's Privy Council Queen's Privy Council for Canada for Canada


Translation Bureau

Sec 69 ATIA I will change this elsewhere





1.1. The The Personal Information Protection Personal Information Protection and Electronic Documents Act and Electronic Documents Act was was adopted to support and promote adopted to support and promote electronic commerce by protecting electronic commerce by protecting personal information that is personal information that is collected, used or disclosed in certain collected, used or disclosed in certain circumstances, by providing for the circumstances, by providing for the use of electronic means to use of electronic means to communicate or record information or communicate or record information or transactions and by amending the transactions and by amending the Canada Evidence ActCanada Evidence Act, the , the Statutory Statutory Instruments Act Instruments Act and the and the Statute Statute Revision ActRevision Act. .

Personal Information Protection and Electronic Documents Act

Operating Within the CF Operating Within the CF Regulatory FrameworkRegulatory Framework

2.2. The purpose of the Act is to establish, The purpose of the Act is to establish, in an era in which technology in an era in which technology increasingly facilitates the circulation increasingly facilitates the circulation and exchange of information, rules to and exchange of information, rules to govern the collection, use and govern the collection, use and disclosure of personal information in a disclosure of personal information in a manner that recognizes the right of manner that recognizes the right of privacy of individuals with respect to privacy of individuals with respect to their personal information and the their personal information and the need of organizations to collect, use need of organizations to collect, use or disclose personal information for or disclose personal information for purposes that a reasonable person purposes that a reasonable person would consider appropriate in the would consider appropriate in the circumstances.circumstances.

Personal Information Protection and Electronic Documents Act


INTRODUCTION: INTRODUCTION: The The Security of Information Act Security of Information Act replaces the replaces the Official Secrets ActOfficial Secrets Act. All . All members of the CF and the DND are members of the CF and the DND are subject to this Act during and after subject to this Act during and after their period of service or their period of service or employment.employment.

Security of Information Act


1.1. The purpose of the Act is to minimize The purpose of the Act is to minimize the risk of threats to the public and the risk of threats to the public and the sovereignty of Canada by the sovereignty of Canada by restricting resources that could allow restricting resources that could allow a national or foreign entity to commit a national or foreign entity to commit economic sabotage or a terrorist act.economic sabotage or a terrorist act.

2.2. Offences include, but are not limited Offences include, but are not limited to, the following: to, the following: a)a) Unlawful communication of informationUnlawful communication of information

i.i. Communicating of a sketch, plan, model, Communicating of a sketch, plan, model, etc;etc;

ii.ii. Receipt of a secret official code word , Receipt of a secret official code word , sketch, etc;sketch, etc;

iii. Retaining of documents or allowing possession of documents by other persons.



3.3. Unauthorized use of uniforms, Unauthorized use of uniforms, falsification of reports, personation falsification of reports, personation and false documents. Every person and false documents. Every person is guilty of an offence whois guilty of an offence whoa) Falsely represents himself/herself to be

a person who is or has been entitled to use or wear such a uniform;

b)b) Knowingly makes or connives at the Knowingly makes or connives at the making of any false statement or making of any false statement or omission;omission;

c)c) Forges, alters or tampers with any Forges, alters or tampers with any passport or any military, police or passport or any military, police or official pass, permit, certificate, licence official pass, permit, certificate, licence or other document of a similar or other document of a similar character;character;



d)d) Personates or falsely represents Personates or falsely represents himself/herself to be a person himself/herself to be a person holding, or to be in the holding, or to be in the employment of someone holding, employment of someone holding, office under Her Majesty;office under Her Majesty;

e)e) Uses, or has in his/her possession Uses, or has in his/her possession or under his/her control, without or under his/her control, without the authority of the Government the authority of the Government department or the authority department or the authority concerned, any die seal, or stamp concerned, any die seal, or stamp of or belonging to, or used, made of or belonging to, or used, made or provided by any Government or provided by any Government department.department.



4.4. Every person commits an offence who Every person commits an offence who enters a prohibited place at the enters a prohibited place at the direction of, for the benefit of or in direction of, for the benefit of or in association with, a foreign entity or a association with, a foreign entity or a terrorist group. terrorist group.

5.5. Every person commits an offence Every person commits an offence who, in the vicinity of a prohibited who, in the vicinity of a prohibited place, obstructs, knowingly misleads place, obstructs, knowingly misleads or otherwise interferes with or or otherwise interferes with or impedes a peace officer or a member impedes a peace officer or a member of Her Majesty’s forces engaged on of Her Majesty’s forces engaged on guard, sentry, patrol or other similar guard, sentry, patrol or other similar duty in relation to the prohibited duty in relation to the prohibited place. place.



6.6. Every person commits an offence who Every person commits an offence who reveals the identity of a person, group, reveals the identity of a person, group, agency or entity that was, or is intended agency or entity that was, or is intended to be, a confidential source of information to be, a confidential source of information or assistance to the Government of or assistance to the Government of Canada.Canada.

7.7. Every person permanently bound to Every person permanently bound to secrecy commits an offence who, secrecy commits an offence who, intentionally and without authority, intentionally and without authority, communicates or confirms information communicates or confirms information that, if it were true, would be special that, if it were true, would be special operational information.operational information.

8.8. Every person commits an offence who, Every person commits an offence who, without lawful authority, communicates without lawful authority, communicates to a foreign entity or to a terrorist group to a foreign entity or to a terrorist group information that the Government of information that the Government of Canada or of a province is taking Canada or of a province is taking measures to safeguard.measures to safeguard.



Do you have any

questions?

Question #1

Why was the Why was the Personal Personal Information Information Protection and Protection and Electronic Electronic Documents Act Documents Act adopted? adopted?

Operating Within the CF Regulatory Operating Within the CF Regulatory FrameworkFramework

Answer #1

To facilitate and To facilitate and promote electronic promote electronic commerce by commerce by protecting personal protecting personal information that is information that is collected, used or collected, used or disclosed.disclosed.


Question #2

What is the purpose What is the purpose of the Personal of the Personal Information Information Protection and Protection and Electronic Electronic Documents Act?Documents Act?


Answer #2

Establish rules Establish rules governing the governing the collection, use and collection, use and disclosure of disclosure of personal personal information. information.


Question #3

Which act is Which act is replaced by the replaced by the Security of Security of Information Act? Information Act?


Answer #3

Official Secrets ActOfficial Secrets Act


Question #4

What is the purpose What is the purpose of the Security of of the Security of Information Act? Information Act?


Answer #4

The purpose of the The purpose of the Act is to minimize Act is to minimize the risks of threats the risks of threats to the sovereignty to the sovereignty and safety of and safety of Canada and Canada and Canadians.Canadians.


Translation Bureau

I think this is better than what I said in the other text.

Question #5

Can you name Can you name three offences three offences under this Act?under this Act?


Answer #5

a.a. Communicating Communicating of a sketch, plan, of a sketch, plan, model, etc.model, etc.

b.b. Receipt of a Receipt of a secret official secret official code word, a code word, a sketch, etc. sketch, etc.

c.c. Retention of Retention of documents or documents or allowing allowing possession of possession of documents by documents by other persons, other persons, etc. etc.






Do you have any

questions?

Question #1

What are the key positions according to the National What are the key positions according to the National Defence Act?Defence Act? Question # 2

What is the objective of the CF official languages policy?What is the objective of the CF official languages policy? Question # 3

Name two types of requests to obtain personal Name two types of requests to obtain personal information.information. Question # 4

Why was the Personal Information Protection and Electronic Documents Act adopted?


Answer 1

a. Ministerb. Deputy Ministerc. Judge Advocate General

Answer 2

Provides for the equal status of both official Provides for the equal status of both official languages.languages.

Answer 3

Official requests and unofficial requests Answer 4

To facilitate and promote electronic commerce by protecting personal information that is collected, used or disclosed






Course: PRes BMQ

EO: 004.01

RANK/ NAME:

Allotted time :References: Official Languages Act

Privacy Act Access to Information Act Personal Information Protection and Electronic Documents Act Security of Information ActN-5 – National Defence Acthttp://laws-lois.justice.gc.ca/eng/