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                  <text>Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur faeces a finformation

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40

DEPARTMENT OF NATIONAL DEFENCE WAR BOOK

ANNEX 1
DRAFT SUBMISSIONS TO THE GOVERNOR IN COUNCIL
Draft submissions to the Governor in Council follow in
this anhex in the order in which they appear ih the preceding chapters*
Immediately hereunder the priority submissions are given and all
submissions are grouped by State of Military Vigilance or Formal Alert
Stage*
Priority submissions in a GENERAL Alert

Paragraph and
annex reference

The following four measures are to receive
priority for implementation in the event that
it is necessary to go directly into the GENERAL
Alert;
(a) The assumption of control by CINCNORAD, in
consultation with the Department of Transport,
of certain air navigation aids. Covered by
draft submission to Council
"Authority to control air navigation
aids"

3*07

l(A)

(b) The issue by the CNS of instructions for the
control of illumination ih coastal areas and
lighthouses and beacons. Covered by draft
submission to Council
"Control of Illumination ih Coastal
Areas and Lighthouses and Beacons"

3*09(c)

1(B)

(c) The ordering, by the RCN, of merchant ships of
foreign registry to sail forthwith from major
Canadian ports. Covered by draft submission
to Council
"Control of Shipping in Canadian Ports
and Canadian Waters"

7.01(f)

1(E)

(d) The control by CINCNORAD of all commercial
and non-essential military air traffic as
required. Covered by draft submission to
Council
"Control of Civil Aviation in
Defended Areas"

7.02(c)

1(F)

3.09(a)

1(B)

4.04

1(C)

11.03

l(K)

DISCREET State of Military Vigilance
Control of illumination in coastal areas and
lighthouses and beacons.
SIMPLE Alert
Placing the (Royal Canadian Navy) (Canadian
Army) (Royal Canadian Air Force) on active
service.
Empowering the Minister of National Defence to
take control and/or possession of property in
an emergency by warrant.

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PAGE 41

DEPARTMENT OF NATIONAL DEFENCE WAR BOOK
ANNEX 1 Cont»d

Paragraph and
annex reference
REINFORCED Alert
Authority to control air navigation aids

3.07

1(A)

Seizure of enemy ships ahd aircraft*

6*02

1(D)

Control of shipping*

7.01(f)

1(E)

Control of civil aviation in defended areas*

7.02(c)

1(F)

Establishing ah active service force as a
component of the (Royal Canadian Navy),
(Canadian Army) (Royal Canadian Air Force)*

9.02(a)

KG)

Increasing the strength of the (Royal Canadian
Navy) (Canadian Array) (Royal Canadian Air Force)*

9.02(b)

1(H)

Immobilize DND civilian employees.

9.02(c)

KD

Personnel in public and essential services*

9.02(d)

i(J)

Establishing rates of wartime pay and allowances* 13*01(a
13.01(a)

1(L)

13.01(b)

1(M)

Augment annuities of annuitants on active service. 13.01(c
13.01(c)

1(N)

Temporary rank to be substantive rank under
Defence Services Pension Continuation Act*

13.01(d)

1(0)

Administration and distribution of Canadian
Forces* estates*

13.02

1(P)

UNPHASED

Augmentation of pensions payable to pensioners
on active service.

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pACE

k2

DEPARTMENT OF NATIONAL DEFENCE WAR BOOK
ANNEX 1 ( A )

DRAFT SUBMISSION TO THE GOVERNOR IN COUNCIL
AUTHORITY TO CONTROL AIR NAVIGATION AIDS

TO:
HIS EXCELLENCY
THE GOVERNOR GENERAL IN COUNCIL
1.
The undersigned has the honour to report that by reason
of the existing emergency it is necessary or advisable for the
security, defence, peace, order, and welfare of Canada to provide
authority to control air navigation aids*
2.
The undersigned, with the concurrence of the Minister of
Transport, therefore recommends that Your Excellency in Council be
pleased to order that:
(a) authority is granted to the Minister of National Defence or
any person designated by him to control air navigation aids
when and during such period or periods as he may deem it
necessary or advisable;
(b) every person engaged in the operation of air navigation aids
shall obey all orders issued by or on behalf of the Minister
of National Defence in the exercise of the authority granted
under this order;
(c) every person who contravenes or fails to comply with this
order or any order, rule or direction made or given under
this order, is guilty of an offence and is liable on summary
conviction to a fine not exceeding one thousand dollars or
to imprisonment for a term not exceeding twelve months, or
to both fine and imprisonment; and
(d) any peace officer, any member of the Canadian Forces acting
in the course of his duty, or any person authorized by the
Minister of National Defence may
(i) arrest without warrant a person whom he finds
committing, or a person who has committed or who,
xm reasonable and probable grounds, he believes
has committed or is about to commit an offence
against this order, and
(ii) take such other steps and use such force as mayappear to him to be reasonably necessary for
securing compliance with this order.

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bEP AtfTMENT OF NATIONAL DE FENCE WAR BOOK

pA6M3
ANNEX 1(A)
cont'd

3.
There are no financial implications involved in this
submission.
4*
The undersigned has the honour to submit this proposal for
approval Under ahd by virtue of the War Measures Act*
Respectfully submitted,

MINISTER OF NATIONAL DEFENCE

Note*

When it is confirmed that other enabling authority
exists this submission may be deleted*

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PAGE 44

DEPARTMENT OF NATIONAL DEFENCE WAfe BOOK
ANNEX 1 (B)

DRAFT SUBMISSION TO THE GOVERNOR IN COUNCIL
EMPOWERING CNS TO CONTROL ILLUMINATION
IN COASTAL AREAS AND LIGHTHOUSES AND BEACONS

TO:
HIS EXCELLENCY
THE GOVERNOR GENERAL IN COUNCIL
1.
The Undersigned has the honour to report that by reason
of the existing emergency it is necessary or advisable for the
security, defence, peace, order and welfare of Canada, to empower
the Chief of the Naval Staff in co-operation with civil authorities
to control and regulate illumination in coastal areas and the
operation of lighthouses and beacons.
2.
The undersigned, with the concurrence of the Minister of
Transport, therefore recommends that Your Excellency in Council be
pleased to order that:
(a) the Chief of the Naval Staff is authorized to control •
illumination in coastal areas and to control the
illumination of lighthouses and beacons;
(b) every person in
of a lighthouse
or on behalf of
exercise of the

coastal areas or engaged in the operation
or beacon shall obey all orders issued by
the Chief of the Naval Staff in the
authority granted under this order;

(c) every person who contravenes or fails to comply with this
order or any order, rule or direction made or given under
this order, is guilty of an offence and is liable on
summary conviction to a fine not exceeding one thousand
dollars or to imprisonment for a term not exceeding twelve
months, or to both fine and imprisonment; and
(d) any peace officer, any member of the Canadian Forces acting
in the course of his duty, or any person authorized by the
Minister of National Defence may
(i) arrest without warrant a person whom he finds
committing, or a person who has committed or who,
on reasonable and probable grounds, he believes
has committed or is about to commit an offence
against this order, and
(ii) take such other steps and use such force as may
appear to him to be reasonably necessary for securing
compliance with this order.

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DEPARTMENT 6P NATIONAL DEFENCE WAR 600K

PA6e 45
ANNEX 1(B)

cont'd

3*

There are ho financial implications in t h i s submission*

4*
The Undersigned has the honoUr t o submit t h i s proposal for
approval Under and by virtue of the War Measures Act*
Respectfully submitted^

MINISTER OF NATIONAL DEFENCE

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PAGE

46

DEPARTMENT OF NATIONAL DEFENCE WAR DOOK
ANNEX 1(C)

DRAFT SUBMISSION TO THE GOVERNOR IEJ COUNCIL
PLACING THE (ROYAL CANADIAN NAVY)
(CANADIAN ARMY) (ROYAL CANADIAN AIR FORCE)
ON ACTIVE SERVICE

TO:
HIS EXCELLENCY
THE GOVERNOR GENERAL IN COUNCIL
i.
The undersigned has the honour to report that (by reason Of
the existing emergency it is advisable for the defence of Canada) (in
Consequence of action undertaken by Canada under (the United Nations
Charter) (the North Atlantic Treaty) it is advisable) to place on
active service certain Components, sub-components, or units of the
(Royal Canadian Navy) (Canadian Army) (Royal Canadian Air Force)*
2.
The Undersigned, therefore, recommends that Your Excellency
in Council be pleased to order that (specify service and component(s)
or sub-component(s), or Unit(s)) is (are) hereby placed on active
service effective the
day of
19
.
3*
Provision wili be made in estimates for additional funds to
meet the necessary expenditures.
4.
The undersigned has the honour to submit this proposal for
approval under and by virtue of section 32 of the National Defence Act,
Respectfully submitted,

MINISTER OF NATIONAL DEFENCE

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PAGE 47

DEPARTMENT OF NATIONAL DEFENCE WAR BOOK
ANNEX 1(D )

DRAFT SUBMISSION TO THE GOVERNOR IN COUNCIL
SEIZURE OF ENEMY SHIPS AND AIRCRAFT

TO:
HIS EXCELLENCY
THE GOVERNOR GENERAL IN COUNCIL
1*
The undersigned has the honour to report that by reason of the
existing emergency it is necessary or advisable for the security, defence,
peace, order, and welfare of Canada to provide authority to seize and
take possession of enemy ships and aircraft of any description, together
with the Cargo and other equipment on board, and to detain neutral ships
and aircraft*
2.
The Undersigned, with the concurrence of the Minister Of
Transport, therefore recommends that Your Excellency in Council be
pleased to order that authority is granted to the Minister of National
Defence:
(a) to cause to be detained at any port or place In
Canada, or within Canadian waters, all ships,
vessels, boats and aircraft, including those of
hon-Canadian registry; and
(b) to cause to be captured and seized at any port
or place in Canada, or within Canadian waters,
or upon the high seas, without any allowance
for days of grace (or with allowance for days
of grace), all ships, Vessels, boats and aircraft of any description which belong to any
enemy state or a person or corporation resident
in an enemy state, or registered*in ah enemy
state, together with the cargo and other equipment
on board.
3.

There are no financial implications involved in this submission.

4.
The undersigned has the honour to submit this proposal for
approval under and by virtue of the War Measures Act.
Respectfully submitted,

MINISTER OF NATIONAL DEFENCE
Note:

2(a) Relates to all ships.
2(b) Relates to enemy public and
private ships.

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p AC E ^s

DEPARTMENT OF NATIONAL DEFENCE WAR 600K
ANNEX 1 ( E )

DRAFT SUBMISSION TO. THE GOVERNOR IN COUNCIL
CONTROL OF SHIPPING IN CANADIAN PORTS AND CANADIAN WATERS

TO*.
HIS EXCELLENCY
THE GOVERNOR GENERAL IN COUNCIL
1.
The undersigned
Of the existing emergency
security, defence, peace,
authority for the control
waters.

has the honour to report that.by reason
it is necessary or advisable for the
order, and welfare of Canada to provide
of shipping in Canadian ports and Canadian

2.
The undersigned, with the concurrence of the Minister of
Transport, therefore recommends that Your Excellency in Council be
pleased to order that'
(a) authority is granted to the Chief of the Naval
Staff to control, within Canadian ports and
waters, the operation, movement, navigation,
pilotage, anchorage, mooring, berthing and
lighting, of every ship, vessel and boat of
any kind whatsoever, including those not of
Canadian registry, and to admit to, or expel
from, Canadian ports Or waters any ship, vessel
and boat as aforesaid, and to issue such orders
as he may deem necessary for carrying out the
purposes of this order;
(b) every person engaged in the operation of any
ship, vessel or boat within Canadian ports or
waters shali obey all orders issued by or on
behalf of the Chief of the Naval Staff in the
exercise of the authority granted under this
order;
(c) every person who contravenes or falls to comply
with this order or any order, rule or direction
made or given under this order, is guilty of an
offence and is liable on summary conviction to
a fine not exceeding one thousand dollars or to
imprisonment for a term not exceeding twelve
months, or to both fine and imprisonment; and
(d) any peace officer, any member of the Canadian
Forces acting in the course of his duty, or
any person authorized by the Minister of
National Defence may

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*»A6fe 49

DEPARTMENT OF NATIONAL DEFENCE WAR BOOK

ANNEX 1(E)
Cont'd,

(1) arrest without warrarit a person whom he
finds committing, or a person who has
committed, or who, on reasonable and
probable grounds, he believes has committed or is about to commit art offence
against this order, and
(ii) take such other steps and use such force as
may appear to him to be reasonably necessary
for securing compliance with this order.
3*
There are ho financial implications Involved in this
submission*
4.
The undersigned has the honour to submit this proposal
for approval under and by virtue of the War Measures Act*
Respectfully submitted

MINISTER OF NATIONAL DEFENCE

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PAGE 50

DEPARTMENT OF NATIONAL DEFENCE WAR BOOK
ANNEX 1 ( F )

DRAFT SUBMISSION TO THE GOVERNOR IN COUNCIL
CONTROL OF AIR TRAFFIC IN DEFENDED AREAS

TO:
HIS EXCELLENCY
THE GOVERNOR GENERAL IN COUNCIL
1.
The undersigned has the honour to report that by reason
of the existing emergency it is necessary or advisable for the security,
defence, peace, order, and welfare of Canada to provide authority for
the control of aircraft in certain specified areas.
2,
The undersigned, with the concurrence of the Minister of
Transport, therefore recommends that Your Excellency in Council be
pleased to order that:
(a) authority is granted to the Minister of National
Defence or any person designated by him, to
control the flight, including the taking off and
landing, Of all aircraft in areas known as defended
areas and to issue such orders and instructions as
he may deem necessary for carrying out the purposes
of this order;
(b) the areas set out in Schedule A annexed hereto,
together with such other areas as may be so designated from time to time by the Minister of
National Defence or any person designated by him,
are declared to be defended areas for air defence
purposes;
(c) every person engaged in the operation of aircraft
within the defended areas shall obey all orders
issued by or on behalf of the Minister of National
Defence, in the exercise of the authority granted
under this order;
(d) every person who contravenes or fails to comply with
this order or any order, rule or direction made or
given under this order, is guilty of an offence and
is liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a
term not exceeding twelve months, or to both fine
and imprisonment; and
(e) any peace officer, any member of the Canadian Forces
acting in the course of his duty, or any person
authorized by the Minister of National Defence may

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DEPARTMENT OF NATIONAL DEFENCE WAR BOOK

.^
ANNEX 1(F)
Cdht'.d,

(i) arrest without warrant a person whom he finds
Committing, or a person who has committed or
who, on reasonable and probable grouhds, he
believes has committed or is about to commit
an offence against this order, and
(ii) take such other step&amp; and use such force as
may appear to him to be reasonably necessary
for securing compliance with this order*
3*
There are no financial implications involved in this
submission.
4.
The Undersigned has the honour tq submit this proposal for
approval under and by virtue of the War Measures Act ahd the Aeronautics
Act*
Respectfully submitted,

MINISTER OF NATIONAL DEFENCE
Note:

When it is confirmed that ESCAT provides
the enabling authority this submission
may be deleted.

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PkGE 52

DEPARTMENT OF NATIONAL OEFENcE WAR BOOK
ANNEX 1 ( G )

DRAFT SUBMISSION TO THE GOVERNOR IN COUNCIL
ESTABLISHMENT OF ACTIVE SERVICE FORCE

TOt
HIS EXCELLENCY
THE GOVERNOR GENERAL IN COUNCIL
1.
The undersigned has the honour to report that (by reason of the
existing emergency) (in consequence of action undertaken by Canada)
under the (United Nations Charter) (North Atlantic Treaty) it is
considered desirable that an active service force be established and
maintained as a component of the (Royal Canadian Navy) (Canadian Army)
(Royal Canadian Air Force).
2.
The undersigned therefore recommends that, under section 16
of the National Defence Act:
(a) an active service force to be called the (as appropriate)
be established and maintained as a component of the
(Royal Canadian Navy) (Canadian Army) (Royal Canadian
Air Force);
,&lt;

(b) the maximum number of officers and men in the said
active service force(s) shall be
(in the case of the Royal Canadian Navy),
(in the case of the Canadian Army) and
(in the case of the Royal
Canadian Air Force); and
(c) officers and men of the (Royal Canadian Navy) (Canadian
Army) (Royal Canadian Air Force) and the reserve forces
thereof who are on active service may be placed in the
(insert here the appropriate active service force
components) by and under the authority of the (Chief of
the Naval Staff) (Chief of the General Staff) (Chief of
the Air Staff).
3.
Provision will be made in estimates for additional funds
to meet the necessary expenditures.
4.
The undersigned has the honour to submit these proposals
for approval under and by virtue of the National Defence Act.
Respectfully submitted,

MINISTER OF NATIONAL DEFENCE
NOTE:

If the Active Service Force components are to be placed on
active service, they should be specified in Annex 1(C) or a
submission made in the form of Annex l(C).

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DEPARTMENT OF NATIONAL DEFENCE WAR BOOK

pAGfe

53

^ f . T,v . ,llS

ANNEX 1(H)

DRAFT SUBMISSION TO THE GOVERNOR IN COUNCIL
TO INCREASE THE STRENGTH OF THE
(ROYAL CANADIAN NAVY) (CANADIAN ARMY)
{ROYAL CANADIAN AIR FORCE)

TO:
HIS EXCELLENCY
THE GOVERNOR GENERAL IN COUNCIL
1.
The Undersigned has the honour to report that by reason of the
existing emergency it is considered desirable to increase the maximum
numbers of officers and men in the (specify service and component).
2.
The undersighed, therefore, recommends that Your Excellency
in Council be pleased to order that the maximum numbers of officers and
men in the (specify service and component) shall be
. ..
(Note: Here may be inserted any number of components in any or all of
the three services),
3.
Provision will be made in estimates for additional funds to
meet the necessary expenditures.
4.
The undersigned has the honour to submit this proposal for
approval under and by virtue of section 16 of the National Defence Act.
Respectfully submitted,

MINISTER OF NATIONAL DEFENCE

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PkGe 54

DEPARTMENT OF NATIONAL DEFENCE WAR BOOK
ANNEX 1 ( 1 )

DRAFT SUBMISSION TO THE GOVERNOR IN COUNCIL
RETENTION OF ESSENTIAL DEPARTMENT OF NATIONAL DEFENCE EMPLOYEES

TOt
HIS EXCELLENCY
THE GOVERNOR GENERAL IN COUNCIL
1.

The undersigned has the honour to report that:
(a) there are civilian persons, either employed by the
Department of National Defence or serving with the
Canadian Forces, whose specialized knowledge$ skill
or services are essential to national defence; and
(b) in Order to maintain such essential services, in the
present emergency, it is necessary to ensure that such
civilian persons should not terminate their employment.

2.
The undersigned therefore recommends that Your Excellency
in Council be pleased to order that:
(a) In this order the expression 'employee of the Department
of National Defence' includes an employee of any department
of the Government of Canada who is seconded or on loan to
the Department of National Defence, or serving with a
Service of the Canadian Forces, and a contractor or employee
of a contractor serving with a Service of the Canadian
Forces under a contract for services in force and effect
on the date of this order between the Minister of Defence
Production or the Minister of National Defence and the
contractor.
(b) Except with the consent of the Minister of National Defence
or of such authority as he may designate, an employee of
the Department of National Defence shall not terminate his
employment.
(c) Nothing in this order is in derogation of the power of the
Governor in Council to remove or dismiss an employee of the
Department of National Defence.
(d) Notwithstanding that an employee of the Department of National
Defence is a member of a reserve component of the Canadian
Forces and is liable to perform duty with one of the Services,
this order shall apply.
(e) An employee who contravenes or fails to comply with this
order is guilty of an offence and is liable on summary
conviction to a fine not exceeding one thousand dollars or
to imprisonment for a term not exceeding twelve months, or
to both fine and imprisonment;

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DEPARTMENT OP NATIONAL DEFENCE WAR BOOK
ANNEX 1(1)
Cont'd-

D
(f) Any peace officer, any member of the Canadian Forces
acting in the course of his duty, or any person authorized
by the Minister of National Defence, may arrest without
warrant a person whom he finds committing, or a person who
has committed, or who, on reasonable and probable grounds,
he believes has committed or is about to commit an offence
against this order.

c9
O

In any country where the Canadian Forces are serving, this
order applies to art employee who is a Canadian citizen
within the meaning of the Canadian Citizenship Act and to
an employee who commits an offence against the order while
Owing allegiance to Her Majesty.

3*
There are no financial implications involved in this
submission.
4*
The undersigned has the honour to submit this proposal for
approval under and by virtue of the War Measures Act.
Respectfully submitted,

MINISTER OF NATIONAL DEFENCE

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f,Acfe

56

bEPARTMENT OF NATIONAL bEFENCE WAR BdOK
ANNEX i ( J )

DRAFT SUBMISSION TO THE GOVERNOR IN COUNCIL
PERSONNEL IN PUBLIC AND ESSENTIAL SERVICES

NOTE:

At the time of publication of this book&gt; the
following draft submissions Were under
consideration:
(1) exemption from liability to serve of
certain members of the reserve forces;
(2) temporary relief from service of
members of the reserve forces on
fulltime service.

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PA0E 57

DEPARTMENT OF NATIONAL DEFENCE WAR BOOK

ANNEX 1(K)

DRAFT SUBMISSION TO THE GOVERNOR IN COUNCIL
EMPOWERING THE MINISTER OF NATIONAL DEFENCE TO TAKE CONTROL
AND/OR POSSESSION OF PROPERTY IN AN EMERGENCY BY WARRANT

TO:
HIS EXCELLENCY
THE GOVERNOR GENERAL IN COUNCIL
1.
The undersigned has the honour to report that by reason
of the existing emergency it is necessary or advisable for the
Crown to take control of property, including transportation or communication facilities in Canada or operating from Canada.
2.
The undersigned, therefore, recommends that YoUr Excellency
ih Council be pleased to declare it to be expedient that the Minister
of National Defence exercise the power ponferred by section 206 of the
National Defence Act to empower, by warrant under his hand, any person
named in such warrant to take possession of property, including transportation or communication facilities in Canada or operating from Canada,
which he considers necessary for defence purposes, or to assume the
operation or management thereof for the service of Her Majesty in such
manner as the Minister or the person named in the warrant may direct;
and to order that any peace officer, any member of the Canadian Forces
acting in the course of his duty, or any person authorized by the
Minister of National Defence, may arrest without warrant a person
whom he finds committing, or a person who has committed, or who, on
reasonable and probable grounds, he believes has committed or is
about to commit an offence under section 245 of the National Defence
Act.
3.
Provision will be made in estimates for additional funds
to meet the necessary expenditures.
4.
The undersigned has the honour to submit this proposal for
approval under and by virtue of section 206 of the National Defence Act.
Respectfully submitted,

MINISTER OF NATIONAL DEFENCE
Note:

Section 245 NDA prescribes
the offence and penalty for
violations of directions issued
under authority of s. 206 NDA.

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bEPARTMENT OF NATIONAL DEFENCE WAR BOOK

j,AGfe

58

km^

1

^

DRAFT SUBMISSION TO THE GOVERNOR IN COUNCIL
AMENDMENTS TO PAY AND ALLOWANCE REGULATIONS

TOi
HIS EXCELLENCY
THE GOVERNOR GENERAL IN COUNCIL
1.
The undersigned has the honour to report that in view
of the existing situation, it is necessary that certain amendments
be made to regulations respecting the pay and allowances and other
emoluments, whether in mOney or in kind, to be paid or issued to
or in respect of officers and meh of the Canadian Forces.
2.
The undersigned therefore recommends that your Excellency
in Council be pleased to approve the draft amendments to the Queen's
Regulations and Orders for the Royal Canadian Navy, the Canadian Army
and the Royal Canadian Air Force attached to this submission as
Appendices "A", "B", and "C", respectively.
3.
Provision will be made in estimates for additional funds
to meet the necessary expenditures.
4.
The undersigned has the honour to submit this proposal
for approval under and by virtue of the National Defence Act.
Respectfully submitted,

MINISTER OF NATIONAL DEFENCE
NOTE:

Personnel Members Committee have directed the InterService Pay Committee to prepare the required amendments
to regulations and hold them in readiness for presentation
should an, emergency arise. (PMC 6/57 of 28 Feb 57).

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PkGk 59

bEPARTMENT OF NATIONAL DEFENCE WAR BOOk
ANNFJt 1 ( M )

DRAFT SUBMISSION TO THE GOVERNOR IN COUNCIL
AUGMENTATION OF PENSIONS

TOi
HIS EXCELLENCY
THE GOVERNOR GENERAL IN COUNCIL
i.

The Undersigned has the honour to report that:
(a) under the Defence Services Pension Continuation Act provision
is made for the augmentation of a pension unddr the
conditions prescribed by regulations made pursuant to section
44B(1) (a) of that Act;
(b) it is desirable to provide for the augmentation of a pension
in the case of officers and men who have been granted a
pension under that Act and who become members in or serve
with the active service forces, established pursuant to
section 16(5) of the National Defence Act, without the
necessity of an election to augment their pension, and to
make the augmentation regulations applicable to any
continuous period of fulltime service in the active service
forces of 30 days or more.

2.
The undersigned, therefore, recommends that the following
regulation be made:
The regulations in respect of the augmentation of pensions
pursuant to section 44B(l)(a) of the Defence Services Pension
Continuation Act, in effect"from time to time during the
relevant period of augmenting service prescribed in the said
regulations, shall apply to a period of continuous fulltime
service of 30 days or more performed in or with any of the active
service forces established pursuant to section 16(5) of the
National Defence Act, notwithstanding that:
(a) an election to count such augmenting service has not been
made in the manner prescribed in the said regulations; or
(b) any period of such augmenting service is less than the
minimum period prescribed in the said regulations.
3.
Provision will be made in the estimates for additional funds to
meet the necessary expenditures.
4.
The undersigned has the honour to submit these proposals for
approval under and by virtue of the War Measures Act.
Respectfully submitted,

MINISTER OF NATIONAL DEFENCE

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DEPARTMENT OF NATIONAL DEFENCE WAR BOOK
ANNEX 1 (N)

DRAFT SUBMISSION TO THE GOVERNOR IN COUNCIL
AUGMENTING ANNUITIES OF ANNUITANTS ON ACTIVE SERVICE

TO:
HIS EXCELLENCY
THE GOVERNOR GENERAL IN COUNCIL
1.

The Undersigned has the honour.to report that:
(a) uhder the Canadian Forces Superannuation Act provision is
made for the augmentation of an annuity granted Under that
Act or a pension granted under Part V of the Defence
Services Pension Act where a person is enrolled in any of
the naval, army, or air forces of Her Majesty raised by
Canada, other than the regular forces, uport the expiration
of any continuous period of fulltime service therein of
one year;
(b) it is desirable to provide for the augmentation of an
annuity granted under the Canadian Forces Superannuation
Act or a pension granted under Part V of the Defence
Services Pension Act for officers and men who become
members of the active service forces, as prescribed by
Section 16(5) of the National Defence Act, for any
continuous period of fulltime service in or with the
active service forces of 30 days or more*

2.
The Undersigned therefore recommends that the following
regulation be made:
Notwithstanding anything in section 17(4) of the Canadian
Forces Superannuation Act, a person who has become entitled
to an annuity under that Act or a pension under Part V of the
Defence Services Pension Act shall, for the purposes of
section 17(1) of the Canadian Forces Superannuation Act,
upon the expiration of any continuous period of fulltime
service of 30 days or more in or with the active service
forces established pursuant to section 16(5) of the National
Defence Act, be deemed to have become re-enrolled in the
regular forces at the commencement of that period.
3.
Provision will be made in the estimates for additional funds
to meet the necessary expenditures.
4.
The undersigned has the honour to submit these proposals for
approval under and by virtue of the War Measures Act.
Respectfully submitted,

MINISTER OF NATIONAL DEFENCE

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bEPARTMENT OF NATIONAL DEFENCE WAR BOOK
ANNEX i

(0)

DRAFT SUBMISSION TO THE GOVERNOR IN COUNCIL
TEMPORARY RANK TO BE SUBSTANTIVE RANK
UNDER DEFENCE SERVICES PENSION
CONTINUATION ACT

TO:
HIS EXCELLENCY
THE GOVERNOR GENERAL IN COUNCIL
1.

The undersigned has the honour to report that:
(a) Under the Defence Services Pension Continuation Act, a
militiaman or man to whom this Act applies, on attaining
the substantive rank of warrant officer, subordinate
officer or commissioned officer, automatically becomes
a contributor;
(b) under the Defence Services Pension Continuation Act the
Governor in Council may grant a pension to a widow and
a compassionate allowance to each of the children of a
contributor who dies after a period of service in respect
of which a pension might be granted him or who was, at
the time of his death, in receipt of a pension; no
similar provision exists under this Act in the case of a
militiaman or man;
(c) Under the Defence Services Pension Continuation Act "rank"
means substantive rank or appointment, but does not
include brevet, honorary, local or temporary rank, with
certain exceptions which are no ionger pertinent;
(d) in an emergency officers and militiamen or men may be
appointed to temporary rank; and
(e) it is desirable that where a militiaman or man is promoted
to a temporary rank in the active forces as provided by
Section 16(5) of the National Ddfence Act, which rank,
if it were the substantive rank of such militiaman or man
in the forces, would require him to make contributions
under the Defence Services Pension Continuation Act, such
temporary rank be deemed to be his substantive rank in
the forces for purposes of the Act, effective the date of
promotion to such temporary rank.

2.
The undersigned therefore recommends t hat notwithstanding
any other statutes or regulations the following regulation be made:

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pAfefe 62
. .
ANNEX 1(0)
Cont'd

Where an officer or militiaman or man is promoted to
temporary rank in the active service forces as provided
by Section 16(5) of ./the National Defence Act sUch
temporary rank shall be deemed to be his substantive
rank in the forces for purposes of the Defence Services
Pensioh Continuation Act, effective the date of promotion
to sUch temporary rank.

3.

(Financial paragraph).

4.
The undersigned has the honour to submit this proposal
for approval Under and by virtue of the War Measures Act.
Respectfully submitted,

MINISTER OF NATIONAL DEFENCE

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„

DEPARTMENT OF NATIONAL DEFENCE WAR BOOK
ANNEX 1 ( P )

DRAFT SUBMISSION TO THE GOVERNOR IN COUNCIL
ADMINISTRATION AND DISTRIBUTION OF CANADIAN FORCES ESTATES

TO:
HIS EXCELLENCY
THE GOVERNOR GENERAL IN COUNCIL
1.

The undersigned reports that:
(a) The service estates of officers and men who die during
their service in the Canadian forces are collected,
administered and distributed by the Director of Estates
appointed by the Minister of National Defence under the
authority of the National Defence Act and regulations
made thereunder.
(b) The jurisdiction of the Director of Estates under the
said act and regulations is confined to:
(i) service pay and allowances;
(ii) all other emoluments emanating from Her Majesty
that, at the date of death, are due or otherwise
payable;
(iii) personal equipment that the deceased person is,
under regulations, permitted to retain; and
(iv) personal belongings, including cash, found on the
deceased person or in campj quarters or otherwise
in the care or custody of the Canadian Forces.
(c) The collection Of small bank balances and similar civil
assets of the estates of members of the Canadian Forces
who die on active service would ordinarily require an
application to the civil courts for a grant of
representation, which would involve inconvenience and
expense to the beneficiaries and next of kin quite out
of proportion to the amount of the great majority of the
estates concerned. Accordingly in the Second World War
the jurisdiction of the Director of Estates was extended
by Orders in Council P.C. 1065 dated March 19, 1940,
P.C. 7249 dated December 11, 1940, P.C. 4770 dated July 2,
1941, P.C 4738 dated June 10, 1943, P.C. 5930 dated
July 28, 1943, P.C. 6223 dated September 28, 1945 and
P.C. 3617 dated August 27, 1946, to include certain civil
assets of such estates up to certain limited total amounts,

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bEPARTMENT Op NATIONAL DEPENCE WAR BOOK

PACE 64
ANNEX 1 (P)
Cont'd

(d) it is corisidered to be in the public interest that
similar provisions should be made at the present time.
2.
The undersigned therefore recommends that the regulations
attached as art appendix to this submission be approved*
3.

There are no financial implications involved.

4*
The undersigned has the honour to submit this proposal
for approval under and by virtue of the War Measures Act.
Respectfully submitted,

MINISTER OF NATIONAL DEFENCE

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PACE 65

bEPARTMENT OF NATIONAL DEFENCE WAR BOOK
Appendix to
ANNEX 1(P)
REGULATIONS FOR ADMINISTRATION AND DISTRIBUTION OF
CANADIAN FORCES ESTATES
1.
These regulations may be cited as "The Service Estates
Regulations."
2.
In these regulations unless the context otherwise
requires:
(a)

"Minister" means the Minister of National
Defence;

(b) "Director of Estates" meahs the officer of the
Canadian Forces appointed by the Minister of
National Defence under the authority of appropriate regulations to administer the service
estates of deceased members of the Canadian
Forces;
(c)

"member" means any person serving in the Canadian
Forces On active service;

(d)

"service estate" means the service estate as
defined by section 40 of the National Defence Act;

(e) "deceased member" includes any member who has been
officially reported as dead or presumed dead in
accordance with the appropriate service regulations.
3.
Except as otherwise specifically provided herein, these
regulations shall apply in respect of a member notwithstanding
anything to the contrary in the provisions of any act (other than
the War Measures Act), regulation or order relating to the forces
in which such member was serving at the date of death*
4.

(a) Where, prior to the death of a deceased member:
(i) he had money on deposit in a bank, post office
or other financial institution;
(ii) a person was indebted to the deceased member
or held money in trust for him;
(iii) a person had in his custody or control moneys
of the deceased member; or
(iv) the deceased member was entitled to an
undistributed interest in an estate;
the Director of Estates may direct that the amount
to which the deceased was so entitled be paid to
the Receiver General of Canada.
(b) Where an amount referred to in sub-paragraph (a)
of this paragraph is payable outside of Canada it
may be received for transmission to the Receiver
General by such officer or officers of the
Canadian Forces as may be thereunto authorized
in writing by the Director of Estates.

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bEPARTMENT OF NATIONAL DEpENCE WAR BOOK
Appehdix to
ANNEX 1(P)
Cont'd

(c) Where the deceased member Was entitled to ah
amount jointly with another person or persons,
sub-paragraphs (a) and (b) of this paragraph are
applicable thereto if the other person or persons
make a request ih writing that the Director of
Estates distribute that amount with the service
estate of the deceased member.
(d) Where a bank, financial institution or other
person has in his or its custody or control a
Government of Canada security belonging to a
deceased member, the Director of Estates may
receive the security and either sell or present
it for redemption, and CaUse the proceeds to
be paid to the Receiver General of Canada, or,
upon the written request of the person legally
entitled upon distribution of the estate, cause
the security to be registered in such person's
name and delivered to him.
(e) Where a bank, financial institution or other
person has in his or its custody or controi a
Government of Canada security that belonged to
a deceased member and some other person or
persons jointly or in which a deceased member
has a iimited or partial interest only, the
Director of Estates may, if the other person
interested therein requests the Director of
Estates in writing to distribute the security
with the service estate of the deceased member,
receive the security and either sell or present
it for redemption or, at the request in writing
of the person legally entitled upon distribution
of the estate, cause the security to be registered
in such person's name and delivered to him.
(f) Where an amount not exceeding fifteen hundred
dollars is payable under a life insurance policy
to the estate of a deceased member, the Director
of Estates may direct that the amount payable
under the policy be paid to the Receiver General
of Canada.
(g) Where an amoUnt is payable to the legal
representatives of a deceased member under
the provisions of a Dominion Government annuity
contract, the amount so payable may, on the
direction of the Director of Estates, be
transferred to the credit of the Director of
Estates.
(h) This paragraph is not applicable in respect of the
estate of a deceased member where:

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PXGE 67

DEPARTMENT OF NATIONAL DEFENCE WAR BOOK
Appendix to
ANNEX 1(P)
Cont'd

(i) the aggregate of the amounts that would
otherwise be payable under this paragraph
in Canada and the value of the Government
of Canada securities situate in Canada exceed
two thousand dollars; or
(ii) the aggregate of the amounts that would
otherwise be payable under this paragraph
outside of Canada and the value of Government
of Canada securities situate outside of
Canada exceeds five thousand dollars.
(j) All amounts paid to the Receiver General under this
paragraph or credited to the Director Of Estates
shall be distributed with the service estate of
the deceased member.
(k) Where an amount is paid or a Government of
Canada security is delivered pursuant to this
paragraph, a receipt therefor and an acquittance
in respect of the obligation may be given by the
Director of Estates or by any person thereunto
authorized by him and a receipt or acquittance
given under this paragraph shall be deemed to
have the same effect as though given by the
duly authorized legal representatives of the
deceased member.
(1) The Director of Estates may, on behalf of Her
Majesty, agree to indemnify any bank, financial
institution or other person who makes a payment
or delivers a Government of Canada security under
this paragraph against any liability to make the
payment or any part thereof to any other person
or to deliver the security to any other person
or against liability to pay succession duty in
respect of the amount so paid on the Government
of Canada security.
5.
In respect of service estates of deceased members distributable, or partly distributable, in or from the United Kingdom, these
regulations shall apply and the powers, duties and functions thereunder
of the Director of Estates shall be exercised and performed by the
Officer i/c Estates, Overseas, under the direction of the Director of
Estates.
6.
In the exercise of his powers, duties and functions under
these regulations, the Director of Estates shall, to the exclusion
of all authorities and persons, have the same rights and powers in
respect of the estate of a deceased member as if he had taken out
legal representation in respect of the said estate.
7.
Compliance with these regulations with respect to the
administration of the estate of a deceased member shall discharge
the Minister, the Director of Estates or other person complying
therewith, from all liability by reason of any assets in his hands
having been paid, transmitted, remitted or otherwise dealt with in
accordance herewith.

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PAGE 68

DEPARTMENT OF NATIONAL DEFENCE WAR BOOK

ANNEX 2
LOCAL REQUISITIONING AND PROCUREMENT
EMERGENCY AUTHORITY
Emergency authority for local requisitioning of materiel
and services is provided for under DM Requirements Division Circular
Letter 39(A) of 28 May 1959.
GENERAL
This instruction gives effect to an interim arrangement
under the Defence Production Act, between the Department of Defence
Production and the Department of National Defence, under which increased
local requisitioning and purchase authority may be Used by senior
military commanders in the event of an emergency.
DEFINITION
"Emergency" as used in this instruction means war, real or
apprehended.
POLICY
In the event of an emergency requiring, in accordance with
military instructions, that local emergency war plans be implemented,
the policy of the Department of National Defence is to decentralize to
senior commanders sufficient authority to requisition or procure materiel
and services to enable them to maintain their forces and to carry out
their approved war plans, including survival operations.
Normal sources, procedures and authorities for supply will be
continued in use where and so long as it is practicable to do so. The
local purchasing office of the Department of Defence Production is to
be used so long as recourse to that office is not impossible, or
impracticable having regard to the military situation in the locality
concerned.
In the event, during an emergency, that materiel or services
are imperatively required to meet the emergency, and the cost thereof
exceeds the authority herein conveyed to commanders to procure directly
from the trade, and conditions preclude both recourse.by requisition upon
the district office of the Department of Defence Production and communication
with Service Headquarters for further instruction, the requisitioning
authorities established by the National Defence Act (Sections 206 and 207)
may be used.
GENERAL RULES
The emergency authority conveyed in this instruction
(a) is to be used only in an emergency and only when military
instructions require local emergency war plans to be
implemented;
(b) will be used only to acquire materiel and services essential
to the maintenance of a commander*s force and the carrying
out of such projects as are part of approved war plans,
including survival operations; and
(c) requires that funds be made available under Service
arrangements to cover the cost of procurement made under
this authority.

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pAcfe

69

DEPARTMENT OF NATIONAL DEFENCE WAR BOOK
ANNEX 2,Cont*d

DELEGATION OF AUTHORITY

.

Subject to the provisions of this instruction, each Chief
of Staff of the Canadian Forces may, at his discretion, authorize his
respective Flag, General and Air Officers Commanding during an emergency
to approve
(a) requisitions upoh the Department of Defence Production
district offices
(i) for materiel and services up to
(ii) for construction materiel and contracts for
construction and maintenance projects up to

$ 25*000
50,000

(b) local purchase directly from the trade without the intervention
of the Department of Defence Production district office
(i) for materiel and services up to
(ii) for construction materiel and contracts for
construction and maintenance projects up to

5*000
25,000

In respect of local purchases direct from the trade, commanders
are to be instructed specifically that
(a) the authority conveyed in para 7(b)(ii) is to be used
only when recourse by requisition upon the local office
of the Department of Defence Production is impossible,
or impracticable having regard to the military situation
ih the locality concerned, and
(b) to the extent that conditions permit purchases are to be
made from the most economical source available.
LIAISON WITH DISTRICT PURCHASING AGENTS OF DEFENCE PRODUCTION
Commanders to whom these powers are delegated should be
encouraged to arrange liaison with the district purchasing agents of
the Department of Defence Production (who are being separately notified
of these authorities) and to establish working arrangements with them
for procurement in an emergency.

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PAGE 70

DEPARTMENT OF NATIONAL DEFENCE WAR BOOK

ANNEX 3
PREPARATION OF PUNS
Where a plan referred to ih this war book is of direct
concern to more than one Service or this Department ahd another
Government Department, a directorate or committee has been assigned
responsibility for the general coordination and expedition of that
piahi The following list shows this assignment as it applies to the
various plans mentioned in Parts II ahd III.

Plan

Coordinating Authority

Paragraph
Reference

1.

Security/censorship and
control of weather
information

•Joint Security Committee

3.02(b)

2*

Manning of emergency
headquarters

Coordinator, Joint Staff

3.05

3*

Control of electronic
emissions

Joint Telecommunications
Committee

3.06

4,

Control of illumination

RCN/ACNS(P)

3.09

5*

Survival operations plans

ARMY/DSO&amp;P

4.15

6*

Moving of dependants and
JPC
non-essential civilians
from military establishments
abroad

7. Evaucation of DND dependants JPC
and non-essential civilians
from probable war theatres
abroad

5.01 (a)
&amp; (b)

5.01 (b)

8. Evacuation of military
hospitals

Surgeon General

5.02

9*

Reception and custody of
internees and prisoners
of war

ARMY/DMO&amp;P

6.01

10.

Seizure of enemy ships

RCN/ACNS(P)

6.03

11.

Seizure of enemy aircraft

RCAF/CPS/DAFS

6.04

12.

Control of merchant
shipping

RCN/ACNS(P)

7.01

13.

Control of movement of
air traffic

RCAF/COps/DADO

7.02

14.

Meteorological services

JPC. Sub-Committee on
Meteorological Services
for Defence

8.01

15.

Mobilization of manpower

PMC

9.01

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Pkok 71

DEPARTMENT OF NATIONAL bE PENCE WAR BOOK
ANNEX 3 Coht»d

Plan

Coordinating Authority

Paragraph
Reference

Joint training

Ihterservice Committee
on Joint Training

i6*oi

Research ahd Developmeht
program

DRB/D of Plahs

io*ol &amp; 15.01

Acquisition of civilianowned transportation

Trlservice Movements
Committee

U.02

Acquisition of civilianowned communication
facilities

Joint Telecommunications
Committee

11.02 &amp;
11.12

Movement of military
personnel and materiel

Trlservice Movements
Committee

11.06

Procurement of defence
materiels

PSOC

14.02

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PAGE 72

bEPARTMENT OF NATIONAL bEPENCE WAR BOOK

ANNEX A
DISTRIBUTION LIST
DND WAR BOOK

NO* OF COPIES

RECIPIENT
Minister

1

Deputy Minister

1

Chairman, Chiefs of Staff

1

Assistant Deputy Minister (F)

1

Assistant Deputy Minister (R)

1

Assistant Deputy Minister (C&amp;P)

1

Assistant Deputy Minister (A&amp;P)

1

DRB Chairman

2

Judge Advocate General

6

Coordinator, Joint Staff

2

Chief Secretary

1
12

DNPO

8

DMO&amp;P

15

CPlansI
Emergency Measures Organization

3

Dept. of Transport

1

Secretary, JPC Subcommittee on DND War Book

1

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PAGE 73

bEPARTMENT OF NATIONAL b E P E N C E WAR BOOK
•

ANNEX 5

RECORD OF, AMENDMENTS

AMENDMENT NUMBER

DATED

ENTERED BY

DATED ENTERED

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        <element elementId="51">
          <name>Type</name>
          <description>The nature or genre of the resource</description>
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          <name>Format</name>
          <description>The file format, physical medium, or dimensions of the resource</description>
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          <name>Language</name>
          <description>A language of the resource</description>
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          </elementTextContainer>
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