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A recent topic has come up regarding the buying and selling of current issue cadpat. Please use this topic to discuss.
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Legalities of Buying and Selling Cadpat
jholl72- Administrator
- Posts : 949
Join date : 2009-11-24
Age : 52
Location : Ontario, Canada
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Jeff
jholl72- Administrator
- Posts : 949
Join date : 2009-11-24
Age : 52
Location : Ontario, Canada
Hill677 wrote:This clause if from the sale of Textiles on GCSurplus Site;
Sale Clauses
840.1 - Scrap Textile: CADPAT
The purchase of textiles originating from the Department of National Defence (DND) should not include CADPAT (Canadian Disruptive Pattern) uniforms and/or accessories, as CADPAT items are prohibited from sales and/or distribution. If by error or inadvertence CADPAT items are included in the sale items, the purchaser must immediately notify Crown Assets Distribution and must immediately return these items to the client department. Any shipping costs incurred by the purchaser will be reimbursed by the issuing Canadian Forces Base. The purchaser's failure to comply with this clause will lead to an immediate cancellation of his or her GCSurplus account and appropriate legal procedures may be commenced without any further notice.
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Regards,
Jeff
Infanteer- Member
- Posts : 820
Join date : 2009-12-11
The question that everyone seems to be confused about is whether or not it is illegal to possess issue Cadpat items. My understanding after discussing this matter with the supervisor of the demilitarization section at 7 Canadian Forces Supply Depot (who consulted with the Military Police on numerous occasions) is that it is not illegal for civilians to possess issue Cadpat items. That being said, the military would have the right to confiscate any Cadpat items found in the possession of a civilian unless that person could show that the items were legally obtained. That determination would be approached on a case by case basis as there have been situations in the past where Cadpat was legally released but as shown above the sale of surplus is now subject to the condition that Cadpat items must be returned if found amongst legally obtained surplus items. So, it is not illegal to possess issue Cadpat items but it is illegal for someone in the military or someone whose job brings them into contact with Cadpat items to release them to the public. Bottom line, while there are some issue Cadpat items that are perfectly acceptable to own they are few and far between.
Of course this is my understanding and that of a few people in the military and public service but is not to be taken as legal advice.
Of course this is my understanding and that of a few people in the military and public service but is not to be taken as legal advice.
pylon1357- Global Moderator
- Posts : 1351
Join date : 2009-11-24
Location : Resting on my laurels in Ottawa
I cannot find what I am looking for, however here are my thoughts on it all.
Under the Defense Production Act it is an offence for a person who is not registered under that Act to knowingly examine, possess or transfer a controlled good. The registration requirements do not apply to a person who occupies a position in the federal public service or a federal Crown Corporation, or is employed by Her Majesty in right of a province, who acts in good faith in the course of their duties and employment.
Therefore I think anyone with it may be violation of this section of the act.
Jeff, check your emails, I sent you a PDF of the DPA amended as of 2005, as far as I know there have been no further updates.
Under the Defense Production Act it is an offence for a person who is not registered under that Act to knowingly examine, possess or transfer a controlled good. The registration requirements do not apply to a person who occupies a position in the federal public service or a federal Crown Corporation, or is employed by Her Majesty in right of a province, who acts in good faith in the course of their duties and employment.
Therefore I think anyone with it may be violation of this section of the act.
Jeff, check your emails, I sent you a PDF of the DPA amended as of 2005, as far as I know there have been no further updates.
Infanteer- Member
- Posts : 820
Join date : 2009-12-11
Although Cadpat uniforms are being safeguarded and destroyed rather than released, this is being done in accordance with the Supply manual and not because they are controlled goods. Of course I no longer have access to the CGCM but someone who does can check and see if Cadpat uniforms are controlled goods but I don't believe they are. Now, that being said, some items made with Cadpat may indeed be controlled goods such as body armor. Again, I can't confirm but hopefully someone who has access can let me know if I'm correct.