National Defence Act (R.S.C., 1985, c. N-5)

Act current to 2017-10-13 and last amended on 2015-06-01. Previous Versions

Offences in relation to Vehicles

Marginal note:Improper driving of vehicles
  •  (1) Every person who

    • (a) drives a vehicle of the Canadian Forces recklessly or in a manner that is dangerous to any person or property having regard to all the circumstances of the case, or, having charge of and being in or on such a vehicle, causes or by wilful neglect permits it to be so driven,

    • (b) while the person’s ability to drive a vehicle of the Canadian Forces is impaired by alcohol or a drug, drives or attempts to drive such a vehicle, whether it is in motion or not, or

    • (c) having charge of a vehicle of the Canadian Forces, knowingly permits it to be driven by a person whose ability to drive such a vehicle is impaired by alcohol or a drug,

    is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding five years or to less punishment.

  • Marginal note:Occupant of driver’s seat deemed attempting to drive

    (2) For the purposes of paragraph (1)(b), a person who occupies the seat ordinarily occupied by a driver of a vehicle shall be deemed to have attempted to drive the vehicle, unless that person establishes that he did not enter or mount the vehicle for the purpose of setting it in motion.

  • R.S., c. N-4, s. 101.
Marginal note:Improper use of vehicles

 Every person who

  • (a) uses a vehicle of the Canadian Forces for an unauthorized purpose,

  • (b) without authority uses a vehicle of the Canadian Forces for any purpose, or

  • (c) uses a vehicle of the Canadian Forces contrary to any regulation, order or instruction,

is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

  • R.S., c. N-4, s. 102.

Offences in relation to Property

Marginal note:Causing fires

 Every person who wilfully or negligently or by neglect of or contrary to regulations, orders or instructions, does any act or omits to do anything, which act or omission causes or is likely to cause fire to occur in any materiel, defence establishment or work for defence is guilty of an offence and on conviction, if the person acted wilfully, is liable to imprisonment for life or to less punishment and, in any other case, is liable to imprisonment for less than two years or to less punishment.

  • R.S., c. N-4, s. 103.
Marginal note:Stealing
  •  (1) Every person who steals is guilty of an offence and on conviction, if by reason of the person’s rank, appointment or employment or as a result of any lawful command the person, at the time of the commission of the offence, was entrusted with the custody, control or distribution of the thing stolen, is liable to imprisonment for a term not exceeding fourteen years or to less punishment and, in any other case, is liable to imprisonment for a term not exceeding seven years or to less punishment.

  • Marginal note:Definition

    (2) For the purposes of this section,

    • (a) stealing is the act of fraudulently and without colour of right taking, or fraudulently and without colour of right converting to the use of any person, any thing capable of being stolen, with intent

      • (i) to deprive, temporarily or absolutely, the owner of it or a person who has a special property or interest in it, of the thing or of that property or interest,

      • (ii) to pledge it or deposit it as security,

      • (iii) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform, or

      • (iv) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time when it was taken and converted;

    • (b) stealing is committed when the offender moves the thing or causes it to move or to be moved, or begins to cause it to become movable, with intent to steal it;

    • (c) the taking or conversion may be fraudulent, although effected without secrecy or attempt at concealment; and

    • (d) it is immaterial whether the thing converted was taken for the purpose of conversion, or whether it was, at the time of the conversion, in the lawful possession of the person who converts it.

  • Marginal note:When movable inanimate things capable of being stolen

    (3) Every inanimate thing that is the property of any person and that either is or may be made movable is capable of being stolen as soon as it becomes movable, although it is made movable in order that it may be stolen.

  • R.S., c. N-4, s. 104.
Marginal note:Receiving

 Every person who receives or retains in his possession any property obtained by the commission of any service offence, knowing the property to have been so obtained, is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding seven years or to less punishment.

  • R.S., c. N-4, s. 105.
Marginal note:Destruction, damage, loss or improper disposal

 Every person who

  • (a) wilfully destroys or damages, loses by neglect, improperly sells or wastefully expends any public property, non-public property or property of any of Her Majesty’s Forces or of any forces cooperating therewith,

  • (b) wilfully destroys, damages or improperly sells any property belonging to another person who is subject to the Code of Service Discipline, or

  • (c) sells, pawns or otherwise disposes of any cross, medal, insignia or other decoration granted by or with the approval of Her Majesty,

is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

  • R.S., c. N-4, s. 106.
Marginal note:Miscellaneous offences

 Every person who

  • (a) connives at the exaction of an exorbitant price for property purchased or rented by a person supplying property or services to the Canadian Forces,

  • (b) improperly demands or accepts compensation, consideration or personal advantage in respect of the performance of any military duty or in respect of any matter relating to the Department or the Canadian Forces,

  • (c) receives directly or indirectly, whether personally or by or through any member of his family or person under his control, or for his benefit, any gift, loan, promise, compensation or consideration, either in money or otherwise, from any person, for assisting or favouring any person in the transaction of any business relating to any of Her Majesty’s Forces, or to any forces cooperating therewith or to any mess, institute or canteen operated for the use and benefit of members of those forces,

  • (d) demands or accepts compensation, consideration or personal advantage for convoying a vessel entrusted to his care,

  • (e) being in command of a vessel or aircraft, takes or receives on board goods or merchandise that he is not authorized to take or receive on board, or

  • (f) commits any act of a fraudulent nature not particularly specified in sections 73 to 128,

is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

  • R.S., 1985, c. N-5, s. 117;
  • 1998, c. 35, s. 31.

Offences in relation to Tribunals

Definition of tribunal

  •  (1) For the purposes of this section and section 119, tribunal includes, in addition to a service tribunal, the Grievances Committee, the Military Judges Inquiry Committee, the Military Police Complaints Commission, a board of inquiry, a commissioner taking evidence under this Act and any inquiry committee established under regulations.

  • Marginal note:Contempt

    (2) Every person who

    • (a) being duly summoned or ordered to attend as a witness before a tribunal, fails to attend or to remain in attendance,

    • (b) refuses to take an oath or make a solemn affirmation lawfully required by a tribunal to be taken or made,

    • (c) refuses to produce any document in the power or control of, and lawfully required by a tribunal to be produced by, that person,

    • (d) refuses when a witness to answer any question to which a tribunal may lawfully require an answer,

    • (e) uses insulting or threatening language before, or causes any interruption or disturbance in the proceedings of, a tribunal, or

    • (f) commits any other contempt of a tribunal

    is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

  • R.S., 1985, c. N-5, s. 118;
  • 1998, c. 35, s. 32;
  • 2013, c. 24, ss. 17, 106(E).
 
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