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

Act current to 2014-09-29 and last amended on 2014-08-18. Previous Versions

Marginal note:Solemn affirmation instead of oath
  •  (1) A person who is required to take an oath under this Act may, instead of taking an oath, make a solemn affirmation.

  • Marginal note:Effect

    (2) A solemn affirmation has the same force and effect as an oath.

  • Marginal note:Prosecutions under the Criminal Code

    (3) An oath or a solemn affirmation under this Act has, in respect of any prosecution under the Criminal Code, the same force and effect as an oath taken before a civil court.

  • 1998, c. 35, s. 82.

Witness Fees and Allowances

Marginal note:Witness fees and allowances

 A person, other than an officer or non-commissioned member or an officer or employee of the Department, summoned or attending to give evidence before a court martial, the Grievances Committee, the Military Judges Inquiry Committee, the Military Police Complaints Commission, a board of inquiry, a commissioner taking evidence under this Act or any inquiry committee established under the regulations is entitled in the discretion of that body to receive the like fees and allowances for so doing as if summoned to attend before the Federal Court.

  • 1998, c. 35, s. 82;
  • 2013, c. 24, ss. 97, 106(E).

Disposal by Civil Authorities of Deserters and Absentees without Leave

Definition of “justice”

  •  (1) For the purposes of this section and sections 253 and 254, “justice” means a justice as defined in the Criminal Code.

  • Marginal note:Powers of arrest on reasonable grounds

    (2) Any peace officer who on reasonable grounds believes or, if no peace officer is immediately available, any officer or non-commissioned member who believes on reasonable grounds that a person is a deserter or an absentee without leave may apprehend that person and forthwith bring the person before a justice.

  • Marginal note:Issue of warrant

    (3) A justice, if satisfied by evidence on oath that a deserter or an absentee without leave is, or is believed on reasonable grounds to be, within the jurisdiction of that justice, may issue a warrant authorizing the deserter or absentee without leave to be apprehended and brought forthwith before that or any other justice.

  • Marginal note:Justice’s power to examine into case

    (4) Where a person is brought before a justice charged with being a deserter or absentee without leave under this Act, the justice may examine into the case in like manner as if that person were brought before the justice accused of an indictable offence.

  • R.S., 1985, c. N-5, s. 252;
  • R.S., 1985, c. 31 (1st Supp.), s. 58.