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

Act current to 2017-07-03 and last amended on 2015-06-01. Previous Versions

Ships in Convoy

Marginal note:Master of merchant ship to obey convoying officer

 Every master or other person in command of a merchant or other vessel under the convoy of any of Her Majesty’s Canadian ships shall obey the directions of the commanding officer of the convoy or the directions of the commanding officer of any of Her Majesty’s Canadian ships in all matters relating to the navigation or security of the convoy and shall take such precautions for avoiding the enemy as may be directed by any such commanding officer and, if the master or other person fails to obey the directions, that commanding officer may compel obedience by force of arms, without being liable for any loss of life or property that may result from the use of that force.

  • R.S., c. N-4, s. 222.

Salvage

Marginal note:Crown may claim for salvage services

 Where salvage services are rendered by or with the aid of a vessel or aircraft belonging to or in the service of Her Majesty and used in the Canadian Forces, Her Majesty may claim salvage for those services and has the same rights and remedies in respect of those services as any other salvor would have had if the vessel or aircraft had belonged to that other salvor.

  • R.S., c. N-4, s. 223.
Marginal note:Consent of Minister to salvage claim
  •  (1) No claim for salvage services by the commander or crew or part of the crew of a vessel or aircraft belonging to or in the service of Her Majesty and used in the Canadian Forces shall be finally adjudicated on unless the consent of the Minister to the prosecution of the claim is proved.

  • Marginal note:Time for giving consent

    (2) For the purpose of this section, the consent of the Minister may be given at any time before final adjudication.

  • Marginal note:Evidence of consent

    (3) Any document purporting to give the consent of the Minister for the purpose of this section is evidence of that consent.

  • Marginal note:Claim dismissed if no consent

    (4) Where a claim for salvage services is prosecuted and the consent of the Minister is not proved, the claim shall be dismissed with costs.

  • R.S., c. N-4, s. 223.
Marginal note:Minister may accept offers of settlement
  •  (1) The Minister may, on the recommendation of the Attorney General of Canada, accept, on behalf of Her Majesty and the commander and crew or part of the crew, offers of settlement made with respect to claims for salvage services rendered by vessels or aircraft belonging to or in the service of Her Majesty and used in the Canadian Forces.

  • Marginal note:Distribution

    (2) The proceeds of any settlement made under subsection (1) shall be distributed in such manner as the Governor in Council may prescribe.

  • R.S., c. N-4, s. 223.

 [Repealed, 2001, c. 26, s. 311]

Limitation or Prescription Periods, Liability and Exemptions

Marginal note:Restriction of execution against officers and non-commissioned members

 No judgment or order given or made against an officer or non-commissioned member by any court in Canada shall be enforced by the levying of execution on any arms, ammunition, equipment, instruments or clothing used by that officer or non-commissioned member for military purposes.

  • R.S., 1985, c. N-5, s. 267;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.
Marginal note:Exemption from jury service

 Every officer and non-commissioned member of the reserve force on active service and every officer and non-commissioned member of the regular force and special force is exempt from serving on a jury.

  • R.S., 1985, c. N-5, s. 268;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.
Marginal note:Limitation period
  •  (1) No action, prosecution or other proceeding lies against any person for an act done in pursuance or execution or intended execution of this Act or any regulations or military or departmental duty or authority, or in respect of any alleged neglect or default in the execution of this Act, regulations or any such duty or authority, unless it is commenced within six months after the act, neglect or default complained of or, in the case of continuance of injury or damage, within six months after the ceasing thereof.

  • Marginal note:Saving provision

    (2) Nothing in subsection (1) is in bar of proceedings against any person under the Code of Service Discipline.

  • R.S., c. N-4, s. 227.
Marginal note:Actions barred

 No action or other proceeding lies against any officer or non-commissioned member in respect of anything done or omitted by the officer or non-commissioned member in the execution of his duty under the Code of Service Discipline, unless the officer or non-commissioned member acted, or omitted to act, maliciously and without reasonable and probable cause.

  • R.S., 1985, c. N-5, s. 270;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.

Compensation

Marginal note:Compensation to certain public service employees
  •  (1) Compensation may, to such extent, in such manner and to such persons as the Governor in Council may by regulation prescribe, be paid in respect of disability or death resulting from injury or disease or aggravation thereof incurred by any person while

    • (a) employed in the federal public administration,

    • (b) employed under the direction of any part of the federal public administration, or

    • (c) engaged, with or without remuneration, in an advisory, supervisory or consultative capacity in or on behalf of the federal public administration,

    and performing any function in relation to the Canadian Forces or any forces cooperating with the Canadian Forces, if the injury or disease or aggravation thereof arose out of or was directly connected with the performance of that function.

  • Marginal note:Restriction

    (2) No compensation shall be paid under subsection (1) in respect of any disability or death for which a pension is paid or payable by virtue of any of the provisions of the Pension Act.

  • R.S., 1985, c. N-5, s. 271;
  • 1998, c. 35, s. 83;
  • 2003, c. 22, s. 224(E).

Dependants

Marginal note:Arrest of dependants

 The dependants, as defined by regulation, of officers and non-commissioned members on service or active service in any place out of Canada who are alleged to have committed an offence under the laws applicable in that place may be arrested by a member of the military police and may be handed over to the appropriate authorities of that place.

  • R.S., 1985, c. N-5, s. 272;
  • R.S., 1985, c. 31 (1st Supp.), s. 60;
  • 2013, c. 24, s. 100.

Jurisdiction of Civil Courts

Marginal note:Offences committed outside Canada

 Where a person subject to the Code of Service Discipline does any act or omits to do anything while outside Canada which, if done or omitted in Canada by that person, would be an offence punishable by a civil court, that offence is within the competence of, and may be tried and punished by, a civil court having jurisdiction in respect of such an offence in the place in Canada where that person is found in the same manner as if the offence had been committed in that place, or by any other court to which jurisdiction has been lawfully transferred.

  • R.S., c. N-4, s. 231.

Inspections

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) authorizing the inspection, in accordance with the custom or practice of the service, of any person or thing in, on or about

    • (i) any defence establishment, work for defence or materiel, or

    • (ii) any quarters under the control of the Canadian Forces or the Department; and

  • (b) respecting the access to, exclusion from and safety and conduct of persons in, on or about any defence establishment, work for defence or materiel, including, without restricting the generality of the foregoing, regulations

    • (i) respecting the inspection of persons and property entering, exiting or on any such place or materiel, and

    • (ii) requiring any person, as a condition of being given access to that place or materiel, to submit, on demand, to a search of the person and the person’s personal or movable property while entering or exiting that place or materiel or any restricted area within that place or materiel.

  • R.S., 1985, c. 31 (1st Supp.), s. 59;
  • 1998, c. 35, s. 84.

Searches

Marginal note:Searches

 Except as provided for by regulations made pursuant to section 273.1, the following, namely,

  • (a) quarters under the control of the Canadian Forces or the Department and occupied for residential purposes by any person subject to the Code of Service Discipline either alone or with that person’s dependants, as well as any locker or storage space located in those quarters and exclusively used by that person or those dependants for personal purposes, and

  • (b) the personal or movable property of any person subject to the Code of Service Discipline located in, on or about any defence establishment, work for defence or materiel,

may be searched only if a warrant for that purpose has been issued or the search is otherwise authorized by law.

  • R.S., 1985, c. 31 (1st Supp.), s. 59;
  • 1998, c. 35, s. 85.
 
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