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

Marginal note:Prejudicing good order or discipline

• 129 (1) Any act, conduct, disorder or neglect to the prejudice of good order and discipline is an offence and every person convicted thereof is liable to dismissal with disgrace from Her Majesty’s service or to less punishment.

• Marginal note:Offence and contraventions prejudicial to good order and discipline

  (2) An act or omission constituting an offence under section 72 or a contravention by any person of

  • (a) any of the provisions of this Act,

  • (b) any regulations, orders or instructions published for the general information and guidance of the Canadian Forces or any part thereof, or

  • (c) any general, garrison, unit, station, standing, local or other orders,

  is an act, conduct, disorder or neglect to the prejudice of good order and discipline.

• Marginal note:Attempts to commit offences

  (3) An attempt to commit any of the offences prescribed in sections 73 to 128 is an act, conduct, disorder or neglect to the prejudice of good order and discipline.

• Marginal note:Saving provision

  (4) Nothing in subsection (2) or (3) affects the generality of subsection (1).

• Marginal note:Not intended to cover offences elsewhere provided for

  (5) No person may be charged under this section with any offence for which special provision is made in sections 73 to 128 but the conviction of a person so charged is not invalid by reason only of the charge being in contravention of this subsection unless it appears that an injustice has been done to the person charged by reason of the contravention.

• Marginal note:Officer’s responsibility not affected

  (6) The responsibility of any officer for the contravention of subsection (5) is not affected by the validity of any conviction on the charge in contravention of that subsection.