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

Act current to 2013-05-26 and last amended on 2013-02-28. Previous Versions

Searches

Marginal note:Searches

273.2 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.
Marginal note:Warrant by commanding officer

273.3 Subject to sections 273.4 and 273.5, a commanding officer who is satisfied by information on oath that there is in any quarters, locker, storage space or personal or movable property referred to in section 273.2

  • (a) anything on or in respect of which any offence against this Act has been or is believed on reasonable grounds to have been committed,

  • (b) anything that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence against this Act, or

  • (c) anything that there are reasonable grounds to believe is intended to be used for the purpose of committing any offence against the person for which a person may be arrested without warrant,

may issue a warrant authorizing any officer or non-commissioned member named in the warrant, assisted by such other officers and non-commissioned members as are necessary, or a peace officer, to search the quarters, locker, storage space or personal or movable property for any such thing, and to seize and carry it before that commanding officer.

  • R.S., 1985, c. 31 (1st Supp.), s. 59;
  • 1998, c. 35, s. 86.
Marginal note:Investigating commanding officer

273.4 The commanding officer who carries out or directly supervises the investigation of any matter may issue a warrant pursuant to section 273.3 in relation to that investigation only if that commanding officer believes on reasonable grounds that

  • (a) the conditions for the issuance of the warrant exist; and

  • (b) no other commanding officer is readily available to determine whether the warrant should be issued.

  • R.S., 1985, c. 31 (1st Supp.), s. 59.
Marginal note:Military police

273.5 Section 273.3 does not apply to a commanding officer of a military police unit.

  • R.S., 1985, c. 31 (1st Supp.), s. 59.