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

Act current to 2016-01-25 and last amended on 2015-06-01. Previous Versions

Duties respecting Incarceration

Marginal note:Execution of warrants
  •  (1) Every warden, governor, jailer, commanding officer, commandant or other keeper of a penitentiary, civil prison, service prison or detention barrack shall take cognizance of any warrant of committal purporting to be signed by a committing authority referred to in section 219 or 220, shall receive and detain, according to the exigency of that warrant, the person referred to therein and delivered into the custody of that warden, governor, jailer, commanding officer, commandant or other keeper, as the case may be, and shall confine that person until discharged or delivered over in due course of law.

  • (2) [Repealed, 1991, c. 43, s. 30]

  • R.S., 1985, c. N-5, s. 256;
  • 1991, c. 43, s. 30.


Marginal note:Authorization by Minister
  •  (1) For the purpose of training the Canadian Forces, the Minister may authorize the execution of military exercises or movements, referred to in this section as “manoeuvres”, over and on such parts of Canada and during such periods as are specified.

  • Marginal note:Notice

    (2) Notice of manoeuvres shall, by appropriate publication, be given to the inhabitants of any area concerned.

  • Marginal note:Powers

    (3) Units and other elements of the Canadian Forces may execute manoeuvres on and pass over such areas as are specified under subsection (1), stop or control all traffic thereover whether by water, land or air, draw water from such sources as are available, and do all things reasonably necessary for the execution of the manoeuvres.

  • Marginal note:Interference

    (4) Any person who wilfully obstructs or interferes with manoeuvres authorized under this section and any animal, vehicle, vessel or aircraft under the person’s control may be forcibly removed by any constable or by any officer, or by any non-commissioned member on the order of any officer.

  • Marginal note:Bar of action

    (5) No action lies by reason only of the execution of manoeuvres authorized under this section.

  • R.S., 1985, c. N-5, s. 257;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.

 [Repealed, R.S., 1985, c. 22 (4th Supp.), s. 74]

Marginal note:Compensation

 Any person who suffers loss, damage or injury by reason of the exercise of any of the powers conferred by section 257 shall be compensated from the Consolidated Revenue Fund.

  • R.S., 1985, c. N-5, s. 260;
  • R.S., 1985, c. 22 (4th Supp.), s. 74.

Exemption from Tolls

Marginal note:Duties or tolls on roads, bridges, etc.
  •  (1) No duties or tolls, otherwise payable by law in respect of the use of any pier, wharf, quay, landing-place, highway, road, right-of-way, bridge or canal, shall be paid by or demanded from any unit or other element of the Canadian Forces or any officer or non-commissioned member when on duty or any person under escort or in respect of the movement of any materiel, except that the Minister may authorize payment of duties and tolls in respect of that use.

  • Marginal note:Exception

    (2) Nothing in this section affects the liability for payment of duties or tolls lawfully demandable in respect of any vehicles or vessels other than those belonging to or in the service of Her Majesty.

  • R.S., 1985, c. N-5, s. 261;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.
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