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

Act current to 2014-04-02 and last amended on 2013-10-18. Previous Versions

 [Repealed, 2001, c. 26, s. 311]

Limitation of Civil Liabilities

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).