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

Act current to 2016-06-21 and last amended on 2015-06-01. Previous Versions

Marginal note:Warrant by commanding officer

 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

 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

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

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

Public Service

Marginal note:Public service
  •  (1) Subject to subsection (2), the Governor in Council or the Minister may authorize the Canadian Forces to perform any duty involving public service.

  • Marginal note:Law enforcement assistance

    (2) The Governor in Council, or the Minister on the request of the Minister of Public Safety and Emergency Preparedness or any other Minister, may issue directions authorizing the Canadian Forces to provide assistance in respect of any law enforcement matter if the Governor in Council or the Minister, as the case may be, considers that

    • (a) the assistance is in the national interest; and

    • (b) the matter cannot be effectively dealt with except with the assistance of the Canadian Forces.

  • Marginal note:Exception

    (3) Subsection (2) does not apply in respect of assistance that is of a minor nature and limited to logistical, technical or administrative support.

  • Marginal note:Restriction

    (4) The authority of the Minister under this section is subject to any directions issued by the Governor in Council.

  • 1998, c. 35, s. 87;
  • 2005, c. 10, s. 34.
 
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