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 [Repealed, R.S., 1985, c. 22 (4th Supp.), s. 77]

Marginal note:Advances

 The moneys required to meet the expenses and costs occasioned by the calling out of the Canadian Forces as provided for in this Part and for the services rendered by them shall be paid out of the Consolidated Revenue Fund by the authority of the Governor in Council.

  • R.S., 1985, c. N-5, s. 285;
  • R.S., 1985, c. 22 (4th Supp.), s. 77.

PART VIIOFFENCES TRIABLE BY CIVIL COURTS

Application

Marginal note:Liability to civil trial
  •  (1) Subject to subsection (2), every person, including an officer or non-commissioned member, is liable to be tried in a civil court in respect of any offence prescribed in this Part.

  • Marginal note:Special provision

    (2) No charge against an officer or non-commissioned member in respect of any offence prescribed in this Part shall, if the complainant is any other officer or non-commissioned member, be tried by a civil court unless the consent thereto in writing of the commanding officer of the accused officer or non-commissioned member has first been obtained.

  • R.S., 1985, c. N-5, s. 286;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.
Marginal note:Limitation period

 No prosecution in a civil court shall be commenced against a person in respect of an offence prescribed in this Part, other than any of the offences referred to in section 298, except within six months after the date of commission of the offence charged.

  • R.S., c. N-4, s. 244.

Offences

Marginal note:Breach of regulations respecting defence establishments, works and materiel

 Every person who contravenes regulations respecting the access to, exclusion from, and safety and conduct of any persons in, on or about any defence establishment, work for defence or materiel is guilty of an offence and liable, on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding twelve months or to both.

  • R.S., c. N-4, s. 245.
Marginal note:False answer on enrolment

 Every person who appears before another person for the purpose of being enrolled and knowingly makes a false answer to any question relating to the enrolment put by or by direction of that other person to the person appearing for that purpose is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding three months or to both.

  • R.S., c. N-4, s. 246.
Marginal note:False medical certificate

 Every medical practitioner who signs a false medical certificate or other document in respect of

  • (a) the examination of a person for the purpose of enrolment,

  • (b) the service or release of an officer or non-commissioned member, or

  • (c) the disability or alleged disability of a person, purported to have arisen or to have been contracted during, in the course of, or as a result of the service of that person as an officer or non-commissioned member,

is guilty of an offence and liable, on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding twelve months or to both.

  • R.S., 1985, c. N-5, s. 290;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.