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

Act current to 2014-09-29 and last amended on 2014-08-18. Previous Versions

Marginal note:Interruption or hindering of training or march

 Every person who without reasonable excuse interrupts or hinders the Canadian Forces while training or while on the march is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars and may be taken into custody and detained by any person by the order of an officer until the training or march is over for the day.

  • R.S., c. N-4, s. 253.
Marginal note:Hampering manoeuvres

 Every person who without reasonable excuse obstructs or interferes with manoeuvres authorized under section 257 is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars.

  • R.S., c. N-4, s. 254.
Marginal note:Unlawful disposal, removal or possession of property
  •  (1) Every person who

    • (a) unlawfully disposes of or removes any property,

    • (b) when lawfully required, refuses to deliver up any property that is in the possession of that person, or

    • (c) without lawful cause, the proof of which lies on that person, has possession of any property,

    is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars for each offence.

  • Definition of “property”

    (2) For the purposes of this section, “property” means any public property under the control of the Minister, non-public property and property of any of Her Majesty’s Forces or of any forces cooperating therewith.

  • R.S., c. N-4, s. 255.
Marginal note:Accessories to desertion and absence without leave
  •  (1) Every person who

    • (a) procures, persuades, aids, assists or counsels an officer or non-commissioned member to desert or absent himself without leave, or

    • (b) in an emergency, aids, assists, harbours or conceals an officer or non-commissioned member who is a deserter or an absentee without leave and who does not satisfy the court that he did not know that the officer or non-commissioned member was a deserter or an absentee without leave,

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

  • Marginal note:Certificate of conviction of deserter or absentee

    (2) A certificate signed by the Judge Advocate General, or such person as the Judge Advocate General may appoint for that purpose, that an officer or non-commissioned member was convicted under this Act of desertion or absence without leave or had been continuously absent without leave for six months or more, and setting out the date of commencement and the duration of the desertion, absence without leave or continuous absence without leave, is for the purposes of proceedings under this section evidence that the officer or non-commissioned member was a deserter or absentee without leave during the period referred to in the certificate.

  • R.S., 1985, c. N-5, s. 299;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.