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

Act current to 2014-08-05 and last amended on 2014-06-19. Previous Versions

Marginal note:Aid to intending deserters or absentees

 Every person who, knowing that an officer or non-commissioned member is about to desert or absent himself without leave, aids or assists the officer or non-commissioned member in attempting to desert or absent himself without leave is guilty of an offence and liable, on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for any term not exceeding twelve months or to both.

  • R.S., 1985, c. N-5, s. 300;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.
Marginal note:Miscellaneous offences

 Every person who

  • (a) wilfully obstructs, impedes or otherwise interferes with any other person in the execution of any duty that under this Act or regulations, the other person is required to perform,

  • (b) counsels any other person not to perform any duty that, under this Act or regulations, the other person is required to perform,

  • (c) does an act to the detriment of any other person in consequence of the other person having performed a duty that, under this Act or regulations, the other person is required to perform,

  • (d) interferes with or impedes, directly or indirectly, the recruiting of the Canadian Forces,

  • (e) wilfully produces any disease or infirmity in, maims or injures himself or any other person with a view to enabling himself or the other person to avoid service in the Canadian Forces,

  • (f) with intent to enable any other person to render himself, or to induce the belief that the other person is, permanently or temporarily unfit for service in the Canadian Forces, supplies to or for the other person any drug or preparation calculated or likely to render the other person, or lead to the belief that the other person is, permanently or temporarily unfit for that service, or

  • (g) gives or receives, or is in any way concerned in the giving or receiving, of any valuable consideration in respect of enrolment, release or promotion in the Canadian Forces,

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

  • R.S., c. N-4, s. 258.
Marginal note:Offences of contempt

 Every person is guilty of an offence and liable, on summary conviction, to a fine of not more than five hundred dollars or to imprisonment for a term of not more than six months or to both, where the person

  • (a) on being duly summoned as a witness under Part II, III or IV makes default in attending;

  • (b) being in attendance as a witness in any proceeding under Part II, III or IV,

    • (i) refuses to take an oath or make a solemn affirmation legally required of that person,

    • (ii) refuses to produce any document or thing under that person’s control and required to be produced by that person, or

    • (iii) refuses to answer any question that requires an answer;

  • (c) at any proceeding under Part II, III or IV, uses insulting or threatening language or causes any interference or disturbance;

  • (d) prints observations or uses words likely to bring a proceeding under Part II, III or IV into disrepute or likely to influence improp­erly a board of inquiry, the Grievances Committee, the Military Judges Inquiry Committee, a service tribunal, a commissioner taking evidence under this Act, the Military Police Complaints Commission, an inquiry committee established under the regulations or a witness at a proceeding under Part II, III or IV; or

  • (e) displays contempt, in any other manner whatever, at any proceeding under Part II, III or IV.

  • R.S., 1985, c. N-5, s. 302;
  • 1998, c. 35, s. 90;
  • 2013, c. 24, ss. 104, 106(E).