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

Act current to 2014-10-27 and last amended on 2014-08-18. Previous Versions

Marginal note:Persons accompanying Canadian Forces
  •  (1) For the purposes of this section and sections 60, 62 and 65, but subject to any limitations prescribed by the Governor in Council, a person accompanies a unit or other element of the Canadian Forces that is on service or active service if the person

    • (a) participates with that unit or other element in the carrying out of any of its movements, manoeuvres, duties in aid of the civil power, duties in a disaster or warlike operations;

    • (b) is accommodated or provided with rations at the person’s own expense or otherwise by that unit or other element in any country or at any place designated by the Governor in Council;

    • (c) is a dependant outside Canada of an officer or non-commissioned member serving beyond Canada with that unit or other element; or

    • (d) is embarked on a vessel or aircraft of that unit or other element.

  • Marginal note:How persons accompanying Canadian Forces to be treated

    (2) Subject to subsection (3), every person mentioned in paragraph 60(1)(f) who, while accompanying any unit or other element of the Canadian Forces, is alleged to have committed a service offence, shall be treated as a non-commissioned member.

  • Marginal note:Certificate entitling person to treatment as officer

    (3) A person described in subsection (2) who holds, from the commanding officer of the unit or other element of the Canadian Forces that the person accompanies or from any other officer prescribed by the Minister for that purpose, a certificate entitling the person to be treated on the footing of an officer, revocable at the pleasure of the officer who issued it or of any other officer of equal or higher rank, shall be treated as an officer in respect of any offence alleged to have been committed by the person while holding that certificate.

  • R.S., 1985, c. N-5, s. 61;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.
Marginal note:Command
  •  (1) Every person to whom subsection 61(2) or (3) applies shall, for the purposes of the Code of Service Discipline, be deemed to be under the command of the commanding officer of the unit or other element of the Canadian Forces that the person accompanies.

  • Marginal note:Spies

    (2) Every person described in paragraph 60(1)(h) shall, for the purposes of the Code of Service Discipline, be deemed to be under the command of the commanding officer of the unit or other element of the Canadian Forces that may be holding the person in custody from time to time.

  • Marginal note:Released persons serving sentence

    (3) Every person described in paragraph 60(1)(i) who is alleged to have committed, during the currency of the imprisonment or detention of that person, a service offence shall, for the purposes of the Code of Service Discipline, be deemed to be under the command of the commanding officer of the service prison or detention barrack, as the case may be, in which that person is imprisoned or detained.

  • R.S., c. N-4, s. 55.