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

Marginal note:Offences related to security

75. Every person who

• (a) improperly holds communication with or gives intelligence to the enemy,

• (b) without authority discloses in any manner whatever any information relating to the numbers, position, materiel, movements, preparations for movements, operations or preparations for operations of any of Her Majesty’s Forces or of any forces cooperating therewith,

• (c) without authority discloses in any manner whatever any information relating to a cryptographic system, aid, process, procedure, publication or document of any of Her Majesty’s Forces or of any forces cooperating therewith,

• (d) makes known the parole, watchword, password, countersign or identification signal to any person not entitled to receive it,

• (e) gives a parole, watchword, password, countersign or identification signal different from that which he received,

• (f) without authority alters or interferes with any identification or other signal,

• (g) improperly occasions false alarms,

• (h) when acting as sentry or lookout, leaves his post before he is regularly relieved or sleeps or is drunk,

• (i) forces a safeguard or forces or strikes a sentinel, or

• (j) does or omits to do anything with intent to prejudice the security of any of Her Majesty’s Forces or of any forces cooperating therewith,

is guilty of an offence and on conviction, if the person acted traitorously, shall be sentenced to imprisonment for life, and in any other case, is liable to imprisonment for life or to less punishment.

Marginal note:Offences related to prisoners of war

76. Every person who

• (a) by want of due precaution, or through disobedience of orders or wilful neglect of duty, is made a prisoner of war,

• (b) having been made a prisoner of war, fails to rejoin Her Majesty’s service when able to do so, or

• (c) having been made a prisoner of war, serves with or aids the enemy,

is guilty of an offence and on conviction, if the person acted traitorously, shall be sentenced to imprisonment for life, and in any other case, is liable to imprisonment for life or to less punishment.

Marginal note:Offences related to operations

77. Every person who

• (a) does violence to any person bringing materiel to any of Her Majesty’s Forces or to any forces cooperating therewith,

• (b) irregularly detains any materiel being conveyed to any unit or other element of Her Majesty’s Forces or of any forces cooperating therewith,

• (c) irregularly appropriates to the unit or other element of the Canadian Forces with which the person is serving any materiel being conveyed to any other unit or element of Her Majesty’s Forces or of any forces cooperating therewith,

• (d) without orders from the person’s superior officer, improperly destroys or damages any property,

• (e) breaks into any house or other place in search of plunder,

• (f) commits any offence against the property or person of any inhabitant or resident of a country in which he is serving,

• (g) steals from, or with intent to steal searches, the person of any person killed or wounded, in the course of warlike operations,

• (h) steals any money or property that has been left exposed or unprotected in consequence of warlike operations, or

• (i) takes otherwise than for the public service any money or property abandoned by the enemy,

is guilty of an offence and on conviction, if the person committed the offence on active service, is liable to imprisonment for life or to less punishment and, in any other case, is liable to dismissal with disgrace from Her Majesty’s service or to less punishment.