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

Place of Commission of Offence

Marginal note:Service offence, wherever committed, is triable

 Subject to section 70, every person alleged to have committed a service offence may be charged, dealt with and tried under the Code of Service Discipline, whether the alleged offence was committed in Canada or outside Canada.

  • R.S., c. N-4, s. 57.

Place of Trial

Marginal note:No territorial limitation

 Every person alleged to have committed a service offence may be charged, dealt with and tried under the Code of Service Discipline, either in Canada or outside Canada.

  • R.S., c. N-4, s. 58.

Period of Liability

Marginal note:When person is liable
  •  (1) A person who is subject to the Code of Service Discipline at the time of the alleged commission of a service offence may be charged, dealt with and tried at any time under the Code.

  • Marginal note:Sections 130 and 132

    (2) Despite subsection (1), if the service offence is punishable under section 130 or 132 and the act or omission that constitutes the service offence would have been subject to a limitation period had it been dealt with other than under the Code, then that limitation period applies.

  • R.S., 1985, c. N-5, s. 69;
  • 1990, c. 14, s. 7;
  • 1991, c. 43, s. 12;
  • 1993, c. 34, s. 92;
  • 1998, c. 35, s. 21;
  • 2008, c. 29, s. 2.

Limitations with respect to Certain Offences

Marginal note:Offences not triable by service tribunal

 A service tribunal shall not try any person charged with any of the following offences committed in Canada:

  • (a) murder;

  • (b) manslaughter; or

  • (c) an offence under any of sections 280 to 283 of the Criminal Code.

  • (d) to (f[Repealed, 1998, c. 35, s. 22]

  • R.S., 1985, c. N-5, s. 70;
  • 1998, c. 35, s. 22.

Jurisdiction of Civil Courts

Marginal note:No interference with civil jurisdiction

 Subject to section 66, nothing in the Code of Service Discipline affects the jurisdiction of any civil court to try a person for any offence triable by that court.

  • R.S., 1985, c. N-5, s. 71;
  • R.S., 1985, c. 31 (1st Supp.), s. 46.

Division 2Service Offences and Punishments

Responsibility for Offences

Marginal note:Parties to offences
  •  (1) Every person is a party to and guilty of an offence who

    • (a) actually commits it;

    • (b) does or omits to do anything for the purpose of aiding any person to commit it;

    • (c) abets any person in committing it; or

    • (d) counsels or procures any person to commit it.

  • Marginal note:Attempts

    (2) Every person who, having an intent to commit an offence, does or omits to do anything for the purpose of carrying out the intention is guilty of an attempt to commit the offence, whether or not it was possible under the circumstances to commit the offence.

  • Marginal note:Common intention

    (3) Where two or more persons form an intention in common to carry out an unlawful purpose and to assist each other therein and any one of them, in carrying out the common purpose, commits an offence, each of them who knew or ought to have known that the commission of the offence would be a probable consequence of carrying out the common purpose is a party to and guilty of that offence.

  • R.S., c. N-4, s. 62.