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

Act current to 2014-07-22 and last amended on 2014-06-19. Previous Versions

Marginal note:Receiving

 Every person who receives or retains in his possession any property obtained by the commission of any service offence, knowing the property to have been so obtained, is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding seven years or to less punishment.

  • R.S., c. N-4, s. 105.
Marginal note:Destruction, damage, loss or improper disposal

 Every person who

  • (a) wilfully destroys or damages, loses by neglect, improperly sells or wastefully expends any public property, non-public property or property of any of Her Majesty’s Forces or of any forces cooperating therewith,

  • (b) wilfully destroys, damages or improperly sells any property belonging to another person who is subject to the Code of Service Discipline, or

  • (c) sells, pawns or otherwise disposes of any cross, medal, insignia or other decoration granted by or with the approval of Her Majesty,

is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

  • R.S., c. N-4, s. 106.
Marginal note:Miscellaneous offences

 Every person who

  • (a) connives at the exaction of an exorbitant price for property purchased or rented by a person supplying property or services to the Canadian Forces,

  • (b) improperly demands or accepts compensation, consideration or personal advantage in respect of the performance of any military duty or in respect of any matter relating to the Department or the Canadian Forces,

  • (c) receives directly or indirectly, whether personally or by or through any member of his family or person under his control, or for his benefit, any gift, loan, promise, compensation or consideration, either in money or otherwise, from any person, for assisting or favouring any person in the transaction of any business relating to any of Her Majesty’s Forces, or to any forces cooperating therewith or to any mess, institute or canteen operated for the use and benefit of members of those forces,

  • (d) demands or accepts compensation, consideration or personal advantage for convoying a vessel entrusted to his care,

  • (e) being in command of a vessel or aircraft, takes or receives on board goods or merchandise that he is not authorized to take or receive on board, or

  • (f) commits any act of a fraudulent nature not particularly specified in sections 73 to 128,

is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

  • R.S., 1985, c. N-5, s. 117;
  • 1998, c. 35, s. 31.

Offences in relation to Tribunals

Definition of “tribunal”

  •  (1) For the purposes of this section and section 119, “tribunal” includes, in addition to a service tribunal, the Grievances Committee, the Military Judges Inquiry Committee, the Military Police Complaints Commission, a board of inquiry, a commissioner taking evidence under this Act and any inquiry committee established under regulations.

  • Marginal note:Contempt

    (2) Every person who

    • (a) being duly summoned or ordered to attend as a witness before a tribunal, fails to attend or to remain in attendance,

    • (b) refuses to take an oath or make a solemn affirmation lawfully required by a tribunal to be taken or made,

    • (c) refuses to produce any document in the power or control of, and lawfully required by a tribunal to be produced by, that person,

    • (d) refuses when a witness to answer any question to which a tribunal may lawfully require an answer,

    • (e) uses insulting or threatening language before, or causes any interruption or disturbance in the proceedings of, a tribunal, or

    • (f) commits any other contempt of a tribunal

    is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

  • R.S., 1985, c. N-5, s. 118;
  • 1998, c. 35, s. 32;
  • 2013, c. 24, ss. 17, 106(E).