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

Act current to 2014-03-16 and last amended on 2013-10-18. Previous Versions

Offences Punishable by Ordinary Law

Marginal note:Service trial of civil offences
  •  (1) An act or omission

    • (a) that takes place in Canada and is punishable under Part VII, the Criminal Code or any other Act of Parliament, or

    • (b) that takes place outside Canada and would, if it had taken place in Canada, be punishable under Part VII, the Criminal Code or any other Act of Parliament,

    is an offence under this Division and every person convicted thereof is liable to suffer punishment as provided in subsection (2).

  • Marginal note:Punishment

    (2) Subject to subsection (3), where a service tribunal convicts a person under subsection (1), the service tribunal shall,

    • (a) if the conviction was in respect of an offence

      • (i) committed in Canada under Part VII, the Criminal Code or any other Act of Parliament and for which a minimum punishment is prescribed, or

      • (ii) committed outside Canada under section 235 of the Criminal Code,

      impose a punishment in accordance with the enactment prescribing the minimum punishment for the offence; or

    • (b) in any other case,

      • (i) impose the punishment prescribed for the offence by Part VII, the Criminal Code or that other Act, or

      • (ii) impose dismissal with disgrace from Her Majesty’s service or less punishment.

  • Marginal note:Code of Service Discipline applies

    (3) All provisions of the Code of Service Discipline in respect of a punishment of imprisonment for life, for two years or more or for less than two years, and a fine, apply in respect of punishments imposed under paragraph (2)(a) or subparagraph (2)(b)(i).

  • Marginal note:Saving provision

    (4) Nothing in this section is in derogation of the authority conferred by other sections of the Code of Service Discipline to charge, deal with and try a person alleged to have committed any offence set out in sections 73 to 129 and to impose the punishment for that offence described in the section prescribing that offence.

  • R.S., 1985, c. N-5, s. 130;
  • 1998, c. 35, ss. 33, 92.
Marginal note:Reference to Attorney General

 For the purposes of this Act, a reference in the definition “analyst” or “qualified technician” in subsection 254(1) of the Criminal Code to the “Attorney General” includes the Attorney General of Canada.

  • R.S., 1985, c. N-5, s. 131;
  • R.S., 1985, c. 27 (1st Supp.), s. 187.