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

Act current to 2014-09-01 and last amended on 2014-08-18. Previous Versions

Marginal note:Refusing immunization, tests, blood examination or treatment

 Every person who, on receiving an order to submit to inoculation, re-inoculation, vaccination, re-vaccination, other immunization procedures, immunity tests, blood examination or treatment against any infectious disease, wilfully and without reasonable excuse disobeys that order 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. 116.
Marginal note:Injurious or destructive handling of dangerous substances

 Every person who wilfully or negligently or by neglect of or contrary to regulations, orders or instructions does any act or omits to do anything, in relation to any thing or substance that may be dangerous to life or property, which act or omission causes or is likely to cause loss of life or bodily injury to any person or damage to or destruction of any property, is guilty of an offence and on conviction, if he acted wilfully, is liable to imprisonment for life or to less punishment and, in any other case, is liable to imprisonment for less than two years or to less punishment.

  • R.S., c. N-4, s. 117.
Marginal note:Conspiracy

 Every person who conspires with any other person, whether or not that other person is subject to the Code of Service Discipline, to commit an offence under the Code of Service Discipline 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. 118.

Conduct to the Prejudice of Good Order and Discipline

Marginal note:Prejudicing good order or discipline
  •  (1) Any act, conduct, disorder or neglect to the prejudice of good order and discipline is an offence and every person convicted thereof is liable to dismissal with disgrace from Her Majesty’s service or to less punishment.

  • Marginal note:Offence and contraventions prejudicial to good order and discipline

    (2) An act or omission constituting an offence under section 72 or a contravention by any person of

    • (a) any of the provisions of this Act,

    • (b) any regulations, orders or instructions published for the general information and guidance of the Canadian Forces or any part thereof, or

    • (c) any general, garrison, unit, station, standing, local or other orders,

    is an act, conduct, disorder or neglect to the prejudice of good order and discipline.

  • Marginal note:Attempts to commit offences

    (3) An attempt to commit any of the offences prescribed in sections 73 to 128 is an act, conduct, disorder or neglect to the prejudice of good order and discipline.

  • Marginal note:Saving provision

    (4) Nothing in subsection (2) or (3) affects the generality of subsection (1).

  • Marginal note:Not intended to cover offences elsewhere provided for

    (5) No person may be charged under this section with any offence for which special provision is made in sections 73 to 128 but the conviction of a person so charged is not invalid by reason only of the charge being in contravention of this subsection unless it appears that an injustice has been done to the person charged by reason of the contravention.

  • Marginal note:Officer’s responsibility not affected

    (6) The responsibility of any officer for the contravention of subsection (5) is not affected by the validity of any conviction on the charge in contravention of that subsection.

  • R.S., c. N-4, s. 119.