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

Act current to 2013-04-29 and last amended on 2013-02-28. Previous Versions

Marginal note:Offences under law applicable outside Canada

  • 132. (1) An act or omission that takes place outside Canada and would, under the law applicable in the place where the act or omission occurred, be an offence if committed by a person subject to that law is an offence under this Division, and every person who is found guilty thereof is liable to suffer punishment as provided in subsection (2).

  • Marginal note:Punishment for offence under law applicable outside Canada

    (2) Subject to subsection (3), where a service tribunal finds a person guilty of an offence under subsection (1), the service tribunal shall impose the punishment in the scale of punishments that it considers appropriate, having regard to the punishment prescribed by the law applicable in the place where the act or omission occurred and the punishment prescribed for the same or a similar offence in this Act, the Criminal Code or any other Act of Parliament.

  • Marginal note:Application of Code of Service Discipline

    (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 subsection (2).

  • 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 130 and to impose the punishment for that offence described in the section prescribing that offence.

  • Marginal note:Contravention of customs laws

    (5) Where an act or omission constituting an offence under subsection (1) contravenes the customs laws applicable in the place where the offence was committed, any officer appointed under the regulations for the purposes of this section may seize and detain any goods by means of or in relation to which the officer believes on reasonable grounds that the offence was committed and, if any person is convicted of the offence under subsection (1), the goods may, in accordance with regulations made by the Governor in Council, be forfeited to Her Majesty and may be disposed of as provided by those regulations.

  • R.S., 1985, c. N-5, s. 132;
  • 1998, c. 35, ss. 34, 92.

Conviction of Cognate Offence

Marginal note:Person charged with desertion

  • 133. (1) A person charged with desertion may be found guilty of attempting to desert or of being absent without leave.

  • Marginal note:Person charged with attempt to desert

    (2) A person charged with attempting to desert may be found guilty of being absent without leave.

  • R.S., c. N-4, s. 122.
Marginal note:Person charged with violent offence against officer

  • 134. (1) A person charged with any one of the offences prescribed in section 84 may be found guilty of any other offence prescribed in that section.

  • Marginal note:Person charged with insubordinate behaviour

    (2) A person charged with any one of the offences prescribed in section 85 may be found guilty of any other offence prescribed in that section.

  • R.S., c. N-4, s. 122.