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

Act current to 2014-04-02 and last amended on 2013-10-18. Previous Versions

Marginal note:Limitation

 The authority of a service tribunal to impose punishments may be limited in accordance with regulations made by the Governor in Council.

  • R.S., c. N-4, s. 125.

Prohibition Orders

Marginal note:Prohibition order
  •  (1) Where a person is convicted by a court martial of an offence

    • (a) in the commission of which violence against a person was used, threatened or attempted,

    • (b) that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance,

    • (c) relating to the contravention of any of sections 5 to 7 of the Controlled Drugs and Substances Act, or

    • (d) that is punishable under section 130 and that is described in paragraph 109(1)(b) of the Criminal Code,

    the court martial shall, in addition to any other punishment that may be imposed for that offence, consider whether it is desirable, in the interests of the safety of the person or of any other person, to make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, and where the court martial decides that it is so desirable, the court martial shall so order.

  • Marginal note:Duration of prohibition order

    (2) An order made under subsection (1) begins on the day the order is made and ends on the day specified in the order.

  • Marginal note:Application of order

    (3) Unless the order specifies otherwise, an order made under subsection (1) against a person does not apply to prohibit the possession of any thing in the course of the person’s duties or employment as a member of the Canadian Forces.

  • Marginal note:Notification

    (4) A court martial that makes an order under subsection (1) shall without delay cause the Registrar of Firearms appointed under section 82 of the Firearms Act to be notified of the order.

  • 1995, c. 39, s. 176;
  • 1996, c. 19, s. 83.1;
  • 2012, c. 1, s. 50.
Marginal note:Requirement to surrender

 A court martial that makes an order under subsection 147.1(1) may, in the order, require the person against whom the order is made to surrender to an officer or non-commissioned member appointed under the regulations for the purposes of section 156, or to the person’s commanding officer,

  • (a) any thing the possession of which is prohibited by the order that is in the possession of the person on the commencement of the order, and

  • (b) every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by the order that is held by the person on the commencement of the order,

and where the court martial does so, it shall specify in the order a reasonable period for surrendering such things and documents and during which section 117.01 of the Criminal Code does not apply to that person.

  • 1995, c. 39, s. 176.