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

Act current to 2016-06-21 and last amended on 2015-06-01. Previous Versions

Marginal note:Attorney general of province may requisition aid

 Where a riot or disturbance occurs or is considered as likely to occur, the attorney general of the province in which the place where the riot or disturbance occurs or is considered as likely to occur is situated, on the initiative of the attorney general or on the receipt of notification from a judge of a superior, county or district court having jurisdiction in the place that the services of the Canadian Forces are required in aid of the civil power, may, by requisition in writing addressed to the Chief of the Defence Staff, require the Canadian Forces, or such part thereof as the Chief of the Defence Staff or such officer as the Chief of the Defence Staff may designate considers necessary, to be called out on service in aid of the civil power.

  • R.S., c. N-4, s. 235.
Marginal note:Call out of Canadian Forces

 On receiving a requisition in writing made by an attorney general under section 277, the Chief of the Defence Staff, or such officer as the Chief of the Defence Staff may designate, shall, subject to such directions as the Minister considers appropriate in the circumstances and in consultation with that attorney general and the attorney general of any other province that may be affected, call out such part of the Canadian Forces as the Chief of the Defence Staff or that officer considers necessary for the purpose of suppressing or preventing any actual riot or disturbance or any riot or disturbance that is considered as likely to occur.

  • R.S., 1985, c. N-5, s. 278;
  • 2004, c. 15, s. 79.
Marginal note:Form of requisition

 A requisition of an attorney general under this Part may be in the following form, or to the like effect, and the form may, subject to section 280, be varied to suit the facts of the case:

Province of

To Wit

Whereas information has been received by me from responsible persons (or a notification has been received by me from a judge of a (superior) (county) (district) court having jurisdiction in ) that a riot or disturbance of the peace beyond the powers of the civil authorities to suppress (or to prevent or to deal with) and requiring the aid of the Canadian Forces to that end has occurred and is in progress (or is considered as likely to occur) at ;

And whereas it has been made to appear to my satisfaction that the Canadian Forces are required in aid of the civil power;

Now therefore I, , the Attorney General of , under and by virtue of the powers conferred by the National Defence Act, do hereby require you to call out the Canadian Forces or such part thereof as you consider necessary for the purpose of suppressing (or preventing or dealing with) the riot or disturbance.

Dated at , this day of , 19.

Attorney General

  • R.S., 1985, c. N-5, s. 279;
  • R.S., 1985, c. 22 (4th Supp.), s. 75.
Marginal note:What requisition must state
  •  (1) In a requisition made under this Part, it shall be stated that

    • (a) information has been received by the attorney general from responsible persons, or a notification has been received by the attorney general from a judge, that a riot or disturbance beyond the powers of the civil authorities to suppress or to prevent or to deal with, as the case may be, has occurred or is considered as likely to occur and that the Canadian Forces are required in aid of the civil power; and

    • (b) it has been made to appear to the satisfaction of the attorney general that the Canadian Forces are so required.

  • (2) [Repealed, R.S., 1985, c. 22 (4th Supp.), s. 76]

  • Marginal note:Province bound by statements, undertakings and promises in requisition

    (3) Every statement of fact contained in a requisition made under this Part is conclusive and binding on the province on behalf of which the requisition is made, and every undertaking or promise in the requisition is binding on the province and not open to question or dispute by reason of alleged incompetence or lack of authority on the part of the attorney general or for any other reason.

  • Marginal note:Statement not open to dispute

    (4) A statement of fact contained in a requisition made under this Part is not open to dispute by the Chief of the Defence Staff.

  • R.S., 1985, c. N-5, s. 280;
  • R.S., 1985, c. 22 (4th Supp.), s. 76.
Marginal note:Inquiry and report by attorney general

 Where a requisition is made under this Part, the attorney general of the province concerned shall, within seven days after the making of the requisition, cause an inquiry to be made into the circumstances that occasioned the calling out of the Canadian Forces or any part thereof, and the attorney general shall send a report on the circumstances to such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council for the purpose of this section.

  • R.S., 1985, c. N-5, s. 281;
  • 1995, c. 11, s. 44.
Marginal note:When officers and non-commissioned members have powers of constables

 Officers and non-commissioned members when called out for service in aid of the civil power shall, without further authority or appointment and without taking oath of office, be held to have, in addition to their powers and duties as officers and non-commissioned members, all of the powers and duties of constables, so long as they remain so called out, but they shall act only as a military body and are individually liable to obey the orders of their superior officers.

  • R.S., 1985, c. N-5, s. 282;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.
Marginal note:Duration, increase and diminution of aid of civil power

 The Canadian Forces or any part thereof called out in aid of the civil power shall remain on duty, in such strength as the Chief of the Defence Staff or such officer as the Chief of the Defence Staff may designate deems necessary or orders, until notification that the Canadian Forces are no longer required in aid of the civil power is received from the attorney general of the province concerned and, from time to time as in the opinion of the Chief of the Defence Staff the exigencies of the situation require, the Chief of the Defence Staff may increase or diminish the number of officers and non-commissioned members called out.

  • R.S., 1985, c. N-5, s. 283;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.

 [Repealed, R.S., 1985, c. 22 (4th Supp.), s. 77]

Marginal note:Advances

 The moneys required to meet the expenses and costs occasioned by the calling out of the Canadian Forces as provided for in this Part and for the services rendered by them shall be paid out of the Consolidated Revenue Fund by the authority of the Governor in Council.

  • R.S., 1985, c. N-5, s. 285;
  • R.S., 1985, c. 22 (4th Supp.), s. 77.

PART VIIOffences Triable by Civil Courts

Application

Marginal note:Liability to civil trial
  •  (1) Subject to subsection (2), every person, including an officer or non-commissioned member, is liable to be tried in a civil court in respect of any offence prescribed in this Part.

  • Marginal note:Special provision

    (2) No charge against an officer or non-commissioned member in respect of any offence prescribed in this Part shall, if the complainant is any other officer or non-commissioned member, be tried by a civil court unless the consent thereto in writing of the commanding officer of the accused officer or non-commissioned member has first been obtained.

  • R.S., 1985, c. N-5, s. 286;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.
Marginal note:Limitation period

 No prosecution in a civil court shall be commenced against a person in respect of an offence prescribed in this Part, other than any of the offences referred to in section 298, except within six months after the date of commission of the offence charged.

  • R.S., c. N-4, s. 244.

Offences

Marginal note:Breach of regulations respecting defence establishments, works and materiel

 Every person who contravenes regulations respecting the access to, exclusion from, and safety and conduct of any persons in, on or about any defence establishment, work for defence or materiel is guilty of an offence and liable, on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding twelve months or to both.

  • R.S., c. N-4, s. 245.
Marginal note:False answer on enrolment

 Every person who appears before another person for the purpose of being enrolled and knowingly makes a false answer to any question relating to the enrolment put by or by direction of that other person to the person appearing for that purpose is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding three months or to both.

  • R.S., c. N-4, s. 246.
Marginal note:False medical certificate

 Every medical practitioner who signs a false medical certificate or other document in respect of

  • (a) the examination of a person for the purpose of enrolment,

  • (b) the service or release of an officer or non-commissioned member, or

  • (c) the disability or alleged disability of a person, purported to have arisen or to have been contracted during, in the course of, or as a result of the service of that person as an officer or non-commissioned member,

is guilty of an offence and liable, on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding twelve months or to both.

  • R.S., 1985, c. N-5, s. 290;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.
 
Date modified: