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

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Act current to 2022-11-16 and last amended on 2022-06-20. Previous Versions

PART IIICode of Service Discipline (continued)

DIVISION 2Service Offences and Punishments (continued)

Offences in relation to Tribunals

Marginal note:Definition of tribunal

  •  (1) For the purposes of this section and section 119, tribunal includes a court martial, a military judge, an officer conducting a summary hearing, the Grievances Committee, the Military Judges Inquiry Committee, the Military Police Complaints Commission, a board of inquiry, a commissioner taking evidence under this Act and any inquiry committee established under regulations.

  • Marginal note:Contempt

    (2) Every person who

    • (a) being duly summoned or ordered to attend as a witness before a tribunal, fails to attend or to remain in attendance,

    • (b) refuses to take an oath or make a solemn affirmation lawfully required by a tribunal to be taken or made,

    • (c) refuses to produce any document in the power or control of, and lawfully required by a tribunal to be produced by, that person,

    • (d) refuses when a witness to answer any question to which a tribunal may lawfully require an answer,

    • (e) uses insulting or threatening language before, or causes any interruption or disturbance in the proceedings of, a tribunal, or

    • (f) commits any other contempt of a tribunal

    is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

  • R.S., 1985, c. N-5, s. 118
  • 1998, c. 35, s. 32
  • 2013, c. 24, ss. 17, 106(E)
  • 2019, c. 15, s. 8

Marginal note:Failure to appear or attend

 Every person who, being duly summoned or ordered to appear before a court martial or a military judge, as an accused, or before an officer conducting a summary hearing, as a person charged with having committed a service infraction, fails, without lawful excuse, the proof of which lies on the person, to appear as summoned or ordered, or to remain in attendance, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

Marginal note:False evidence

 Every person who, when examined on oath or solemn affirmation before a tribunal, knowingly gives false evidence 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., 1985, c. N-5, s. 119
  • 1998, c. 35, s. 32

Offence in Relation to the Sex Offender Information Registration Act

Marginal note:Failure to comply with order or obligation

  •  (1) Every person who, without reasonable excuse, fails to comply with an order made under section 227.01 of this Act or section 490.012 of the Criminal Code or with an obligation under section 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

  • Marginal note:Reasonable excuse

    (2) For greater certainty, a lawful command that prevents a person from complying with an order or obligation is a reasonable excuse.

  • Marginal note:Proof of certain facts by certificate

    (3) In proceedings under subsection (1), a certificate of a person referred to in paragraph 16(2)(b.1) of the Sex Offender Information Registration Act stating that the person named in the certificate failed to report under section 4, 4.1, 4.2 or 4.3 — or provide information under section 5 or notify a person under subsection 6(1) — of that Act is evidence of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.

  • Marginal note:Attendance and cross-examination

    (4) The person named in the certificate may, with the leave of the court martial, require the attendance of the person who signed it for the purpose of cross-examination.

  • Marginal note:Notice of intention to produce

    (5) A certificate is not to be received in evidence unless, before the commencement of the trial, the party who intends to produce it gives the person named in the certificate a copy of it and reasonable notice of their intention to produce it.

  • 2007, c. 5, s. 2
  • 2010, c. 17, s. 45

Offence in Relation to DNA Identification

Marginal note:Failure to comply with order or summons

  •  (1) Every person who, without reasonable excuse, fails to comply with an order made under subsection 196.14(4) or 196.24(4) of this Act or subsection 487.051(4) or 487.055(3.11) of the Criminal Code, or with a summons referred to in subsection 487.055(4) or 487.091(3) of the Criminal Code, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

  • Marginal note:For greater certainty

    (2) For greater certainty, a lawful command that prevents a person from complying with an order or summons is a reasonable excuse.

  • 2007, c. 22, ss. 34, 49

Offences in relation to Billeting

Marginal note:Ill-treatment or non-payment of occupant or person on whom billeted

 Every person who

  • (a) ill-treats, by violence, extortion or making disturbance in billets or otherwise, any occupant of a house in which any person is billeted or of any premises in which accommodation for materiel has been provided, or

  • (b) fails to comply with regulations in respect of payment of the just demands of the person on whom he or any officer or non-commissioned member under his command is or has been billeted or the occupant of premises on which materiel is or has been accommodated,

is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

  • R.S., 1985, c. N-5, s. 120
  • R.S., 1985, c. 31 (1st Supp.), s. 60

Offences in relation to Enrolment

Marginal note:Fraudulent enrolment

 Every person who, having been released from Her Majesty’s Forces by reason of a sentence of a court martial or by reason of misconduct, has afterwards been enrolled in the Canadian Forces without declaring the circumstances of that release is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

Marginal note:False answers or false information

 Every person who knowingly

  • (a) makes a false answer to any question set out in any document required to be completed, or

  • (b) furnishes any false information or false document,

in relation to the enrolment of that person 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. 112

Marginal note:Assisting unlawful enrolment

 Every person who is concerned in the enrolment of any other person and who knows or has reasonable grounds to believe that by being enrolled that other person commits an offence under this Act 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. 113

Miscellaneous Offences

Marginal note:Negligent performance of duties

 Every person who negligently performs a military duty imposed on that person is guilty of an offence and on conviction is liable to dismissal with disgrace from Her Majesty’s service or to less punishment.

  • R.S., c. N-4, s. 114

Marginal note:Offences in relation to documents

 Every person who

  • (a) wilfully or negligently makes a false statement or entry in a document made or signed by that person and required for official purposes or who, being aware of the falsity of a statement or entry in a document so required, orders the making or signing thereof,

  • (b) when signing a document required for official purposes, leaves in blank any material part for which the signature is a voucher, or

  • (c) with intent to injure any person or with intent to deceive, suppresses, defaces, alters or makes away with any document or file kept, made or issued for any military or departmental purpose,

is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding three years or to less punishment.

  • R.S., c. N-4, s. 115

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

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), if a court martial convicts a person under subsection (1), it 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.

Marginal note:Reference to Attorney General

 For the purposes of this Act, the reference in section 320.4 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
  • 2018, c. 21, s. 43

Marginal note:Offences under law applicable outside Canada

  •  (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 court martial finds a person guilty of an offence under subsection (1), the court martial 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.

 
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