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

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Act current to 2022-07-25 and last amended on 2022-06-20. Previous Versions

PART VIAid of the Civil Power (continued)

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 [Repealed, R.S., 1985, c. 22 (4th Supp.), s. 77]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

Marginal note:Unlawful usage in advertising, trade or service

  •  (1) Every person who uses

    • (a) the words “Canadian Forces” or “Canadian Armed Forces” or the name of any component, unit or other element thereof or any abbreviation thereof or any words or letters likely to be mistaken therefor,

    • (b) any picture or other representation of a member of the Canadian Forces, or

    • (c) any uniform, mark, badge or insignia in use in the Canadian Forces,

    in any advertising or in any trade or service, having been requested in writing by the Minister to cease that usage, is guilty of an offence punishable on summary conviction.

  • Marginal note:Minister’s consent required for prosecution

    (2) No proceedings in respect of an offence under this section shall be instituted without the consent of the Minister.

  • R.S., c. N-4, s. 248

Marginal note:Personation

 Every person who falsely personates any other person in respect of any duty, act or thing required to be performed or done under this Act by that other person 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. 249

Marginal note:False representation of desertion

 Every person who falsely represents himself to any military or civil authority to be a deserter from Her Majesty’s Forces 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. 250

Marginal note:Failure to attend parade

  •  (1) Every officer or non-commissioned member of the reserve force who without lawful excuse neglects or refuses to attend any parade or training at the place and hour appointed therefor is guilty of an offence and liable on summary conviction for each offence, if an officer, to a fine not exceeding fifty dollars and, if a non-commissioned member, to a fine not exceeding twenty-five dollars.

  • Marginal note:Each absence an offence

    (2) Absence from any parade or training referred to in subsection (1) is, in respect of each day on which the absence occurs, a separate offence.

  • R.S., 1985, c. N-5, s. 294
  • R.S., 1985, c. 31 (1st Supp.), s. 60

Marginal note:Neglecting personal equipment

 Every officer or non-commissioned member of the reserve force who fails to keep in proper order any personal equipment or who appears on parade or on any other occasion with the personal equipment of that officer or non-commissioned member out of proper order, unserviceable or deficient in any respect is guilty of an offence and liable on summary conviction to a fine not exceeding forty dollars for each offence.

  • R.S., 1985, c. N-5, s. 295
  • R.S., 1985, c. 31 (1st Supp.), s. 60

Marginal note:Interruption or hindering of training or march

 Every person who without reasonable excuse interrupts or hinders the Canadian Forces while training or while on the march is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars and may be taken into custody and detained by any person by the order of an officer until the training or march is over for the day.

  • R.S., c. N-4, s. 253

Marginal note:Hampering manoeuvres

 Every person who without reasonable excuse obstructs or interferes with manoeuvres authorized under section 257 is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars.

  • R.S., c. N-4, s. 254

Marginal note:Unlawful disposal, removal or possession of property

  •  (1) Every person who

    • (a) unlawfully disposes of or removes any property,

    • (b) when lawfully required, refuses to deliver up any property that is in the possession of that person, or

    • (c) without lawful cause, the proof of which lies on that person, has possession of any property,

    is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars for each offence.

  • Marginal note:Definition of property

    (2) For the purposes of this section, property means any public property under the control of the Minister, non-public property and property of any of Her Majesty’s Forces or of any forces cooperating therewith.

  • R.S., c. N-4, s. 255

Marginal note:Accessories to desertion and absence without leave

  •  (1) Every person who

    • (a) procures, persuades, aids, assists or counsels an officer or non-commissioned member to desert or absent himself without leave, or

    • (b) in an emergency, aids, assists, harbours or conceals an officer or non-commissioned member who is a deserter or an absentee without leave and who does not satisfy the court that he did not know that the officer or non-commissioned member was a deserter or an absentee without leave,

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

  • Marginal note:Certificate of Judge Advocate General

    (2) A certificate that appears to have been signed by the Judge Advocate General, or by any person whom the Judge Advocate General may appoint for that purpose, attesting that an officer or non-commissioned member was convicted or discharged absolutely under this Act of desertion or absence without leave or that the officer or non-commissioned member was or has been continuously absent without leave for six months or more, and setting out the date of commencement and, if applicable, the duration of the desertion, absence without leave or continuous absence without leave, is for the purposes of proceedings under this section evidence of the facts attested to in that certificate.

  • R.S., 1985, c. N-5, s. 299
  • R.S., 1985, c. 31 (1st Supp.), s. 60
  • 2013, c. 24, s. 103

Marginal note:Aid to intending deserters or absentees

 Every person who, knowing that an officer or non-commissioned member is about to desert or absent himself without leave, aids or assists the officer or non-commissioned member in attempting to desert or absent himself without leave is guilty of an offence and liable, on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for any term not exceeding twelve months or to both.

  • R.S., 1985, c. N-5, s. 300
  • R.S., 1985, c. 31 (1st Supp.), s. 60

Marginal note:Miscellaneous offences

 Every person who

  • (a) wilfully obstructs, impedes or otherwise interferes with any other person in the execution of any duty that under this Act or regulations, the other person is required to perform,

  • (b) counsels any other person not to perform any duty that, under this Act or regulations, the other person is required to perform,

  • (c) does an act to the detriment of any other person in consequence of the other person having performed a duty that, under this Act or regulations, the other person is required to perform,

  • (d) interferes with or impedes, directly or indirectly, the recruiting of the Canadian Forces,

  • (e) wilfully produces any disease or infirmity in, maims or injures himself or any other person with a view to enabling himself or the other person to avoid service in the Canadian Forces,

  • (f) with intent to enable any other person to render himself, or to induce the belief that the other person is, permanently or temporarily unfit for service in the Canadian Forces, supplies to or for the other person any drug or preparation calculated or likely to render the other person, or lead to the belief that the other person is, permanently or temporarily unfit for that service, or

  • (g) gives or receives, or is in any way concerned in the giving or receiving, of any valuable consideration in respect of enrolment, release or promotion in the Canadian Forces,

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

  • R.S., c. N-4, s. 258

Marginal note:Offences of contempt

 Every person is guilty of an offence and liable, on summary conviction, to a fine of not more than five hundred dollars or to imprisonment for a term of not more than six months or to both, where the person

  • (a) on being duly summoned as a witness under Part II, III or IV makes default in attending;

  • (b) being in attendance as a witness in any proceeding under Part II, III or IV,

    • (i) refuses to take an oath or make a solemn affirmation legally required of that person,

    • (ii) refuses to produce any document or thing under that person’s control and required to be produced by that person, or

    • (iii) refuses to answer any question that requires an answer;

  • (c) at any proceeding under Part II, III or IV, uses insulting or threatening language or causes any interference or disturbance;

  • (d) prints observations or uses words likely to bring a proceeding under Part II, III or IV into disrepute or likely to influence improperly a board of inquiry, the Grievances Committee, the Military Judges Inquiry Committee, a court martial, a military judge, an officer conducting a summary hearing, a commissioner taking evidence under this Act, the Military Police Complaints Commission, an inquiry committee established under the regulations or a witness at a proceeding under Part II, III or IV; or

  • (e) displays contempt, in any other manner whatever, at any proceeding under Part II, III or IV.

  • R.S., 1985, c. N-5, s. 302
  • 1998, c. 35, s. 90
  • 2013, c. 24, ss. 104, 106(E)
  • 2019, c. 15, s. 44
 
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