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

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Act current to 2019-06-20 and last amended on 2018-12-18. Previous Versions

PART IIThe Canadian Forces (continued)

Validity of Documents (continued)

Marginal note:Validity of bonds

 Every bond to Her Majesty entered into by any person before a judge, a justice of the peace or an officer of the Canadian Forces, including a military judge, for the purpose of securing the payment of a sum of money or the performance of a duty or act required or authorized by this Act or by regulations is valid and may be enforced accordingly.

  • R.S., 1985, c. N-5, s. 54
  • 1998, c. 35, s. 16

PART IIICode of Service Discipline

DIVISION 1Disciplinary Jurisdiction of the Canadian Forces

Application

 [Repealed, 1998, c. 35, s. 17]

Marginal note:Persons subject to Code of Service Discipline

  •  (1) The following persons are subject to the Code of Service Discipline:

    • (a) an officer or non-commissioned member of the regular force;

    • (b) an officer or non-commissioned member of the special force;

    • (c) an officer or non-commissioned member of the reserve force when the officer or non-commissioned member is

      • (i) undergoing drill or training, whether in uniform or not,

      • (ii) in uniform,

      • (iii) on duty,

      • (iv) [Repealed, 1998, c. 35, s. 19]

      • (v) called out under Part VI in aid of the civil power,

      • (vi) called out on service,

      • (vii) placed on active service,

      • (viii) in or on any vessel, vehicle or aircraft of the Canadian Forces or in or on any defence establishment or work for defence,

      • (ix) serving with any unit or other element of the regular force or the special force, or

      • (x) present, whether in uniform or not, at any drill or training of a unit or other element of the Canadian Forces;

    • (d) subject to such exceptions, adaptations and modifications as the Governor in Council may by regulations prescribe, a person who, pursuant to law or pursuant to an agreement between Canada and the state in whose armed forces the person is serving, is attached or seconded as an officer or non-commissioned member to the Canadian Forces;

    • (e) a person, not otherwise subject to the Code of Service Discipline, who is serving in the position of an officer or non-commissioned member of any force raised and maintained outside Canada by Her Majesty in right of Canada and commanded by an officer of the Canadian Forces;

    • (f) a person, not otherwise subject to the Code of Service Discipline, who accompanies any unit or other element of the Canadian Forces that is on service or active service in any place;

    • (g) subject to such exceptions, adaptations and modifications as the Governor in Council may by regulations prescribe, a person attending an institution established under section 47;

    • (h) an alleged spy for the enemy;

    • (i) a person, not otherwise subject to the Code of Service Discipline, who, in respect of any service offence committed or alleged to have been committed by the person, is in civil custody or in service custody; and

    • (j) a person, not otherwise subject to the Code of Service Discipline, while serving with the Canadian Forces under an engagement with the Minister whereby the person agreed to be subject to that Code.

  • Marginal note:Continuing liability

    (2) Every person subject to the Code of Service Discipline under subsection (1) at the time of the alleged commission by the person of a service offence continues to be liable to be charged, dealt with and tried in respect of that offence under the Code of Service Discipline notwithstanding that the person may have, since the commission of that offence, ceased to be a person described in subsection (1).

  • Marginal note:Retention of status and rank

    (3) Every person who, since allegedly committing a service offence, has ceased to be a person described in subsection (1), shall for the purposes of the Code of Service Discipline be deemed, for the period during which under that Code he is liable to be charged, dealt with and tried, to have the same status and rank that he held immediately before so ceasing to be a person described in subsection (1).

  • R.S., 1985, c. N-5, s. 60
  • R.S., 1985, c. 31 (1st Supp.), s. 60
  • 1998, c. 35, s. 19

Marginal note:Persons accompanying Canadian Forces

  •  (1) For the purposes of this section and sections 60, 62 and 65, but subject to any limitations prescribed by the Governor in Council, a person accompanies a unit or other element of the Canadian Forces that is on service or active service if the person

    • (a) participates with that unit or other element in the carrying out of any of its movements, manoeuvres, duties in aid of the civil power, duties in a disaster or warlike operations;

    • (b) is accommodated or provided with rations at the person’s own expense or otherwise by that unit or other element in any country or at any place designated by the Governor in Council;

    • (c) is a dependant outside Canada of an officer or non-commissioned member serving beyond Canada with that unit or other element; or

    • (d) is embarked on a vessel or aircraft of that unit or other element.

  • Marginal note:How persons accompanying Canadian Forces to be treated

    (2) Subject to subsection (3), every person mentioned in paragraph 60(1)(f) who, while accompanying any unit or other element of the Canadian Forces, is alleged to have committed a service offence, shall be treated as a non-commissioned member.

  • Marginal note:Certificate entitling person to treatment as officer

    (3) A person described in subsection (2) who holds, from the commanding officer of the unit or other element of the Canadian Forces that the person accompanies or from any other officer prescribed by the Minister for that purpose, a certificate entitling the person to be treated on the footing of an officer, revocable at the pleasure of the officer who issued it or of any other officer of equal or higher rank, shall be treated as an officer in respect of any offence alleged to have been committed by the person while holding that certificate.

  • R.S., 1985, c. N-5, s. 61
  • R.S., 1985, c. 31 (1st Supp.), s. 60

Marginal note:Command

  •  (1) Every person to whom subsection 61(2) or (3) applies shall, for the purposes of the Code of Service Discipline, be deemed to be under the command of the commanding officer of the unit or other element of the Canadian Forces that the person accompanies.

  • Marginal note:Spies

    (2) Every person described in paragraph 60(1)(h) shall, for the purposes of the Code of Service Discipline, be deemed to be under the command of the commanding officer of the unit or other element of the Canadian Forces that may be holding the person in custody from time to time.

  • Marginal note:Released persons serving sentence

    (3) Every person described in paragraph 60(1)(i) who is alleged to have committed, during the currency of the imprisonment or detention of that person, a service offence shall, for the purposes of the Code of Service Discipline, be deemed to be under the command of the commanding officer of the service prison or detention barrack, as the case may be, in which that person is imprisoned or detained.

  • R.S., c. N-4, s. 55

Marginal note:Persons under special engagement

  •  (1) Subject to subsection (2), every person mentioned in paragraph 60(1)(j) who, while serving with the Canadian Forces, is alleged to have committed a service offence shall be treated as a non-commissioned member.

  • Marginal note:Agreement entitling person to treatment as officer

    (2) Where the terms of the agreement under which a person described in subsection (1) was engaged entitle the person to be treated as an officer, the person shall be treated as an officer.

  • Marginal note:Command where person under special engagement

    (3) Every person to whom subsection (1) or (2) applies shall, for the purposes of the Code of Service Discipline, be deemed to be under the command of the commanding officer of the unit or other element of the Canadian Forces in which that person is serving.

  • R.S., 1985, c. N-5, s. 63
  • R.S., 1985, c. 31 (1st Supp.), s. 60

 [Repealed, R.S., 1985, c. 31 (1st Supp.), s. 44]

Marginal note:Persons under command of officer deemed their superior officer

  •  (1) Every person subject to the Code of Service Discipline by virtue of paragraph 60(1)(f), (g), (i) or (j) shall, for the purposes of preparation, practice or execution of any plan, arrangement or manoeuvre for the defence or evacuation of any area in the event of attack, be under the command of the commanding officer of the unit or other element of the Canadian Forces that the person is accompanying or with which the person is serving or is in attendance and, for those purposes, the commanding officer shall be deemed to be a superior officer of the person.

  • Marginal note:Prohibited interpretation

    (2) Nothing in subsection (1) shall be construed as requiring any person described therein to bear arms or to participate in any active operations against the enemy.

  • R.S., c. N-4, s. 55
 
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