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

Marginal note:Stealing

• 114 (1) Every person who steals is guilty of an offence and on conviction, if by reason of the person’s rank, appointment or employment or as a result of any lawful command the person, at the time of the commission of the offence, was entrusted with the custody, control or distribution of the thing stolen, is liable to imprisonment for a term not exceeding fourteen years or to less punishment and, in any other case, is liable to imprisonment for a term not exceeding seven years or to less punishment.

• Marginal note:Definition

  (2) For the purposes of this section,

  • (a) stealing is the act of fraudulently and without colour of right taking, or fraudulently and without colour of right converting to the use of any person, any thing capable of being stolen, with intent

    • (i) to deprive, temporarily or absolutely, the owner of it or a person who has a special property or interest in it, of the thing or of that property or interest,

    • (ii) to pledge it or deposit it as security,

    • (iii) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform, or

    • (iv) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time when it was taken and converted;

  • (b) stealing is committed when the offender moves the thing or causes it to move or to be moved, or begins to cause it to become movable, with intent to steal it;

  • (c) the taking or conversion may be fraudulent, although effected without secrecy or attempt at concealment; and

  • (d) it is immaterial whether the thing converted was taken for the purpose of conversion, or whether it was, at the time of the conversion, in the lawful possession of the person who converts it.

• Marginal note:When movable inanimate things capable of being stolen

  (3) Every inanimate thing that is the property of any person and that either is or may be made movable is capable of being stolen as soon as it becomes movable, although it is made movable in order that it may be stolen.