Criminal Code

Marginal note:Offence

• 490.031 (1) Every person who, without reasonable excuse, fails to comply with an order made under section 490.012 of this Act or section 227.01 of the National Defence Act, or with an obligation under section 490.019 of this Act or section 227.06 of the National Defence Act, is guilty of an offence and liable

  • (a) in the case of a first offence, on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both; and

  • (b) in the case of a second or subsequent offence,

    • (i) on conviction on indictment, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years, or to both, or

    • (ii) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.

• 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 if, at the time, the person is subject to the Code of Service Discipline within the meaning of subsection 2(1) of the National Defence Act.