Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Full Document:  

Act current to 2019-07-01 and last amended on 2019-06-21. Previous Versions

PART IIICode of Service Discipline (continued)

DIVISION 2Service Offences and Punishments (continued)

Offences in relation to Service Arrest and Custody (continued)

Marginal note:Escape from custody

 Every person who, being in arrest or confinement or in prison or otherwise in lawful custody, escapes or attempts to escape 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. 91

Marginal note:Failure to comply with conditions

 Every person who, without lawful excuse, fails to comply with a condition imposed under this Division or Division 3 or 8, or a condition of an undertaking given under Division 3 or 10, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

  • 1998, c. 35, s. 29
  • 2013, c. 24, s. 16

Marginal note:Hindering arrest or confinement or withholding assistance when called on

 Every person who

  • (a) resists or wilfully obstructs an officer or non-commissioned member in the performance of any duty pertaining to the arrest, custody or confinement of a person subject to the Code of Service Discipline, or

  • (b) when called on, refuses or neglects to assist an officer or non-commissioned member in the performance of any such duty

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. 102
  • R.S., 1985, c. 31 (1st Supp.), s. 60

Marginal note:Withholding delivery over or assistance to civil power

 Every person who neglects or refuses to deliver over an officer or non-commissioned member to the civil power, pursuant to a warrant in that behalf, or to assist in the lawful apprehension of an officer or non-commissioned member accused of an offence punishable by a civil court 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. 103
  • R.S., 1985, c. 31 (1st Supp.), s. 60

Offences in relation to Vessels

Marginal note:Losing, stranding or hazarding vessels

 Every person who wilfully or negligently or through other default loses, strands or hazards, or suffers to be lost, stranded or hazarded, any of Her Majesty’s Canadian ships or other vessels of the Canadian Forces 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. 94

 [Repealed, 1998, c. 35, s. 30]

Marginal note:Disobedience of captain’s orders

  •  (1) Every person who, when in a ship, disobeys any lawful command given by the captain of the ship in relation to the navigation or handling of the ship or affecting the safety of the ship, whether or not the captain is subject to the Code of Service Discipline, is guilty of an offence and on conviction is liable to imprisonment for life or to less punishment.

  • Marginal note:Command in ship

    (2) For the purposes of this section, every person of whatever rank shall, when the person is in a ship, be under the command, in respect of all matters relating to the navigation or handling of the ship or affecting the safety of the ship, of the captain of the ship, whether or not the captain is subject to the Code of Service Discipline.

  • R.S., c. N-4, s. 96

Offences in relation to Aircraft

Marginal note:Wrongful acts in relation to aircraft or aircraft material

 Every person who

  • (a) in the use of or in relation to any aircraft or aircraft material, wilfully or negligently or by neglect of or contrary to regulations, orders or instructions, does any act or omits to do anything, which act or omission causes or is likely to cause loss of life or bodily injury to any person,

  • (b) wilfully or negligently or by neglect of or contrary to regulations, orders or instructions, does any act or omits to do anything, which act or omission results or is likely to result in damage to or destruction or loss of any of Her Majesty’s aircraft or aircraft material or of aircraft or aircraft material of any forces cooperating with Her Majesty’s Forces, or

  • (c) during a state of war wilfully or negligently causes the sequestration by or under the authority of a neutral state or the destruction in a neutral state of any of Her Majesty’s aircraft or of aircraft of any forces cooperating with Her Majesty’s Forces,

is guilty of an offence and on conviction, if the person 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. 97

Marginal note:Signing inaccurate certificate

 Every person who signs an inaccurate certificate in relation to an aircraft or aircraft material without taking reasonable steps to ensure that it was accurate, the proof of taking which steps lies on 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. 98

Marginal note:Low flying

 Every person who flies an aircraft at a height less than the minimum height authorized in the circumstances 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. 99

Marginal note:Disobedience of captain’s orders

  •  (1) Every person who, when in an aircraft, disobeys any lawful command given by the captain of the aircraft in relation to the flying or handling of the aircraft or affecting the safety of the aircraft, whether or not the captain is subject to the Code of Service Discipline, is guilty of an offence and on conviction is liable to imprisonment for life or to less punishment.

  • Marginal note:Command in aircraft

    (2) For the purposes of this section,

    • (a) every person of whatever rank shall, when the person is in an aircraft, be under the command, in respect of all matters relating to the flying or handling of the aircraft or affecting the safety of the aircraft, of the captain of the aircraft, whether or not the captain is subject to the Code of Service Discipline; and

    • (b) if the aircraft is a glider and is being towed by another aircraft, the captain of the glider shall, so long as the glider is being towed, be under the command, in respect of all matters relating to the flying or handling of the glider or affecting the safety of the glider, of the captain of the towing aircraft, whether or not the captain of the towing aircraft is subject to the Code of Service Discipline.

  • R.S., c. N-4, s. 100

Offences in relation to Vehicles

Marginal note:Improper driving of vehicles

  •  (1) Every person who

    • (a) drives a vehicle of the Canadian Forces recklessly or in a manner that is dangerous to any person or property having regard to all the circumstances of the case, or, having charge of and being in or on such a vehicle, causes or by wilful neglect permits it to be so driven,

    • (b) while the person’s ability to drive a vehicle of the Canadian Forces is impaired by alcohol or a drug, drives or attempts to drive such a vehicle, whether it is in motion or not, or

    • (c) having charge of a vehicle of the Canadian Forces, knowingly permits it to be driven by a person whose ability to drive such a vehicle is impaired by alcohol or a drug,

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

  • Marginal note:Occupant of driver’s seat deemed attempting to drive

    (2) For the purposes of paragraph (1)(b), a person who occupies the seat ordinarily occupied by a driver of a vehicle shall be deemed to have attempted to drive the vehicle, unless that person establishes that he did not enter or mount the vehicle for the purpose of setting it in motion.

  • R.S., c. N-4, s. 101

Marginal note:Improper use of vehicles

 Every person who

  • (a) uses a vehicle of the Canadian Forces for an unauthorized purpose,

  • (b) without authority uses a vehicle of the Canadian Forces for any purpose, or

  • (c) uses a vehicle of the Canadian Forces contrary to any regulation, order or instruction,

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. 102

Offences in relation to Property

Marginal note:Causing fires

 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, which act or omission causes or is likely to cause fire to occur in any materiel, defence establishment or work for defence is guilty of an offence and on conviction, if the person 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. 103
 
Date modified: