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

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Act current to 2019-11-19 and last amended on 2019-08-01. Previous Versions

PART IIICode of Service Discipline (continued)

DIVISION 2Service Offences and Punishments (continued)

Offences in relation to Property (continued)

Marginal note:Stealing

  •  (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.

  • R.S., c. N-4, s. 104

Marginal note:Receiving

 Every person who receives or retains in his possession any property obtained by the commission of any service offence, knowing the property to have been so obtained, is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding seven years or to less punishment.

  • R.S., c. N-4, s. 105

Marginal note:Destruction, damage, loss or improper disposal

 Every person who

  • (a) wilfully destroys or damages, loses by neglect, improperly sells or wastefully expends any public property, non-public property or property of any of Her Majesty’s Forces or of any forces cooperating therewith,

  • (b) wilfully destroys, damages or improperly sells any property belonging to another person who is subject to the Code of Service Discipline, or

  • (c) sells, pawns or otherwise disposes of any cross, medal, insignia or other decoration granted by or with the approval of Her Majesty,

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. 106

Marginal note:Miscellaneous offences

 Every person who

  • (a) connives at the exaction of an exorbitant price for property purchased or rented by a person supplying property or services to the Canadian Forces,

  • (b) improperly demands or accepts compensation, consideration or personal advantage in respect of the performance of any military duty or in respect of any matter relating to the Department or the Canadian Forces,

  • (c) receives directly or indirectly, whether personally or by or through any member of his family or person under his control, or for his benefit, any gift, loan, promise, compensation or consideration, either in money or otherwise, from any person, for assisting or favouring any person in the transaction of any business relating to any of Her Majesty’s Forces, or to any forces cooperating therewith or to any mess, institute or canteen operated for the use and benefit of members of those forces,

  • (d) demands or accepts compensation, consideration or personal advantage for convoying a vessel entrusted to his care,

  • (e) being in command of a vessel or aircraft, takes or receives on board goods or merchandise that he is not authorized to take or receive on board, or

  • (f) commits any act of a fraudulent nature not particularly specified in sections 73 to 128,

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. 117
  • 1998, c. 35, s. 31

Offences in relation to Tribunals

Marginal note:Definition of tribunal

  •  (1) For the purposes of this section and section 119, tribunal includes, in addition to a service tribunal, the Grievances Committee, the Military Judges Inquiry Committee, the Military Police Complaints Commission, a board of inquiry, a commissioner taking evidence under this Act and any inquiry committee established under regulations.

  • Marginal note:Contempt

    (2) Every person who

    • (a) being duly summoned or ordered to attend as a witness before a tribunal, fails to attend or to remain in attendance,

    • (b) refuses to take an oath or make a solemn affirmation lawfully required by a tribunal to be taken or made,

    • (c) refuses to produce any document in the power or control of, and lawfully required by a tribunal to be produced by, that person,

    • (d) refuses when a witness to answer any question to which a tribunal may lawfully require an answer,

    • (e) uses insulting or threatening language before, or causes any interruption or disturbance in the proceedings of, a tribunal, or

    • (f) commits any other contempt of a tribunal

    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. 118
  • 1998, c. 35, s. 32
  • 2013, c. 24, ss. 17, 106(E)

Marginal note:Failure to appear or attend

 Every person who, being duly summoned or ordered to appear as an accused before a service tribunal, fails, without lawful excuse, the proof of which lies on the person, to appear as summoned or ordered, or to remain in attendance, 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. 32

Marginal note:False evidence

 Every person who, when examined on oath or solemn affirmation before a tribunal, knowingly gives false evidence is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding seven years or to less punishment.

  • R.S., 1985, c. N-5, s. 119
  • 1998, c. 35, s. 32

Offence in Relation to the Sex Offender Information Registration Act

Marginal note:Failure to comply with order or obligation

  •  (1) Every person who, without reasonable excuse, fails to comply with an order made under section 227.01 of this Act or section 490.012 of the Criminal Code or with an obligation under section 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

  • 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.

  • Marginal note:Proof of certain facts by certificate

    (3) In proceedings under subsection (1), a certificate of a person referred to in paragraph 16(2)(b.1) of the Sex Offender Information Registration Act stating that the person named in the certificate failed to report under section 4, 4.1, 4.2 or 4.3 — or provide information under section 5 or notify a person under subsection 6(1) — of that Act is evidence of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.

  • Marginal note:Attendance and cross-examination

    (4) The person named in the certificate may, with the leave of the court martial, require the attendance of the person who signed it for the purpose of cross-examination.

  • Marginal note:Notice of intention to produce

    (5) A certificate is not to be received in evidence unless, before the commencement of the trial, the party who intends to produce it gives the person named in the certificate a copy of it and reasonable notice of their intention to produce it.

  • 2007, c. 5, s. 2
  • 2010, c. 17, s. 45
 
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