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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 VIIOffences Triable by Civil Courts (continued)

Offences (continued)

Marginal note:Personation

 Every person who falsely personates any other person in respect of any duty, act or thing required to be performed or done under this Act by that other person is guilty of an offence and liable, on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding twelve months or to both.

  • R.S., c. N-4, s. 249

Marginal note:False representation of desertion

 Every person who falsely represents himself to any military or civil authority to be a deserter from Her Majesty’s Forces is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding three months or to both.

  • R.S., c. N-4, s. 250

Marginal note:Failure to attend parade

  •  (1) Every officer or non-commissioned member of the reserve force who without lawful excuse neglects or refuses to attend any parade or training at the place and hour appointed therefor is guilty of an offence and liable on summary conviction for each offence, if an officer, to a fine not exceeding fifty dollars and, if a non-commissioned member, to a fine not exceeding twenty-five dollars.

  • Marginal note:Each absence an offence

    (2) Absence from any parade or training referred to in subsection (1) is, in respect of each day on which the absence occurs, a separate offence.

  • R.S., 1985, c. N-5, s. 294
  • R.S., 1985, c. 31 (1st Supp.), s. 60

Marginal note:Neglecting personal equipment

 Every officer or non-commissioned member of the reserve force who fails to keep in proper order any personal equipment or who appears on parade or on any other occasion with the personal equipment of that officer or non-commissioned member out of proper order, unserviceable or deficient in any respect is guilty of an offence and liable on summary conviction to a fine not exceeding forty dollars for each offence.

  • R.S., 1985, c. N-5, s. 295
  • R.S., 1985, c. 31 (1st Supp.), s. 60

Marginal note:Interruption or hindering of training or march

 Every person who without reasonable excuse interrupts or hinders the Canadian Forces while training or while on the march is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars and may be taken into custody and detained by any person by the order of an officer until the training or march is over for the day.

  • R.S., c. N-4, s. 253

Marginal note:Hampering manoeuvres

 Every person who without reasonable excuse obstructs or interferes with manoeuvres authorized under section 257 is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars.

  • R.S., c. N-4, s. 254

Marginal note:Unlawful disposal, removal or possession of property

  •  (1) Every person who

    • (a) unlawfully disposes of or removes any property,

    • (b) when lawfully required, refuses to deliver up any property that is in the possession of that person, or

    • (c) without lawful cause, the proof of which lies on that person, has possession of any property,

    is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars for each offence.

  • Marginal note:Definition of property

    (2) For the purposes of this section, property means any public property under the control of the Minister, non-public property and property of any of Her Majesty’s Forces or of any forces cooperating therewith.

  • R.S., c. N-4, s. 255

Marginal note:Accessories to desertion and absence without leave

  •  (1) Every person who

    • (a) procures, persuades, aids, assists or counsels an officer or non-commissioned member to desert or absent himself without leave, or

    • (b) in an emergency, aids, assists, harbours or conceals an officer or non-commissioned member who is a deserter or an absentee without leave and who does not satisfy the court that he did not know that the officer or non-commissioned member was a deserter or an absentee without leave,

    is guilty of an offence and liable, on summary conviction, to a fine not exceeding one thousand dollars and not less than one hundred dollars or to imprisonment for any term not exceeding twelve months or to both.

  • Marginal note:Certificate of Judge Advocate General

    (2) A certificate that appears to have been signed by the Judge Advocate General, or by any person whom the Judge Advocate General may appoint for that purpose, attesting that an officer or non-commissioned member was convicted or discharged absolutely under this Act of desertion or absence without leave or that the officer or non-commissioned member was or has been continuously absent without leave for six months or more, and setting out the date of commencement and, if applicable, the duration of the desertion, absence without leave or continuous absence without leave, is for the purposes of proceedings under this section evidence of the facts attested to in that certificate.

  • R.S., 1985, c. N-5, s. 299
  • R.S., 1985, c. 31 (1st Supp.), s. 60
  • 2013, c. 24, s. 103

Marginal note:Aid to intending deserters or absentees

 Every person who, knowing that an officer or non-commissioned member is about to desert or absent himself without leave, aids or assists the officer or non-commissioned member in attempting to desert or absent himself without leave is guilty of an offence and liable, on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for any term not exceeding twelve months or to both.

  • R.S., 1985, c. N-5, s. 300
  • R.S., 1985, c. 31 (1st Supp.), s. 60

Marginal note:Miscellaneous offences

 Every person who

  • (a) wilfully obstructs, impedes or otherwise interferes with any other person in the execution of any duty that under this Act or regulations, the other person is required to perform,

  • (b) counsels any other person not to perform any duty that, under this Act or regulations, the other person is required to perform,

  • (c) does an act to the detriment of any other person in consequence of the other person having performed a duty that, under this Act or regulations, the other person is required to perform,

  • (d) interferes with or impedes, directly or indirectly, the recruiting of the Canadian Forces,

  • (e) wilfully produces any disease or infirmity in, maims or injures himself or any other person with a view to enabling himself or the other person to avoid service in the Canadian Forces,

  • (f) with intent to enable any other person to render himself, or to induce the belief that the other person is, permanently or temporarily unfit for service in the Canadian Forces, supplies to or for the other person any drug or preparation calculated or likely to render the other person, or lead to the belief that the other person is, permanently or temporarily unfit for that service, or

  • (g) gives or receives, or is in any way concerned in the giving or receiving, of any valuable consideration in respect of enrolment, release or promotion in the Canadian Forces,

is guilty of an offence and liable, on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for any term not exceeding twelve months or to both.

  • R.S., c. N-4, s. 258

Marginal note:Offences of contempt

 Every person is guilty of an offence and liable, on summary conviction, to a fine of not more than five hundred dollars or to imprisonment for a term of not more than six months or to both, where the person

  • (a) on being duly summoned as a witness under Part II, III or IV makes default in attending;

  • (b) being in attendance as a witness in any proceeding under Part II, III or IV,

    • (i) refuses to take an oath or make a solemn affirmation legally required of that person,

    • (ii) refuses to produce any document or thing under that person’s control and required to be produced by that person, or

    • (iii) refuses to answer any question that requires an answer;

  • (c) at any proceeding under Part II, III or IV, uses insulting or threatening language or causes any interference or disturbance;

  • (d) prints observations or uses words likely to bring a proceeding under Part II, III or IV into disrepute or likely to influence improperly a board of inquiry, the Grievances Committee, the Military Judges Inquiry Committee, a service tribunal, a commissioner taking evidence under this Act, the Military Police Complaints Commission, an inquiry committee established under the regulations or a witness at a proceeding under Part II, III or IV; or

  • (e) displays contempt, in any other manner whatever, at any proceeding under Part II, III or IV.

  • R.S., 1985, c. N-5, s. 302
  • 1998, c. 35, s. 90
  • 2013, c. 24, ss. 104, 106(E)
 
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