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National Defence Act

Version of section 163 from 2022-06-20 to 2022-09-22:


Marginal note:Jurisdiction

  •  (1) A superior commander, commanding officer or delegated officer may conduct a hearing in respect of a charge alleging the commission of a service infraction if all of the following conditions are satisfied:

    • (a) the person charged is an officer who is at least one rank below the rank of the superior commander, commanding officer or delegated officer, or is a non-commissioned member;

    • (b) having regard to the gravity of the facts that gave rise to the charge, the powers of the superior commander, commanding officer or delegated officer to impose a sanction are adequate;

    • (c) there are no reasonable grounds to believe that the person charged is unable on account of mental disorder to understand the nature, object or possible consequences of the proceedings; and

    • (d) having regard to the interests of discipline, efficiency and morale of the Canadian Forces, it would be appropriate to conduct the hearing.

  • Marginal note:Prohibition on conducting hearing

    (2) A superior commander, commanding officer or delegated officer may not conduct a hearing if he or she

    • (a) carried out or directly supervised the investigation of the service infraction;

    • (b) issued a warrant under section 273.3 in relation to anything referred to in any of paragraphs 273.3(a) to (c) that relates to the service infraction; or

    • (c) laid the charge or caused it to be laid.

    However, he or she may conduct such a hearing if, having regard to all the circumstances, it is not practicable for any other superior commander, commanding officer or delegated officer to conduct the hearing.

  • R.S., 1985, c. N-5, s. 163
  • R.S., 1985, c. 31 (1st Supp.), ss. 53, 60
  • 1991, c. 43, s. 14
  • 1998, c. 35, s. 42
  • 2008, c. 29, s. 4
  • 2013, c. 24, s. 35
  • 2019, c. 15, s. 25
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