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National Defence Act

Version of section 269 from 2018-09-01 to 2021-02-15:


Marginal note:Limitation or prescription period

  •  (1) Unless an action or other proceeding is commenced within two years after the day on which the act, neglect or default complained of occurred, no action or other proceeding lies against Her Majesty or any person for

    • (a) an act done in pursuance or execution or intended execution of this Act or any regulations or military or departmental duty or authority;

    • (b) any neglect or default in the execution of this Act or any regulations or military or departmental duty or authority; or

    • (c) an act or any neglect or default that is incidental to an act, neglect or default described in paragraph (a) or (b).

  • Marginal note:Prosecutions

    (1.1) A prosecution in respect of an offence — other than an offence under this Act, the Geneva Conventions Act or the Crimes Against Humanity and War Crimes Act — relating to an act, neglect or default described in subsection (1) may not be commenced after six months from the day on which the act, neglect or default occurred.

  • Marginal note:Saving provision

    (2) Nothing in subsection (1) is in bar of proceedings against any person under the Code of Service Discipline.

  • R.S., 1985, c. N-5, s. 269
  • 2013, c. 24, s. 99
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