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

Act current to 2013-05-26 and last amended on 2013-02-28. Previous Versions

258. and 259. [Repealed, R.S., 1985, c. 22 (4th Supp.), s. 74]

Marginal note:Compensation

260. Any person who suffers loss, damage or injury by reason of the exercise of any of the powers conferred by section 257 shall be compensated from the Consolidated Revenue Fund.

  • R.S., 1985, c. N-5, s. 260;
  • R.S., 1985, c. 22 (4th Supp.), s. 74.

Exemption from Tolls

Marginal note:Duties or tolls on roads, bridges, etc.

  • 261. (1) No duties or tolls, otherwise payable by law in respect of the use of any pier, wharf, quay, landing-place, highway, road, right-of-way, bridge or canal, shall be paid by or demanded from any unit or other element of the Canadian Forces or any officer or non-commissioned member when on duty or any person under escort or in respect of the movement of any materiel, except that the Minister may authorize payment of duties and tolls in respect of that use.

  • Marginal note:Exception

    (2) Nothing in this section affects the liability for payment of duties or tolls lawfully demandable in respect of any vehicles or vessels other than those belonging to or in the service of Her Majesty.

  • R.S., 1985, c. N-5, s. 261;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.

Ships in Convoy

Marginal note:Master of merchant ship to obey convoying officer

262. Every master or other person in command of a merchant or other vessel under the convoy of any of Her Majesty’s Canadian ships shall obey the directions of the commanding officer of the convoy or the directions of the commanding officer of any of Her Majesty’s Canadian ships in all matters relating to the navigation or security of the convoy and shall take such precautions for avoiding the enemy as may be directed by any such commanding officer and, if the master or other person fails to obey the directions, that commanding officer may compel obedience by force of arms, without being liable for any loss of life or property that may result from the use of that force.

  • R.S., c. N-4, s. 222.

Salvage

Marginal note:Crown may claim for salvage services

263. Where salvage services are rendered by or with the aid of a vessel or aircraft belonging to or in the service of Her Majesty and used in the Canadian Forces, Her Majesty may claim salvage for those services and has the same rights and remedies in respect of those services as any other salvor would have had if the vessel or aircraft had belonged to that other salvor.

  • R.S., c. N-4, s. 223.
Marginal note:Consent of Minister to salvage claim

  • 264. (1) No claim for salvage services by the commander or crew or part of the crew of a vessel or aircraft belonging to or in the service of Her Majesty and used in the Canadian Forces shall be finally adjudicated on unless the consent of the Minister to the prosecution of the claim is proved.

  • Marginal note:Time for giving consent

    (2) For the purpose of this section, the consent of the Minister may be given at any time before final adjudication.

  • Marginal note:Evidence of consent

    (3) Any document purporting to give the consent of the Minister for the purpose of this section is evidence of that consent.

  • Marginal note:Claim dismissed if no consent

    (4) Where a claim for salvage services is prosecuted and the consent of the Minister is not proved, the claim shall be dismissed with costs.

  • R.S., c. N-4, s. 223.