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

Act current to 2013-05-20 and last amended on 2013-02-28. Previous Versions

Marginal note:Minister may accept offers of settlement

  • 265. (1) The Minister may, on the recommendation of the Attorney General of Canada, accept, on behalf of Her Majesty and the commander and crew or part of the crew, offers of settlement made with respect to claims for salvage services rendered by vessels or aircraft belonging to or in the service of Her Majesty and used in the Canadian Forces.

  • Marginal note:Distribution

    (2) The proceeds of any settlement made under subsection (1) shall be distributed in such manner as the Governor in Council may prescribe.

  • R.S., c. N-4, s. 223.

266. [Repealed, 2001, c. 26, s. 311]

Previous Version

Limitation of Civil Liabilities

Marginal note:Restriction of execution against officers and non-commissioned members

267. No judgment or order given or made against an officer or non-commissioned member by any court in Canada shall be enforced by the levying of execution on any arms, ammunition, equipment, instruments or clothing used by that officer or non-commissioned member for military purposes.

  • R.S., 1985, c. N-5, s. 267;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.
Marginal note:Exemption from jury service

268. Every officer and non-commissioned member of the reserve force on active service and every officer and non-commissioned member of the regular force and special force is exempt from serving on a jury.

  • R.S., 1985, c. N-5, s. 268;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.
Marginal note:Limitation period

  • 269. (1) No action, prosecution or other proceeding lies against any person for an act done in pursuance or execution or intended execution of this Act or any regulations or military or departmental duty or authority, or in respect of any alleged neglect or default in the execution of this Act, regulations or any such duty or authority, unless it is commenced within six months after the act, neglect or default complained of or, in the case of continuance of injury or damage, within six months after the ceasing thereof.

  • 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., c. N-4, s. 227.
Marginal note:Actions barred

270. No action or other proceeding lies against any officer or non-commissioned member in respect of anything done or omitted by the officer or non-commissioned member in the execution of his duty under the Code of Service Discipline, unless the officer or non-commissioned member acted, or omitted to act, maliciously and without reasonable and probable cause.

  • R.S., 1985, c. N-5, s. 270;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.