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:Application of ss. 672.67 to 672.71 of Criminal Code to findings

202.26 Sections 672.67 to 672.71 of the Criminal Code apply, with any modifications that the circumstances require, to findings made by courts martial of unfit to stand trial or not responsible on account of mental disorder, and a reference in any of those sections to a Review Board is deemed to be a reference to the Review Board of the appropriate province.

  • 1991, c. 43, s. 18;
  • 1998, c. 35, s. 54;
  • 2005, c. 22, s. 58.
Previous Version

Division 8

Provisions Applicable to Imprisonment and Detention

203. [Repealed, 1998, c. 35, s. 55]

Computation of Term

Marginal note:Commencement of term

  • 204. (1) Subject to subsection (3) and sections 215 to 218, the term of a punishment of imprisonment or detention shall commence on the date on which the service tribunal pronounces sentence on the offender.

  • Marginal note:Time counted

    (2) The only time that shall be reckoned toward the completion of a term of a punishment of imprisonment or detention shall be the time that the offender spends in civil custody or service custody while under the sentence in which that punishment is included.

  • Marginal note:Special case

    (3) Where a punishment referred to in subsection (2) cannot lawfully be carried out by reason of a vessel being at sea or in a port at which there is no suitable place of incarceration, the offender shall as soon as practicable, having regard to the exigencies of the service, be sent to a place where the punishment can lawfully be carried out, and the period of time prior to the date of arrival of the offender at that place shall not be reckoned toward the completion of the term of the punishment.

  • R.S., 1985, c. N-5, s. 204;
  • 1998, c. 35, s. 57.

Service Prisons and Detention Barracks

Marginal note:Service prisons and detention barracks

  • 205. (1) Such places as are designated by the Minister for the purpose shall be service prisons and detention barracks and any hospital or other place for the reception of sick persons to which a person who is a service convict, service prisoner or service detainee has been admitted shall, in so far as relates to that person, be deemed to be part of the place to which that person has been committed.

  • Marginal note:Corrective disciplinary measures for service prisons and detention barracks

    (2) The nature of and the manner of imposing corrective measures for breach of the regulations, orders and rules applicable in respect of service prisons and detention barracks by a person committed thereto as the result of a sentence passed on that person, and the terms and conditions of remission for good conduct of any part of a punishment involving incarceration, shall be as prescribed in regulations made by the Governor in Council.

  • Marginal note:Limitations

    (3) Corrective measures referred to in subsection (2) shall not include whipping, paddling or any of the punishments referred to in paragraphs 139(1)(a) to (l) and shall not be so imposed as to increase the duration of any punishment involving a term of incarceration.

  • R.S., c. N-4, s. 177.