Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Full Document:  

Act current to 2022-11-16 and last amended on 2022-06-20. Previous Versions

PART IVComplaints About or by Military Police (continued)

DIVISION 4Review and Final Report (continued)

Marginal note:Final report by Chairperson

  •  (1) After receiving and considering a notice sent under section 250.51 or 250.52, the Chairperson shall prepare a final report in writing setting out the Chairperson’s findings and recommendations with respect to the complaint.

  • Marginal note:Recipients of report

    (2) A copy of the final report shall be sent to the Minister, the Deputy Minister, the Chief of the Defence Staff, the Judge Advocate General, the Provost Marshal, the complainant, the person who is the subject of the complaint and all persons who have satisfied the Complaints Commission that they have a substantial and direct interest in the complaint.

  • 1998, c. 35, s. 82
  • 2013, c. 24, s. 96(F)

PART VMiscellaneous Provisions Having General Application

Oaths

Marginal note:Oaths

 At summary hearings and courts martial, and at proceedings before a military judge, board of inquiry or commissioner taking evidence under this Act, an oath must be taken by or administered to the following persons in the manner and in the forms prescribed in regulations made by the Governor in Council:

  • (a) the officer conducting the summary hearing;

  • (b) the judge presiding at the court martial;

  • (c) each member of the panel of the court martial;

  • (d) each member of the board of inquiry;

  • (e) the commissioner;

  • (f) court reporters;

  • (g) interpreters; and

  • (h) subject to section 16 of the Canada Evidence Act, witnesses.

Marginal note:Solemn affirmation instead of oath

  •  (1) A person who is required to take an oath under this Act may, instead of taking an oath, make a solemn affirmation.

  • Marginal note:Effect

    (2) A solemn affirmation has the same force and effect as an oath.

  • Marginal note:Prosecutions under the Criminal Code

    (3) An oath or a solemn affirmation under this Act has, in respect of any prosecution under the Criminal Code, the same force and effect as an oath taken before a civil court.

  • 1998, c. 35, s. 82

Witness Fees and Allowances

Marginal note:Witness fees and allowances

 A person, other than an officer or non-commissioned member or an officer or employee of the Department, summoned or attending to give evidence before a court martial, the Grievances Committee, the Military Judges Inquiry Committee, the Military Police Complaints Commission, a board of inquiry, a commissioner taking evidence under this Act or any inquiry committee established under the regulations is entitled in the discretion of that body to receive the like fees and allowances for so doing as if summoned to attend before the Federal Court.

  • 1998, c. 35, s. 82
  • 2013, c. 24, ss. 97, 106(E)

Disposal by Civil Authorities of Deserters and Absentees without Leave

Marginal note:Definition of justice

  •  (1) For the purposes of this section and sections 253 and 254, justice means a justice as defined in the Criminal Code.

  • Marginal note:Powers of arrest on reasonable grounds

    (2) Any peace officer who on reasonable grounds believes or, if no peace officer is immediately available, any officer or non-commissioned member who believes on reasonable grounds that a person is a deserter or an absentee without leave may apprehend that person and forthwith bring the person before a justice.

  • Marginal note:Issue of warrant

    (3) A justice, if satisfied by evidence on oath that a deserter or an absentee without leave is, or is believed on reasonable grounds to be, within the jurisdiction of that justice, may issue a warrant authorizing the deserter or absentee without leave to be apprehended and brought forthwith before that or any other justice.

  • Marginal note:Justice’s power to examine into case

    (4) Where a person is brought before a justice charged with being a deserter or absentee without leave under this Act, the justice may examine into the case in like manner as if that person were brought before the justice accused of an indictable offence.

  • R.S., 1985, c. N-5, s. 252
  • R.S., 1985, c. 31 (1st Supp.), s. 58

Marginal note:Disposal of person brought before justice

  •  (1) A justice, if satisfied either by evidence on oath or by the admission of a person brought before the justice under section 252 that the person is a deserter or absentee without leave, shall cause him to be delivered into service custody in such manner as the justice may deem most expedient and, until the person can be so delivered, the justice may cause the person to be held in civil custody for such time as appears to the justice reasonably necessary for the purpose of delivering the person into service custody.

  • Marginal note:Verification of admission

    (2) Where a person has admitted to being a deserter or absentee without leave and evidence of the truth or falsehood of the admission is not then forthcoming, the justice before whom the person is brought shall remand him for the purpose of obtaining information respecting the truth or falsehood of the admission and, for that purpose, the justice shall transmit a report, which shall contain the particulars and be in the form prescribed by the Minister, to such authorities of the Canadian Forces as the Minister may prescribe.

  • Marginal note:Remands

    (3) A justice before whom a person is brought under section 252 may from time to time remand him for a period not exceeding eight days on each appearance before the justice, but the whole period during which a person is so remanded shall not be longer than appears to the justice reasonably necessary for the purpose of obtaining the information referred to in subsection (2).

  • Marginal note:Report following disposal

    (4) Where a justice before whom a person is brought under section 252 causes him to be delivered into service custody or to be held in civil custody, the justice shall transmit a report, which shall contain the particulars and be in the form prescribed by the Minister, to such authorities of the Canadian Forces as the Minister may prescribe.

  • R.S., c. N-4, s. 214

Marginal note:Delivery by constable into service custody

  •  (1) Where a person surrenders himself to a constable and admits desertion or absence without leave, the constable in charge of the police station to which the person is brought shall forthwith inquire into the case and, if from the admission it appears to the constable on inquiring into the case that the person is a deserter or absentee without leave, the constable may cause the person to be delivered into service custody, without bringing the person before a justice.

  • Marginal note:Report where person delivered into service custody

    (2) Where a constable causes a person to be delivered into service custody pursuant to subsection (1), the constable shall transmit a report, which shall contain the particulars and be in the form prescribed by the Minister, to such authorities of the Canadian Forces as the Minister may prescribe.

  • R.S., c. N-4, s. 214

Certificate of Civil Courts

Marginal note:Transmission of certificate where person tried civilly

 Where any person subject to the Code of Service Discipline has at any time been tried by a civil court, the clerk of that court or other authority having custody of the records of the court shall, if required by any officer of the Canadian Forces, transmit to that officer a certificate setting out the offence for which that person was tried, together with the judgment or order of the court thereon, and shall be allowed for that certificate the fee authorized by law.

  • R.S., c. N-4, s. 215

Duties respecting Incarceration

Marginal note:Execution of warrants

  •  (1) Every warden, governor, jailer, commanding officer, commandant or other keeper of a penitentiary, civil prison, service prison or detention barrack shall take cognizance of any warrant of committal purporting to be signed by a committing authority referred to in section 219 or 220, shall receive and detain, according to the exigency of that warrant, the person referred to therein and delivered into the custody of that warden, governor, jailer, commanding officer, commandant or other keeper, as the case may be, and shall confine that person until discharged or delivered over in due course of law.

  • (2) [Repealed, 1991, c. 43, s. 30]

  • R.S., 1985, c. N-5, s. 256
  • 1991, c. 43, s. 30

Manoeuvres

Marginal note:Authorization by Minister

  •  (1) For the purpose of training the Canadian Forces, the Minister may authorize the execution of military exercises or movements, referred to in this section as “manoeuvres”, over and on such parts of Canada and during such periods as are specified.

  • Marginal note:Notice

    (2) Notice of manoeuvres shall, by appropriate publication, be given to the inhabitants of any area concerned.

  • Marginal note:Powers

    (3) Units and other elements of the Canadian Forces may execute manoeuvres on and pass over such areas as are specified under subsection (1), stop or control all traffic thereover whether by water, land or air, draw water from such sources as are available, and do all things reasonably necessary for the execution of the manoeuvres.

  • Marginal note:Interference

    (4) Any person who wilfully obstructs or interferes with manoeuvres authorized under this section and any animal, vehicle, vessel or aircraft under the person’s control may be forcibly removed by any constable or by any officer, or by any non-commissioned member on the order of any officer.

  • Marginal note:Bar of action

    (5) No action lies by reason only of the execution of manoeuvres authorized under this section.

  • R.S., 1985, c. N-5, s. 257
  • R.S., 1985, c. 31 (1st Supp.), s. 60

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

Marginal note:Compensation

 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.

  •  (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

 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

 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

  •  (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

Marginal note:Minister may accept offers of settlement

  •  (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

 [Repealed, 2001, c. 26, s. 311]

Limitation or Prescription Periods, Liability and Exemptions

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

 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

 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 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
 
Date modified: