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

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

PART VMiscellaneous Provisions Having General Application (continued)

Limitation or Prescription Periods, Liability and Exemptions (continued)

Marginal note:Actions barred

 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

Compensation

Marginal note:Compensation to certain public service employees

  •  (1) Compensation may, to such extent, in such manner and to such persons as the Governor in Council may by regulation prescribe, be paid in respect of disability or death resulting from injury or disease or aggravation thereof incurred by any person while

    • (a) employed in the federal public administration,

    • (b) employed under the direction of any part of the federal public administration, or

    • (c) engaged, with or without remuneration, in an advisory, supervisory or consultative capacity in or on behalf of the federal public administration,

    and performing any function in relation to the Canadian Forces or any forces cooperating with the Canadian Forces, if the injury or disease or aggravation thereof arose out of or was directly connected with the performance of that function.

  • Marginal note:Restriction

    (2) No compensation shall be paid under subsection (1) in respect of any disability or death for which a pension is paid or payable by virtue of any of the provisions of the Pension Act.

  • R.S., 1985, c. N-5, s. 271
  • 1998, c. 35, s. 83
  • 2003, c. 22, s. 224(E)

Dependants

Marginal note:Arrest of dependants

 The dependants, as defined by regulation, of officers and non-commissioned members on service or active service in any place out of Canada who are alleged to have committed an offence under the laws applicable in that place may be arrested by a member of the military police and may be handed over to the appropriate authorities of that place.

  • R.S., 1985, c. N-5, s. 272
  • R.S., 1985, c. 31 (1st Supp.), s. 60
  • 2013, c. 24, s. 100

Jurisdiction of Civil Courts

Marginal note:Offences committed outside Canada

 Where a person subject to the Code of Service Discipline does any act or omits to do anything while outside Canada which, if done or omitted in Canada by that person, would be an offence punishable by a civil court, that offence is within the competence of, and may be tried and punished by, a civil court having jurisdiction in respect of such an offence in the place in Canada where that person is found in the same manner as if the offence had been committed in that place, or by any other court to which jurisdiction has been lawfully transferred.

  • R.S., c. N-4, s. 231

Inspections

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) authorizing the inspection, in accordance with the custom or practice of the service, of any person or thing in, on or about

    • (i) any defence establishment, work for defence or materiel, or

    • (ii) any quarters under the control of the Canadian Forces or the Department; and

  • (b) respecting the access to, exclusion from and safety and conduct of persons in, on or about any defence establishment, work for defence or materiel, including, without restricting the generality of the foregoing, regulations

    • (i) respecting the inspection of persons and property entering, exiting or on any such place or materiel, and

    • (ii) requiring any person, as a condition of being given access to that place or materiel, to submit, on demand, to a search of the person and the person’s personal or movable property while entering or exiting that place or materiel or any restricted area within that place or materiel.

  • R.S., 1985, c. 31 (1st Supp.), s. 59
  • 1998, c. 35, s. 84

Searches

Marginal note:Searches

 Except as provided for by regulations made pursuant to section 273.1, the following, namely,

  • (a) quarters under the control of the Canadian Forces or the Department and occupied for residential purposes by any person subject to the Code of Service Discipline either alone or with that person’s dependants, as well as any locker or storage space located in those quarters and exclusively used by that person or those dependants for personal purposes, and

  • (b) the personal or movable property of any person subject to the Code of Service Discipline located in, on or about any defence establishment, work for defence or materiel,

may be searched only if a warrant for that purpose has been issued or the search is otherwise authorized by law.

  • R.S., 1985, c. 31 (1st Supp.), s. 59
  • 1998, c. 35, s. 85

Marginal note:Warrant by commanding officer

 Subject to sections 273.4 and 273.5, a commanding officer who is satisfied by information on oath that there is in any quarters, locker, storage space or personal or movable property referred to in section 273.2

  • (a) anything on or in respect of which any offence against this Act has been or is believed on reasonable grounds to have been committed,

  • (b) anything that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence against this Act, or

  • (c) anything that there are reasonable grounds to believe is intended to be used for the purpose of committing any offence against the person for which a person may be arrested without warrant,

may issue a warrant authorizing any officer or non-commissioned member named in the warrant, assisted by such other officers and non-commissioned members as are necessary, or a peace officer, to search the quarters, locker, storage space or personal or movable property for any such thing, and to seize and carry it before that commanding officer.

  • R.S., 1985, c. 31 (1st Supp.), s. 59
  • 1998, c. 35, s. 86

Marginal note:Investigating commanding officer

 The commanding officer who carries out or directly supervises the investigation of any matter may issue a warrant pursuant to section 273.3 in relation to that investigation only if that commanding officer believes on reasonable grounds that

  • (a) the conditions for the issuance of the warrant exist; and

  • (b) no other commanding officer is readily available to determine whether the warrant should be issued.

  • R.S., 1985, c. 31 (1st Supp.), s. 59

Marginal note:Military police

 Section 273.3 does not apply to a commanding officer of a military police unit.

  • R.S., 1985, c. 31 (1st Supp.), s. 59

Public Service

Marginal note:Public service

  •  (1) Subject to subsection (2), the Governor in Council or the Minister may authorize the Canadian Forces to perform any duty involving public service.

  • Marginal note:Law enforcement assistance

    (2) The Governor in Council, or the Minister on the request of the Minister of Public Safety and Emergency Preparedness or any other Minister, may issue directions authorizing the Canadian Forces to provide assistance in respect of any law enforcement matter if the Governor in Council or the Minister, as the case may be, considers that

    • (a) the assistance is in the national interest; and

    • (b) the matter cannot be effectively dealt with except with the assistance of the Canadian Forces.

  • Marginal note:Exception

    (3) Subsection (2) does not apply in respect of assistance that is of a minor nature and limited to logistical, technical or administrative support.

  • Marginal note:Restriction

    (4) The authority of the Minister under this section is subject to any directions issued by the Governor in Council.

  • 1998, c. 35, s. 87
  • 2005, c. 10, s. 34

Independent Review

Marginal note:Review

  •  (1) The Minister shall cause an independent review of the following provisions, and their operation, to be undertaken:

    • (a) sections 18.3 to 18.6;

    • (b) sections 29 to 29.28;

    • (c) Parts III and IV; and

    • (d) sections 251, 251.2, 256, 270, 272, 273 to 273.5 and 302.

  • Marginal note:Report to Parliament

    (2) The Minister shall cause a report of a review to be laid before each House of Parliament within seven years after the day on which this section comes into force, and within every seven-year period after the tabling of a report under this subsection.

  • Marginal note:Amending legislation

    (3) However, if an Act of Parliament amends this Act based on an independent review, the next report shall be tabled within seven years after the day on which the amending Act is assented to.

  • 2013, c. 24, s. 101

PART V.1[Repealed, 2019, c. 13, s. 84]

 [Repealed, 2019, c. 13, s. 84]

 [Repealed, 2019, c. 13, s. 84]

 [Repealed, 2019, c. 13, s. 68]

 [Repealed, 2019, c. 13, s. 84]

 [Repealed, 2019, c. 13, s. 84]

 [Repealed, 2019, c. 13, s. 84]

 [Repealed, 2019, c. 13, s. 84]

 [Repealed, 2019, c. 13, s. 84]

 [Repealed, 2019, c. 13, s. 84]

 [Repealed, 2019, c. 13, s. 84]

PART VIAid of the Civil Power

Marginal note:Definition of attorney general

 For the purposes of this Part, attorney general means the attorney general of any province, the acting attorney general of a province or any minister of a government of a province who performs for the time being the duties of a provincial attorney general.

  • R.S., c. N-4, s. 232

Marginal note:Riot or disturbance

 The Canadian Forces, any unit or other element thereof and any officer or non-commissioned member, with materiel, are liable to be called out for service in aid of the civil power in any case in which a riot or disturbance of the peace, beyond the powers of the civil authorities to suppress, prevent or deal with and requiring that service, occurs or is, in the opinion of an attorney general, considered as likely to occur.

  • R.S., 1985, c. N-5, s. 275
  • R.S., 1985, c. 31 (1st Supp.), s. 60

Marginal note:Exception in case of certain reserves

 Nothing in this Part shall be deemed to impose liability to serve in aid of the civil power, without his consent, on an officer or non-commissioned member of the reserve force who is, by virtue of the terms of his enrolment, liable to perform duty on active service only.

  • R.S., 1985, c. N-5, s. 276
  • R.S., 1985, c. 31 (1st Supp.), s. 60

Marginal note:Attorney general of province may requisition aid

 Where a riot or disturbance occurs or is considered as likely to occur, the attorney general of the province in which the place where the riot or disturbance occurs or is considered as likely to occur is situated, on the initiative of the attorney general or on the receipt of notification from a judge of a superior, county or district court having jurisdiction in the place that the services of the Canadian Forces are required in aid of the civil power, may, by requisition in writing addressed to the Chief of the Defence Staff, require the Canadian Forces, or such part thereof as the Chief of the Defence Staff or such officer as the Chief of the Defence Staff may designate considers necessary, to be called out on service in aid of the civil power.

  • R.S., c. N-4, s. 235

Marginal note:Call out of Canadian Forces

 On receiving a requisition in writing made by an attorney general under section 277, the Chief of the Defence Staff, or such officer as the Chief of the Defence Staff may designate, shall, subject to such directions as the Minister considers appropriate in the circumstances and in consultation with that attorney general and the attorney general of any other province that may be affected, call out such part of the Canadian Forces as the Chief of the Defence Staff or that officer considers necessary for the purpose of suppressing or preventing any actual riot or disturbance or any riot or disturbance that is considered as likely to occur.

  • R.S., 1985, c. N-5, s. 278
  • 2004, c. 15, s. 79

Marginal note:Form of requisition

 A requisition of an attorney general under this Part may be in the following form, or to the like effect, and the form may, subject to section 280, be varied to suit the facts of the case:

Province of

To Wit

Whereas information has been received by me from responsible persons (or a notification has been received by me from a judge of a (superior) (county) (district) court having jurisdiction in blank line) that a riot or disturbance of the peace beyond the powers of the civil authorities to suppress (or to prevent or to deal with) and requiring the aid of the Canadian Forces to that end has occurred and is in progress (or is considered as likely to occur) at blank line;

And whereas it has been made to appear to my satisfaction that the Canadian Forces are required in aid of the civil power;

Now therefore I, blank line, the Attorney General of blank line, under and by virtue of the powers conferred by the National Defence Act, do hereby require you to call out the Canadian Forces or such part thereof as you consider necessary for the purpose of suppressing (or preventing or dealing with) the riot or disturbance.

Dated at blank line, this blank line day of blank line, 19blank line.

Attorney General

  • R.S., 1985, c. N-5, s. 279
  • R.S., 1985, c. 22 (4th Supp.), s. 75

Marginal note:What requisition must state

  •  (1) In a requisition made under this Part, it shall be stated that

    • (a) information has been received by the attorney general from responsible persons, or a notification has been received by the attorney general from a judge, that a riot or disturbance beyond the powers of the civil authorities to suppress or to prevent or to deal with, as the case may be, has occurred or is considered as likely to occur and that the Canadian Forces are required in aid of the civil power; and

    • (b) it has been made to appear to the satisfaction of the attorney general that the Canadian Forces are so required.

  • (2) [Repealed, R.S., 1985, c. 22 (4th Supp.), s. 76]

  • Marginal note:Province bound by statements, undertakings and promises in requisition

    (3) Every statement of fact contained in a requisition made under this Part is conclusive and binding on the province on behalf of which the requisition is made, and every undertaking or promise in the requisition is binding on the province and not open to question or dispute by reason of alleged incompetence or lack of authority on the part of the attorney general or for any other reason.

  • Marginal note:Statement not open to dispute

    (4) A statement of fact contained in a requisition made under this Part is not open to dispute by the Chief of the Defence Staff.

  • R.S., 1985, c. N-5, s. 280
  • R.S., 1985, c. 22 (4th Supp.), s. 76
 
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