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

Marginal note:Imprisonment for shorter term

140 Every person who, on conviction of a service offence, is liable to imprisonment for life, other than as a minimum punishment, or for a term of years or other term may be sentenced to imprisonment for a shorter term.

Marginal note:Dismissal as accompanying punishment

• 140.1 (1) Where a court martial imposes a punishment of imprisonment for life or for two years or more on an officer or a non-commissioned member, the court martial may in addition, notwithstanding any other provision of this Division, impose a punishment of dismissal with disgrace from Her Majesty’s service or a punishment of dismissal from Her Majesty’s service.

• Marginal note:Dismissal as accompanying punishment

  (2) Where a court martial imposes a punishment of imprisonment for less than two years on an officer or a non-commissioned member, the court martial may in addition, notwithstanding any other provision of this Division, impose a punishment of dismissal from Her Majesty’s service.

Marginal note:Reduction in rank as accompanying punishment

140.2 Where a court martial imposes a punishment of imprisonment on an officer or a non-commissioned member, the court martial may in addition, notwithstanding any other provision of this Division, impose a punishment of reduction in rank, that may be

• (a) in the case of an officer, to the lowest commissioned rank; and

• (b) in the case of a non-commissioned member, to the lowest rank to which under the regulations the non-commissioned member can be reduced.

140.3 [Repealed, 2013, c. 24, s. 19]

140.4 [Repealed, 2013, c. 24, s. 19]

Marginal note:Dismissal with disgrace

• 141 (1) If a court martial imposes a punishment of dismissal with disgrace from Her Majesty’s service on an officer or non-commissioned member, it may, in addition, despite any other provision of this Division, impose a punishment of imprisonment for less than two years.

• Marginal note:Effective date of dismissal

  (1.1) A punishment of dismissal with disgrace from Her Majesty’s service or dismissal from Her Majesty’s service is deemed to be carried out as of the date on which the release of an officer or a non-commissioned member from the Canadian Forces is effected.

• Marginal note:Consequences

  (2) A person on whom a punishment of dismissal with disgrace from Her Majesty’s service has been carried out is not, except in an emergency or unless that punishment is subsequently set aside or altered, eligible to serve Her Majesty again in any military or civil capacity.

Marginal note:Detention

• 142 (1) The punishment of detention is subject to the following conditions:

  • (a) detention may not exceed ninety days and a person sentenced to detention may not be subject to detention for more than ninety days consecutively by reason of more than one conviction; and

  • (b) no officer may be sentenced to detention.

• Marginal note:Reduction in rank during detention

  (2) A non-commissioned member above the rank of private who is sentenced to detention is deemed to be reduced to the rank of private until the sentence of detention is completed.

Marginal note:Reduction in rank

• 143 (1) The punishment of reduction in rank applies to officers above the rank of second lieutenant and to non-commissioned members above the rank of private.

• Marginal note:Restrictions

  (2) The punishment of reduction in rank does not

  • (a) involve reduction to a rank lower than that to which under regulations the offender can be reduced; and

  • (b) in the case of a commissioned officer, involve reduction to a rank lower than commissioned rank.

Marginal note:Forfeiture of seniority

144 Where a court martial imposes a punishment of forfeiture of seniority on an officer or non-commissioned member, the court martial shall in passing sentence specify the period for which seniority is to be forfeited.

Marginal note:Fine

• 145 (1) A fine must be imposed in a stated amount.

• Marginal note:Terms of payment

  (2) The terms of payment of a fine are in the discretion of the court martial that imposes the fine.

• Marginal note:Variation of terms of payment

  (3) The terms of payment of a fine may be varied by the military judge who imposed the fine or a military judge designated by the Chief Military Judge.

Marginal note:Civil enforcement of fines

• 145.1 (1) If an offender is in default of payment of a fine, the Minister may, in addition to any other method provided by law for recovering the fine, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in any court in Canada that has jurisdiction to enter a judgment for that amount.

• Marginal note:Effect of filing order

  (2) A judgment that is entered under this section is enforceable in the same manner as if it were a judgment obtained by the Minister in civil proceedings.

Marginal note:Minor punishments

146 Minor punishments shall be such as are prescribed in regulations made by the Governor in Council.

147 [Repealed, 2019, c. 15, s. 15]

Prohibition Orders

Marginal note:Prohibition order

• 147.1 (1) If a court martial considers it desirable, in the interests of the safety of an offender or of any other person, it shall — in addition to any other punishment that may be imposed for the offence — make an order prohibiting the offender from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, on convicting or discharging absolutely the offender of

  • (a) an offence in the commission of which violence against a person was used, threatened or attempted;

  • (b) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance;

  • (c) an offence relating to the contravention of any of sections 5 to 7 of the Controlled Drugs and Substances Act;

  • (c.1) an offence relating to the contravention of any of sections 9 to 14 of the Cannabis Act; or

  • (d) an offence that is punishable under section 130 and that is described in paragraph 109(1)(b) of the Criminal Code.

• Marginal note:Duration of prohibition order

  (2) An order made under subsection (1) begins on the day the order is made and ends on the day specified in the order.

• Marginal note:Application of order

  (3) Unless it specifies otherwise, an order made under subsection (1) does not prohibit an officer or a non-commissioned member from possessing any thing necessary for the performance of their duties.

• Marginal note:Notification

  (4) A court martial that makes an order under subsection (1) shall without delay cause the Registrar of Firearms appointed under section 82 of the Firearms Act to be notified of the order.

Marginal note:Requirement to surrender

147.2 A court martial that makes an order under subsection 147.1(1) may, in the order, require the offender against whom the order is made to surrender to a member of the military police or to the offender’s commanding officer

• (a) any thing the possession of which is prohibited by the order that is in the possession of the offender on the commencement of the order; and

• (b) every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by the order that is held by the offender on the commencement of the order.

The court martial shall specify in the order a reasonable period for surrendering the thing or document, and during that period section 117.01 of the Criminal Code does not apply to the offender.

Marginal note:Forfeiture

• 147.3 (1) Unless an order made under subsection 147.1(1) specifies otherwise, every thing the possession of which is prohibited by the order that, on the commencement of the order, is in the possession of the person against whom the order is made is forfeited to Her Majesty.

• Marginal note:Disposal

  (2) Every thing forfeited to Her Majesty under subsection (1) shall be disposed of or otherwise dealt with as the Minister directs.

Marginal note:Authorizations revoked or amended

147.4 Every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by an order made under subsection 147.1(1) and issued to a person against whom the order is made is, on the commencement of the order, revoked, or amended, as the case may be, to the extent of the prohibitions in the order.

Marginal note:Return to owner

147.5 Where the Minister is, on application for an order under this section, satisfied that a person, other than the person against whom an order under subsection 147.1(1) was made,

• (a) is the owner of any thing that is or may be forfeited to Her Majesty under subsection 147.3(1) and is lawfully entitled to possess it, and

• (b) had no reasonable grounds to believe that the thing would or might be used in the commission of the offence in respect of which the order was made,

the Minister shall order that the thing be returned to the owner or the proceeds of any sale of the thing be paid to that owner, or, if the thing was destroyed, that an amount equal to the value of the thing be paid to the owner.

Order to Abstain from Communicating

Marginal note:If injury or damage feared

• 147.6 (1) An information may, in accordance with regulations made by the Governor in Council, be laid before a military judge by or on behalf of any victim who fears on reasonable grounds that a person who is subject to the Code of Service Discipline will cause physical or emotional harm to the victim, to the victim’s spouse, to a person who is cohabiting with the victim in a conjugal relationship, having so cohabited for a period of at least one year, or to the victim’s child or will cause damage to the victim’s property.

• Marginal note:Parties to appear

  (2) The military judge who receives the information shall cause the parties to appear before the military judge, either in person or otherwise.

• Marginal note:Order

  (3) The military judge may, if satisfied by the evidence that there are reasonable grounds for the victim’s fears, order that the person who is subject to the Code of Service Discipline and who is referred to in the information

  • (a) abstain from communicating, directly or indirectly, with any of the following individuals who are specified in the order:

    • (i) the victim,

    • (ii) the victim’s spouse,

    • (iii) a person who is cohabiting with the victim in a conjugal relationship, having so cohabited for a period of at least one year,

    • (iv) the victim’s child;

  • (b) refrain from going to any place specified in the order; or

  • (c) comply with any other condition specified in the order that the military judge considers necessary.

• Marginal note:Absence of military judge

  (4) If, for operational reasons, no military judge is available, the information may be laid before a commanding officer and, if it is so laid, that commanding officer has all the powers of a military judge that are set out in subsection (3).

• Marginal note:Review

  (5) Every decision of a commanding officer to make or not make an order under subsection (3) must be reviewed as soon as feasible by a military judge. The military judge may, at the conclusion of the review, amend any order that was made and, if none was made, make any order under that subsection.

Intermittent Sentences

Marginal note:Imprisonment or detention

• 148 (1) A court martial that sentences an offender to imprisonment or detention for a period of 14 days or less may, on application of the offender and having regard to the offender’s age and character, the nature of the offence and the circumstances surrounding its commission, and the availability of appropriate accommodation to ensure compliance with the sentence, order

  • (a) that the sentence be served intermittently at the times specified in the order; and

  • (b) that the offender comply with any conditions prescribed in the order when the offender is not in confinement during the period during which the sentence is served.

• Marginal note:Application to vary intermittent sentence

  (2) An offender who is ordered to serve a sentence intermittently may apply to have the sentence served on consecutive days by applying to a military judge after giving notice to the Director of Military Prosecutions.

• Marginal note:New sentence of imprisonment or detention

  (3) If a court martial imposes a sentence of imprisonment or detention on an offender who is subject to an intermittent sentence in respect of another offence, the unexpired portion of the intermittent sentence is to be served on consecutive days unless the court martial orders otherwise.

• Marginal note:Hearing into breach of conditions

  (4) On application by a representative of the Canadian Forces who is a member of a class designated for that purpose by regulations made by the Governor in Council, a determination of whether an offender has breached a condition imposed under paragraph (1)(b) may be made by a military judge.

• Marginal note:Consequences of breach

  (5) If a military judge determines, after giving the offender and the applicant an opportunity to make representations, that the offender has breached a condition, the military judge may

  • (a) revoke the order made under subsection (1) and order that the offender serve the sentence on consecutive days; or

  • (b) vary any conditions imposed under paragraph (1)(b) and substitute or add other conditions as the military judge sees fit.