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

Marginal note:Aid to intending deserters or absentees

300 Every person who, knowing that an officer or non-commissioned member is about to desert or absent himself without leave, aids or assists the officer or non-commissioned member in attempting to desert or absent himself without leave is guilty of an offence and liable, on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for any term not exceeding twelve months or to both.

Marginal note:Miscellaneous offences

301 Every person who

• (a) wilfully obstructs, impedes or otherwise interferes with any other person in the execution of any duty that under this Act or regulations, the other person is required to perform,

• (b) counsels any other person not to perform any duty that, under this Act or regulations, the other person is required to perform,

• (c) does an act to the detriment of any other person in consequence of the other person having performed a duty that, under this Act or regulations, the other person is required to perform,

• (d) interferes with or impedes, directly or indirectly, the recruiting of the Canadian Forces,

• (e) wilfully produces any disease or infirmity in, maims or injures himself or any other person with a view to enabling himself or the other person to avoid service in the Canadian Forces,

• (f) with intent to enable any other person to render himself, or to induce the belief that the other person is, permanently or temporarily unfit for service in the Canadian Forces, supplies to or for the other person any drug or preparation calculated or likely to render the other person, or lead to the belief that the other person is, permanently or temporarily unfit for that service, or

• (g) gives or receives, or is in any way concerned in the giving or receiving, of any valuable consideration in respect of enrolment, release or promotion in the Canadian Forces,

is guilty of an offence and liable, on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for any term not exceeding twelve months or to both.

Marginal note:Offences of contempt

302 Every person is guilty of an offence and liable, on summary conviction, to a fine of not more than five hundred dollars or to imprisonment for a term of not more than six months or to both, where the person

• (a) on being duly summoned as a witness under Part II, III or IV makes default in attending;

• (b) being in attendance as a witness in any proceeding under Part II, III or IV,

  • (i) refuses to take an oath or make a solemn affirmation legally required of that person,

  • (ii) refuses to produce any document or thing under that person’s control and required to be produced by that person, or

  • (iii) refuses to answer any question that requires an answer;

• (c) at any proceeding under Part II, III or IV, uses insulting or threatening language or causes any interference or disturbance;

• (d) prints observations or uses words likely to bring a proceeding under Part II, III or IV into disrepute or likely to influence improperly a board of inquiry, the Grievances Committee, the Military Judges Inquiry Committee, a court martial, a military judge, an officer conducting a summary hearing, a commissioner taking evidence under this Act, the Military Police Complaints Commission, an inquiry committee established under the regulations or a witness at a proceeding under Part II, III or IV; or

• (e) displays contempt, in any other manner whatever, at any proceeding under Part II, III or IV.

Marginal note:Publication prohibited

• 303 (1) No person shall publish in any document, or broadcast or transmit in any way, any of the following:

  • (a) the contents of an application made under section 180.03;

  • (b) any evidence taken, information given or submissions made at a hearing under subsection 180.04(1) or 180.06(2);

  • (c) the determination of a military judge in respect of the making of an order under subsection 180.05(1) or 180.07(1) and the reasons provided under section 180.08, unless the military judge, after taking into account the interests of military justice and the right to privacy of the person to whom the record relates, orders that the determination and the reasons may be published, broadcast or transmitted.

• Marginal note:Offence

  (2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.

• Marginal note:Definition of record

  (3) In this section, record has the same meaning as in section 180.01.

Marginal note:Failure to comply — orders under sections 183.5 and 183.6

• 303.1 (1) Every person who fails to comply with an order made under section 183.5 or 183.6 is guilty of an offence punishable on summary conviction.

• Marginal note:Application of order

  (2) For greater certainty, an order referred to in subsection (1) applies to prohibit, in relation to proceedings taken against any person who fails to comply with the order, the publication in any document or the broadcasting or transmission in any way of information that could identify a victim, witness or military justice system participant whose identity is protected by the order.

Marginal note:Breach of regulations respecting quartering, billeting and encamping

304 Every person who contravenes regulations respecting the quartering, billeting and encamping of a unit or other element of the Canadian Forces or of an officer or non-commissioned member is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars.

Marginal note:Improper exaction of tolls

305 Every person who receives or demands a duty or toll in contravention of section 261 is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding three months or to both.

Marginal note:Failure to comply with convoy orders

306 Every person who fails to comply with directions given under section 262 is guilty of an offence and liable, on summary conviction, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding twelve months or to both.

Marginal note:Applications for employment

307 Every person who uses or authorizes the use of an application form, for or relating to any of the following matters, that contains a question that by its terms requires the applicant to disclose a conviction for an offence referred to in paragraph 249.27(1)(a) or (b) is guilty of an offence and liable on summary conviction to a fine of not more than $500 or to imprisonment for a term of not more than six months, or to both:

• (a) employment in any department set out in Schedule I to the Financial Administration Act;

• (b) employment by any Crown corporation, as defined in subsection 83(1) of the Financial Administration Act;

• (c) enrolment in the Canadian Forces; or

• (d) employment in or in connection with the operation of any work, undertaking or business that is within the legislative authority of Parliament.