GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
National Defence Act — N-5 252
Definition of justice 252 (1) For the purposes of this section and sections 253 and 254, justice means a justice as defined in the Criminal Code . 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. 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. 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
National Defence Act — N-5 253
Disposal of person brought before justice 253 (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. 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. 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). 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
National Defence Act — N-5 254
Delivery by constable into service custody 254 (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. 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
National Defence Act — N-5 255
Transmission of certificate where person tried civilly 255 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
National Defence Act — N-5 256
Execution of warrants 256 (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
National Defence Act — N-5 257
Authorization by Minister 257 (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. Notice (2) Notice of manoeuvres shall, by appropriate publication, be given to the inhabitants of any area concerned. 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. 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. 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
National Defence Act — N-5 258 and 259
258 and 259 [Repealed, R.S., 1985, c. 22 (4th Supp.), s. 74]
National Defence Act — N-5 260
Compensation 260 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
National Defence Act — N-5 261
Duties or tolls on roads, bridges, etc. 261 (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. 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
National Defence Act — N-5 262
Master of merchant ship to obey convoying officer 262 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
National Defence Act — N-5 263
Crown may claim for salvage services 263 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
National Defence Act — N-5 264
Consent of Minister to salvage claim 264 (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. 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. 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. 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
National Defence Act — N-5 265
Minister may accept offers of settlement 265 (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. 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
National Defence Act — N-5 267
Restriction of execution against officers and non-commissioned members 267 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
National Defence Act — N-5 268
Exemption from jury service 268 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
National Defence Act — N-5 269
Limitation or prescription period 269 (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). 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. 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
National Defence Act — N-5 270
Actions barred 270 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
National Defence Act — N-5 271
Compensation to certain public service employees 271 (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. 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)
National Defence Act — N-5 272
Arrest of dependants 272 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
National Defence Act — N-5 273
Offences committed outside Canada 273 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
National Defence Act — N-5 273.1
Regulations 273.1 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
National Defence Act — N-5 273.2
Searches 273.2 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
National Defence Act — N-5 273.3
Warrant by commanding officer 273.3 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
National Defence Act — N-5 273.4
Investigating commanding officer 273.4 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
National Defence Act — N-5 273.5
Military police 273.5 Section 273.3 does not apply to a commanding officer of a military police unit. R.S., 1985, c. 31 (1st Supp.), s. 59
National Defence Act — N-5 273.6
Public service 273.6 (1) Subject to subsection (2), the Governor in Council or the Minister may authorize the Canadian Forces to perform any duty involving public service. 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. 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. 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
National Defence Act — N-5 273.601
Review 273.601 (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. 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. 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
National Defence Act — N-5 274
Definition of attorney general 274 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
National Defence Act — N-5 275
Riot or disturbance 275 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
National Defence Act — N-5 276
Exception in case of certain reserves 276 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
National Defence Act — N-5 277
Attorney general of province may requisition aid 277 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
National Defence Act — N-5 278
Call out of Canadian Forces 278 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