GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
National Defence Act — N-5 (a)
serious personal injury offence means (a) a serious offence, or an offence referred to in section 77, 86, 87, 92, 95, 113, 120, 124 or 127, involving (i) the use or attempted use of violence against another person, or (ii) conduct endangering or likely to endanger the life or safety of another person or inflicting or likely to inflict severe psychological damage upon another person, or (b) an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 271, 272 or 273 of the Criminal Code , or an attempt to commit such an offence; ( infraction grave contre la personne )
National Defence Act — N-5
service convict means a person who is under a sentence that includes a punishment of imprisonment for life or for two years or more imposed on that person pursuant to the Code of Service Discipline; ( condamné militaire )
National Defence Act — N-5
service custody means the holding under arrest or in confinement of a person by the Canadian Forces, and includes confinement in a service prison or detention barrack; ( garde militaire )
National Defence Act — N-5
service detainee means a person who is under a sentence that includes a punishment of detention imposed on that person pursuant to the Code of Service Discipline; ( détenu militaire )
National Defence Act — N-5
service infraction means a service infraction created by regulations made by the Governor in Council; ( manquement d’ordre militaire )
National Defence Act — N-5
service offence means an offence under this Act, the Criminal Code or any other Act of Parliament, committed by a person while subject to the Code of Service Discipline; ( infraction d’ordre militaire )
National Defence Act — N-5
service prison means a place designated as such under subsection 205(1); ( prison militaire )
National Defence Act — N-5
service prisoner means a person who is under a sentence that includes a punishment of imprisonment for less than two years imposed on that person pursuant to the Code of Service Discipline; ( prisonnier militaire )
National Defence Act — N-5
service tribunal [Repealed, 2019, c. 15, s. 2]
National Defence Act — N-5
special force means such component of the Canadian Forces as may be established pursuant to subsection 16(1); ( force spéciale )
National Defence Act — N-5
summary hearing means a hearing conducted under section 163; ( audience sommaire )
National Defence Act — N-5
summary trial [Repealed, 2019, c. 15, s. 2]
National Defence Act — N-5
superior officer means any officer or non-commissioned member who, in relation to any other officer or non-commissioned member, is by this Act, or by regulations or custom of the service, authorized to give a lawful command to that other officer or non-commissioned member; ( supérieur )
National Defence Act — N-5 (a)
terrorism offence means (a) an offence under any of sections 83.02 to 83.04 or 83.18 to 83.23 of the Criminal Code , (b) an offence under this Act for which the maximum punishment is imprisonment for five years or more, or an offence punishable under section 130 that is an indictable offence under the Criminal Code or any other Act of Parliament, that is committed for the benefit of, at the direction of or in association with a terrorist group, (c) an offence under this Act for which the maximum punishment is imprisonment for five years or more, or an offence punishable under section 130 that is an indictable offence under the Criminal Code or any other Act of Parliament, where the act or omission constituting the offence also constitutes a terrorist activity, or (d) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a), (b) or (c); ( infraction de terrorisme )
National Defence Act — N-5
terrorist activity has the same meaning as in subsection 83.01(1) of the Criminal Code ; ( activité terroriste )
National Defence Act — N-5
terrorist group has the same meaning as in subsection 83.01(1) of the Criminal Code ; ( groupe terroriste )
National Defence Act — N-5 (a)
unfit to stand trial means unable on account of mental disorder to conduct a defence at any stage of a trial by court martial before a finding is made or to instruct counsel to do so, and in particular, unable on account of mental disorder to (a) understand the nature or object of the proceedings, (b) understand the possible consequences of the proceedings, or (c) communicate with counsel; ( inaptitude à subir son procès )
National Defence Act — N-5
unit means an individual body of the Canadian Forces that is organized as such pursuant to section 17, with the personnel and materiel thereof; ( unité )
National Defence Act — N-5
victim means a person against whom a service offence has been committed, or is alleged to have been committed, who has suffered, or is alleged to have suffered, physical or emotional harm, property damage or economic loss as a result of the commission or alleged commission of the offence and includes, for the purposes of Division 1.1 of Part III and sections 202.201, 203.6 and 203.7, a person who has suffered physical or emotional harm, property damage or economic loss as a result of the commission of a service offence against any other person. ( victime )
National Defence Act — N-5 3
Formation of department 3 There is hereby established a department of the Government of Canada called the Department of National Defence over which the Minister of National Defence appointed by commission under the Great Seal shall preside. R.S., c. N-4, s. 3
National Defence Act — N-5 4
Duties 4 The Minister holds office during pleasure, has the management and direction of the Canadian Forces and of all matters relating to national defence and is responsible for (a) the construction and maintenance of all defence establishments and works for the defence of Canada; and (b) research relating to the defence of Canada and to the development of and improvements in materiel. R.S., 1985, c. N-5, s. 4; R.S., 1985, c. 6 (4th Supp.), s. 10
National Defence Act — N-5 5
Designation of person to execute Minister’s functions 5 The Governor in Council, on the recommendation of the Minister, may designate any other person in addition to the Minister to exercise any power or perform any duty or function that is vested in or that may be exercised or performed by the Minister under this Act. R.S., c. N-4, s. 5
National Defence Act — N-5 6
Associate Minister 6 The Governor General may, by commission under the Great Seal, appoint an Associate Minister of National Defence to hold office during pleasure and to exercise and perform such powers, duties and functions of the Minister as may be assigned to the Associate Minister by the Governor in Council. R.S., c. N-4, s. 6
National Defence Act — N-5 7
Appointment 7 There shall be a Deputy Minister of National Defence who shall be appointed by the Governor in Council to hold office during pleasure. R.S., c. N-4, s. 7
National Defence Act — N-5 8
Associate Deputy Ministers 8 The Governor in Council may appoint not more than three Associate Deputy Ministers of National Defence, each of whom shall have the rank and status of a deputy head of a department and as such shall, under the Minister and the Deputy Minister, exercise and perform such powers, duties and functions as deputy of the Minister and otherwise as the Minister may specify. R.S., c. N-4, s. 8
National Defence Act — N-5 9
Appointment 9 (1) The Governor in Council may appoint an officer who is a barrister or advocate with at least ten years standing at the bar of a province to be the Judge Advocate General of the Canadian Forces. Tenure of office (2) The Judge Advocate General holds office during pleasure for a term not exceeding four years. Re-appointment (3) The Judge Advocate General is eligible to be re-appointed on the expiry of a first or subsequent term of office. R.S., 1985, c. N-5, s. 9; 1998, c. 35, s. 2
National Defence Act — N-5 9.1
Legal adviser 9.1 The Judge Advocate General acts as legal adviser to the Governor General, the Minister, the Department and the Canadian Forces in matters relating to military law. 1998, c. 35, s. 2
National Defence Act — N-5 9.2
Superintendence of military justice 9.2 (1) The Judge Advocate General has the superintendence of the administration of military justice in the Canadian Forces. Regular reviews (2) The Judge Advocate General shall conduct, or cause to be conducted, regular reviews of the administration of military justice. 1998, c. 35, s. 2
National Defence Act — N-5 9.3
Responsible to Minister 9.3 (1) The Judge Advocate General is responsible to the Minister in the performance of the Judge Advocate General’s duties and functions. Annual report (2) The Judge Advocate General shall report annually to the Minister on the administration of military justice in the Canadian Forces. Tabling in Parliament (3) The Minister shall have a copy of the report laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives it. 1998, c. 35, s. 2
National Defence Act — N-5 9.4
Rank 9.4 The Judge Advocate General holds a rank that is not less than brigadier-general. 1998, c. 35, s. 2
National Defence Act — N-5 10
Authority to act for Judge Advocate General 10 The powers of the Judge Advocate General may be exercised, and the duties and functions of the Judge Advocate General may be performed, by any other officer who has the qualifications set out in subsection 9(1) that the Minister may authorize to act for the Judge Advocate General for that purpose. R.S., 1985, c. N-5, s. 10; 1998, c. 35, s. 2
National Defence Act — N-5 10.1
Non-derogation 10.1 For greater certainty, section 9.1 is not in derogation of the authority of the Minister of Justice and Attorney General of Canada under the Department of Justice Act . 1998, c. 35, s. 2
National Defence Act — N-5 11
Delivery of materiel for sale or disposal 11 The Governor in Council may authorize the Minister to deliver to any department or agency of the Government of Canada, for sale or disposal to any countries or international welfare organizations and on any terms that the Governor in Council may determine, any materiel that has not been declared surplus and is not immediately required for the use of the Canadian Forces or for any other purpose under this Act. R.S., 1985, c. N-5, s. 11; 1998, c. 35, s. 3
National Defence Act — N-5 12
Power of Governor in Council to make regulations 12 (1) The Governor in Council may make regulations for the organization, training, discipline, efficiency, administration and good government of the Canadian Forces and generally for carrying the purposes and provisions of this Act into effect. Minister’s power to make regulations (2) Subject to section 13 and any regulations made by the Governor in Council, the Minister may make regulations for the organization, training, discipline, efficiency, administration and good government of the Canadian Forces and generally for carrying the purposes and provisions of this Act into effect. Treasury Board’s power to make regulations (3) The Treasury Board may make regulations (a) prescribing the rates and conditions of issue of pay of military judges, the Director of Military Prosecutions and the Director of Defence Counsel Services; (b) prescribing the forfeitures and deductions to which the pay and allowances of officers and non-commissioned members are subject; and (c) providing for any matter concerning the pay, allowances and reimbursement of expenses of officers and non-commissioned members for which the Treasury Board considers regulations are necessary or desirable to carry out the purposes or provisions of this Act. Retroactive effect (4) Regulations made under paragraph (3)(a) may, if they so provide, have retroactive effect. However, regulations that prescribe the rates and conditions of issue of pay of military judges may not have effect (a) in the case of an inquiry under section 165.34, before the day referred to in subsection 165.34(3) on which the inquiry that leads to the making of the regulations is to commence; or (b) in the case of an inquiry under section 165.35, before the day on which the inquiry that leads to the making of the regulations commences. R.S., 1985, c. N-5, s. 12; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 4; 2013, c. 24, s. 3
National Defence Act — N-5 13
Limitation on Minister’s power 13 Where in any section of this Act, other than section 12, there is express reference to regulations made or prescribed by the Governor in Council or the Treasury Board in respect of any matter, the Minister does not have power to make regulations pertaining to that matter. R.S., c. N-4, s. 13
National Defence Act — N-5 13.1
Military Police Professional Code of Conduct 13.1 The Governor in Council may make regulations, to be known as the Military Police Professional Code of Conduct , to govern the conduct of members of the military police. 1998, c. 35, s. 5
National Defence Act — N-5 14
Canadian Forces 14 The Canadian Forces are the armed forces of Her Majesty raised by Canada and consist of one Service called the Canadian Armed Forces. R.S., c. N-4, s. 14
National Defence Act — N-5 15
Regular force 15 (1) There shall be a component of the Canadian Forces, called the regular force, that consists of officers and non-commissioned members who are enrolled for continuing, full-time military service. Composition of regular force (2) The maximum numbers of officers and non-commissioned members in the regular force shall be as authorized by the Governor in Council, and the regular force shall include such units and other elements as are embodied therein. Reserve force (3) There shall be a component of the Canadian Forces, called the reserve force, that consists of officers and non-commissioned members who are enrolled for other than continuing, full-time military service when not on active service. Composition of reserve force (4) The maximum numbers of officers and non-commissioned members in the reserve force shall be as authorized by the Governor in Council, and the reserve force shall include such units and other elements as are embodied therein. R.S., 1985, c. N-5, s. 15; R.S., 1985, c. 31 (1st Supp.), s. 60
National Defence Act — N-5 16
Special force 16 (1) In an emergency, or if considered desirable in consequence of any action undertaken by Canada under the United Nations Charter or the North Atlantic Treaty, the North American Aerospace Defence Command Agreement or any other similar instrument to which Canada is a party, the Governor in Council may establish and authorize the maintenance of a component of the Canadian Forces, called the special force, consisting of (a) officers and non-commissioned members of the regular force who are placed in the special force under conditions prescribed in regulations; (b) officers and non-commissioned members of the reserve force who, being on active service or having applied and been accepted for continuing, full-time military service, are placed in the special force under conditions prescribed in regulations; and (c) officers and non-commissioned members not of the regular force or the reserve force who are enrolled in the special force for continuing, full-time military service. Composition of special force (2) The maximum numbers of officers and non-commissioned members in the special force shall be as authorized by the Governor in Council, and the special force shall include such units and other elements as are embodied therein. R.S., 1985, c. N-5, s. 16; R.S., 1985, c. 31 (1st Supp.), s. 60; 2004, c. 15, s. 75
National Defence Act — N-5 17
Organization 17 (1) The Canadian Forces shall consist of those of the following elements that are from time to time organized by or under the authority of the Minister: (a) commands, including the Royal Canadian Navy, the Canadian Army and the Royal Canadian Air Force; (b) formations; (c) units; and (d) other elements. Components (2) A unit or other element organized under subsection (1), other than a command or a formation, shall from time to time be embodied in a component of the Canadian Forces as directed by or under the authority of the Minister. R.S., 1985, c. N-5, s. 17; 2014, c. 20, s. 168
National Defence Act — N-5 18
Appointment, rank and duties of Chief of Defence Staff 18 (1) The Governor in Council may appoint an officer to be the Chief of the Defence Staff, who shall hold such rank as the Governor in Council may prescribe and who shall, subject to the regulations and under the direction of the Minister, be charged with the control and administration of the Canadian Forces. Responsibility and channels of communication (2) Unless the Governor in Council otherwise directs, all orders and instructions to the Canadian Forces that are required to give effect to the decisions and to carry out the directions of the Government of Canada or the Minister shall be issued by or through the Chief of the Defence Staff. R.S., c. N-4, s. 18
National Defence Act — N-5 18.1
Vice Chief of the Defence Staff 18.1 There shall be an officer appointed by the Chief of the Defence Staff to be the Vice Chief of the Defence Staff. 1998, c. 35, s. 6
National Defence Act — N-5 18.2
Absence or incapacity of Chief of the Defence Staff 18.2 In the event of the absence or incapacity of the Chief of the Defence Staff, the Vice Chief of the Defence Staff, or any other officer that is specified by the Minister or the Chief of the Defence Staff, has the control and administration of the Canadian Forces. 1998, c. 35, s. 6
National Defence Act — N-5 18.3
Appointment 18.3 (1) The Chief of the Defence Staff may appoint an officer who has been a member of the military police for at least 10 years to be the Canadian Forces Provost Marshal (in this Act referred to as the “Provost Marshal”). Rank (2) The Provost Marshal holds a rank that is not less than colonel. Tenure of office and removal (3) The Provost Marshal holds office during good behaviour for a term not exceeding four years. The Chief of the Defence Staff may remove the Provost Marshal from office for cause on the recommendation of an inquiry committee established under regulations made by the Governor in Council. Powers of inquiry committee (4) An inquiry committee has the same powers, rights and privileges — other than the power to punish for contempt — as are vested in a superior court of criminal jurisdiction with respect to (a) the attendance, swearing and examination of witnesses; (b) the production and inspection of documents; (c) the enforcement of its orders; and (d) all other matters necessary or proper for the due exercise of its jurisdiction. Reappointment (5) The Provost Marshal is eligible to be reappointed on the expiry of a first or subsequent term of office. 2013, c. 24, s. 4
National Defence Act — N-5 18.4
Duties and functions 18.4 The Provost Marshal’s responsibilities include (a) investigations conducted by any unit or other element under his or her command; (b) the establishment of selection and training standards applicable to candidates for the military police and the ensuring of compliance with those standards; (c) the establishment of training and professional standards applicable to the military police and the ensuring of compliance with those standards; and (d) investigations in respect of conduct that is inconsistent with the professional standards applicable to the military police or the Military Police Professional Code of Conduct . 2013, c. 24, s. 4
National Defence Act — N-5 18.5
General supervision 18.5 (1) The Provost Marshal acts under the general supervision of the Vice Chief of the Defence Staff in respect of the responsibilities described in paragraphs 18.4(a) to (d). General instructions or guidelines (2) The Vice Chief of the Defence Staff may issue general instructions or guidelines in writing in respect of the responsibilities described in paragraphs 18.4(a) to (d). The Provost Marshal shall ensure that they are available to the public. Specific instructions or guidelines (3) The Vice Chief of the Defence Staff may issue instructions or guidelines in writing in respect of a particular investigation. Availability to public (4) The Provost Marshal shall ensure that instructions and guidelines issued under subsection (3) are available to the public. Exception (5) Subsection (4) does not apply in respect of an instruction or guideline, or of a part of one, if the Provost Marshal considers that it would not be in the best interests of the administration of justice for the instruction or guideline, or that part of it, to be available to the public. 2013, c. 24, s. 4
National Defence Act — N-5 18.6
Annual report 18.6 The Provost Marshal shall, within three months after the end of each fiscal year, submit to the Chief of the Defence Staff a report concerning the activities of the Provost Marshal and the military police during the year. The Chief of the Defence Staff shall submit the report to the Minister. 2013, c. 24, s. 4
National Defence Act — N-5 19
Authority of officers and non-commissioned members 19 The authority and powers of command of officers and non-commissioned members shall be as prescribed in regulations. R.S., 1985, c. N-5, s. 19; R.S., 1985, c. 31 (1st Supp.), s. 60
National Defence Act — N-5 20
Commissioned officers 20 (1) Commissions of officers in the Canadian Forces shall be granted by Her Majesty during pleasure. Officer cadets and non-commissioned members (2) Persons shall be enrolled as officer cadets or as non-commissioned members for indefinite or fixed periods of service as may be prescribed in regulations made by the Governor in Council. When consent of parent or guardian required (3) A person under the age of eighteen years shall not be enrolled without the consent of one of the parents or of the guardian of that person. R.S., 1985, c. N-5, s. 20; R.S., 1985, c. 31 (1st Supp.), s. 60
National Defence Act — N-5 21
Ranks of officers and non-commissioned members 21 (1) For the purposes of this Act, the ranks of the officers and non-commissioned members of the Canadian Forces shall be as set out in the schedule. Designation (2) A person holding a rank set out in the schedule shall use, or be referred to by, a designation of rank prescribed in regulations made by the Governor in Council but only in the circumstances prescribed in those regulations. R.S., 1985, c. N-5, s. 21; R.S., 1985, c. 31 (1st Supp.), s. 60; 2014, c. 20, s. 169
National Defence Act — N-5 22
Numbers in ranks and trade groups 22 The maximum number of persons in each rank and trade group of the Canadian Forces shall be determined as prescribed in regulations made by the Governor in Council. R.S., c. N-4, s. 22
National Defence Act — N-5 23
Obligation to serve 23 (1) The enrolment of a person binds the person to serve in the Canadian Forces until the person is, in accordance with regulations, lawfully released. Oaths and declarations on enrolment (2) Oaths and declarations required on enrolment shall be taken and subscribed before commissioned officers or justices of the peace and shall be in such forms as may be prescribed in regulations. R.S., c. N-4, s. 23
National Defence Act — N-5 24
Consent to transfer 24 No officer or non-commissioned member shall be transferred from the regular force to the reserve force or from the reserve force to the regular force unless the officer or non-commissioned member consents to the transfer. R.S., 1985, c. N-5, s. 24; R.S., 1985, c. 31 (1st Supp.), s. 60
National Defence Act — N-5 25
Effect of receipt of pay if not enrolled 25 A person who, although not enrolled or re-engaged for service, has received pay as an officer or non-commissioned member is, until the person claims to be released and is released, deemed to be an officer or non-commissioned member, as the case may be, of that component of the Canadian Forces through which the pay was received and to be subject to this Act as if the person were such an officer or non-commissioned member duly enrolled or re-engaged for service. R.S., 1985, c. N-5, s. 25; R.S., 1985, c. 31 (1st Supp.), s. 60