GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
National Defence Act — N-5 279
Form of requisition 279 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 ) 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 ; 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, , the Attorney General of , 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 , this day of , 19 . Attorney General R.S., 1985, c. N-5, s. 279; R.S., 1985, c. 22 (4th Supp.), s. 75
National Defence Act — N-5
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 ) 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 ;
National Defence Act — N-5
And whereas it has been made to appear to my satisfaction that the Canadian Forces are required in aid of the civil power;
National Defence Act — N-5
Now therefore I, , the Attorney General of , 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.
National Defence Act — N-5 280
What requisition must state 280 (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] 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. 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
National Defence Act — N-5 281
Inquiry and report by attorney general 281 Where a requisition is made under this Part, the attorney general of the province concerned shall, within seven days after the making of the requisition, cause an inquiry to be made into the circumstances that occasioned the calling out of the Canadian Forces or any part thereof, and the attorney general shall send a report on the circumstances to such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council for the purpose of this section. R.S., 1985, c. N-5, s. 281; 1995, c. 11, s. 44
National Defence Act — N-5 282
When officers and non-commissioned members have powers of constables 282 Officers and non-commissioned members when called out for service in aid of the civil power shall, without further authority or appointment and without taking oath of office, be held to have, in addition to their powers and duties as officers and non-commissioned members, all of the powers and duties of constables, so long as they remain so called out, but they shall act only as a military body and are individually liable to obey the orders of their superior officers. R.S., 1985, c. N-5, s. 282; R.S., 1985, c. 31 (1st Supp.), s. 60
National Defence Act — N-5 283
Duration, increase and diminution of aid of civil power 283 The Canadian Forces or any part thereof called out in aid of the civil power shall remain on duty, in such strength as the Chief of the Defence Staff or such officer as the Chief of the Defence Staff may designate deems necessary or orders, until notification that the Canadian Forces are no longer required in aid of the civil power is received from the attorney general of the province concerned and, from time to time as in the opinion of the Chief of the Defence Staff the exigencies of the situation require, the Chief of the Defence Staff may increase or diminish the number of officers and non-commissioned members called out. R.S., 1985, c. N-5, s. 283; R.S., 1985, c. 31 (1st Supp.), s. 60
National Defence Act — N-5 284
284 [Repealed, R.S., 1985, c. 22 (4th Supp.), s. 77]
National Defence Act — N-5 285
Advances 285 The moneys required to meet the expenses and costs occasioned by the calling out of the Canadian Forces as provided for in this Part and for the services rendered by them shall be paid out of the Consolidated Revenue Fund by the authority of the Governor in Council. R.S., 1985, c. N-5, s. 285; R.S., 1985, c. 22 (4th Supp.), s. 77
National Defence Act — N-5 286
Liability to civil trial 286 (1) Subject to subsection (2), every person, including an officer or non-commissioned member, is liable to be tried in a civil court in respect of any offence prescribed in this Part. Special provision (2) No charge against an officer or non-commissioned member in respect of any offence prescribed in this Part shall, if the complainant is any other officer or non-commissioned member, be tried by a civil court unless the consent thereto in writing of the commanding officer of the accused officer or non-commissioned member has first been obtained. R.S., 1985, c. N-5, s. 286; R.S., 1985, c. 31 (1st Supp.), s. 60
National Defence Act — N-5 287
Limitation period 287 No prosecution in a civil court shall be commenced against a person in respect of an offence prescribed in this Part, other than any of the offences referred to in section 298, except within six months after the date of commission of the offence charged. R.S., c. N-4, s. 244
National Defence Act — N-5 288
Breach of regulations respecting defence establishments, works and materiel 288 Every person who contravenes regulations respecting the access to, exclusion from, and safety and conduct of any persons in, on or about any defence establishment, work for defence or materiel is guilty of an offence and liable, on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding twelve months or to both. R.S., c. N-4, s. 245
National Defence Act — N-5 289
False answer on enrolment 289 Every person who appears before another person for the purpose of being enrolled and knowingly makes a false answer to any question relating to the enrolment put by or by direction of that other person to the person appearing for that purpose 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. R.S., c. N-4, s. 246
National Defence Act — N-5 290
False medical certificate 290 Every medical practitioner who signs a false medical certificate or other document in respect of (a) the examination of a person for the purpose of enrolment, (b) the service or release of an officer or non-commissioned member, or (c) the disability or alleged disability of a person, purported to have arisen or to have been contracted during, in the course of, or as a result of the service of that person as an officer or non-commissioned member, is guilty of an offence and liable, on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding twelve months or to both. R.S., 1985, c. N-5, s. 290; R.S., 1985, c. 31 (1st Supp.), s. 60
National Defence Act — N-5 291
Unlawful usage in advertising, trade or service 291 (1) Every person who uses (a) the words “Canadian Forces” or “Canadian Armed Forces” or the name of any component, unit or other element thereof or any abbreviation thereof or any words or letters likely to be mistaken therefor, (b) any picture or other representation of a member of the Canadian Forces, or (c) any uniform, mark, badge or insignia in use in the Canadian Forces, in any advertising or in any trade or service, having been requested in writing by the Minister to cease that usage, is guilty of an offence punishable on summary conviction. Minister’s consent required for prosecution (2) No proceedings in respect of an offence under this section shall be instituted without the consent of the Minister. R.S., c. N-4, s. 248
National Defence Act — N-5 292
Personation 292 Every person who falsely personates any other person in respect of any duty, act or thing required to be performed or done under this Act by that other person is guilty of an offence and liable, on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding twelve months or to both. R.S., c. N-4, s. 249
National Defence Act — N-5 293
False representation of desertion 293 Every person who falsely represents himself to any military or civil authority to be a deserter from Her Majesty’s Forces 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. R.S., c. N-4, s. 250
National Defence Act — N-5 294
Failure to attend parade 294 (1) Every officer or non-commissioned member of the reserve force who without lawful excuse neglects or refuses to attend any parade or training at the place and hour appointed therefor is guilty of an offence and liable on summary conviction for each offence, if an officer, to a fine not exceeding fifty dollars and, if a non-commissioned member, to a fine not exceeding twenty-five dollars. Each absence an offence (2) Absence from any parade or training referred to in subsection (1) is, in respect of each day on which the absence occurs, a separate offence. R.S., 1985, c. N-5, s. 294; R.S., 1985, c. 31 (1st Supp.), s. 60
National Defence Act — N-5 295
Neglecting personal equipment 295 Every officer or non-commissioned member of the reserve force who fails to keep in proper order any personal equipment or who appears on parade or on any other occasion with the personal equipment of that officer or non-commissioned member out of proper order, unserviceable or deficient in any respect is guilty of an offence and liable on summary conviction to a fine not exceeding forty dollars for each offence. R.S., 1985, c. N-5, s. 295; R.S., 1985, c. 31 (1st Supp.), s. 60
National Defence Act — N-5 296
Interruption or hindering of training or march 296 Every person who without reasonable excuse interrupts or hinders the Canadian Forces while training or while on the march is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars and may be taken into custody and detained by any person by the order of an officer until the training or march is over for the day. R.S., c. N-4, s. 253
National Defence Act — N-5 297
Hampering manoeuvres 297 Every person who without reasonable excuse obstructs or interferes with manoeuvres authorized under section 257 is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars. R.S., c. N-4, s. 254
National Defence Act — N-5 298
Unlawful disposal, removal or possession of property 298 (1) Every person who (a) unlawfully disposes of or removes any property, (b) when lawfully required, refuses to deliver up any property that is in the possession of that person, or (c) without lawful cause, the proof of which lies on that person, has possession of any property, is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars for each offence. Definition of property (2) For the purposes of this section, property means any public property under the control of the Minister, non-public property and property of any of Her Majesty’s Forces or of any forces cooperating therewith. R.S., c. N-4, s. 255
National Defence Act — N-5 299
Accessories to desertion and absence without leave 299 (1) Every person who (a) procures, persuades, aids, assists or counsels an officer or non-commissioned member to desert or absent himself without leave, or (b) in an emergency, aids, assists, harbours or conceals an officer or non-commissioned member who is a deserter or an absentee without leave and who does not satisfy the court that he did not know that the officer or non-commissioned member was a deserter or an absentee without leave, is guilty of an offence and liable, on summary conviction, to a fine not exceeding one thousand dollars and not less than one hundred dollars or to imprisonment for any term not exceeding twelve months or to both. Certificate of Judge Advocate General (2) A certificate that appears to have been signed by the Judge Advocate General, or by any person whom the Judge Advocate General may appoint for that purpose, attesting that an officer or non-commissioned member was convicted or discharged absolutely under this Act of desertion or absence without leave or that the officer or non-commissioned member was or has been continuously absent without leave for six months or more, and setting out the date of commencement and, if applicable, the duration of the desertion, absence without leave or continuous absence without leave, is for the purposes of proceedings under this section evidence of the facts attested to in that certificate. R.S., 1985, c. N-5, s. 299; R.S., 1985, c. 31 (1st Supp.), s. 60; 2013, c. 24, s. 103
National Defence Act — N-5 300
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. R.S., 1985, c. N-5, s. 300; R.S., 1985, c. 31 (1st Supp.), s. 60
National Defence Act — N-5 301
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. R.S., c. N-4, s. 258
National Defence Act — N-5 302
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. R.S., 1985, c. N-5, s. 302; 1998, c. 35, s. 90; 2013, c. 24, ss. 104, 106(E) 2019, c. 15, s. 44
National Defence Act — N-5 303
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. Offence (2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction. Definition of record (3) In this section, record has the same meaning as in section 180.01. R.S., 1985, c. N-5, s. 303; R.S., 1985, c. 22 (4th Supp.), s. 78 2019, c. 15, s. 45
National Defence Act — N-5 303.1
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. 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. 2019, c. 15, s. 45
National Defence Act — N-5 304
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. R.S., 1985, c. N-5, s. 304; R.S., 1985, c. 31 (1st Supp.), s. 60
National Defence Act — N-5 305
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. R.S., c. N-4, s. 262
National Defence Act — N-5 306
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. R.S., c. N-4, s. 263
National Defence Act — N-5 307
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. 2013, c. 24, s. 105
National Defence Act — N-5 28
Review 28 (1) Within two years after the day on which this Act receives royal assent, a comprehensive review of the provisions and operation of this Act shall be undertaken by the committee of either the Senate or the House of Commons or of both Houses of Parliament that is designated or established by the Senate or the House of Commons or by both Houses of Parliament, as the case may be, for that purpose. Report (2) Within one year after the review is undertaken, or within any longer period that the Senate or the House of Commons or both Houses of Parliament may authorize, the committee shall submit a report on the review to Parliament, including a statement of any changes that the committee recommends.
National Defence Act — N-5 29
Reference to General Court Martial 29 For the purposes of paragraphs 239.1(1)(b) and 240.3(b) of the National Defence Act , any reference to a General Court Martial is also a reference to a Disciplinary Court Martial.
National Defence Act — N-5 163
Pending applications — references in other legislation 163 A reference to an application for a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to an application for a pardon that is not finally disposed of on the day on which this section comes into force: (b) paragraph 202.14(2)(h) of the National Defence Act ; and
National Defence Act — N-5 165
Pardons in effect — references in other legislation 165 A reference to a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to a pardon that is granted or issued under the Criminal Records Act : (e) the definition record suspension in section 227 of the National Defence Act ; and
National Defence Act — N-5 109
Military judges continuing in office 109 A person who, immediately before the coming into force of this section, held office as a military judge shall continue in office as if the person had been appointed under subsection 165.21(1) of the National Defence Act , as enacted by section 41 .