GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
National Defence Act — N-5 38
Non-public property of units 38 (1) The non-public property of a unit or other element of the Canadian Forces shall vest in the officer from time to time in command of that unit or other element, and shall be used for the benefit of officers and non-commissioned members or for any other purpose approved by the Chief of the Defence Staff in the manner and to the extent authorized by the Chief of the Defence Staff. Non-public property of disbanded units (2) The non-public property of every disbanded unit or other disbanded element of the Canadian Forces vested in the officer in command of that unit or other element shall pass to and vest in the Chief of the Defence Staff, and may be disposed of at the discretion and direction of the Chief of the Defence Staff for the benefit of all or any officers and non-commissioned members or former officers and non-commissioned members, or their dependants. Non-public property of units or elements in altered circumstances (3) Where, by reason of a substantial reduction in the number of officers and non-commissioned members serving in a unit or other element of the Canadian Forces or by reason of a change in the location or other conditions of service of a unit or other element, the Chief of the Defence Staff considers it desirable to do so, he may direct that the non-public property or any part thereof that is vested in the officer in command of that unit or other element shall pass to and be vested in the Chief of the Defence Staff on the terms set out in subsection (2). R.S., 1985, c. N-5, s. 38; R.S., 1985, c. 31 (1st Supp.), s. 60
National Defence Act — N-5 39
Other non-public property 39 (1) Non-public property acquired by contribution but not contributed to any specific unit or other element of the Canadian Forces shall vest in the Chief of the Defence Staff and, subject to any specific directions by the contributor as to its disposal, may be disposed of at the discretion and direction of the Chief of the Defence Staff for the benefit of all or any officers and non-commissioned members or former officers and non-commissioned members, or their dependants. By-products and refuse (2) By-products and refuse derived from rations and other consumable stores issued to the Canadian Forces for use in service kitchens, and the proceeds of the sale thereof, shall, to the extent that the Governor in Council may prescribe, be non-public property. Alienation of non-public property (3) Except as authorized by the Chief of the Defence Staff, no gift, sale or other alienation or attempted alienation of non-public property is effectual to pass the property therein. R.S., 1985, c. N-5, s. 39; R.S., 1985, c. 31 (1st Supp.), s. 60
National Defence Act — N-5 40
Liability for loss or damage 40 The conditions under which and the extent to which an officer or non-commissioned member is liable to make restitution or reimbursement in respect of loss of or damage to non-public property resulting from the negligence or misconduct of that officer or noncommissioned member shall be as prescribed by the Minister. R.S., 1985, c. N-5, s. 40; R.S., 1985, c. 31 (1st Supp.), s. 60
National Defence Act — N-5 41
Ministerial directions 41 (1) The Chief of the Defence Staff shall exercise his authority under subsections 38(1) and (2) and 39(1) subject to any directions that may be given to him by the Minister for carrying the purposes and provisions of this section and sections 38 to 40 into effect. Audit (2) Non-public property accounts shall be audited as the Minister may from time to time direct. Special provision (3) The Financial Administration Act does not apply to non-public property. R.S., c. N-4, s. 38
National Defence Act — N-5 42
Collection, administration and distribution 42 (1) The service estates of officers and non-commissioned members who die during their service in the Canadian Forces may be collected, administered and distributed in whole or in part as prescribed in regulations made by the Governor in Council. Definition of service estate (2) For the purposes of this section, but subject to any exceptions prescribed in regulations made by the Governor in Council, service estate means the following parts of the estate of a deceased officer or non-commissioned member mentioned in subsection (1): (a) service pay and allowances; (b) all other emoluments emanating from Her Majesty that, at the date of death, are due or otherwise payable; (c) personal equipment that the deceased person is, under regulations, permitted to retain; (d) personal or movable property, including cash, found on the deceased person or on a defence establishment or otherwise in the care or custody of the Canadian Forces; and (e) in the case of an officer or non-commissioned member dying outside Canada, all other personal or movable property belonging to the deceased and situated outside Canada. R.S., 1985, c. N-5, s. 42; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 11
National Defence Act — N-5 43
Authority to issue certificate 43 Where an officer or non-commissioned member disappears under circumstances that, in the opinion of the Minister or such other authorities as the Minister may designate, raise beyond reasonable doubt a presumption that the officer or non-commissioned member is dead, the Minister or any such other authority may issue a certificate declaring that the officer or non-commissioned member is deemed to be dead and stating the date on which the death is presumed to have occurred, and the officer or non-commissioned member shall thenceforth, for the purposes of this Act and the regulations and in relation to his status and service in the Canadian Forces, be deemed to have died on that date. R.S., 1985, c. N-5, s. 43; R.S., 1985, c. 31 (1st Supp.), s. 60
National Defence Act — N-5 44
Vesting and disposal 44 The personal belongings and decorations of an officer or non-commissioned member who is absent without leave that are found in camp, quarters or otherwise in the care or custody of the Canadian Forces vest in Her Majesty and shall be disposed of in accordance with regulations made by the Governor in Council. R.S., 1985, c. N-5, s. 44; R.S., 1985, c. 31 (1st Supp.), s. 60
National Defence Act — N-5 45
Convening boards 45 (1) The Minister, and such other authorities as the Minister may prescribe or appoint for that purpose, may, where it is expedient that the Minister or any such other authority should be informed on any matter connected with the government, discipline, administration or functions of the Canadian Forces or affecting any officer or non-commissioned member, convene a board of inquiry for the purpose of investigating and reporting on that matter. Powers (2) A board of inquiry has, in relation to the matter before it, power (a) to summon any person before the board and compel the person to give oral or written evidence on oath and to produce any documents and things under the person’s control that it considers necessary for the full investigation and consideration of that matter; (b) to administer oaths; (c) to receive and accept, on oath or by affidavit or otherwise, any evidence and other information the board sees fit, whether or not the evidence or information is or would be admissible in a court of law; and (d) to examine any record and make any inquiry that the board considers necessary. Access to on-board recordings (3) For greater certainty, a board of inquiry may have access to an on-board recording, as defined in subsection 22(1) of the Aeronautics Act , only if it is made available under that Act. R.S., 1985, c. N-5, s. 45; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 13; 2014, c. 29, s. 22
National Defence Act — N-5 45.1
Witness not excused from testifying 45.1 (1) No witness shall be excused from answering any question relating to a matter before a board of inquiry when required to do so by the board of inquiry on the ground that the answer to the question may tend to criminate the witness or subject the witness to any proceeding or penalty. Answer not receivable (2) No answer given or statement made by a witness in response to a question described in subsection (1) may be used or receivable against the witness in any disciplinary, criminal or civil proceeding, other than a hearing or proceeding in respect of an allegation that the witness gave the answer or made the statement knowing it to be false. 1998, c. 35, s. 14
National Defence Act — N-5 46
Formation 46 (1) The Minister may authorize the formation of cadet organizations under the control and supervision of the Canadian Forces to consist of persons of not less than twelve years of age who have not attained the age of nineteen years. Training, administration, provision and command (2) The cadet organizations referred to in subsection (1) shall be trained for such periods, administered in such manner and provided with materiel and accommodation under such conditions, and shall be subject to the authority and command of such officers, as the Minister may direct. Not part of Canadian Forces (3) The cadet organizations referred to in subsection (1) are not comprised in the Canadian Forces. R.S., c. N-4, s. 43; 1974-75-76, c. 36, Sch. (DND) vote 1d, c. 66, s. 21
National Defence Act — N-5 47
Establishment 47 (1) The Governor in Council, and any other authorities that are prescribed or appointed by the Governor in Council for that purpose, may in the interests of national defence establish institutions for the training and education of officers and non-commissioned members, officers and employees of the Department, candidates for enrolment in the Canadian Forces or for employment in the Department and other persons whose attendance has been authorized by or on behalf of the Minister. Control and administration (2) The institutions referred to in subsection (1) shall be governed and administered in the manner prescribed by the Minister. R.S., 1985, c. N-5, s. 47; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 15
National Defence Act — N-5 48
Establishment 48 (1) The Governor in Council may establish associations and organizations for purposes designed to further the defence of Canada. Accommodation, materiel and facilities (2) The Minister may authorize the provision of accommodation, materiel and facilities for the training, practice and use of the associations and organizations mentioned in subsection (1) and other associations and organizations designed to further the defence of Canada, whether or not the members of such associations and organizations are officers or non-commissioned members. R.S., 1985, c. N-5, s. 48; R.S., 1985, c. 31 (1st Supp.), s. 60
National Defence Act — N-5 49
Exercise of authority of officer or non-commissioned member by another 49 Any power or jurisdiction given to, and any act or thing to be done by, to or before any officer or non-commissioned member may be exercised by, or done by, to or before any other officer or non-commissioned member for the time being authorized in that behalf by regulations or according to the custom of the service. R.S., 1985, c. N-5, s. 49; R.S., 1985, c. 31 (1st Supp.), s. 60
National Defence Act — N-5 50
Method of signifying orders 50 Orders made under this Act may be signified by an order, instruction or letter under the hand of any officer whom the authority that made those orders has authorized to issue orders on its behalf, and any order, instruction or letter purporting to be signed by any officer appearing therein to be so authorized is evidence that the officer is so authorized. R.S., c. N-4, s. 47
National Defence Act — N-5 51
Publication 51 (1) All regulations and all orders and instructions issued to the Canadian Forces shall be held to be sufficiently notified to any person whom they may concern by their publication, in the manner prescribed in regulations made by the Governor in Council, in the unit or other element in which that person is serving. Registered mail (2) All regulations and all orders and instructions relating to or in any way affecting an officer or non-commissioned member of the reserve force who is not serving with a unit or other element shall, when sent to the officer or non-commissioned member by registered mail, addressed to the latest known place of abode or business of the officer or non-commissioned member, be held to be sufficiently notified. Saving provision (3) Notwithstanding subsections (1) and (2), all regulations and all orders and instructions referred to in those subsections shall be held to be sufficiently notified to any person whom they may concern by their publication in the Canada Gazette . R.S., 1985, c. N-5, s. 51; R.S., 1985, c. 31 (1st Supp.), s. 60(E)
National Defence Act — N-5 52
Authenticity of documents 52 A commission, appointment, warrant, order or instruction in writing purported to be granted, made or issued under this Act is evidence of its authenticity without proof of the signature or seal affixed thereto or the authority of the person granting, making or issuing it. R.S., c. N-4, s. 49
National Defence Act — N-5 53
Signature on commissions 53 (1) The Governor General may cause the signature of the Governor General to be affixed to a commission granted to an officer of the Canadian Forces by stamping the signature on the commission with a stamp approved by, and used for the purpose by authority of, the Governor General. Validity of signature (2) A signature affixed in accordance with subsection (1) is as valid and effectual as if it were in the handwriting of the Governor General, and neither its authenticity nor the authority of the person by whom it was affixed shall be called in question, except on behalf of Her Majesty. R.S., c. N-4, s. 50
National Defence Act — N-5 54
Validity of bonds 54 Every bond to Her Majesty entered into by any person before a judge, a justice of the peace or an officer of the Canadian Forces, including a military judge, for the purpose of securing the payment of a sum of money or the performance of a duty or act required or authorized by this Act or by regulations is valid and may be enforced accordingly. R.S., 1985, c. N-5, s. 54; 1998, c. 35, s. 16
National Defence Act — N-5 55
Purpose 55 (1) The purpose of the Code of Service Discipline is to maintain the discipline, efficiency and morale of the Canadian Forces. Clarification (2) For greater certainty, the behaviour of persons who are subject to the Code of Service Discipline relates to the discipline, efficiency and morale of the Canadian Forces even when those persons are not on duty, in uniform or on a defence establishment. R.S., 1985, c. N-5, s. 55; 1998, c. 35, s. 17 2019, c. 15, s. 4
National Defence Act — N-5 61
Persons accompanying Canadian Forces 61 (1) For the purposes of this section and sections 60, 62 and 65, but subject to any limitations prescribed by the Governor in Council, a person accompanies a unit or other element of the Canadian Forces that is on service or active service if the person (a) participates with that unit or other element in the carrying out of any of its movements, manoeuvres, duties in aid of the civil power, duties in a disaster or warlike operations; (b) is accommodated or provided with rations at the person’s own expense or otherwise by that unit or other element in any country or at any place designated by the Governor in Council; (c) is a dependant outside Canada of an officer or non-commissioned member serving beyond Canada with that unit or other element; or (d) is embarked on a vessel or aircraft of that unit or other element. How persons accompanying Canadian Forces to be treated (2) Subject to subsection (3), every person mentioned in paragraph 60(1)(f) who, while accompanying any unit or other element of the Canadian Forces, is alleged to have committed a service offence, shall be treated as a non-commissioned member. Certificate entitling person to treatment as officer (3) A person described in subsection (2) who holds, from the commanding officer of the unit or other element of the Canadian Forces that the person accompanies or from any other officer prescribed by the Minister for that purpose, a certificate entitling the person to be treated on the footing of an officer, revocable at the pleasure of the officer who issued it or of any other officer of equal or higher rank, shall be treated as an officer in respect of any offence alleged to have been committed by the person while holding that certificate. R.S., 1985, c. N-5, s. 61; R.S., 1985, c. 31 (1st Supp.), s. 60
National Defence Act — N-5 62
Command 62 (1) Every person to whom subsection 61(2) or (3) applies shall, for the purposes of the Code of Service Discipline, be deemed to be under the command of the commanding officer of the unit or other element of the Canadian Forces that the person accompanies. Spies (2) Every person described in paragraph 60(1)(h) shall, for the purposes of the Code of Service Discipline, be deemed to be under the command of the commanding officer of the unit or other element of the Canadian Forces that may be holding the person in custody from time to time. Released persons serving sentence (3) Every person described in paragraph 60(1)(i) who is alleged to have committed, during the currency of the imprisonment or detention of that person, a service offence shall, for the purposes of the Code of Service Discipline, be deemed to be under the command of the commanding officer of the service prison or detention barrack, as the case may be, in which that person is imprisoned or detained. R.S., c. N-4, s. 55
National Defence Act — N-5 63
Persons under special engagement 63 (1) Subject to subsection (2), every person mentioned in paragraph 60(1)(j) who, while serving with the Canadian Forces, is alleged to have committed a service offence shall be treated as a non-commissioned member. Agreement entitling person to treatment as officer (2) Where the terms of the agreement under which a person described in subsection (1) was engaged entitle the person to be treated as an officer, the person shall be treated as an officer. Command where person under special engagement (3) Every person to whom subsection (1) or (2) applies shall, for the purposes of the Code of Service Discipline, be deemed to be under the command of the commanding officer of the unit or other element of the Canadian Forces in which that person is serving. R.S., 1985, c. N-5, s. 63; R.S., 1985, c. 31 (1st Supp.), s. 60
National Defence Act — N-5 64
64 [Repealed, R.S., 1985, c. 31 (1st Supp.), s. 44]
National Defence Act — N-5 65
Persons under command of officer deemed their superior officer 65 (1) Every person subject to the Code of Service Discipline by virtue of paragraph 60(1)(f), (g), (i) or (j) shall, for the purposes of preparation, practice or execution of any plan, arrangement or manoeuvre for the defence or evacuation of any area in the event of attack, be under the command of the commanding officer of the unit or other element of the Canadian Forces that the person is accompanying or with which the person is serving or is in attendance and, for those purposes, the commanding officer shall be deemed to be a superior officer of the person. Prohibited interpretation (2) Nothing in subsection (1) shall be construed as requiring any person described therein to bear arms or to participate in any active operations against the enemy. R.S., c. N-4, s. 55
National Defence Act — N-5 66
Autrefois acquit and autrefois convict 66 (1) A person may not be tried or tried again in respect of an offence or any other substantially similar offence arising out of the facts that gave rise to the offence if, while subject to the Code of Service Discipline in respect of that offence, or if, while liable to be charged, dealt with and tried under the Code in respect of that offence, the person (a) has been found not guilty by a court martial, civil court or court of a foreign state on a charge of having committed that offence; or (b) has been found guilty by a court martial, civil court or court of a foreign state on a charge of having committed that offence and has been either punished in accordance with the sentence or discharged absolutely or on conditions. Exception (2) Nothing in subsection (1) affects the validity of a new trial held under section 249 or a new trial directed by a court having jurisdiction to do so. Effect of other offences admitted at previous trial (3) A person who, under section 194, has been sentenced in respect of a service offence admitted by that person may not be tried by a court martial or civil court in respect of that offence. R.S., 1985, c. N-5, s. 66; R.S., 1985, c. 31 (1st Supp.), s. 45; 1998, c. 35, s. 20; 2013, c. 24, s. 14 2019, c. 15, s. 5 2019, c. 15, s. 63
National Defence Act — N-5 67
Service offence, wherever committed, is triable 67 Subject to section 70, every person alleged to have committed a service offence may be charged, dealt with and tried under the Code of Service Discipline, whether the alleged offence was committed in Canada or outside Canada. R.S., c. N-4, s. 57
National Defence Act — N-5 68
No territorial limitation 68 Every person alleged to have committed a service offence may be charged, dealt with and tried under the Code of Service Discipline, either in Canada or outside Canada. R.S., c. N-4, s. 58
National Defence Act — N-5 69
When person is liable 69 (1) A person who is subject to the Code of Service Discipline at the time of the alleged commission of a service offence may be charged, dealt with and tried at any time under the Code. Sections 130 and 132 (2) Despite subsection (1), if the service offence is punishable under section 130 or 132 and the act or omission that constitutes the service offence would have been subject to a limitation period had it been dealt with other than under the Code, then that limitation period applies. R.S., 1985, c. N-5, s. 69; 1990, c. 14, s. 7; 1991, c. 43, s. 12; 1993, c. 34, s. 92; 1998, c. 35, s. 21; 2008, c. 29, s. 2
National Defence Act — N-5 70
Offences not triable by courts martial 70 A court martial does not have jurisdiction to try any person charged with any of the following offences committed in Canada: (a) murder; (b) manslaughter; or (c) an offence under any of sections 280 to 283 of the Criminal Code . (d) to (f) [Repealed, 1998, c. 35, s. 22] R.S., 1985, c. N-5, s. 70; 1998, c. 35, s. 22 2019, c. 15, s. 6
National Defence Act — N-5 71
No interference with civil jurisdiction 71 Subject to section 66, nothing in the Code of Service Discipline affects the jurisdiction of any civil court to try a person for any offence triable by that court. R.S., 1985, c. N-5, s. 71; R.S., 1985, c. 31 (1st Supp.), s. 46
National Defence Act — N-5 71.01
Definition of military justice system 71.01 For the purposes of this Division, military justice system means (a) the investigation of service offences, the processes for the laying and referral of charges of service offences and their prosecution; (b) the process for the carrying out of punishments in relation to service offences, except in respect of any service prisoners and service convicts who have been committed to a penitentiary or civil prison; and (c) the proceedings of a court martial or a Review Board , as defined in section 197, in respect of an accused person who is found unfit to stand trial or not responsible on account of mental disorder. 2019, c. 15, s. 7
National Defence Act — N-5 71.02
General information 71.02 Every victim has the right, on request, to information about (a) the military justice system and the role of victims in it; (b) the services and programs available to them as a victim; and (c) their right to file a complaint for an infringement or denial of any of their rights under this Division. 2019, c. 15, s. 7
National Defence Act — N-5 71.03
Investigation and proceedings 71.03 Every victim has the right, on request, to information about (a) the status and outcome of the investigation into the service offence; and (b) the location of proceedings in relation to the offence, when they will take place and their progress and outcome. 2019, c. 15, s. 7