GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
National Defence Act — N-5 120
Ill-treatment or non-payment of occupant or person on whom billeted 120 Every person who (a) ill-treats, by violence, extortion or making disturbance in billets or otherwise, any occupant of a house in which any person is billeted or of any premises in which accommodation for materiel has been provided, or (b) fails to comply with regulations in respect of payment of the just demands of the person on whom he or any officer or non-commissioned member under his command is or has been billeted or the occupant of premises on which materiel is or has been accommodated, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. R.S., 1985, c. N-5, s. 120; R.S., 1985, c. 31 (1st Supp.), s. 60
National Defence Act — N-5 121
Fraudulent enrolment 121 Every person who, having been released from Her Majesty’s Forces by reason of a sentence of a court martial or by reason of misconduct, has afterwards been enrolled in the Canadian Forces without declaring the circumstances of that release is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. R.S., 1985, c. N-5, s. 121 2019, c. 15, s. 46
National Defence Act — N-5 122
False answers or false information 122 Every person who knowingly (a) makes a false answer to any question set out in any document required to be completed, or (b) furnishes any false information or false document, in relation to the enrolment of that person is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. R.S., c. N-4, s. 112
National Defence Act — N-5 123
Assisting unlawful enrolment 123 Every person who is concerned in the enrolment of any other person and who knows or has reasonable grounds to believe that by being enrolled that other person commits an offence under this Act is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. R.S., c. N-4, s. 113
National Defence Act — N-5 124
Negligent performance of duties 124 Every person who negligently performs a military duty imposed on that person is guilty of an offence and on conviction is liable to dismissal with disgrace from Her Majesty’s service or to less punishment. R.S., c. N-4, s. 114
National Defence Act — N-5 125
Offences in relation to documents 125 Every person who (a) wilfully or negligently makes a false statement or entry in a document made or signed by that person and required for official purposes or who, being aware of the falsity of a statement or entry in a document so required, orders the making or signing thereof, (b) when signing a document required for official purposes, leaves in blank any material part for which the signature is a voucher, or (c) with intent to injure any person or with intent to deceive, suppresses, defaces, alters or makes away with any document or file kept, made or issued for any military or departmental purpose, is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding three years or to less punishment. R.S., c. N-4, s. 115
National Defence Act — N-5 126
Refusing immunization, tests, blood examination or treatment 126 Every person who, on receiving an order to submit to inoculation, re-inoculation, vaccination, re-vaccination, other immunization procedures, immunity tests, blood examination or treatment against any infectious disease, wilfully and without reasonable excuse disobeys that order is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. R.S., c. N-4, s. 116
National Defence Act — N-5 127
Injurious or destructive handling of dangerous substances 127 Every person who wilfully or negligently or by neglect of or contrary to regulations, orders or instructions does any act or omits to do anything, in relation to any thing or substance that may be dangerous to life or property, which act or omission causes or is likely to cause loss of life or bodily injury to any person or damage to or destruction of any property, is guilty of an offence and on conviction, if he acted wilfully, is liable to imprisonment for life or to less punishment and, in any other case, is liable to imprisonment for less than two years or to less punishment. R.S., c. N-4, s. 117
National Defence Act — N-5 128
Conspiracy 128 Every person who conspires with any other person, whether or not that other person is subject to the Code of Service Discipline, to commit an offence under the Code of Service Discipline is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding seven years or to less punishment. R.S., c. N-4, s. 118
National Defence Act — N-5 129
Prejudicing good order or discipline 129 (1) Any act, conduct, disorder or neglect to the prejudice of good order and discipline is an offence and every person convicted thereof is liable to dismissal with disgrace from Her Majesty’s service or to less punishment. Offence and contraventions prejudicial to good order and discipline (2) An act or omission constituting an offence under section 72 or a contravention by any person of (a) any of the provisions of this Act, (b) any regulations, orders or instructions published for the general information and guidance of the Canadian Forces or any part thereof, or (c) any general, garrison, unit, station, standing, local or other orders, is an act, conduct, disorder or neglect to the prejudice of good order and discipline. Attempts to commit offences (3) An attempt to commit any of the offences prescribed in sections 73 to 128 is an act, conduct, disorder or neglect to the prejudice of good order and discipline. Saving provision (4) Nothing in subsection (2) or (3) affects the generality of subsection (1). Not intended to cover offences elsewhere provided for (5) No person may be charged under this section with any offence for which special provision is made in sections 73 to 128 but the conviction of a person so charged is not invalid by reason only of the charge being in contravention of this subsection unless it appears that an injustice has been done to the person charged by reason of the contravention. Officer’s responsibility not affected (6) The responsibility of any officer for the contravention of subsection (5) is not affected by the validity of any conviction on the charge in contravention of that subsection. R.S., c. N-4, s. 119
National Defence Act — N-5 130
Service trial of civil offences 130 (1) An act or omission (a) that takes place in Canada and is punishable under Part VII, the Criminal Code or any other Act of Parliament, or (b) that takes place outside Canada and would, if it had taken place in Canada, be punishable under Part VII, the Criminal Code or any other Act of Parliament, is an offence under this Division and every person convicted thereof is liable to suffer punishment as provided in subsection (2). Punishment (2) Subject to subsection (3), if a court martial convicts a person under subsection (1), it shall, (a) if the conviction was in respect of an offence (i) committed in Canada under Part VII, the Criminal Code or any other Act of Parliament and for which a minimum punishment is prescribed, or (ii) committed outside Canada under section 235 of the Criminal Code , impose a punishment in accordance with the enactment prescribing the minimum punishment for the offence; or (b) in any other case, (i) impose the punishment prescribed for the offence by Part VII, the Criminal Code or that other Act, or (ii) impose dismissal with disgrace from Her Majesty’s service or less punishment. Code of Service Discipline applies (3) All provisions of the Code of Service Discipline in respect of a punishment of imprisonment for life, for two years or more or for less than two years, and a fine, apply in respect of punishments imposed under paragraph (2)(a) or subparagraph (2)(b)(i). Saving provision (4) Nothing in this section is in derogation of the authority conferred by other sections of the Code of Service Discipline to charge, deal with and try a person alleged to have committed any offence set out in sections 73 to 129 and to impose the punishment for that offence described in the section prescribing that offence. R.S., 1985, c. N-5, s. 130; 1998, c. 35, ss. 33, 92 2019, c. 15, s. 10
National Defence Act — N-5 131
Reference to Attorney General 131 For the purposes of this Act, the reference in section 320.4 of the Criminal Code to the Attorney General includes the Attorney General of Canada. R.S., 1985, c. N-5, s. 131; R.S., 1985, c. 27 (1st Supp.), s. 187; 2018, c. 21, s. 43
National Defence Act — N-5 132
Offences under law applicable outside Canada 132 (1) An act or omission that takes place outside Canada and would, under the law applicable in the place where the act or omission occurred, be an offence if committed by a person subject to that law is an offence under this Division, and every person who is found guilty thereof is liable to suffer punishment as provided in subsection (2). Punishment for offence under law applicable outside Canada (2) Subject to subsection (3), where a court martial finds a person guilty of an offence under subsection (1), the court martial shall impose the punishment in the scale of punishments that it considers appropriate, having regard to the punishment prescribed by the law applicable in the place where the act or omission occurred and the punishment prescribed for the same or a similar offence in this Act, the Criminal Code or any other Act of Parliament. Application of Code of Service Discipline (3) All provisions of the Code of Service Discipline in respect of a punishment of imprisonment for life, for two years or more or for less than two years, and a fine, apply in respect of punishments imposed under subsection (2). Saving provision (4) Nothing in this section is in derogation of the authority conferred by other sections of the Code of Service Discipline to charge, deal with and try a person alleged to have committed any offence set out in sections 73 to 130 and to impose the punishment for that offence described in the section prescribing that offence. Contravention of customs laws (5) Where an act or omission constituting an offence under subsection (1) contravenes the customs laws applicable in the place where the offence was committed, any officer appointed under the regulations for the purposes of this section may seize and detain any goods by means of or in relation to which the officer believes on reasonable grounds that the offence was committed and, if any person is convicted of the offence under subsection (1), the goods may, in accordance with regulations made by the Governor in Council, be forfeited to Her Majesty and may be disposed of as provided by those regulations. R.S., 1985, c. N-5, s. 132; 1998, c. 35, ss. 34, 92 2019, c. 15, s. 46
National Defence Act — N-5 133
Person charged with desertion 133 (1) A person charged with desertion may be found guilty of attempting to desert or of being absent without leave. Person charged with attempt to desert (2) A person charged with attempting to desert may be found guilty of being absent without leave. R.S., c. N-4, s. 122
National Defence Act — N-5 134
Person charged with violent offence against officer 134 (1) A person charged with any one of the offences prescribed in section 84 may be found guilty of any other offence prescribed in that section. Person charged with insubordinate behaviour (2) A person charged with any one of the offences prescribed in section 85 may be found guilty of any other offence prescribed in that section. R.S., c. N-4, s. 122
National Defence Act — N-5 135
Conviction of offence in circumstances involving lower punishment 135 A person charged with a service offence may, on failure of proof of an offence having been committed under circumstances involving a higher punishment, be found guilty of the same offence as having been committed under circumstances involving a lower punishment. R.S., c. N-4, s. 122
National Defence Act — N-5 136
Powers on service trial of civil offences 136 Where a person is charged with an offence under section 130 and the charge is one on which he might, in the event of trial by a civil court in Canada for that offence, have been found guilty of any other offence, the person may be found guilty of that other offence. R.S., c. N-4, s. 122
National Defence Act — N-5 137
Offence charged, attempt proved 137 (1) If the complete commission of an offence charged is not proved but the evidence establishes an attempt to commit the offence, the accused person may be found guilty of the attempt. (2) [Repealed, 2019, c. 15, s. 11] (3) [Repealed, 2019, c. 15, s. 11] R.S., 1985, c. N-5, s. 137; 1992, c. 16, s. 1; 2013, c. 24, s. 18(E) 2019, c. 15, s. 11
National Defence Act — N-5 138
Special finding of guilty 138 A court martial may, instead of making a finding of not guilty, make a special finding of guilty if it concludes that (a) the facts proved in respect of an offence being tried by it differ materially from the facts alleged in the statement of particulars but are sufficient to establish the commission of the offence charged; and (b) the difference between the facts proved and the facts alleged in the statement of particulars has not prejudiced the accused person in their defence. If the court martial makes a special finding of guilty, it shall state the differences between the facts proved and the facts alleged in the statement of particulars. R.S., 1985, c. N-5, s. 138 2019, c. 15, s. 12
National Defence Act — N-5 139
Scale of punishments 139 (1) The following punishments may be imposed in respect of service offences and each of those punishments is a punishment less than every punishment preceding it: (a) imprisonment for life; (b) imprisonment for two years or more; (c) dismissal with disgrace from Her Majesty’s service; (d) imprisonment for less than two years; (e) dismissal from Her Majesty’s service; (f) detention; (g) reduction in rank; (h) forfeiture of seniority; (i) severe reprimand; (j) reprimand; (k) fine; and (l) minor punishments. Definition of less punishment (2) Where a punishment for an offence is specified by the Code of Service Discipline and it is further provided in the alternative that on conviction the offender is liable to less punishment, the expression less punishment means any one or more of the punishments lower in the scale of punishments than the specified punishment. R.S., 1985, c. N-5, s. 139; 1998, c. 35, s. 35
National Defence Act — N-5 140
Imprisonment for shorter term 140 Every person who, on conviction of a service offence, is liable to imprisonment for life, other than as a minimum punishment, or for a term of years or other term may be sentenced to imprisonment for a shorter term. R.S., 1985, c. N-5, s. 140; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 36
National Defence Act — N-5 140.1
Dismissal as accompanying punishment 140.1 (1) Where a court martial imposes a punishment of imprisonment for life or for two years or more on an officer or a non-commissioned member, the court martial may in addition, notwithstanding any other provision of this Division, impose a punishment of dismissal with disgrace from Her Majesty’s service or a punishment of dismissal from Her Majesty’s service. Dismissal as accompanying punishment (2) Where a court martial imposes a punishment of imprisonment for less than two years on an officer or a non-commissioned member, the court martial may in addition, notwithstanding any other provision of this Division, impose a punishment of dismissal from Her Majesty’s service. 1998, c. 35, s. 36
National Defence Act — N-5 140.2
Reduction in rank as accompanying punishment 140.2 Where a court martial imposes a punishment of imprisonment on an officer or a non-commissioned member, the court martial may in addition, notwithstanding any other provision of this Division, impose a punishment of reduction in rank, that may be (a) in the case of an officer, to the lowest commissioned rank; and (b) in the case of a non-commissioned member, to the lowest rank to which under the regulations the non-commissioned member can be reduced. 1998, c. 35, s. 36
National Defence Act — N-5 141
Dismissal with disgrace 141 (1) If a court martial imposes a punishment of dismissal with disgrace from Her Majesty’s service on an officer or non-commissioned member, it may, in addition, despite any other provision of this Division, impose a punishment of imprisonment for less than two years. Effective date of dismissal (1.1) A punishment of dismissal with disgrace from Her Majesty’s service or dismissal from Her Majesty’s service is deemed to be carried out as of the date on which the release of an officer or a non-commissioned member from the Canadian Forces is effected. Consequences (2) A person on whom a punishment of dismissal with disgrace from Her Majesty’s service has been carried out is not, except in an emergency or unless that punishment is subsequently set aside or altered, eligible to serve Her Majesty again in any military or civil capacity. R.S., 1985, c. N-5, s. 141; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, ss. 37, 92 2019, c. 15, s. 13(E)
National Defence Act — N-5 142
Detention 142 (1) The punishment of detention is subject to the following conditions: (a) detention may not exceed ninety days and a person sentenced to detention may not be subject to detention for more than ninety days consecutively by reason of more than one conviction; and (b) no officer may be sentenced to detention. Reduction in rank during detention (2) A non-commissioned member above the rank of private who is sentenced to detention is deemed to be reduced to the rank of private until the sentence of detention is completed. R.S., 1985, c. N-5, s. 142; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 38; 2013, c. 24, s. 20
National Defence Act — N-5 143
Reduction in rank 143 (1) The punishment of reduction in rank applies to officers above the rank of second lieutenant and to non-commissioned members above the rank of private. Restrictions (2) The punishment of reduction in rank does not (a) involve reduction to a rank lower than that to which under regulations the offender can be reduced; and (b) in the case of a commissioned officer, involve reduction to a rank lower than commissioned rank. R.S., 1985, c. N-5, s. 143; R.S., 1985, c. 31 (1st Supp.), s. 60
National Defence Act — N-5 144
Forfeiture of seniority 144 Where a court martial imposes a punishment of forfeiture of seniority on an officer or non-commissioned member, the court martial shall in passing sentence specify the period for which seniority is to be forfeited. R.S., 1985, c. N-5, s. 144; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 39
National Defence Act — N-5 145
Fine 145 (1) A fine must be imposed in a stated amount. Terms of payment (2) The terms of payment of a fine are in the discretion of the court martial that imposes the fine. Variation of terms of payment (3) The terms of payment of a fine may be varied by the military judge who imposed the fine or a military judge designated by the Chief Military Judge. R.S., 1985, c. N-5, s. 145; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 39 2019, c. 15, s. 14 2019, c. 15, s. 46
National Defence Act — N-5 145.1
Civil enforcement of fines 145.1 (1) If an offender is in default of payment of a fine, the Minister may, in addition to any other method provided by law for recovering the fine, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in any court in Canada that has jurisdiction to enter a judgment for that amount. Effect of filing order (2) A judgment that is entered under this section is enforceable in the same manner as if it were a judgment obtained by the Minister in civil proceedings. 2013, c. 24, s. 21
National Defence Act — N-5 146
Minor punishments 146 Minor punishments shall be such as are prescribed in regulations made by the Governor in Council. R.S., c. N-4, s. 125
National Defence Act — N-5 147.1
Prohibition order 147.1 (1) If a court martial considers it desirable, in the interests of the safety of an offender or of any other person, it shall — in addition to any other punishment that may be imposed for the offence — make an order prohibiting the offender from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, on convicting or discharging absolutely the offender of (a) an offence in the commission of which violence against a person was used, threatened or attempted; (b) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance; (c) an offence relating to the contravention of any of sections 5 to 7 of the Controlled Drugs and Substances Act ; (c.1) an offence relating to the contravention of any of sections 9 to 14 of the Cannabis Act ; or (d) an offence that is punishable under section 130 and that is described in paragraph 109(1)(b) of the Criminal Code . Duration of prohibition order (2) An order made under subsection (1) begins on the day the order is made and ends on the day specified in the order. Application of order (3) Unless it specifies otherwise, an order made under subsection (1) does not prohibit an officer or a non-commissioned member from possessing any thing necessary for the performance of their duties. Notification (4) A court martial that makes an order under subsection (1) shall without delay cause the Registrar of Firearms appointed under section 82 of the Firearms Act to be notified of the order. 1995, c. 39, s. 176; 1996, c. 19, s. 83.1; 2012, c. 1, s. 50; 2013, c. 24, s. 22; 2018, c. 16, ss. 168, 188(E)
National Defence Act — N-5 147.2
Requirement to surrender 147.2 A court martial that makes an order under subsection 147.1(1) may, in the order, require the offender against whom the order is made to surrender to a member of the military police or to the offender’s commanding officer (a) any thing the possession of which is prohibited by the order that is in the possession of the offender on the commencement of the order; and (b) every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by the order that is held by the offender on the commencement of the order. The court martial shall specify in the order a reasonable period for surrendering the thing or document, and during that period section 117.01 of the Criminal Code does not apply to the offender. 1995, c. 39, s. 176; 2013, c. 24, s. 23
National Defence Act — N-5 147.3
Forfeiture 147.3 (1) Unless an order made under subsection 147.1(1) specifies otherwise, every thing the possession of which is prohibited by the order that, on the commencement of the order, is in the possession of the person against whom the order is made is forfeited to Her Majesty. Disposal (2) Every thing forfeited to Her Majesty under subsection (1) shall be disposed of or otherwise dealt with as the Minister directs. 1995, c. 39, s. 176
National Defence Act — N-5 147.4
Authorizations revoked or amended 147.4 Every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by an order made under subsection 147.1(1) and issued to a person against whom the order is made is, on the commencement of the order, revoked, or amended, as the case may be, to the extent of the prohibitions in the order. 1995, c. 39, s. 176