National Defence Act (R.S.C., 1985, c. N-5)

Marginal note:Low flying

109 Every person who flies an aircraft at a height less than the minimum height authorized in the circumstances is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

Marginal note:Disobedience of captain’s orders

• 110 (1) Every person who, when in an aircraft, disobeys any lawful command given by the captain of the aircraft in relation to the flying or handling of the aircraft or affecting the safety of the aircraft, whether or not the captain is subject to the Code of Service Discipline, is guilty of an offence and on conviction is liable to imprisonment for life or to less punishment.

• Marginal note:Command in aircraft

  (2) For the purposes of this section,

  • (a) every person of whatever rank shall, when the person is in an aircraft, be under the command, in respect of all matters relating to the flying or handling of the aircraft or affecting the safety of the aircraft, of the captain of the aircraft, whether or not the captain is subject to the Code of Service Discipline; and

  • (b) if the aircraft is a glider and is being towed by another aircraft, the captain of the glider shall, so long as the glider is being towed, be under the command, in respect of all matters relating to the flying or handling of the glider or affecting the safety of the glider, of the captain of the towing aircraft, whether or not the captain of the towing aircraft is subject to the Code of Service Discipline.

Offences in relation to Vehicles

Marginal note:Improper driving of vehicles

• 111 (1) Every person who

  • (a) drives a vehicle of the Canadian Forces recklessly or in a manner that is dangerous to any person or property having regard to all the circumstances of the case, or, having charge of and being in or on such a vehicle, causes or by wilful neglect permits it to be so driven,

  • (b) while the person’s ability to drive a vehicle of the Canadian Forces is impaired by alcohol or a drug, drives or attempts to drive such a vehicle, whether it is in motion or not, or

  • (c) having charge of a vehicle of the Canadian Forces, knowingly permits it to be driven by a person whose ability to drive such a vehicle is impaired by alcohol or a drug,

  is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding five years or to less punishment.

• Marginal note:Occupant of driver’s seat deemed attempting to drive

  (2) For the purposes of paragraph (1)(b), a person who occupies the seat ordinarily occupied by a driver of a vehicle shall be deemed to have attempted to drive the vehicle, unless that person establishes that he did not enter or mount the vehicle for the purpose of setting it in motion.

Marginal note:Improper use of vehicles

112 Every person who

• (a) uses a vehicle of the Canadian Forces for an unauthorized purpose,

• (b) without authority uses a vehicle of the Canadian Forces for any purpose, or

• (c) uses a vehicle of the Canadian Forces contrary to any regulation, order or instruction,

is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

Offences in relation to Property

Marginal note:Causing fires

113 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, which act or omission causes or is likely to cause fire to occur in any materiel, defence establishment or work for defence is guilty of an offence and on conviction, if the person 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.

Marginal note:Stealing

• 114 (1) Every person who steals is guilty of an offence and on conviction, if by reason of the person’s rank, appointment or employment or as a result of any lawful command the person, at the time of the commission of the offence, was entrusted with the custody, control or distribution of the thing stolen, is liable to imprisonment for a term not exceeding fourteen years or to less punishment and, in any other case, is liable to imprisonment for a term not exceeding seven years or to less punishment.

• Marginal note:Definition

  (2) For the purposes of this section,

  • (a) stealing is the act of fraudulently and without colour of right taking, or fraudulently and without colour of right converting to the use of any person, any thing capable of being stolen, with intent

    • (i) to deprive, temporarily or absolutely, the owner of it or a person who has a special property or interest in it, of the thing or of that property or interest,

    • (ii) to pledge it or deposit it as security,

    • (iii) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform, or

    • (iv) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time when it was taken and converted;

  • (b) stealing is committed when the offender moves the thing or causes it to move or to be moved, or begins to cause it to become movable, with intent to steal it;

  • (c) the taking or conversion may be fraudulent, although effected without secrecy or attempt at concealment; and

  • (d) it is immaterial whether the thing converted was taken for the purpose of conversion, or whether it was, at the time of the conversion, in the lawful possession of the person who converts it.

• Marginal note:When movable inanimate things capable of being stolen

  (3) Every inanimate thing that is the property of any person and that either is or may be made movable is capable of being stolen as soon as it becomes movable, although it is made movable in order that it may be stolen.

Marginal note:Receiving

115 Every person who receives or retains in his possession any property obtained by the commission of any service offence, knowing the property to have been so obtained, is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding seven years or to less punishment.

Marginal note:Destruction, damage, loss or improper disposal

116 Every person who

• (a) wilfully destroys or damages, loses by neglect, improperly sells or wastefully expends any public property, non-public property or property of any of Her Majesty’s Forces or of any forces cooperating therewith,

• (b) wilfully destroys, damages or improperly sells any property belonging to another person who is subject to the Code of Service Discipline, or

• (c) sells, pawns or otherwise disposes of any cross, medal, insignia or other decoration granted by or with the approval of Her Majesty,

is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

Marginal note:Miscellaneous offences

117 Every person who

• (a) connives at the exaction of an exorbitant price for property purchased or rented by a person supplying property or services to the Canadian Forces,

• (b) improperly demands or accepts compensation, consideration or personal advantage in respect of the performance of any military duty or in respect of any matter relating to the Department or the Canadian Forces,

• (c) receives directly or indirectly, whether personally or by or through any member of his family or person under his control, or for his benefit, any gift, loan, promise, compensation or consideration, either in money or otherwise, from any person, for assisting or favouring any person in the transaction of any business relating to any of Her Majesty’s Forces, or to any forces cooperating therewith or to any mess, institute or canteen operated for the use and benefit of members of those forces,

• (d) demands or accepts compensation, consideration or personal advantage for convoying a vessel entrusted to his care,

• (e) being in command of a vessel or aircraft, takes or receives on board goods or merchandise that he is not authorized to take or receive on board, or

• (f) commits any act of a fraudulent nature not particularly specified in sections 73 to 128,

is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

Offences in relation to Tribunals

Marginal note:Definition of tribunal

• 118 (1) For the purposes of this section and section 119, tribunal includes a court martial, a military judge, an officer conducting a summary hearing, the Grievances Committee, the Military Judges Inquiry Committee, the Military Police Complaints Commission, a board of inquiry, a commissioner taking evidence under this Act and any inquiry committee established under regulations.

• Marginal note:Contempt

  (2) Every person who

  • (a) being duly summoned or ordered to attend as a witness before a tribunal, fails to attend or to remain in attendance,

  • (b) refuses to take an oath or make a solemn affirmation lawfully required by a tribunal to be taken or made,

  • (c) refuses to produce any document in the power or control of, and lawfully required by a tribunal to be produced by, that person,

  • (d) refuses when a witness to answer any question to which a tribunal may lawfully require an answer,

  • (e) uses insulting or threatening language before, or causes any interruption or disturbance in the proceedings of, a tribunal, or

  • (f) commits any other contempt of a tribunal

  is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

Marginal note:Failure to appear or attend

118.1 Every person who, being duly summoned or ordered to appear before a court martial or a military judge, as an accused, or before an officer conducting a summary hearing, as a person charged with having committed a service infraction, fails, without lawful excuse, the proof of which lies on the person, to appear as summoned or ordered, or to remain in attendance, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

Marginal note:False evidence

119 Every person who, when examined on oath or solemn affirmation before a tribunal, knowingly gives false evidence is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding seven years or to less punishment.

Offence in Relation to Orders Prohibiting Contact

Marginal note:Failure to comply — orders under section 203.73

119.01 Every person who, without reasonable excuse, fails to comply with an order made under section 203.73 is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding two years or to less punishment.

Offence in Relation to the Sex Offender Information Registration Act

Marginal note:Failure to comply with order or obligation

• 119.1 (1) Every person who, without reasonable excuse, fails to comply with an order made under section 227.01 of this Act or section 490.012 of the Criminal Code or with an obligation under section 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

• Marginal note:Reasonable excuse

  (2) For greater certainty, a lawful command that prevents a person from complying with an order or obligation is a reasonable excuse.

• Marginal note:Proof of certain facts by certificate

  (3) In proceedings under subsection (1), a certificate of a person referred to in paragraph 16(2)(b.1) of the Sex Offender Information Registration Act stating that the person named in the certificate failed to report under section 4, 4.1, 4.2 or 4.3 — or provide information under section 5 or notify a person under subsection 6(1) or (1.01) — of that Act is evidence of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.

• Marginal note:Attendance and cross-examination

  (4) The person named in the certificate may, with the leave of the court martial, require the attendance of the person who signed it for the purpose of cross-examination.

• Marginal note:Notice of intention to produce

  (5) A certificate is not to be received in evidence unless, before the commencement of the trial, the party who intends to produce it gives the person named in the certificate a copy of it and reasonable notice of their intention to produce it.

Offence in Relation to DNA Identification

Marginal note:Failure to comply with order or summons

• 119.2 (1) Every person who, without reasonable excuse, fails to comply with an order made under subsection 196.14(4) or 196.24(4) of this Act or subsection 487.051(4) or 487.055(3.11) of the Criminal Code, or with a summons referred to in subsection 487.055(4) or 487.091(3) of the Criminal Code, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

• Marginal note:For greater certainty

  (2) For greater certainty, a lawful command that prevents a person from complying with an order or summons is a reasonable excuse.

Offences in relation to Billeting

Marginal note: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.

Offences in relation to Enrolment

Marginal note: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.