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

Marginal note: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.

Marginal note: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.

Miscellaneous Offences

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Conduct to the Prejudice of Good Order and Discipline

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Saving provision

  (4) Nothing in subsection (2) or (3) affects the generality of subsection (1).

• Marginal note: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.

• Marginal note: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.

Offences Punishable by Ordinary Law

Marginal note: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).

• Marginal note: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.

• Marginal note: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).

• Marginal note: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.

Marginal note: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.

Marginal note: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).

• Marginal note: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.

• Marginal note: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).

• Marginal note: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.

• Marginal note: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.

Conviction of Cognate Offence

Marginal note: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.

• Marginal note:Person charged with attempt to desert

  (2) A person charged with attempting to desert may be found guilty of being absent without leave.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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]

Marginal note: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.

Punishments

Marginal note: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.

• Marginal note: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.