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

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note:Offences of contempt

302 Every person is guilty of an offence and liable, on summary conviction, to a fine of not more than $5,000 or to imprisonment for less than two years, or to both, if 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.

Marginal note: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 subsection 180.002(1), 180.005(1), 180.007(1), 180.03(1), 180.1(1), 180.17(1) or 180.2(1);

  • (b) any evidence taken, the information given or the representations made at the consideration of an application made under subsection 180.002(1), 180.005(1), 180.007(1), 180.17(1) or 180.2(1) or at a hearing under subsection 180.003(1), section 180.005, subsection 180.04(1), 180.06(2), 180.11(1) or 180.13(2) or section 180.18;

  • (c) the determination made under subsection 180.002(4) or 180.17(5) unless the military judge, after taking into account the complainant’s right to privacy and the interests of military justice, orders that the decision and the reasons may be published, broadcast or transmitted;

  • (d) the determination made and the reasons provided under subsection 180.003(4) or 180.005(7) or section 180.007 unless that determination is that evidence is admissible or the military judge, after taking into account the complainant’s right to privacy and the interests of military justice, orders that the determination and the reasons may be published, broadcast or transmitted;

  • (e) the determination made under subsection 180.05(1), 180.07(1) or (2), 180.12(1) or 180.14(1) or (2) and the reasons provided under section 180.08 or 180.15, unless the military judge, after taking into account the right to privacy of the person to whom the record or therapeutic record relates and the interests of military justice, orders that the determination and the reasons may be published, broadcast or transmitted;

  • (f) the determination made and the reasons provided under subsection 180.18(4) or section 180.2, unless that determination is that evidence is admissible or the military judge, after taking into account the complainant’s right to privacy and the interests of military justice, orders that the determination and the reasons may be published, broadcast or transmitted.

• Marginal note:Exception

  (1.1) Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (f) is

  • (a) made in the course of the administration of military justice and it is made for a purpose other than to make the information known in the community;

  • (b) made by the complainant or any witness and about that complainant or witness and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by this section; or

  • (c) made by the complainant or any witness and it is made for a purpose other than to make the information known in the community, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the complainant or the witness.

• Marginal note:Offence

  (2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.

• Marginal note:Definitions

  (3) In this section, record and therapeutic record have the same meanings as in section 180.01.

Marginal note: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.

• Marginal note: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.

Marginal note:Failure to comply — orders under section 203.73

303.2 Every person who fails, without lawful excuse, to comply with an order made under section 203.73 is

• (a) guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

• (b) guilty of an offence punishable on summary conviction.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.