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

Act current to 2013-05-20 and last amended on 2013-02-28. Previous Versions

Marginal note:Delivery by constable into service custody

  • 254. (1) Where a person surrenders himself to a constable and admits desertion or absence without leave, the constable in charge of the police station to which the person is brought shall forthwith inquire into the case and, if from the admission it appears to the constable on inquiring into the case that the person is a deserter or absentee without leave, the constable may cause the person to be delivered into service custody, without bringing the person before a justice.

  • Marginal note:Report where person delivered into service custody

    (2) Where a constable causes a person to be delivered into service custody pursuant to subsection (1), the constable shall transmit a report, which shall contain the particulars and be in the form prescribed by the Minister, to such authorities of the Canadian Forces as the Minister may prescribe.

  • R.S., c. N-4, s. 214.

Certificate of Civil Courts

Marginal note:Transmission of certificate where person tried civilly

255. Where any person subject to the Code of Service Discipline has at any time been tried by a civil court, the clerk of that court or other authority having custody of the records of the court shall, if required by any officer of the Canadian Forces, transmit to that officer a certificate setting out the offence for which that person was tried, together with the judgment or order of the court thereon, and shall be allowed for that certificate the fee authorized by law.

  • R.S., c. N-4, s. 215.

Duties respecting Incarceration

Marginal note:Execution of warrants

  • 256. (1) Every warden, governor, jailer, commanding officer, commandant or other keeper of a penitentiary, civil prison, service prison or detention barrack shall take cognizance of any warrant of committal purporting to be signed by a committing authority referred to in section 219 or 220, shall receive and detain, according to the exigency of that warrant, the person referred to therein and delivered into the custody of that warden, governor, jailer, commanding officer, commandant or other keeper, as the case may be, and shall confine that person until discharged or delivered over in due course of law.

  • (2) [Repealed, 1991, c. 43, s. 30]

  • R.S., 1985, c. N-5, s. 256;
  • 1991, c. 43, s. 30.

Manoeuvres

Marginal note:Authorization by Minister

  • 257. (1) For the purpose of training the Canadian Forces, the Minister may authorize the execution of military exercises or movements, referred to in this section as “manoeuvres”, over and on such parts of Canada and during such periods as are specified.

  • Marginal note:Notice

    (2) Notice of manoeuvres shall, by appropriate publication, be given to the inhabitants of any area concerned.

  • Marginal note:Powers

    (3) Units and other elements of the Canadian Forces may execute manoeuvres on and pass over such areas as are specified under subsection (1), stop or control all traffic thereover whether by water, land or air, draw water from such sources as are available, and do all things reasonably necessary for the execution of the manoeuvres.

  • Marginal note:Interference

    (4) Any person who wilfully obstructs or interferes with manoeuvres authorized under this section and any animal, vehicle, vessel or aircraft under the person’s control may be forcibly removed by any constable or by any officer, or by any non-commissioned member on the order of any officer.

  • Marginal note:Bar of action

    (5) No action lies by reason only of the execution of manoeuvres authorized under this section.

  • R.S., 1985, c. N-5, s. 257;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.