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

Act current to 2013-04-29 and last amended on 2013-02-28. Previous Versions

Marginal note:Connivance at desertion

89. Every person who

  • (a) being aware of the desertion or intended desertion of a person from any of Her Majesty’s Forces, does not without reasonable excuse inform his superior officer forthwith, or

  • (b) fails to take any steps in his power to cause the apprehension of a person whom he knows, or has reasonable grounds to believe, to be a deserter,

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. 79.

Absence without Leave

Marginal note:Offence

  • 90. (1) Every person who absents himself without leave is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

  • Marginal note:Definition

    (2) A person absents himself without leave who

    • (a) without authority leaves his place of duty;

    • (b) without authority is absent from his place of duty; or

    • (c) having been authorized to be absent from his place of duty, fails to return to his place of duty at the expiration of the period for which the absence of that person was authorized.

  • R.S., c. N-4, s. 80.
Marginal note:False statement in respect of leave

91. Every person who knowingly makes a false statement in respect of prolongation of leave of absence 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. 81.

Disgraceful Conduct

Marginal note:Scandalous conduct by officers

92. Every officer who behaves in a scandalous manner unbecoming an officer is guilty of an offence and on conviction shall suffer dismissal with disgrace from Her Majesty’s service or dismissal from Her Majesty’s service.

  • R.S., c. N-4, s. 82.
Marginal note:Cruel or disgraceful conduct

93. Every person who behaves in a cruel or disgraceful manner is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding five years or to less punishment.

  • R.S., c. N-4, s. 83.
Marginal note:Traitorous or disloyal utterances

94. Every person who uses traitorous or disloyal words regarding Her Majesty 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. 84.