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  • Canadian Veterans Legal Services

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

An Act respecting national defence

Short Title

Marginal note:Short title

1 This Act may be cited as the National Defence Act.

  • R.S., c. N-4, s. 1


Marginal note:Definitions

  • 2 (1) In this Act, aircraft means flying machines and guided missiles that derive their lift in flight chiefly from aerodynamic forces, and flying devices that are supported chiefly by their buoyancy in air, and includes any aeroplane, balloon, kite balloon, airship, glider or kite; (aéronef)aircraft material means engines, fittings, armament, ammunition, bombs, missiles, gear, instruments and apparatus, used or intended for use in connection with aircraft or the operation thereof, and components and accessories of aircraft and substances used to provide motive power or lubrication for or in connection with aircraft or the operation thereof; (matériel aéronautique)civil court means a court of ordinary criminal jurisdiction in Canada and includes a court of summary jurisdiction; (tribunal civil)civil custody means the holding under arrest or in confinement of a person by the police or other competent civil authority, and includes confinement in a penitentiary or civil prison; (garde civile)civil prison means any prison, jail or other place in Canada in which offenders sentenced by a civil court in Canada to imprisonment for less than two years can be confined, and, if sentenced outside Canada, any prison, jail or other place in which a person, sentenced to that term of imprisonment by a civil court having jurisdiction in the place where the sentence was passed, can for the time being be confined; (prison civile)Code of Service Discipline means the provisions of Part III; (code de discipline militaire)court martial includes a General Court Martial and a Standing Court Martial; (cour martiale)Court Martial Appeal Court means the Court Martial Appeal Court of Canada established by section 234; (Cour d’appel de la cour martiale)criminal organization has the same meaning as in subsection 467.1(1) of the Criminal Code; (organisation criminelle)criminal organization offence means

    • (a) an offence under section 467.11, 467.111, 467.12 or 467.13 of the Criminal Code, or a serious offence committed for the benefit of, at the direction of, or in association with, a criminal organization, or

    • (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a); (infraction d’organisation criminelle)

defence establishment means any area or structure under the control of the Minister, and the materiel and other things situated in or on any such area or structure; (établissement de défense)Department means the Department of National Defence; (ministère)Deputy Minister means the Deputy Minister of National Defence; (sous-ministre)detention barrack means a place designated as such under subsection 205(1); (caserne disciplinaire)emergency means an insurrection, riot, invasion, armed conflict or war, whether real or apprehended; (état d’urgence)enemy includes armed mutineers, armed rebels, armed rioters and pirates; (ennemi)enrol means to cause any person to become a member of the Canadian Forces; (Version anglaise seulement)finding of not responsible on account of mental disorder means a finding made under subsection 202.14(1); (verdict de non-responsabilité pour cause de troubles mentaux)Grievance Board[Repealed, 2013, c. 24, s. 2]Grievances Committee means the Military Grievances External Review Committee continued by subsection 29.16(1); (Comité des griefs)Her Majesty’s Canadian Ship means any vessel of the Canadian Forces commissioned as a vessel of war; (navire canadien de Sa Majesté)Her Majesty’s Forces means the armed forces of Her Majesty wherever raised, and includes the Canadian Forces; (forces de Sa Majesté)

Sources: Government of Canada | Last updated: March 08 2021

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