Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

National Defence Act

Version of section 157 from 2022-06-20 to 2024-04-01:


Marginal note:Issue of warrants

  •  (1) Subject to subsection (2), every commanding officer, and every officer to whom a commanding officer has, under section 162.94, delegated the power to conduct a summary hearing, may by a warrant under his or her hand authorize any person to arrest any person subject to the Code of Service Discipline who

    • (a) has committed a service offence;

    • (b) is believed on reasonable grounds to have committed a service offence; or

    • (c) is charged under this Act with having committed a service offence.

  • Marginal note:Limitation

    (2) An officer authorized to issue a warrant under this section shall not, unless the officer has certified on the face of the warrant that the exigencies of the service so require, issue a warrant for the arrest of any officer of rank higher than the rank held by the officer so authorized.

  • Marginal note:Limitation

    (2.1) An officer authorized to issue a warrant under this section shall not issue a warrant for the arrest of any person who is a member of, serving with, or attached or seconded to the same unit of the Canadian Forces as the officer.

  • Marginal note:Contents of warrants

    (3) In any warrant issued under this section, the offence in respect of which the warrant is issued shall be stated and the names of more persons than one in respect of the same offence, or several offences of the same nature, may be included.

  • Marginal note:Saving provision

    (4) Nothing in this section shall be deemed to be in derogation of the authority that any person, including an officer or non-commissioned member, may have under other sections of this Act or otherwise under the law of Canada to arrest any other person without a warrant.

  • R.S., 1985, c. N-5, s. 157
  • R.S., 1985, c. 31 (1st Supp.), ss. 50, 60
  • 2019, c. 15, s. 17

Date modified: