QR&O: Volume I - Chapter 9 Reserve Service

Section 1 - Obligation to Serve

9.01 - ACTIVE SERVICE

Section 31 of the National Defence Act provides:

"31. (1) The Governor in Council may place the Canadian Forces or any component, unit or other element thereof or any officer or non-commissioned member thereof on active service anywhere in or beyond Canada at any time when it appears advisable to do so

(a) by reason of an emergency, for the defence of Canada; or 
(b) in consequence of any action undertaken by Canada under the United Nations Charter, the North Atlantic Treaty or any other similar instrument for collective defence that may be entered into by Canada.

(2) An officer or non-commissioned member who

(a) is a member of, serving with, or attached or seconded to, a component, unit or other element of the Canadian Forces that has been placed on active service,
(b) has been placed on active service, or
(c) pursuant to law has been attached or seconded to a portion of a force that has been placed on active service,

shall be deemed to be on active service for all purposes."

(M)

(9.02: REPEALED 1 SEPTEMBER 1999)

9.03 - AID TO THE CIVIL POWER

Sections 275 and 276 of the National Defence Act provide:

"275. The Canadian Forces, any unit or other element thereof and any officer or non-commissioned member, with materiel, are liable to be called out for service in aid of the civil power in any case in which a riot or disturbance of the peace, beyond the powers of the civil authorities to suppress, prevent or deal with and requiring that service, occurs or is, in the opinion of an attorney general, considered as likely to occur.

276. Nothing in this Part shall be deemed to impose liability to serve in aid of the civil power, without his consent, on an officer or non-commissioned member of the reserve force who is, by virtue of the terms of his enrolment, liable to perform duty on active service only."

(C)

NOTE

Where members of the Supplementary Reserve are not on active service, they are not, without their consent, subject to call-out under the provisions of this article.

(C)

9.04 - TRAINING AND DUTY

(1) Subsections 33(2), (3) and (4) of the National Defence Act provide:

"33.(2) The reserve force, all units and other elements thereof and all officers and non-commissioned members thereof

(a) may be ordered to train for such periods as are prescribed in regulations made by the Governor in Council; and
(b) may be called out on service to perform any lawful duty other than training at such times and in such manner as by regulations or otherwise are prescribed by the Governor in Council.

(3) Nothing in subsection (2) shall be deemed to impose liability to serve as prescribed therein, without his consent, on an officer or non-commissioned member of the reserve force who is, by virtue of the terms of his enrolment, liable to perform duty on active service only.

(4) In this section, "duty" means any duty that is military in nature and includes any duty involving public service authorized under section 273.6."

(1 September 1999)

(2) Subject to any limitations prescribed by the Chief of the Defence Staff, a member of the Primary Reserve may be ordered to train each year on Class "B" Reserve Service prescribed under subparagraph (1)(b) of article 9.07 (Class "B" Reserve Service) for a period not exceeding 15 days and on Class "A" Reserve Service (see article 9.06 - Class "A" Reserve Service), for a period not exceeding 60 days.

(2.1) Despite paragraph (2), a member of the Primary Reserve who is a member of the Royal Canadian Mounted Police may not be ordered to train if the member is required to perform any duties under the Royal Canadian Mounted Police Act during the period of training. (22 February 2007)

(3) In an emergency, the Minister may call out on service to perform any lawful duty other than training, such members of the Reserve Force, except members of the Supplementary Reserve, and such units and elements thereof as the Minister considers necessary.(1 September 1999)

(3.1) Despite paragraph (3), a member of the reserve force who is a member of the Royal Canadian Mounted Police may not be called out on service if the member is required to perform any duties under the Royal Canadian Mounted Police Act during the period of call out. (22 February 2007)

(4) The authority of the Minister under paragraph (3) may, subject to such limitations as the Minister may prescribe, be exercised by military authorities designated by the Minister for that purpose.

(G) (P.C. 2007-215 of 22 February 2007)

NOTES

(A) For the meaning of "emergency" as used in paragraph (3) of this article, refer to article 1.02 (Definitions).

(B) Where members of the Supplementary Reserve are not on active service, they are not, without their consent, subject to call-out under the provisions of this article.

(C)

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Section 2 - Service with Consent

9.05 - SERVICE WITH CONSENT

A member of the Reserve Force may, with the member's consent and by or under the authority of the Chief of the Defence Staff, be employed with the Regular Force or another sub-component of the Reserve Force.

(G)

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Section 3 - Types of Service

9.06 - CLASS "A" RESERVE SERVICE

(1) A member of the Reserve Force is on Class "A" Reserve Service when the member is performing training or duty in circumstances other than those prescribed under articles 9.07 (Class "B" Reserve Service) and 9.08 (Class "C" Reserve Service).

(2) Class "A" Reserve Service includes proceeding to and returning from the place where the training or duty is performed, but not when that training or duty, including attendance at local parades, local demonstrations or local exercises, is performed at local headquarters.

(G)

9.07 - CLASS "B" RESERVE SERVICE

(1) A member of the Reserve Force is on Class "B" Reserve Service when the member is on full-time service and:

1. serves in a temporary position on the instructional or administrative staff of a school or other training establishment conducting training for the Reserve Force, the Royal Canadian Sea Cadets, the Royal Canadian Army Cadets or the Royal Canadian Air Cadets;
2. proceeds on such training attachment or such training course of such duration as may be prescribed by the Chief of the Defence Staff; or
3. is on duties of a temporary nature approved by the Chief of the Defence Staff, or by an authority designated by him, when it is not practical to employ members of the Regular Force on those duties.

(2) Class "B" Reserve Service includes proceeding to and returning from the place of duty.

(G)

9.075 - DEEMED FULL-TIME SERVICE

A member of the Reserve Force who is serving on an operation of a type approved by or on behalf of the Chief of the Defence Staff under subparagraph 9.08(1)(b) (Class "C" Reserve Service) is deemed to be on full-time service.

(G) (PC 2003-1372 of 17 September 2003)

9.08 - CLASS "C" RESERVE SERVICE

(1) A member of the Reserve Force is on Class "C" Reserve Service when the member is on full-time service and is serving

1. with approval by or on behalf of the Chief of the Defence Staff in a Regular Force establishment position or is supernumerary to Regular Force establishment; or
2. on either an operation or an operation of a type approved by or on behalf of the Chief of the Defence Staff.

(17 September 2003)

(1.1) For the purpose of subparagraph (1)(b), "operation" includes training and other duties necessary for the operation, and leave related to the operation. (17 September 2003)

(2) Class "C" Reserve Service includes proceeding to and returning from the place of duty.

(G) (P.C. 2003-1372 of 17 September 2003)

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Section 4 – Exemption from Training and Duty

9.09 – EXEMPTION FROM TRAINING AND DUTY – MATERNITY PURPOSES

(1) (Eligibility) An officer or non-commissioned member of the Reserve Force who has been pregnant for at least 19 weeks is entitled, on request, to be exempted from duty and training on Class "A" Reserve Service for maternity purposes for a period of up to the sum of the applicable periods of entitlement referred to in CBI subparagraph 205.461(4)(a) (Maternity and Parental Allowances) and paragraph 205.461(7).

(2) (Start and End of Period) Subject to paragraph (3), the period of exemption from duty and training shall not start more than 8 weeks before the expected date of birth and shall end not later than 18 weeks after the date of the end of the pregnancy.

(3) (Extension) The end date of the period of exemption from duty and training shall be extended by any of the following periods:

1. any period during which one or more new-born children are hospitalized, if the officer or non-commissioned member has not yet started the period of exemption from duty and training; and
2. any period during which the officer or non-commissioned member, having started but not ended the period of exemption from duty and training, returns to duty or training while one or more new-born children are hospitalized.

(4) (Limitation) A period of exemption from duty and training extended under paragraph (3) shall end not later than 52 weeks after the date of the end of the pregnancy.

(M) ( 5 October 2000; 20 July 2006))

9.10 – EXEMPTION FROM TRAINING AND DUTY – PARENTAL PURPOSES

(1) (Definition) In this article, "parental leave" means a period of leave without pay and allowances granted to an officer or non-commissioned member for parental or paternity purposes relating to one or more new-born or adopted children or children to be adopted.

(2) (Eligibility) An officer or non-commissioned member of the Reserve Force is entitled to be exempted from duty and training on Class "A" Reserve Service for parental purposes, on request, if the member

1. has the care and custody of one or more new-born children of the member;
2. starts legal proceedings under the laws of a province to adopt one or more children who are placed with the member for the purpose of adoption; or
3. obtains an order under the laws of a province for the adoption of one or more children.

(3) (Period of Exemption) The period of exemption from duty and training for parental purposes is up to

1. a period of 37 weeks; or
2. if the officer or non-commissioned member is entitled to a period of exemption from duty and training under article 9.09 (Exemption From Duty and Training – Maternity Purposes), a period of the sum of the applicable periods of entitlement referred to in CBI subparagraph 205.461(4)(b) (Maternity and Parental Allowances) and paragraph 205.461(7).

(4) (Start and End of Period) The period of exemption from duty and training shall be taken within 52 weeks of the day on which the child or children of the officer or non-commissioned member are born or the day on which the member first became entitled to be exempted from duty and training under subparagraph (2)(b) or (c).

(5) (Extension) The end date of the period of exemption from duty and training shall be extended by any of the following periods:

1. any period during which one or more new-born or adopted children or children to be adopted are hospitalized, if the officer or non-commissioned member has not yet started the period of exemption from duty and training; and
2. any period during which the officer or non-commissioned member, having started but not ended the period of exemption from duty and training, returns to duty or training while one or more new-born or adopted children or children to be adopted are hospitalized.

(6) (Limitation) A period of exemption from duty and training extended under paragraph (5) shall end not later than 52 weeks after the day on which the child or children of the officer or non-commissioned member are born or the day on which the member first became entitled to be exempted from duty and training under subparagraph (2)(b) or (c).

(7) (Combined Periods – Parental Reasons) Subject to paragraph (8), if both parents are members of the Canadian Forces, the sum of the periods of exemption from duty and training to which the parents are entitled under this article, or the sum of the periods of exemption from duty and training under this article and any parental leave under article 16.27 (Parental Leave) to which the parents are entitled, shall not exceed 37 weeks.

(8) (Combined Periods – Parental and Maternity Reasons) If both parents are members of the Canadian Forces and one parent is entitled to an exemption from duty and training under article 9.09 or is entitled to maternity leave under article 16.26 (Maternity Leave), the sum of the period of exemption from duty and training under article 9.09 or maternity leave under article 16.26 to which a parent is entitled, and the periods of exemption from duty and training under this article and any parental leave under article 16.27 to which the parents are entitled, shall not exceed 52 weeks.

(M) (20 May 2001; 20 July 2006)

(9.11 TO 9.99 INCLUSIVE: NOT ALLOCATED)