Language selection

Government of Canada / Gouvernement du Canada

Search

Canadian Armed Forces Military Personnel Instruction 05/05 – Terms of Service

Table of Contents

  1. Identification
  2. Definitions
  3. Introduction
  4. Scope
  5. Re-Engagement
  6. References
  7. Annexes

   

Chef of Military Personnel Crest

1. Identification

Date of Issue: 2005-01-14 

Date of Modification: 2025-02-28

Application: This instruction applies to officers and non-commissioned members (NCMs) of the Canadian Armed Forces (CAF).

Supersession:

Approval Authority: Chief of Military Personnel (CMP) 

Enquiries: Administrative Response Centre (ARC)

2. Definitions

Core Terms of Service (TOS) (Conditions de service (CS) de base) 

Means engagements specified as the default sequence for a specific occupation.

Re-engage (Rengager)

Means to cause members to serve in the Regular Force on a new TOS.

Restricted Release Date/Period (RRD/P) (Date/période de libération restreinte (D/PLR))

Means a period of time during which a request for an additional occupational transfer or voluntary release will not normally be approved. RRD/P does not apply to in-service commissioning programs.

3. Introduction

Purpose 

3.1 This instruction amplifies QR&O article 6.12, Duration of Service – Officers, QR&O article 6.22, Duration of Service – Non Commissioned Members, QR&O article 6.23, Conditions of Re-Engagement, and QR&O chapter 15, Release, and establishes the structure, the policy, and the administrative procedures for offering TOS. This instruction replaces the Canadian Forces Career Development Plan (CFCDP). 

Objectives 

3.2 The objectives of TOS are to manage the personnel strength of the CAF to ensure its ability to mount and sustain operations. 

General 

3.3 TOS identifies the time period of the obligation voluntarily assumed by a member to serve in the CAF until lawfully released. TOS provide a framework for the CAF to plan for the training, employment and personnel development of those members to meet the requirements of the CAF. 

Engagements

3.4 Four defined engagements are used for members of the Regular Force: 

Engagement Description
Variable Initial Engagement (VIE) A fixed period of service of varying lengths that may be offered as an initial engagement for members of the Regular Force, except for skilled re-enrollees. The duration of the VIE varies based on the occupation, details and factors found at Annex B. The three options for continuing service upon completion of the VIE may include: CE, IE25, or IPS.
Continuing Engagement (CE) A fixed period of service of varying lengths that may be offered to members of the Regular Force (except for skilled re-enrollees) after any TOS, including post-VIE CE, post-intermediate engagement (post-IE) CE, CE beyond compulsory retirement age (CRA), or CE exceptions. Commanding Officers may offer a post VIE CE, if a CE is part of the TOS sequence annotated for that occupation in accordance with Appendix 1 of Annex A. The Director Military Careers Administration (DMCA) must offer all other CEs, including post-IE CEs.
Intermediate Engagement 25 (IE25) 9131 days of CAF service as defined under the Canadian Forces Superannuation Regulations (i.e. days of service for which the member received or was deemed to have received pay). The two options for continuing service upon completion of the IE25 may include: CE, or IPS.
Indefinite Period of Service (IPS) A TOS which allows a Regular Force member to serve until CRA or until otherwise lawfully released. For the Regular Force, the Annual Military Occupational Review (AMOR) may recommend an IPS post-VIE, post-IE, or post-CE. A Director-General Military Careers (DGMC) selection process will always precede Regular Force IPS offers.

Note – A diagram depicting the TOS structures for the Regular Force and the Reserve Force is attached at Annex A. 

Terms of Service (TOS) Sequence – Regular Force

3.5 The normal sequence of TOS for a Regular Force military occupation is VIE – CE – IE25 – IPS. However, the AMOR may recommend alternative TOS sequences for occupations assigned to occupation authority. CMP is the approving authority. The sequences for each occupation are in accordance with Appendix 1 to Annex A.

Terms of Service (TOS) Sequence Reserve Force

3.6 Members are enrolled for an indefinite period of service and are obliged to serve under the conditions detailed in QR&O 9.01 through 9.05 until lawfully released; therefore there are no engagements and there is no sequencing of TOS. 

Policy Principles 

3.7 The following policy principles will guide the operation of the new TOS:

  1. individual needs and desires must be considered amongst those of other CAF members and weighed against the operational imperative and organizational demands;
  2. if more than one type of TOS is to be offered to an eligible group of members a selection process must be initiated; and 
  3. a selection process will always precede IPS and post-IE CE offers.

Note – the offer, approval, and denial of TOS is a CAF management decision in which the member is not entitled to any participation. However, offers of TOS will be made in a fair and transparent manner.

Administrative Principles 

3.8 The following administrative principles will guide the operation of TOS: 

  1. the denial of additional TOS must not be used to address conduct or performance deficiencies;
  2. any person subject to administrative or remedial measures under DAOD 5019 series, DAOD 5012-0, Harassment Prevention and Resolution, and DAOD 5044-4, Family Violence may be released once those measures have been fully applied, regardless of any TOS offered and accepted; 
  3. each TOS is a separate commitment by CAF members; 
  4. the approval of one TOS does not imply that a subsequent TOS will be authorized; 
  5. regardless of the TOS on which members are engaged, members remain eligible for promotion and posting and must retire on reaching CRA; 
  6. members offered TOS are encouraged to consult the Government of Canada Pension Centre at Public Services and Procurement Canada (PSPC) to understand the pension implications of any options prior to accepting the offer. It is the member’s responsibility to become informed and understand the implications of their TOS decisions on their pension benefits; and 
  7. members may be released compulsorily in accordance with QR&O chapter 15 and DAOD 5019 notwithstanding that they serve on TOS.

4. Scope

Terms of Service (TOS) on Enrolment 

4.1 Personnel who enroll for the first time in the Regular Force on or after 1 May 2005, including former Regular Force members, will be enrolled on a VIE in accordance with the occupation at Appendix 1 of Annex A.

4.2 Skilled re-enrollees who enroll in an occupation in which they are considered skilled, may be offered a reduced initial engagement period. Canadian Forces Recruiting Group (CFRG), in consultation with the Career Manager, is authorized to offer these members a CE instead of a VIE. The CE must be for a period of a minimum of 18 months to a maximum of the length of the VIE for the occupation to which members are assigned. The actual period will be based on the needs of the CAF at the time of the offer.

4.3 The forms at Annex C (DND 2315 – Terms of Service) and the CF444 – Canadian Forces Enrolment Form will be used by CFRG for all Regular Force enrollees. The DND2315 is then forwarded to DMCA for audit. 

4.4 The CF444 – Canadian Forces Enrolment Form will be used by units for all Reserve Force enrollees.

Terms of Service (TOS) on Component Transfer 

4.5 Members who transfer from the Reserve Force into the Regular Force will be converted to a VIE in accordance with Appendix 1 of Annex A.

4.6 Skilled members who transfer from the Reserve Force into the Regular Force who are assigned an occupation in which they are considered skilled, may be offered a reduced initial engagement period. Director Military Careers Policy and Grievances (DMCPG), in consultation with the Career Manager, is authorized to offer these members a CE instead of a VIE. The CE must be for a period of a minimum of 18 months to a maximum of the length of the VIE for the occupation to which members are assigned. The actual period will be based on the needs of the CAF at the time of the offer.

4.7 Applicants for re-enrolment or for transfer to the Regular Force who have insufficient time remaining to retirement age to complete a VIE and who are immediately operational in an establishment position may also be offered a reduced period of service.

4.8 Members who transfer from the Regular Force into the Reserve Force will be converted to an IPS.

Terms of Service (TOS) on Occupation Transfer – Voluntary Occupation Transfer (VOT)

4.9 Regular Force members who undergo a VOT must agree to a minimum 3-year RRD/P and TOS adequate for a period of obligation to help recover the training invested in bringing members to the Operationally Functional Point (OFP) in the new occupation. This includes members who complete a VOT on Component Transfer. 

4.10 Members must sign the Statement of Understanding (SOU) form at Annex D. The SOU is signed prior to commencement of training, however, the 3-year RRD/P commences the day after members reach OFP.

4.11 Members who undergo VOT while on an IE, remain on an IE, provided there is sufficient time remaining in the IE to complete a period of service equal to the VIE length specified for the new occupation in accordance with Appendix 1 of Annex A.

4.12 Members who do not have sufficient time remaining on their current period of service (IE included) may be offered a CE to cover the length of the VIE of the new MOSID which becomes effective the date the member accepts and signs the re-engagement form. This includes members serving on an IE20 (with or without projected TOS).

Terms of Service (TOS) on Occupation Transfer – Compulsory Occupation Transfer (COT) 

4.13 Members who undergo COT are not subject to an RRD/P.

Terms of Service (TOS) under Restricted Release Date/Period 

4.14 Occupation Authorities manage RRD/P for occupations within their responsibility. CAFMPI 05/05 Annex A, Appendix 2 contains a collated list of RRD/P.

4.15 Members must sign the SOU form at Annex D, prior to the commencement of training. The SOU form is to be modified, as required, for the specifics of the RRD/P and managed by the occupation.

4.16 Members subject to an RRD/P must have TOS of sufficient length (as determined by DMCA) to complete the RRD/P.

4.17 In the event that the RRD/P cannot be completed within the member’s current TOS, the applicable Career Manager must advise DMCA so that further TOS are offered to the member prior to the commencement of training.

4.18 Multiple RRD/P hold separate obligations and are administered separately (ie.: VOT and trade specific RRD/P).

4.19 Periods of obligatory service and RRD/P run concurrently.

4.20 Any authorized Leave Without Pay (LWOP) must not count toward periods of obligatory service and/or RRD/P. Members whose TOS will expire upon returning to duty following LWOP before a period of obligatory service and/or RRD/P has been completed will have the option to accept the next core TOS in accordance with sequence, as applicable (see paragraphs 5.36 to 5.40); or withdraw the request for LWOP.

Change in Rank

4.21 Members who revert in rank and remain in the same occupation must remain on their current TOS and will continue to follow the occupational TOS sequence, if they are deemed suitable for further TOS. 

4.22 Members who revert in rank as a result of a VOT must follow the directions detailed in paragraphs 4.9 to 4.13.

4.23 Members who revert in rank from Officer to NCM (relinquishment of rank) must continue to serve on their current TOS. Their next TOS offer will be in accordance with CAFMPI 05/05 – Annex A Appendix 1 for their new occupation. 

4.24 Reg F NCMs who are selected for in-service commissioning plans may be required to sign new TOS in accordance with their respective commissioning plan and the TOS sequence for the new officer occupation.

5. Re-Engagement

Principle

5.1 Members may be re-engaged only if there is a service requirement and if members voluntarily accept the re-engagement. 

Authority 

5.2 Commanding Officers have the authority to offer the TOS appropriate to the member’s component, trade, entry/production plan and rank, in accordance with the sequences detailed in Appendix 1 to Annex A unless otherwise directed by DMCA. The Commanding Officer’s authority must not be delegated. DMCA remains the sole authority to make Regular Force TOS offers of IPS and post-IE CE. 

Eligibility Criteria 

5.3 To be eligible for re-engagement a service requirement must exist.

Timing 

5.4 Commanding Officers must offer members further terms of service in accordance with Appendix 1 of Annex A of this instruction. The offers must be made 12 months prior to the end of the member’s current period of service.

5.5 Members may be required to re-engage earlier than normal with substantiating support documents as a condition of: 

  1. selection for formal training leading to QL 5 or higher qualification, and/or education as prescribed by DGMC;
  2. occupational transfer;
  3. an extension of Obligatory Service or RRD/P due to period(s) of LWOP, as per see paragraphs 5.36 to 5.40;
  4. selection for OUTCAN posting as prescribed by DGMC; or
  5. other circumstances as prescribed by DMCA.

Effective Dates 

5.6 All TOS that are offered to members after a VIE will take effect the date members accept and sign Part III of the re-engagement form. 

5.7 Once a re-engagement becomes effective it cannot be revoked.

Note – Only post-IE20 CE and IPS offers will take effect the day after the IE20 is completed. Members may request to DMCA in writing to have these projected TOS modified or cancelled prior to becoming effective, however new TOS offers will be based upon policies, procedures, and service requirements at the time of the new offer.

Administrative Process – Offers in accordance with Annex A – Appendix 1

5.8 To process a TOS offer, the unit records support (URS) must prepare the form at Annex C and forward it to the member’s Commanding Officer for the following action:

  1. COs must sign and date Part II and members must be notified of the reengagement offer;
  2. When notified of the re-engagement offer, members have 30 days to indicate acceptance or refusal of the offered TOS in Part III in the presence of a commissioned officer;
  3. In the event members fail to sign the offer within the 30 day time period, the unit must annotate in Part III that members have refused the offer. Members may then be released at the end of their current TOS, unless the member is subject to obligatory service; and
  4. The form must then be reviewed by the URS to ensure that all entries are accurate and complete. Part IV will be completed and the data will be entered into the Human Resource Management System (HRMS) by the URS.

Administrative Process – Offers issued by Director Military Careers Administration (DMCA) 

5.9 DMCA offers are to be returned within 90 days of the date time group of the DMCA message, the unit must forward the form, indicating the members’ acceptance or refusal of the offer;

5.10 In special circumstances, a substantiated request for extension of the offer expiry date must be forwarded to DMCA; and

5.11 When notified of the re-engagement offer, members have 30 days to indicate acceptance or refusal. In the event members fail to sign the offer within the 30 day time period, the unit must annotate in Part III that members have refused the offer. Members may then be released at the end of their current TOS, unless the member is subject to obligatory service.

Administrative Process – Form Distribution 

5.12 Completed forms are to be distributed as follows:

  1. Copy 1 to DMCA (TOS).
  2. Copy 2 to Unit Personnel Record.
  3. Copy 3 to the member 

Terms of Service (TOS) Sequence Exception 

5.13 A Regular Force member who is a non-Canadian citizen and has applied for citizenship but has not yet received it may be offered a 1-year CE in order to complete the process. Once citizenship is obtained, the member becomes eligible for the normal TOS sequence for the occupation.

5.14 A Regular Force member who is a non-Canadian citizen and who has not applied for Canadian citizenship may be offered a CE no longer than the initial period of service on which they were enrolled, if the conditions which led to their enrolment continue to be met (i.e. a special need exists and there is no threat to the national interest, as specified in DAOD 5002-1, Enrollment – Regular Force).

5.15 Commanding Officers must offer a CE to members who cannot complete an IE25 prior to reaching CRA. The CE must have an end date that coincides with the members’ CRA.

5.16 A CE may also be offered to address Administrative Reviews. Requests for a CE to address Administrative Reviews may be submitted by the member to DMCA through their Chain of Command. The Chain of Command may likewise offer to the member a CE to address Administrative Reviews.

5.17 CEs must not be approved as a method of providing time for Service Personnel Holding List (SPHL), sick leave, grievances or disciplinary matters related to summary hearings or courts martial. If a member requires significant medical treatment for which the member is to be retained in the CAF beyond the expiry of their current TOS, the CoC/CFHS may request that additional TOS be offered to cover the treatment period.

Conversion to Indefinite Period of Service (IPS)/Post-Intermediate Engagement (post-IE) Continuing Engagement (CE)

5.18 Offers of post-VIE IPS and all TOS post-IE will be centrally administered by DGMC and based on the recommendation of the AMOR. Members are offered an IPS or post-IE CE through a DGMC selection process. Members’ files will be reviewed twice by DGMC for an IPS offer as follows:

Serving on a Reviewed on member's
IE20 17th and 18th year
IE25 22nd and 23rd year

5.19 TOS will take effect the date the member accepts and signs Part III of the reengagement form, with the exception of the first TOS post-IE20 which take effect upon completion of the IE20. 

5.20 Members on a fixed period of service (FPS)/SE (20 combined years) may submit a written request for either a CE or an IPS offer to DMCA through their Chain of Command Officers. The Chain of Command may likewise offer a CE or an IPS to members on a FPS/SE (20 combined years) if directed by DMCA. Members who request a CE or IPS are encouraged to meet/discuss with PSPC to understand the pension implications of the option they choose.

5.21 Members on a Post-IE CE 5 may request further TOS (IPS) from DMCA in writing through their chain of command, complete with CO’s recommendations.

5.22 Those members not offered conversion to IPS as a result of the two review boards may be considered for a CE depending on the recommendations made by the AMOR. DMCA will send all Post-IE offers to units in the form of a message.

5.23 Members who have been promoted must be given a third review for further TOS. 

Continuing Engagement (CE) Exceptions

5.24 Members who refuse the next core TOS may be offered a CE if there is a short-term, urgent military requirement. Substantiated requests from Commanding Officers must be forwarded to the Career Manager, for a DMCA decision. Reasons for granting a CE may include the requirement to retain members with unique qualifications, special skills, or to fill a critical position until the Active Posting Season.

5.25 Members serving on a post-IE CE are excluded, unless provisions are made in the AMOR for granting further CE offers. 

5.26 DMCA will authorize a CE exception through a DMCA message. Once units receive this authority to offer a CE, the TOS form at Annex C must be completed. 

Terms of Service (TOS) Acceptance

5.27 Members remain responsible for their TOS decisions.

5.28 No TOS is effective until the member voluntarily accepts it in writing.

Administrative Review

5.29 If a member is not offered TOS, DMCA will conduct a TOS Administrative Review in accordance with DAOD 5019-2, Administrative Review to determine the reason, take corrective action and direct whether TOS is to be offered to the member. 

5.30 In accordance with QR&O 15.02, members have a right to release at the end of their TOS. Should members require additional TOS to allow for pending Administrative Review decisions, members may request the next core TOS from DMCA through the Chain of Command. If members refuse to accept the TOS offer, members may be released at the end of their current TOS, unless the member is subject to obligatory service.

Terms of Service (TOS) Refusal/Denial

5.31 Those members who are not offered a TOS, as a result of either an AMOR or an Administrative Review decision; or do not accept an offer of further TOS, will remain on their current TOS until lawfully released.

5.32 Members who refuse an offer of the next core TOS to cover obligatory service or RRD/P, will continue to serve until the end of the obligation period at which time they may be lawfully released. 

5.33 Members who have refused an offer for TOS conversion may request to be reconsidered for the TOS originally offered. The request must be submitted through the members’ Commanding Officer to DMCA. Reconsideration is based on the health of the occupation at the time of the request, for example, if the occupation is above the preferred manning level (PML), the request to be reconsidered for further TOS may be denied. 

Obligatory Service/Subsidized Training

5.34 Successful candidates for subsidized training and education must first accept a TOS of sufficient length to enable them to discharge their obligatory service prior to undergoing the training or education. Members will be offered further TOS in accordance with CAFMPI 05/05 Annex A Appendix 1. The offer must cover obligatory service. Once members accept TOS, only changes that lengthen those TOS to cover additional obligatory service will be considered.

5.35 Periods of obligatory service and RRD/P run concurrently. 

Leave Without Pay (LWOP)

5.36 Time spent on LWOP must not count towards members’ obligatory service and/or RRD/P. Commanding Officers must ensure that members who are granted LWOP while serving on a period of obligatory service and/or RRD/P have sufficient time remaining in their current TOS to complete the period of obligatory service and/or RRD/P. If members have insufficient time remaining in their current TOS they must accept the next core TOS before proceeding on LWOP. Otherwise, Commanding Officers may not approve the request for LWOP. 

5.37 Commanding Officers must ensure that periods of LWOP are considered when determining the end date for IE25 offers. For example, a member who enrolled 15 January 2015 and proceeded on 4 days of LWOP (15-18 January), the IE25 would end 18 January 2040. 

5.38 Members authorized LWOP (except for MATA/PATA, which counts as paid service) must be given an opportunity to serve the additional time required to complete the 9131 days of Canadian Forces service, within the meaning of sections 3 and 3.1 of the Canadian Forces Superannuation Regulations, by having their IE25 extended. Members who intend to release from the CAF on completion of their IE25 should consult with PSPC to determine their exact 9131 day calculation. This is normally done twelve months prior to their IE25 expiry date. If a member determines that their IE25 is not long enough to qualify for an Immediate Annuity (IA), they should report to their Orderly Room (OR) to have their IE25 end date amended using the calculation produced by PSPC.

5.39 The unit OR will update the DND 2315 (from the member’s personnel file), update the HRMS TOS panel, and forward updated DND 2315 (initialed by member) along with the PSPC 9131 day calculation to DMCA 4 (TOS) for audit and retention in PERMIS. IE25 end dates will only be lengthened.

5.40 The overall responsibility rests with the member to ensure they have adequate time to qualify for an IA. Notwithstanding that the CAF is under no obligation to assure that an individual member will serve enough days to achieve a specific entitlement under the Canadian Forces Superannuation Act, it is recommended that all units assist their members, as required, and advise them of their responsibilities. In order to reduce the administrative resources required to implement these changes, priority should be given to members nearing completion of their IE25 who have the intention of releasing upon completion of their IE25. For those members who intend on accepting further TOS, there is no requirement to amend the IE25 expiry date, however members are still required to accrue 9131 days of CAF service to be entitled to an IA on release.

Compulsory Age Retirement

5.41 Members must retire on reaching compulsory retirement age in accordance with QR&O article 15.17, QR&O article 15.31 and CAFMPI 14/04, regardless of the time remaining on the TOS on which members are serving, unless service beyond CRA has been approved at the appropriate level.

Service Beyond compulsory retirement age (CRA)

5.42 Members may be retained in the Regular Force beyond the prescribed retirement age through an extraordinary process that requires higher authority for approval. Service beyond CRA must be based on a short-term military requirement for a specific position and the member’s suitability for the position with respect to training, ability, and experience. Requests are to be forwarded to DMCA through the applicable Career Manager.

5.43 All approved requests for TOS beyond CRA will be formalized by DMCA messages. Once units receive a message to offer TOS, the form at Annex C must be completed.

Audit

5.44 All TOS offer messages and forms will be audited by DMCA for correct dates and types of offers.

5.45 If errors are found, DMCA will direct that the offer be corrected or re-issued, with acknowledgement by the member by initialing next to the amendment. 

Release

5.46 TOS create a potential, not an entitlement, to serve to the termination date. Regardless of the TOS on which members are serving, members may be released should service requirements or policy so dictate. 

5.47 Policy and procedures governing the release of members are contained in QR&O Chapter 15 and are amplified by CFAO 15-2.

5.48 During release proceedings, if it is found that members were not offered further TOS as a result of an administrative oversight, they must be offered the next core TOS. Members may accept or refuse the offer by signing the TOS form at Annex C before they are released.

6. References

Acts, Regulations, Central Agency Policies and Associated DAOD

Other References

7. Annexes

  1. Annex A
    1. Appendix 1 – TOS Sequence by Occupation – NCMs
    2. Appendix 2 – List of Restricted Release Dates/Periods
  2. Annex B – Variable Initial Engagement (VIE)
  3. Annex C – Terms of Service and Canadian Forces Enrolment Form
  4. Annex D – Statement of Understanding and Undertaking – Restricted Release

Page details

Date modified: