DAOD 5049-1, Obligatory Service
Table of Contents
1. Introduction
Date of Issue: 1998-06-12
Date of Last Modification: 2014-09-17
Application: This is an order that applies to members of the Canadian Armed Forces (CAF).
Supersession: CFAO 15-7, Obligatory Service
Approval Authority: This DAOD is issued under the authority of the Chief of Military Personnel (CMP).
Enquiries: Director General Military Careers (DGMC)
Scope
2.1 Obligatory service is a specified period of time that a CAF member must serve, in accordance with:
- QR&O 15.07, Voluntary Release After Subsidized Education or Training, as a result of having received subsidized education or training while on full-time paid service;
- QR&O 15.075, Voluntary Release After Receipt of Pilot Terminable Allowance, as a result of having received the Pilot Terminable Allowance; or
- QR&O 15.071, Voluntary Release After Receipt of Medical or Dental Officer Direct Entry Recruitment Allowance.
Purpose
2.2 The purpose of obligatory service is to restrict the right to voluntary release of CAF members who have received subsidized education or training, the Pilot Terminable Allowance or the Medical or Dental Officer Direct Entry Recruitment Allowance in order to:
- maintain the effectiveness of the CAF; and
- ensure that those members provide an equitable return of service.
Statement of Understanding Form
3.1 CAF members must complete a "Statement of Understanding" form to acknowledge the conditions and limitations that will affect their employment and right of release as a result of having received subsidized education or training, the Pilot Terminable Allowance or the Medical or Dental Officer Direct Entry Recruitment Allowance.
Leave Without Pay
3.2 Obligatory service shall be extended by any leave without pay authorized during the member's period of obligatory service.
3.3 Commanding Officers (CO) must ensure that members who are granted leave without pay while serving on a period of obligatory service have sufficient time remaining in their current term of service to complete the period of obligatory service.
Simultaneous Periods of Obligatory Service
3.4 Prior to the completion of a period of obligatory service, members are not normally permitted to incur more obligatory service. The Director General Military Careers (DGMC) must approve any exceptions. In those cases, the new period of obligatory service will be added to the unexpired portion of the previous period of obligatory service. The two periods will be served consecutively and in the order in which they are incurred.
3.5 Members cannot serve a period of obligatory service while receiving education or training that will incur additional obligatory service. The original period of obligatory service will be extended by the period of subsidized education or training.
Example:
A member has one year remaining on a period of obligatory service. The member starts training that will incur two years of obligatory service. At the end of the training, the member will have to serve three years of obligatory service.
Voluntary Release
3.6 Members serving a period of obligatory service will not normally be released on request under Item 4 (Voluntary) of the table to QR&O article 15.01, Release of Officers and Non-Commissioned Members.
3.7 A request for voluntary release by a CAF member prior to the expiration of a period of obligatory service may be approved by DGMC when there are special and unforeseen circumstances and if the exigencies of the service permit. Special and unforeseen circumstances are circumstances that are:
- compelling in nature; and
- unique or extraordinary to the member.
3.8 CAF members who are granted a voluntary release for other than compassionate reasons prior to the expiration of a period of obligatory service are subject to repayment of costs associated with the subsidized education or training or to repayment of the Pilot Terminable Allowance, the Medical Officer Direct Entry Recruitment Allowance or the Dental Officer Direct Entry Recruitment Allowance. Compassionate reasons are those that, in the opinion of DGMC:
- would seriously prejudice the health or welfare of a member or the member's immediate family if military service continued; and
- can only be improved as a result of release, as opposed to such other options as leave, leave without pay or posting.
3.9 The requirements for repayment by members who have received:
- subsidized education or training are found in QR&O 15.07, Voluntary Release After Subsidized Education or Training;
- the Pilot Terminable Allowance are found in QR&O 15.075, Voluntary Release After Receipt of Pilot Terminable Allowance; and
- the Medical Officer Direct Entry Recruitment Allowance or the Dental Officer Direct Entry Recruitment Allowance are found in QR&O 15.071, Voluntary Release After Receipt of Medical or Dental Officer Direct Entry Recruitment Allowance.
Overview
4.1 The Pilot Terminable Allowance is a benefit extended to eligible pilots, when authorized by the Chief of the Defence Staff, in exchange for which those pilots who receive the allowance are committed to continue to serve for a specified period of time as a pilot.
4.2 The benefit and its conditions are prescribed in QR&O 205.51, Pilot Terminable Allowance.
4.3 The duration of the period of obligatory service for pilots in receipt of the Pilot Terminable Allowance is prescribed in QR&O 15.075, Voluntary Release After Receipt of Pilot Terminable Allowance.
Commencement
4.4 Obligatory service normally commences on the date the undertaking referred to in QR&O 205.51 was signed by the member.
Exception - Where pilots are already serving a period of obligatory service, obligatory service related to the Pilot Terminable Allowance will commence on the day following the expiration of the original period of obligatory service. (See also the heading entitled Simultaneous Periods of Obligatory Service)
Overview
5.1 The Medical and Dental Officer Direct Entry Recruitment Allowances are benefits extended to eligible direct entry medical and dental officers, when authorized by the Chief of the Defence Staff, in exchange for which those medical and dental officers who receive the allowance are committed to serve for a specified period of time as a medical or a dental officer.
5.2 The benefits and their conditions are prescribed in QR&O 205.52, Medical Officer Direct Entry Recruitment Allowance and QR&O 205.53, Dental Officer Direct Entry Recruitment Allowance.
5.3 The duration of the period of obligatory service for medical and dental officers in receipt of either the Medical Officer Direct Entry Recruitment Allowance or the Dental Officer Direct Entry Recruitment Allowance is prescribed in QR&O 15.071, Voluntary Release After Receipt of Medical or Dental Officer Direct Entry Recruitment Allowance.
Commencement
5.4 Obligatory service normally commences on the date continuous full time service commences.
Conditions
6.1 CAF members will not normally be selected for subsidized education or training when the resultant period of obligatory service will extend beyond the date on which their current term of service expires.
6.2 The Director Military Careers Administration and Resource Management (DMCARM) may permit members to convert their current term of service in order to extend their term of service to a date following the anticipated completion date of a period of obligatory service.
Duration
6.3 The minimum periods of obligatory service are prescribed in QR&O 15.07, Voluntary Release After Subsidized Education or Training.
6.4 For specific periods of obligatory service associated with education and training, see the heading entitled Education or Training Incurring Obligatory Service.
Calculation of Obligatory Service
6.5 The duration of a course of study is counted in calendar months to the nearest half-month. Obligatory service will normally be incurred when a course of study is six months or longer, and will be calculated on the basis of two months' service for each month of education or training, using the start and end dates of the course of study.
Example:
Course of study starts 6 Sep 1998 and ends 21 Apr 2000
Obligatory service will be calculated from 1 Sep 1998 to 15 Apr 2000 (rounded to the nearest half-months) = 19.5 months
Total period of obligatory service = 39 months (19.5 x 2) starting 22 Apr 2000
6.6 The maximum period of obligatory service that can be incurred for a course of study leading to a specific qualification is 60 months. Where further education or training is required to attain an additional specific qualification, that education or training incurs obligatory service. The total period of obligatory service may, therefore, exceed 60 months. (See the heading entitled Simultaneous Periods of Obligatory Service).
6.7 For example, postgraduate training and the Regular Officer Training Plan (ROTP) are programs that each incur obligatory service. In cases where postgraduate training immediately follows training completed under the ROTP, the periods of obligatory service will be cumulative and the total period will exceed 60 months.
Reducing Obligatory Service
6.8 Where a course of study is split into phases or semesters, obligatory service will be calculated using the start and end dates of the course of study. However, members may subsequently request that the obligatory service be reduced by any periods of approved leave or military employment between phases or semesters, except where that employment is necessary to meet the requirements of the course of study.
6.9 Requests should be forwarded through the member's CO to the appropriate career manager and must be supported by appropriate documents (i.e. a stamped leave pass or a statement from the member's unit detailing the dates of employment and the work performed).
6.10 Reductions may be requested:
- once per course of study; and
- not later than 12 months after completion of the course of study.
6.11 Any reduction will be applied to the original calculation of obligatory service even if that amount exceeds a maximum period set by the particular training plan. For example, if a member incurs 64 months of obligatory service and the maximum period to be served under the plan is capped at 60 months, any reduction will be calculated from the original 64 months.
Notification
6.12 Members selected for subsidized education or training will be notified in writing of the following information:
- attendance on the course of study will result in a period of obligatory service;
- the anticipated duration of the obligatory service; and
- the member's obligation to complete the Statement of Understanding form, prior to proceeding on the course of study.
Commencement
6.13 Obligatory service normally commences on the day following the date the course of study ceases or is completed.
Withdrawal from Education or Training
6.14 Members will normally incur obligatory service if they withdraw from an education or training program after six months.
6.15 Where members must withdraw because of compassionate reasons or where education or training was ceased for service reasons, DGMC will determine the period of obligatory service, if any, that will be incurred.
Education
7.1 The following table identifies the education for which periods of obligatory service are incurred and the duration of those periods.
| Who? | Service Required |
|---|---|
| Officers enrolled under the Regular Officer Training Plan (ROTP) |
minimum 36 months to 60 months maximum Note - Under the ROTP, the member is subject to obligatory service on commencement of the second academic year |
| Officers commissioned under the University Training Plan - Non-Commissioned Members (UTPNCM) |
|
| Officers enrolled under the Dental Officer Training Plan (DOTP) |
Note - Obligatory service commences the date the member is posted to duty after having met the prerequisites to practice. |
| Officers enrolled under the Medical Officer Training Plan (MOTP) |
|
| Officers enrolled under the Civilian and Military Dietetic Internship Training Plans (Civ and MDITP) |
24 months after qualifying as a Food Services Officer |
| Officers trained under the Military Dental, Legal, Medical, Chaplain and Pharmacy Training Plans (MDTP, MLTP, MMTP, MCTP, MPTP) |
two months service for each month of training to a maximum of 60 months Note - Obligatory service commences the date the member is posted to duty after having met the prerequisites to practice. |
| Officers trained under the Initial Baccalaureate Degree Programme |
two months service for each month of training to a maximum of 60 months |
| Officers taking postgraduate training (PGT) |
|
| Officers enrolled or trained under the Continuing Education Officer Training Plan - Regular Force (CEOTP) |
two months service for each month of training to a maximum of 60 months |
| Members enrolled or trained under the Non-Commissioned Member Subsidized Training and Education Plan - Regular Force (NCMSTEP) |
two months service for each month of training to a maximum of 60 months |
Training
7.2 The Chief of the Defence Staff (CDS) may periodically issue orders identifying specific training for which eligible members will incur obligatory service, including:
- courses at civilian universities, community colleges, schools and other non-military institutes;
- undergraduate courses at Royal Military College (RMC), Kingston;
- special training with civilian or other government agencies; and
- courses at foreign or domestic military schools and establishments.
7.3 See the heading entitled Calculation of Obligatory Service.
Acts, Regulations, Central Agency Policies and Policy DAOD
- QR&O 15.01, Release of Officers and Non-Commissioned Members
- QR&O 15.07, Voluntary Release After Subsidized Education or Training
- QR&O 15.071, Voluntary Release After Receipt of Medical or Dental Officer Direct Entry Recruitment Allowance
- QR&O 15.075, Voluntary Release After Receipt of Pilot Terminable Allowance
- QR&O 205.51, Pilot Terminable Allowance
- QR&O 205.52, Medical Officer Direct Entry Recruitment Allowance
- QR&O 205.53, Dental Officer Direct Entry Recruitment Allowance
Other References
- DAOD 5002-6, Continuing Education Officer Training Plan - Regular Force
- DAOD 5002-7, Non-Commissioned Member Subsidized Training and Education Plan - Regular Force
- DAOD 5003-6, Contingency Cost Moves for Personal Reasons, Compassionate Status and Compassionate Posting
- DAOD 5031-7, Initial Baccalaureate Degree Programme
- CFAO 9-12, Regular Officer Training Plan
- CFAO 9-13, University Training Plan - Non-Commissioned Members
- CFAO 9-33, Post-Graduate Training Programmes - Regular Force and Primary Reserve
- CFAO 9-49, Reserve Entry Training Plan Canadian Military Colleges
- CFAO 9-62, Military Dental, Legal, Medical, Chaplain and Pharmacy Training Plans
- CFAO 9-63, Medical and Dental Officer Training Plans
- CFAO 10-1, Officer Transfer - Military Occupation Regular Force
- CFAO 11-12, Occupation Transfer of Non-Commissioned Members - Regular Force
- CFAO 15-2, Release - Regular Force
- CFAO 49-4, Career Policy Non-Commissioned Members Regular Force
- CFAO 49-10, Terms of Service - Officers - Primary Reserve
- ADM(HR-MIL) Instruction 05/05, The New CF Regular Force Terms of Service
- CANFORGEN 010/06, Courses that Incur Obligatory Service
- A-PP-005-LVE/AG-00, Canadian Forces Leave Policy Manual
- Form DND 2830-E, Statement of Understanding (Obligatory Service on Receipt of Subsidized Education or Training)
- Form DND 2831-E, Statement of Understanding and Undertaking (Obligatory Service on Receipt of Pilot Terminable Allowance)
- Form DND 2832-E, Statement of Understanding and Undertaking (Direct Entry Medical Officer or Dental Officer)
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