ARCHIVED - QR&O: Volume I - Chapter 10 - Transfer, Attachment, Secondment and Loan (Historical Version: 4 August 1998 to 21 February 2007)

Alternate Formats

(Refer carefully to article 1.02 (Definitions) when reading every regulation in this chapter.)

The Volume I Chapter 10: Transfer, Attachment, Secondment And Loan replaces this content.

Section 1 – Transfer

10.015 – LIABILITY TO SERVE

(1) For the purposes of this article :

" crew" (équipage d'un aéroneft)
means officers and non-commissioned members employed in the operation of an aircraft, but does not include members taking passage in an aircraft;
" ship's company" (équipage d'un navire)
means officers and non-commissioned members serving on a ship, but does not include members taking passage on a ship.

(2) Except in an emergency and subject to paragraph (3), no officer or non-commissioned member who immediately prior to the coming into force of this article (7 November 1967) was enrolled in, or had been transferred to:

  1. the Royal Canadian Navy shall, without the member's consent, be required to serve as a member of a crew or in an element of a land force the role of which in wartime is combat on the ground;
  2. the Canadian Army shall, without the member's consent, be required to serve as a member of a crew or of a ship's company; and
  3. the Royal Canadian Air Force shall, without the member's consent, be required to serve as a member of a ship's company, or in an element of a land force the role of which in wartime is combat on the ground.

(3) Where an officer or non-commissioned member to whom subparagraph (2)(a) or (b) applies was, at any time prior to the coming into force of this article, employed in the operation of aircraft of the Royal Canadian Navy or the Canadian Army or was under training to be so employed, the member's consent to serve as a member of a crew is not required.

(M)

NOTE

Subject to such conditions as may be authorized by the Chief of the Defence Staff, a consent given pursuant to this article is irrevocable.

(C)

(10.02: NOT ALLOCATED)

10.03 – COMPULSORY TRANSFER BETWEEN COMPONENTS

Section 24 of the National Defence Act provides:

"24. No officer or non-commissioned member shall be transferred from the regular force to the reserve force or from the reserve force to the regular force unless the officer or non-commissioned member consents to the transfer."

(C)

10.04 – VOLUNTARY TRANSFER TO RESERVE FORCE

(1) An officer or non-commissioned member of the Regular Force or of the Special Force may, if the member is eligible for release under one of the items of the table to article 15.01 (Release of Officers and Non-commissioned Members), apply for transfer to the Reserve Force, but no transfer shall be effected unless the application is approved by the authority having power to approve the member's release under the same circumstances.

(2) A non-commissioned member transferred under this article shall be attested in the same fashion as if he were a non-commissioned member of the Reserve Force being re-engaged for a further term of service. (See article 6.23 – Conditions of Re-engagement.)

(M)

10.05 – VOLUNTARY TRANSFER FROM RESERVE FORCE TO THE REGULAR FORCE

(1) An officer or non-commissioned member of the Reserve Force may, subject to any conditions prescribed by the Chief of the Defence Staff, apply for transfer to the Regular Force.

(2) A non-commissioned member transferred under this article shall be attested in the same fashion as if he were a non-commissioned member of the Regular Force being engaged for a further term of service. (See article 6.23 – Conditions of Re-engagement.)

(M)

10.06 – TRANSFER BETWEEN SUB-COMPONENTS OF THE RESERVE FORCE

(1) Subject to paragraph (3), an officer or non-commissioned member may be transferred from one sub-component of the Reserve Force to another sub-component of the Reserve Force:

  1. with the member's consent, if the transfer will increase the member's obligations; or
  2. without the member's consent, if the transfer will not increase the member's obligations.

(4 August 1998)

(2) A transfer under paragraph (1) shall be made under such conditions as the Chief of the Defence Staff may prescribe.

(3) A member of the Cadet Instructor Cadre who is a member of the Royal Canadian Mounted Police may not be transferred to another sub-component of the Reserve Force. (4 August 1998)

(M) (4 August 1998)

10.074 – COMPULSORY TRANSFER BETWEEN LISTS, SECTIONS OF LISTS AND BRANCHES OF LISTS

The Chief of the Defence Staff may order the transfer of an officer from one list to another list or from one section or branch of a list to another section or branch of a list.

(M)

(10.08 TO 10.15 INCLUSIVE : NOT ALLOCATED)


Section 2 – Attachment, Secondment and Loan

10.16 – POWER TO ATTACH OR SECOND

(1) Section 27 of the National Defence Act provides:

"27. An officer or non-commissioned member may be attached or seconded to another component of the Canadian Forces or to any department or agency of government, any public or private institution, private industry or any other body in such manner and under such conditions as are prescribed in any other Act or in regulations, but no officer or non-commissioned member of the reserve force who is not on active service shall be attached or seconded pursuant to this section unless the officer or non-commissioned member consents to the attachment or secondment."

(2) The Chief of the Defence Staff may attach or second an officer or non-commissioned member.

(M)

10.17 – RESTRICTIONS ON SECONDMENT

No officer or non-commissioned member shall be seconded unless:

  1. the Chief of the Defence Staff is satisfied that on the termination of the proposed secondment the member concerned will be acceptable for duty in the Canadian Forces; and
  2. it appears probable that the period of secondment will be in excess of six months but not in excess of four years.

(M)

10.18 – STATUS WHEN SECONDED OR ATTACHED

Unless otherwise ordered by the Chief of the Defence Staff, an officer or non-commissioned member who is seconded or who is attached outside the Canadian Forces shall perform his duties as if he were a member of the Force to which he is seconded or attached and shall obey orders of persons senior to him, as if those persons were members of the Canadian Forces.

(M)

10.19 – CONDITIONS OF SECONDMENT

An officer or non-commissioned member who is seconded shall not be carried against the maximum numbers of officers and non-commissioned members prescribed for the member's component of the Canadian Forces.

(G)

10.20 – CONDITIONS OF ATTACHMENT

An officer or non-commissioned member attached outside the Canadian Forces shall be carried against the maximum numbers of officers and non-commissioned members prescribed for the member's component of the Canadian Forces.

(M)

10.21 – LOAN

An officer or non-commissioned member may be loaned under an agreement between the Minister and the appropriate authority of another country or government, an agency or a civilian body.

(M)

(10.22 TO 10.99 INCLUSIVE: NOT ALLOCATED)

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