ARCHIVED - QR&O: Volume I - Chapter 2 Government and Organization (Historical Version: 2 June 2009 to 31 May 2014)
Alternate Formats
(Refer carefully to article 1.02 (Definitions) when reading every regulation in this chapter.)
The Volume 1 - Chapter 2 Government and Organization replaces this content.
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Amendment List:
- 2 June 2009 Amended Article: 2.034
History:
2.01 - CONSTITUTION OF THE CANADIAN FORCES
(1) Section 14 of the National Defence Act provides:
"14. The Canadian Forces are the armed forces of Her Majesty raised by Canada and consist of one Service called the Canadian Armed Forces."
(2) The components of the Canadian Forces are:
- the Regular Force;
- the Reserve Force; and
- when established by the Governor in Council under section 16 of the National Defence Act, the Special Force. (See article 2.04 - The Special Force.)
(M)
2.02 - THE REGULAR FORCE
Subsection 15(l) of the National Defence Act provides:
"15. (1) There shall be a component of the Canadian Forces, called the regular force, that consists of officers and non-commissioned members who are enrolled for continuing, full-time military service."
(C)
2.03 - THE RESERVE FORCE
Subsection 15(3) of the National Defence Act provides:
"15. (3) There shall be a component of the Canadian Forces, called the reserve force, that consists of officers and non-commissioned members who are enrolled for other than continuing, full-time military service when not on active service."
(M)
2.034 - RESERVE FORCE - SUB-COMPONENTS
The sub-components of the Reserve Force are:
- the Primary Reserve, which consists of officers and non-commissioned members who have undertaken, by the terms of their enrolment, to perform such military duty and training as may be required of them and contains all formed Reserve Force units;
- the Supplementary Reserve, which consists of officers and non-commissioned members who, except when on active service, are not required to perform military or any other form of duty or training;
- the Cadet Organizations Administration and Training Service, which consists of officers and non-commissioned members who, by the terms of their enrolment or transfer, and supported by members of the Regular Force and members of the other Reserve Force sub-components, have undertaken as their primary duty the supervision, administration and training of cadets or junior Canadian rangers who are members of the cadet organizations referred to in section 46 of the National Defence Act.
(2 June 2009) - the Canadian Rangers, which consists of officers and non-commissioned members who have undertaken, by the terms of their enrolment, to perform such military duty and training as may be required of them, but who are not required to undergo annual training.
(M) (2 June 2009)
NOTE
For particulars of the obligations of the Reserve Force, see Chapter 9 (Reserve Service).
(C)
2.04 - THE SPECIAL FORCE
Subsection 16(1) of the National Defence Act provides:
"16. (1) In an emergency, or if considered desirable 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 entered into by Canada, the Governor in Council may establish and authorize the maintenance of a component of the Canadian Forces, called the special force, consisting of:
- officers and non-commissioned members of the regular force who are placed in the special force under conditions prescribed in regulations;
- officers and non-commissioned members of the reserve force who, being on active service or having applied and been accepted for continuing, full-time military service, are placed in the special force under conditions prescribed in regulations; and
- officers and non-commissioned members not of the regular force or the reserve force who are enrolled in the special force for continuing, full-time military service."
(C)
2.045 - STATUS WHEN PLACED IN SPECIAL FORCE
No member of the Regular Force or of the Reserve Force loses his status as a member of the Regular Force or of the Reserve Force solely by reason of having been placed in the Special Force.
(G)
2.05 - POWERS AND DUTIES OF THE MINISTER
Section 4 of the National Defence Act provides:
"4. The Minister holds office during pleasure, has the management and direction of the Canadian Forces and of all matters relating to national defence and is responsible for:
- the construction and maintenance of all defence establishments and works for the defence of Canada; and
- research relating to the defence of Canada and to the development of and improvements in materiel."
(C)
2.06 - CONTROL AND ADMINISTRATION - CHIEF OF THE DEFENCE STAFF
Section 18 of the National Defence Act provides:
"18. (1) The Governor in Council may appoint an officer to be the Chief of the Defence Staff, who shall hold such rank as the Governor in Council may prescribe and who shall, subject to the regulations and under the direction of the Minister, be charged with the control and administration of the Canadian Forces.
(2) Unless the Governor in Council otherwise directs, all orders and instructions to the Canadian Forces that are required to give effect to the decisions and to carry out the directions of the Government of Canada or the Minister shall be issued by or through the Chief of the Defence Staff."
(C)
2.061 - VICE CHIEF OF THE DEFENCE STAFF
Section 18.1 of the National Defence Act provides:
"18.1 There shall be an officer appointed by the Chief of the Defence Staff to be the Vice Chief of the Defence Staff."
(C) (1 September 1999)
2.062 - ABSENCE OR INCAPACITY OF CHIEF OF THE DEFENCE STAFF
Section 18.2 of the National Defence Act provides:
"18.2 In the event of the absence or incapacity of the Chief of the Defence Staff, the Vice Chief of the Defence Staff, or any other officer that is specified by the Minister or the Chief of the Defence Staff, has the control and administration of the Canadian Forces."
(C) (1 September 1999)
2.07 - ORGANIZATION OF UNITS
(1) Section 17 of the National Defence Act provides:
"17. (1) The Canadian Forces shall consist of such units and other elements as are from time to time organized by or under the authority of the Minister.
(2) A unit or other element organized under subsection (1) shall from time to time be embodied in such component of the Canadian Forces as may be directed by or under the authority of the Minister."
(2) The establishment for officers and non-commissioned members for each unit shall, subject to article 2.09 (Maximum Numbers of Officers and Non-commissioned Members), be determined by the Chief of the Defence Staff.
(3) Tables of materiel shall be prescribed by the Chief of the Defence Staff within any limits prescribed in accordance with article 36.01 (Materiel).
(M)
2.08 - ORGANIZATION AND COMPOSITION OF COMMANDS AND FORMATIONS
(1) The Minister may authorize:
- the establishment of commands and formations; and
- the allocation to commands and formations of such bases, units and elements that the Minister considers expedient.
(2) Except that he shall not authorize the permanent re-allocation of any base, unit or element, the Chief of the Defence Staff may, when he considers it necessary to do so by reason of training requirements or operational necessity, exercise the powers conferred upon the Minister under subparagraph (1)(b).
(M)
2.09 - MAXIMUM NUMBERS OF OFFICERS AND NON-COMMISSIONED MEMBERS
(1) Under sections 15 and 16 of the National Defence Act, the Governor in Council authorizes the maximum numbers of officers and non-commissioned members in each component.
(2) Subject to paragraph (3), the Minister, with the concurrence of the Treasury Board, shall, within the maximum numbers prescribed by the Governor in Council, determine the maximum numbers of officers and non-commissioned members by rank. (7 August 1996)
(3) Where the establishment for any rank is not filled by an officer or non-commissioned member holding that rank, an officer or non-commissioned member of lower rank may be carried against the vacancy.
(G)(P.C. 1996-1229 of 7 August 1996)
2.10 - ALLOCATION OF NON-COMMISSIONED MEMBER MILITARY OCCUPATIONS TO TRADE GROUPS
(1) The Chief of the Defence Staff shall determine which of the trade groups listed in the table to CBI 204.30 (Pay - Non-commissioned Members) and, after 31 March 1997, in the table to CBI 204.53 (Pay - Non-commissioned Members) apply from time to time to each non-commissioned member military occupation. (1 September 2001)
(2) Where, pursuant to paragraph (1), the Chief of the Defence Staff authorizes the change of a trade group that applies to a non-commissioned member military occupation, the Chief of the Defence Staff shall report that change to the Treasury Board.
(G) (P.C. 2001-1508 of 28 August 2001 effective 1 September 2001)
(2.11 TO 2.99 INCLUSIVE: NOT ALLOCATED)
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