National Defence Act (R.S.C., 1985, c. N-5)

Act current to 2014-11-11 and last amended on 2014-08-18. Previous Versions

Enrolment

Marginal note:Commissioned officers
  •  (1) Commissions of officers in the Canadian Forces shall be granted by Her Majesty during pleasure.

  • Marginal note:Officer cadets and non-commissioned members

    (2) Persons shall be enrolled as officer cadets or as non-commissioned members for indefinite or fixed periods of service as may be prescribed in regulations made by the Governor in Council.

  • Marginal note:When consent of parent or guardian required

    (3) A person under the age of eighteen years shall not be enrolled without the consent of one of the parents or of the guardian of that person.

  • R.S., 1985, c. N-5, s. 20;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.
Marginal note:Ranks of officers and non-commissioned members
  •  (1) For the purposes of this Act, the ranks of the officers and non-commissioned members of the Canadian Forces shall be as set out in Column I of the schedule.

  • Marginal note:Use of other designations

    (2) The Governor in Council may make regulations prescribing the circumstances in which a person holding a rank set out in Column I of the schedule shall use, or be referred to by, a designation of rank set out in Column II, III or IV of the schedule opposite the rank held by that person.

  • R.S., 1985, c. N-5, s. 21;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.
Marginal note:Numbers in ranks and trade groups

 The maximum number of persons in each rank and trade group of the Canadian Forces shall be determined as prescribed in regulations made by the Governor in Council.

  • R.S., c. N-4, s. 22.
Marginal note:Obligation to serve
  •  (1) The enrolment of a person binds the person to serve in the Canadian Forces until the person is, in accordance with regulations, lawfully released.

  • Marginal note:Oaths and declarations on enrolment

    (2) Oaths and declarations required on enrolment shall be taken and subscribed before commissioned officers or justices of the peace and shall be in such forms as may be prescribed in regulations.

  • R.S., c. N-4, s. 23.
Marginal note:Consent to transfer

 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.

  • R.S., 1985, c. N-5, s. 24;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.
Marginal note:Effect of receipt of pay if not enrolled

 A person who, although not enrolled or re-engaged for service, has received pay as an officer or non-commissioned member is, until the person claims to be released and is released, deemed to be an officer or non-commissioned member, as the case may be, of that component of the Canadian Forces through which the pay was received and to be subject to this Act as if the person were such an officer or non-commissioned member duly enrolled or re-engaged for service.

  • R.S., 1985, c. N-5, s. 25;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.