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

Marginal note:Placing forces on active service

• 31 (1) The Governor in Council may place the Canadian Forces or any component, unit or other element thereof or any officer or non-commissioned member thereof on active service anywhere in or beyond Canada at any time when it appears advisable to do so

  • (a) by reason of an emergency, for the defence of Canada;

  • (b) in consequence of any action undertaken by Canada under the United Nations Charter; or

  • (c) in consequence of any action undertaken by Canada under the North Atlantic Treaty, the North American Aerospace Defence Command Agreement or any other similar instrument to which Canada is a party.

• Marginal note:When officers and non-commissioned members deemed on active service

  (2) An officer or non-commissioned member who

  • (a) is a member of, serving with, or attached or seconded to, a component, unit or other element of the Canadian Forces that has been placed on active service,

  • (b) has been placed on active service, or

  • (c) pursuant to law has been attached or seconded to a portion of a force that has been placed on active service,

  shall be deemed to be on active service for all purposes.