QR&Os: Volume I - Chapter 11 Compulsory Remustering Of Non-Commissioned Members

Official Format

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Amendment List:

  • 1 June 2014 - amended article: 11.12

History:

Section 1 - Promotion

11.01 - AUTHORITY FOR PROMOTION

(1) The promotion of an officer to the rank of brigadier-general or to any higher rank requires the approval of the Minister on the recommendation of the Chief of the Defence Staff.

(2) The promotion of a member to any rank lower than that of brigadier-general requires the approval of the Chief of the Defence Staff, except that the:

  1. promotion of a member to any rank lower than that of colonel may be approved by such officer as the Chief of the Defence Staff may designate; and
  2. promotion of an officer of the Reserve Force to the rank of colonel or lieutenant-colonel may be approved by such officer as the Chief of the Defence Staff may designate.

(G)

11.02 - CONDITIONS GOVERNING PROMOTION

(1) Subject to paragraph (2), no officer or non-commissioned member shall be promoted to higher rank unless:

  1. there is an appropriate vacancy in the total establishment for the member's component;
  2. the member is recommended by the appropriate authority; and
  3. the member meets such promotion standards and such other conditions as the Chief of the Defence Staff may prescribe.

(2) In any particular instance or in any given circumstances, the Chief of the Defence Staff may direct that the requirement to meet any promotion standards be waived.

(3) An officer or non-commissioned member who is enrolled or placed in the Special Force may be promoted to temporary or acting rank only.

(M)

[11.03 TO 11.09 INCLUSIVE: NOT ALLOCATED]


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Section 2 - Reversion and Compulsory Remustering

11.10 - REVERSION AND REMUSTERING FOR INEFFICIENCY

(1) For the purposes of this article, "competent authority" means:

  1. the Chief of the Defence Staff or such officer as he may designate; or
  2. with respect to a non-commissioned member, the officer commanding the command.

(2) Subject to paragraphs (5) and (6) and to such conditions as may be prescribed by the Chief of the Defence Staff, a competent authority may:

  1. revert a non-commissioned member to a lower rank for inefficiency; or
  2. with or without reversion, remuster a non-commissioned member to any trade for inefficiency.

(3) A non-commissioned member who has been promoted to an acting rank below that of warrant officer may be reverted for inefficiency to the member's substantive or temporary rank, whichever is the higher, or to any intermediate rank by order of the member's commanding officer.

(4) A non-commissioned member who has been upgraded on the certification of his commanding officer may be remustered to any trade for inefficiency by order of his commanding officer.

(5) All action under paragraph (2) shall be originated by the non-commissioned member's commanding officer who shall report the facts to a competent authority. Before reverting or remustering a non-commissioned member of the rank of sergeant or above, the competent authority may cause him to be examined by a committee of officers, one member of which shall, if practical, be an appropriate specialist. When a committee of officers reports on a non-commissioned member, the competent authority may revert and remuster the non-commissioned member in accordance with paragraph (2).

(6) When a competent authority authorizes the reversion for inefficiency of a non-commissioned member, the non-commissioned member shall be reverted only:

  1. if he holds substantive rank only, one rank at any one time; or
  2. if he holds acting rank, to his substantive or temporary rank whichever is the higher or to any intermediate acting rank.

(7) When a reversion for inefficiency of a non-commissioned member is to the rank of private, it shall be to the highest classification in that rank.

(8) An order made under paragraph (2), (3) or (4) shall state that the reversion or remustering is for inefficiency.

(M)

11.11 - REVERSION UPON CONVICTION BY A CIVIL AUTHORITY

(1) Subject to paragraphs (2) and (3), a non-commissioned member may, as a result of a conviction by a civil authority, be reverted for misconduct by the Chief of the Defence Staff or such officer, not below the rank of brigadier-general, as he may designate.

(2) No non-commissioned member shall be reverted under paragraph (1) unless the nature of the offence of which the member has been convicted clearly indicates that the member is not fit to hold and exercise the authority of the member's rank.

(3) A non-commissioned member shall not be reverted under paragraph (1) below the highest classification in the rank of private, or such higher rank as may be prescribed by the Chief of the Defence Staff.

(4) No non-commissioned member shall be reverted administratively for misconduct other than under the provisions of this article. (For reduction in rank as part of or necessarily consequent upon the sentence of a service tribunal, see Chapter 104 - Punishments and Sentences.)

(5) An order for reversion made under this article shall state that the reversion is a result of a conviction by a civil authority.

(M)

11.12 - RELINQUISHMENT OF RANK

(1) Subject to paragraphs (3) and (4), an officer or non-commissioned member may apply for permission to relinquish a rank held by him and revert to a lower rank.

(2) Permission under paragraph (1) may be granted:

  1. by the Minister, where the applicant is an officer of the rank of colonel or higher; or
  2. by the Chief of the Defence Staff, where the applicant is an officer below the rank of colonel or is a non-commissioned member.

(3) An officer or non-commissioned member of the Reserve Force who applies for transfer:

  1. between sub-components of the Reserve Force;
  2. between units of the same sub-component of the Reserve Force; or
  3. to the Regular Force;

may, with the approval of the officer authorizing the transfer, relinquish any rank held by him and revert to a lower rank where the conditions under which he may transfer preclude his acceptance in the rank that he holds.

(4) An officer or non-commissioned member of the Reserve Force who holds the rank of colonel or below and who wishes to serve on full-time service on Class "B" Reserve Service may, with the approval of the Chief of the Defence Staff or an officer designated by him for the purpose, relinquish any rank held by him and revert to a lower rank for the duration of such service where the conditions under which he may serve on Class "B" Reserve Service preclude his acceptance in the rank that he holds, and unless there are substantive reasons to preclude such promotion will, with the approval of the officer authorizing the reversion, be promoted to the rank held prior to the reversion at the conclusion of his service on Class "B" Reserve Service.

(M)

11.13 - COMPULSORY REMUSTERING OF NON-COMMISSIONED MEMBERS

The Chief of the Defence Staff, or such officer as he may designate, may compulsorily remuster a non-commissioned member on such grounds as the Chief of the Defence Staff may prescribe:

  1. when the non-commissioned member is on active service;
  2. while the non-commissioned member is undergoing a course of training or instruction in a trade; or
  3. at any other time when the exigencies of the service so require.

(M)

[11.14 TO 11.99 INCLUSIVE: NOT ALLOCATED]