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Section 1 - General

15.01 - RELEASE OF OFFICERS AND NON-COMMISSIONED MEMBERS

(1) An officer or non-commissioned member may be released, during his service, only in accordance with this article and the table hereto.

(2) Where the service of an officer or non-commissioned member is terminated by death, his release shall be recorded for that reason.

(3) The authority to approve a release is:

  1. the Governor General, in the case of an officer other than an officer cadet; or
  2. the Chief of the Defence Staff or such officer as he may designate, in the case of an officer cadet or non-commissioned member.

(1 September 1999)

(4) Where an officer or non-commissioned member is released, the notation on his record of service shall be as follows:

  1. if he is released under Item 1(a), the notation "Dismissed with Disgrace for Misconduct" or "Dismissed for Misconduct", as applicable;
  2. if he is released under Item 1 for any reason other than Item 1(a), the notation "Released for Misconduct";
  3. where he is released under Item 2, the notation "Service Terminated"; or
  4. where he is released under Item 3, 4 or 5, the notation "Honourably Released".

(1 September 1999)

(5) An officer may not be released under Item 1, 2, 3 or 5(b), (c), (d), (e) or (f) while the officer is a military judge. (1 September 1999)

(G) (P.C. 1999-1305 of 8 July 1999 effective 1 September 1999)

TABLE TO ARTICLE 15.01

Item Category Reasons for Release Special Instructions
      (See articles 15.21– Notice of Intent to Recommend Release – Commissioned Officers, 15.22 – Notice of Intent to Recommend Release – Officer Cadets and 15.36 – Notice of Intent to Recommend Release – Non-commissioned Members.)

1 Misconduct   Applies to the release of an officer or non-commissioned member.

    (a) Sentenced to Dismissal. where sentenced by court martial to dismissal or dismissal with disgrace from Her Majesty's service; (1 September 1999)

    (b) Service Misconduct. where convicted by a service tribunal of a serious offence that warrants release under this category;

      where convicted by service tribunals of a number of offences indicating a course of misbehaviour that warrants release under this category; (See Item 2(a).)

      where convicted by a civil court of an offence of a serious nature related to the performance of his duties which would have warranted release under this category if convicted by a service tribunal;

    (c) Illegally Absent. who has been illegally absent and will not be required for further service under existing service policy;

    (d) Fraudulent Statement on Enrolment. who, at time of enrolment, made a fraudulent statement which, having regard to the circumstances under which it was made and its effect, warrants release under this item; a false statement as to age made by an underage applicant, or a minor oversight or ambiguous statement made through enthusiasm to join the forces, should not result in release under this category. (See article 15.32 – Release for Fraudulent Enrolment and Item 5(e).)

      (See articles 15.21 – Notice of Intent to Recommend Release – Commissioned Officers, 15.22 – Notice of Intent to Recommend Release – Officer Cadets and 15.36 – Notice of Intent to Recommend Release – Non-commissioned Members.)

2 Unsatisfactory Service   Applies to the release of an officer or non-commissioned member:

    (a) Unsatisfactory Conduct. where convicted by a service tribunal of an offence which warrants release under this category, but does not warrant release under Item 1(b);

      where convicted by service tribunals of a number of offences indicating a course of misbehaviour which warrants release under this category, but does not warrant release under Item 1(b);

      by reason of unsatisfactory civil conduct, or conviction of an offence by a civil court, of a serious nature not related to the performance of his duties but reflecting discredit on the Service;

    (b) Unsatisfactory Performance. who has the ability to improve but continues to display a lack of application or effort in the performance of his duties. (See Item 5(d) for cases where unsatisfactory performance is attributable to an inherent lack of ability or aptitude.)

3 Medical (a) On medical grounds, being disabled and unfit to perform duties as a member of the Service.

 
    (b) On medical grounds, being disabled and unfit to perform his duties in his present trade or employment, and not otherwise advantageously employable under existing service policy.

 
      (See articles 15.02 – Release as of Right and 15.18 – Voluntary Release – Officers.)

4 Voluntary (a) On Request – When Entitled to an Immediate Annuity. Applies to the release at his request of:

an officer or non-commissioned member who has not reached his retirement age in accordance with article 15.17 (Release of Officers – Age and Length of Service) or 15.31 (Release of Non-comissioned Members – Age and Length of Service), but whose service entitles him to an immediate annuity under the Canadian Forces Superannuation Act; or

      an officer or non-commissioned member who has not reached his retirement age in accordance with article 15.17 or 15.31, and who has completed an Intermediate Engagement as defined in the Canadian Forces Superannuation Act when, prior to completion of that fixed period of service, an offer of further service, to be completed at the retirement age applicable to him in accordance with article 15.17 or 15.31, was refused by him.

    (b) On Completion of a Fixed Period of Service. Applies to the release of:

      an officer on completion or during the final year of his fixed period of service, other than an Intermediate Engagement as defined in the Canadian Forces Superannuation Act, when, prior to completion of that fixed period of service, an application for further service is not made, or he refused an offer of further service; or

      a non-commissioned member on completion of his fixed period of service, other than an Intermediate Engagement as defined in the Canadian Forces Superannuation Act when, prior to completion of that fixed period of service, an application for further service is not made, or he refused an offer of further service.

    (c) On Request – Other Causes. Applies to the release at his request of an officer or non-commissioned member whose release is authorized in circumstances other than those perscribed in (a) or (b) of this Item.

      (See articles 15.21 – Notice of Intent to Recommend Release – Commissioned Officers, 15.22 – Notice of Intent to Recommend Release – Officer Cadets and 15.36 – Notice of Intent to Recommend Release – Non-commissioned Members.)

5 Service Completed (a) Retirement Age. Applies to the release of :

an officer or non-commissioned member because he has reached his retirement age in accordance with article 15.17 (Release of Officers – Age and Length of Service) or 15.31 (Release of Non-commissioned Members – Age and Length of Service); or

      an officer or non-commissioned member who has reached his retirement age in accordance with article 15.17 or 15.31, but who has continued to serve in accordance with paragraph (2) of article 15.02 (Release as of Right), paragraph (5) of article 15.17 or paragraph (7) of article 15.31.

    (b) Reduction in Strength. Applies to the release of an officer or non-commissioned member as a result of a planned reduction, under section 15 of the National Defence Act, in the maximum numbers of officers and non-commissioned members in the Canadian Forces.

    (c) Completed Service for Which Required. Applies to the release of :

      an officer or non-commissioned member who, not having reached retirement age in accordance with article 15.17 or 15.31, has completed the period of service required under existing policy;

    an officer or non-commissioned member who, not having reached retirement age in accordance with article 15.17 or 15.31, has completed the period of service required because of a change in classification or trade specifications or in the establishment requirements of the Canadian Forces;

      an officer on completion or during the final year of his fixed period of service, other than an Intermediate Engagement as defined in the Canadian Forces Superannuation Act, when his application for further service is not approved, or an offer of further service is not made to him;

      a non-commissioned member on completion of his fixed period of service, other than an Intermediate Engagement as defined in the Canadian Forces Superannuation Act, when his application for further service is not approved, or an offer of further service is not made to him; or

      an officer or non-commissioned member who has not reached his retirement age in accordance with article 15.17 or 15.31, and who has completed an Intermediate Engagement as defined in the Canadian Forces Superannuation Act when, prior to completion of that fixed period of service, an offer of further service, to be completed at the retirement age applicable to him in accordance with article 15.17 or 15.31, was not made to him.

    (d) Not Advantageously Employable. Applies to the release of an officer or non-commissioned member:

      because of an inherent lack of ability or aptitude to meet military classification or trade standards; or

      who is unable to adapt to military life; or

      who, either wholly or chiefly because of the conditions of military life or other factors beyond his control, develops personal weaknesses or has domestic or other personal problems that seriously impair his usefulness to or impose an excessive administrative burden on the Canadian Forces.

  (e) Irregular Enrolment. Applies to the release of an officer or non-commissioned member by reason of an irregular enrolment other than Item 1(d).

    (f) Unsuitable for Further Service. Applies to the release of an officer or non-commissioned member who, either wholly or chiefly because of factors within his control, develops personal weakness or behaviour or has domestic or other personal problems that seriously impair his usefulness to or impose an excessive administrative burden on the Canadian Forces.

(G) (P.C. 1999-1305 of 8 July 1999 effective 1 September 1999)

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15.02 - RELEASE AS OF RIGHT

(1) Subsections 30(1) and (3) of the National Defence Act provide:

"30. (1) Except during an emergency, an officer or non-commissioned member who is not on active service is entitled to be released at the expiration of the term of service for which the officer or non-commissioned member is enrolled or re-engaged.

(3) Where the term of service for which an officer or non-commissioned member is enrolled or re-engaged expires during an emergency or when the officer or non-commissioned member is on active service or within one year after the expiration of an emergency or after he has ceased to be on active service, the officer or non-commissioned member is liable to serve until the expiration of one year after the emergency has ceased to exist or after he has ceased to be on active service, as the case may be."

(2) Unless the Chief of the Defence Staff otherwise directs, any period of absence without leave, or desertion, shall not be reckoned towards the completion of the period of service for which an officer or non-commissioned member was enrolled or re-engaged.

(3) Subject to paragraph (1), no officer or non-commissioned member may claim his release as of right except:

  1. an officer not on active service by reason of an emergency
    1. whose service entitles him to an immediate annuity under the Canadian Forces Superannuation Act,
    2. under Item 4(c) (On Request - Other Causes) of the table to article 15.01 (Release of Officers and Non-commissioned Members) if he is an officer cadet who requests his voluntary release where he will otherwise be reverted to the rank from which he was promoted to officer cadet, or
    3. who has completed his fixed period of service; or
  2. a non-commissioned member not on active service by reason of an emergency
    1. whose service entitles him to an immediate annuity under the Canadian Forces Superannuation Act, or
    2. who has completed his fixed period of service.

(G)

15.03 - DATE OF RELEASE

(1) In the case of a punishment of dismissal with disgrace from Her Majesty's service or dismissal from Her Majesty's service awarded by a court martial, the date of release shall be as soon as practicable after the awarding of the punishment.

(2) In any other case, the date of release shall:

  1. be set by the approving authority; or
  2. if no date has been set by the approving authority, be as soon as practicable after release is approved.

(M) (1 September 1999)

15.04 - PLACE OF RELEASE

(1) Except as prescribed in paragraphs (2), (3) and (4), an officer or non-commissioned member shall be released in Canada.

(2) An officer or non-commissioned member who is serving outside of Canada at the time the member's release is approved may, if the member so requests, be released at the place where he is serving if prior approval is obtained from the Chief of the Defence Staff.

(3) Paragraph (1) does not apply to an officer or non-commissioned member who is released as a consequence of imprisonment outside of Canada following conviction by a civil authority.

(4) The Minister may direct that an officer or non-commissioned member be released at a place outside Canada if the member:

  1. is not a Canadian citizen;
  2. has not been granted an immigrant visa issued by a Canadian Immigration Officer; and
  3. is serving outside Canada at the time his release is approved.

(M)

15.05 - RETENTION OF OFFICERS AND NON-COMMISSIONED MEMBERS ELIGIBLE FOR RELEASE ON MEDICAL GROUNDS

An officer or non-commissioned member of the Regular Force who is suffering from a disease or injury that necessitates his release as medically unfit may, at the discretion of the Chief of the Defence Staff or the officer commanding the command, be retained for prolonged treatment, institutional care or medical observation for a further period of not more than six months, at the end of which time he shall be released unless otherwise directed by the Minister.

(G)

15.06 - RELEASE AS MEDICALLY UNFIT

Where an officer or non-commissioned member is to be released as medically unfit, he shall be referred to the Department of Veterans Affairs if he requires treatment or institutional care and, subject to article 15.05 (Retention of Officers and Non-commissioned Members Eligible for Release on Medical Grounds), his release shall be completed as soon as possible after that reference.

(M)

15.07 - VOLUNTARY RELEASE AFTER SUBSIDIZED EDUCATION OR TRAINING

(1) Notwithstanding paragraph (3) of article 15.02 (Release as of Right), the Chief of the Defence Staff may prescribe those courses in respect of which an officer or non-commissioned member who has attended on full-time paid duty shall not be released on his request under Item 4 of the table to article 15.01 (Release of Officers and Non-commissioned Members), unless he has served the minimum period as determined by the Chief of the Defence Staff, which period shall not be of less than 12 months duration.

(2) Where in the opinion of the Chief of Defence Staff special and unforeseen circumstances require that an officer or non-commissioned member apply for his release prior to the completion of the minimum period of service referred to in paragraph (1), the member's release may be approved if the exigencies of the service permit; however, approval of release for other than compassionate reasons is contingent on the member refunding all or a portion of the cost incurred by the public, determined under paragraph (3), for his attendance at courses as prescribed by the Chief of the Defence Staff.

(3) Where under paragraph (2) all or a portion of the cost incurred by the public is to be reimbursed, the amount of that reimbursement shall be:

  1. the total cost incurred by the public in providing the course, if the release occurs within 12 months of the commencement of the required minimum period of service; or
  2. that part of the cost incurred by the public that is the equivalent in ratio of the number of months still to be served (part of a month being reckoned as a full month), to the total number of months of the minimum period of service, if the release occurs within that required minimum period of service but more than 12 months after commencement of that period.

(4) The cost incurred by the public on which reimbursement shall be based shall be:

  1. the amount paid by the Crown either directly to the institution providing the instruction or by reimbursement of the officer or non-commissioned member for fees or any other costs arising out of or attributable to his attendance under instruction, but in the case of an officer attending a Canadian Military College the amount shall be the fees and expenses as prescribed in the Queen's Regulations and Orders for the Canadian Military Colleges; and
  2. except for any period during which the member performed normal service duties, pay and allowances including the rate of subsistence allowance for his rank and status, whether in issue or not, applicable from time to time in the period for which he attended the course, but not including
    1. transportation and travelling expenses provided to send him and his dependents, furniture and effects to or from the course,
    2. any assisted leave transportation benefits extended to him, or
    3. income tax deductions applicable to that period.

(5) Notwithstanding this article, the Minister may authorize a reduction in the portion to be refunded by the officer or non-commissioned member to such reasonable part of the cost incurred by the public as he may consider appropriate, having regard to any special and unforeseen circumstances.

(G)

15.071 - VOLUNTARY RELEASE AFTER RECEIVING A RECRUITMENT ALLOWANCE

(1) Despite paragraph (3) of article 15.02 (Release as of Right), an officer or non-commissioned member who has received a recruitment allowance under CBI 205.52 (Medical Officer Direct Entry Recruitment Allowance), CBI 205.525 (Recruitment Allowances), CBI 205.53 (Dental Officer Direct Entry Recruitment Allowance), CBI 205.531 (Recruitment Allowance - Post-secondary Diploma or Certificate - Non-commissioned Members), CBI 205.532 (Recruitment Allowance - Civilian Trade Qualified Non-commissioned Members), CBI 205.533 (Recruitment Allowance - Military Occupation Qualified Non-commissioned Members), or CBI 205.535 (Recruitment Allowance - Engineering Officers) shall not be released on their request under Item 4 of the table to article 15.01 (Release of Officers and Non-commissioned Members) unless they have served the period of service that they undertook to serve in order to be eligible to receive the allowance. (1 July 2003)

(2) When, in the opinion of the Chief of the Defence Staff, special and unforeseen circumstances require that an officer or non-commissioned member request release prior to completion of the period of service which they have undertaken to serve, the member'srelease may be approved if the exigencies of the service permit. A request for release for other than compassionate reasons is contingent on the member refunding a portion of the recruitment allowance received calculated in accordance with the following formula:

number of months still to be served by the member (a part of a month being considered as a full month) divided by number of months of the period of service that the member undertook to serve multiplied by the amount of the recruitment allowance received by the member as of the date of release

(G) (P.C. 2003-1403 of 17 September 2003)

15.075 - VOLUNTARY RELEASE AFTER RECEIPT OF PILOT TERMINABLE ALLOWANCE

(1) Despite paragraph (3) of article 15.02 (Release as of Right), an officer who has received any portion of Pilot Retention Incentive Allowance under CBI 205.51 (Pilot Terminable Allowance) shall not be released on their request under Item 4 of the table to article 15.01 (Release of Officers and Non-commissioned Members) unless they have served a minimum period of five years in accordance with the undertaking made under CBI 205.51. (1 September 2001)

(2) Where, in the opinion of the Chief of the Defence Staff, special and unforeseen circumstances require that an officer apply for release prior to the completion of the minimum period referred to in paragraph (1), the officer's release may be approved if the exigencies of the service permit. However, approval of release for other than compassionate reasons is contingent on the officer refunding any portion of the Pilot Terminable Allowance paid to him.

(3) Notwithstanding paragraph (2), the Chief of the Defence Staff may authorize a reduction in the amount to be refunded by the officer to such amount as he may consider appropriate, having regard to any special and unforeseen circumstances.

(G) (P.C. 2001-1508 of 28 August 2001 effective 1 September 2001)

15.08 - REPORTING OF CLAIMS

(1) When forwarding an application for the release of an officer or non-commissioned member, the commanding officer shall report any outstanding or potential public or non-public claim against the member and shall furnish proof of that claim.

(2) When release has been approved, the commanding officer shall report to National Defence Headquarters any claim described in paragraph (1) which will not be liquidated on or before the proposed date of release.

(C)

15.09 - USE OF RANK TITLE AND WEARING OF UNIFORM AFTER RELEASE

(1) The Retired Lists maintained by the Canadian Forces were abolished on 26 February 1970.

(2) A former officer or non-commissioned member who was honorably released prior to or after the coming into force of this article after having served in the Canadian Forces for not less than 10 years, may use the rank title held by him or the designation of rank authorized to be used by him at the time of his release and, when so used, the word "(Retired)" or its abbreviation "(Ret'd)" shall be included.

(3) A former officer whose name was carried on the Retired Lists on the day immediately before the day they were abolished may continue to use the rank title or the designation of rank, there shown against his name and, when so used, the word "(Retired)" or its abbreviation "(Ret'd)" shall be included.

(4) Where pursuant to paragraph (2) or (3), the designation of rank "Captain" or "Lieutenant" is used by a former officer of the Naval Operations Branch, the letter "(N)" shall be included immediately after the designation of rank.

(5) Where addressing in writing a former officer or non-commissioned member by his rank title or designation of rank, the form of address shall be rank, initials, name, decorations and shall be followed by "(Retired)" or "(Ret'd)".

(6) Where a former officer or non-commissioned member uses his rank title or designation of rank in a signature block, the order shall be initials, name and rank followed by "(Retired)" or "(Ret'd)".

(7) A former officer or non-commissioned member mentioned in paragraph (2) or (3) may wear his uniform only at such times and under such conditions as may be prescribed by the Chief of the Defence Staff.

(M)

(15.10 TO 15.16 INCLUSIVE: NOT ALLOCATED)


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Section 2 - Officers

15.17 - RELEASE OF OFFICERS - AGE AND LENGTH OF SERVICE

(1) Except where the Minister has otherwise prescribed under paragraph (2), the retirement age of an officer is the first to occur of the following ages:

  1. the age for his rank set out in the table to this article that applies to him; or
  2. the age at which he completes,
    1. as a colonel or above, 30 years, or
    2. as a lieutenant-colonel or below, 28 years,

full-time paid service, including service as a non-commissioned member, in any of Her Majesty's Forces.

(2) Where any part of the Canadian Forces is on active service by reason of an emergency, the retirement age of an officer may be extended to such age as the Minister may prescribe.

(3) Subject to paragraph (5), an officer of the Regular Force shall be released

  1. upon reaching the appropriate age prescribed under subparagraph (1)(a); or
  2. except in the case of a military judge, after the completion of 30 years of full-time paid service, including service as a non-commissioned member, in any of Her Majesty's Forces, if the Chief of the Defence Staff so recommends.

(1 July 2004)

(4) Except as otherwise prescribed by the Chief of the Defence Staff, an officer of the Reserve Force shall be released upon reaching the appropriate age prescribed under subparagraph (1)(a).

(5) The retention of an officer of the Regular Force beyond the release age prescribed in subparagraph (1)(a) or the retention of an officer of the Reserve Force beyond the release age determined under paragraph (4) may be authorized:

  1. by the Minister; or
  2. by the Chief of the Defence Staff if:
    1. the period is less than 365 days, or
    2. the officer is of or below the rank of colonel.

(6) Table "A" or Table "C", as appropriate, applies to an officer of the Regular Force who is categorized, under orders issued by the Chief of the Defence Staff, as a "General Service Officer", or as an "Officer Commissioned from the Ranks" other than as a "Specialist Officer" if he:

  1. commenced his service as an officer of the Regular Force on or after 1 February 1968 but prior to 1 April 1976;
  2. commenced his service as an officer of the Regular Force of a former Service prior to 1 February 1968 and, as a result of an election made by him on or before 31 January 1969, Table "A" or Table "C" applies to him; or
  3. was an officer of the Regular Force to whom Table "B" applied, but who became categorized, on or before 31 March 1976, under orders issued by the Chief of the Defence Staff, as a "General Service Officer", in which case Table "A" applies to him;

and on or after 1 April 1976 he was not offered or did not accept to have Table "G" apply to him, or on or after 1 July 2004 he is not offered or does not accept to have Table "H" apply to him. (1 July 2004)

(7) Table "B " applies to an officer of the Regular Force who was, on 31 March 1987, categorized under orders issued by the Chief of the Defence Staff as a "Specialist Officer", including an "Officer Commissioned from the Ranks" as a "Specialist Officer", if he commenced his service as an officer of the Regular Force:

  1. of a former Service prior to 1 February 1968 and, as a result of an election made by him on or before 31 January 1969, Table "B" applies to him; or
  2. on or after 1 February 1968 but prior to 1 April 1987 and was not offered or did not accept to have Table "G" apply to him; (1 July 2004)

and on or after 1 July 2004 he is not offered or does not accept to have Table "H" apply to him. (1 July 2004)

(8) Table "D", "E" or "F", as appropriate, applies to an officer of the Regular Force who on 31 January 1968 was an officer of the Regular Force of a former Service, if

  1. Table "A", "B" or "C" does not apply to him as a result of an election made by him on or before 31 January 1969;
  2. on or after 1 April 1976 he was not offered or did not accept to have Table "G" apply to him; and
  3. on or after 1 July 2004 he is not offered or does not accept to have Table "H" apply to him.

(1 July 2004)

(9) Table "G" applies to an officer of the Regular Force who is categorized under orders issued by the Chief of the Defence Staff, as a:

  1. "General Service Officer", or as an "Officer Commissioned from the Ranks" other than as a "Specialist Officer", if he,
    1. commenced his service as an officer of the Regular Force on or after 1 April 1976, or
    2. was serving as an officer of the Regular Force on 31 March 1976 and, in accordance with orders issued by the Chief of the Defence Staff, was offered and accepted to convert his period of service to a period of service specified in those orders to be a period of service in respect of which Table "G" applies, (1 July 2004)

    and on or after 1 July 2004 he is not offered or does not accept to have Table "H" apply to him; and (1 July 2004)
  2. "Specialist Officer", or as an "Officer Commissioned from the Ranks" as a "Specialist Officer" if he,
    1. commences his service as a Specialist Officer of the Regular Force on or after 1 July 1987, or
    2. was serving as a Specialist Officer of the Regular Force on 30 June 1987 and, in accordance with orders issued by the Chief of the Defence Staff, was offered and accepted to convert his period of service to a period of service specified in those orders to be a period of service in respect of which Table "G" applies, (1 July 2004)

    and on or after 1 July 2004 he is not offered or does not accept to have Table "H" apply to him. (1 July 2004)

(10) Table "H" applies to an officer of the Regular Force who

  1. commenced his service as an officer of the Regular Force on or after 1 July 2004; or
  2. was serving as an officer of the Regular Force on 30 June 2004 and, in accordance with orders issued by the Chief of the Defence Staff, is offered and accepts to convert his period of service to a period of service specified in those orders in respect of which Table "H" applies.

(1 July 2004)

(11) This article is a regulation made for the purposes of paragraph 15(1)(b) of the Canadian Human Rights Act. (1 July 2004)

(G) (P.C. 2004-751 of 17 June 2004 effective 1 July 2004)

TABLE "A" TO ARTICLE 15.17

RELEASE AGES – GENERAL SERVICE OFFICERS

Rank
Age
Colonel and above 55
Lieutenant-Colonel 51
Major 47
Captain and Lieutenant 45

(G)

TABLE "B" TO ARTICLE 15.17

RELEASE AGES – SPECIALIST OFFICERS

Rank
Age
Brigadier-General and above 60
Colonel 58
Lieutenant-Colonel and Major 55
Captain and Lieutenant 50

(G)

TABLE "C" TO ARTICLE 15.17

RELEASE AGES – OFFICERS COMMISSIONED FROM THE RANKS

Rank
Age
Colonel and above 55
Lieutenant-Colonel and below 50

(G)

TABLE "D" TO ARTICLE 15.17

RELEASE AGES – OFFICERS FORMERLY MEMBERS OF THE ROYAL CANADIAN NAVY

Rank Officers other than Medical Officers, Instructor Officers and Chaplains Medical Officers and Instructor Officers Chaplains
Colonel and above 55 55 55
Lieutenant-Colonel 50 51 55
Major 45 49 55
Major (commissioned from the ranks) 50    
Captain 45 47 55
Captain (commissioned from the ranks) 50    
Lieutenant 45    

(G)

TABLE "E" TO ARTICLE 15.17

RELEASE AGES – OFFICERS FORMERLY MEMBERS OF CANADIAN ARMY

Rank Other than Chaplains   Chaplains
Brigadier-General and above 55   55
Colonel 53   55
Lieutenant-Colonel 51   55
Major 49   55
Captain 47   55
Lieutenant 45   55

(G)

TABLE "F" TO ARTICLE 15.17

RELEASE AGES – OFFICERS FORMERLY MEMBERS OF THE ROYAL CANADIAN AIR FORCE

Rank Flying Lists Non-Flying Lists Chaplains
Major-General and above 55 55 55
Brigadier-General 53 55 55
Colonel 51 53 55
Lieutenant-Colonel 49 51 55
Major 47 49 55
Captain 45 47 55
Lieutenant 45 45 55
Second Lieutenant 45 45 55

(G)

TABLE "G" TO ARTICLE 15.17

SPECIAL RELEASE AGES – OFFICERS

Rank
Age
All officers 55

(G)

TABLE "H" TO ARTICLE 15.17

AGE 60 RELEASE - OFFICERS

Rank
Age
All officers 60

(G) (P.C. 2004-751 of 17 June 2004 effective 1 July 2004)

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15.18 - VOLUNTARY RELEASE - OFFICERS

(1) Every application by an officer for release under Item 4 (Voluntary) of the table to article 15.01 (Release of Officers and Non-commissioned Members) shall be made in writing through the commanding officer who shall add his recommendations when forwarding the application to National Defence Headquarters.

(2) Where a commanding officer recommends a voluntary release, he shall certify that his recommendation is not made for the purpose of allowing the applicant to avoid the consequences of his inefficiency, unsuitability or misconduct.

(G)

(15.19 AND 15.20: NOT ALLOCATED)

15.21 - NOTICE OF INTENT TO RECOMMEND RELEASE - COMMISSIONED OFFICERS

(1) This article applies to the proposed release of any commissioned officer under the following items of the table to article 15.01 (Release of Officers and Non-commissioned Members):

  1. Item 1(b) (Service Misconduct);
  2. Item 1(d) (Fraudulent Statement on Enrolment);
  3. Item 2 (Unsatisfactory Service);
  4. Item 5(d) (NotAdvantageously Employable); or
  5. Item 5(f) (Unsuitable for Further Service).

(2) Where a commanding officer proposes to recommend the release of a commissioned officer under an item mentioned in paragraph (1), the commanding officer shall:

  1. prepare a written Notice of Intent to Recommend Release, which shall include a statement of the reasons for the recommendation;
  2. personally deliver that notice directly to the commissioned officer concerned; and
  3. require the commissioned officer, if he objects to the recommendation, to reply to the commanding officer in writing within 14 days, stating why he objects.

(3) Where a commander of a command, a commander of a formation or a base commander, as a superior officer to whom a commanding officer is responsible, proposes to recommend the release of a commissioned officer under the command of that commanding officer under an item mentioned in paragraph (1), that superior officer shall:

  1. prepare a written Notice of Intent to Recommend Release, which shall include a statement of the reasons for the recommendation; and
  2. forward that notice to the commanding officer and direct him to take action in accordance with subparagraphs (2)(b) and (c).

(4) Where the Chief of the Defence Staff proposes to recommend the release of a commissioned officer under an item mentioned in paragraph (1) he shall prepare a written Notice of Intent to Recommend Release, which shall include a statement of the reasons for the recommendation, and shall:

  1. personally deliver that notice to the commissioned officer concerned, if the Chief of the Defence Staff is the commanding officer of that commissioned officer and require the commissioned officer, if he objects to the recommendation, to reply to the Chief of the Defence Staff in writing within 14 days, stating why he objects;
  2. forward that notice to the commanding officer of the commissioned officer concerned, if the Chief of the Defence Staff is the superior officer to whom that commanding officer is responsible, and direct that commanding officer to take action in accordance with subparagraphs (2)(b) and (c); or
  3. forward that notice to the appropriate superior officer, if the Chief of the Defence Staff is neither the commanding officer of the commissioned officer concerned nor the appropriate superior officer of that commissioned officer, and direct that superior officer to take action in accordance with subparagraph (3)(b).

(5) A Notice of Intent to Recommend Release may be withdrawn by the officer who prepared it or by any officer superior to the officer who prepared it and to whom it has been forwarded.

(6) A Notice of Intent to Recommend Release prepared by the commanding officer in accordance with subparagraph (2)(a), or the superior officer in accordance with subparagraph (3)(a), together with the reply of the commissioned officer concerned or a statement by the commanding officer that the commissioned officer has failed to make a reply, and with any comments from the commanding officer and the superior officer shall, unless that notice has been withdrawn by the officer who prepared it or, if appropriate, by the superior officer to whom it has been forwarded, be forwarded to the Chief of the Defence Staff in the manner prescribed in orders issued by him.

(7) A Notice of Intent to Recommend Release prepared by the Chief of the Defence Staff and delivered in accordance with subparagraph (4)(a), together with the reply of the commissioned officer concerned or a statement by the Chief of the Defence Staff that the commissioned officer has failed to make a reply, and with any comments from the Chief of the Defence Staff shall, unless that notice has been withdrawn by the Chief of the Defence Staff, be forwarded to the Minister.

(8) A Notice of Intent to Recommend Release prepared by the Chief of Defence Staff and forwarded in accordance with subparagraph (4)(b) or (c), together with the reply of the commissioned officer concerned or a statement by the commanding officer that the commissioned officer has failed to make a reply, and with any comments from the commanding officer and, if appropriate, from the superior officer, shall be forwarded to the Chief of the Defence Staff in the manner prescribed in orders issued by him.

(9) If a commissioned officer to whom a Notice of Intent to Recommend Release has been delivered does not reply in writing to the commanding officer within 14 days, the commissioned officer shall be deemed to have no objection to his proposed release.

(10) Where the Minister or the Chief of the Defence Staff receives an objection in writing from a commissioned officer to whom a Notice of Intent to Recommend Release has been delivered, which reply objects to the proposed release under the item recommended, the commissioned officer concerned, unless the Minister or the Chief of the Defence Staff, as appropriate, withdraws that notice, shall be advised of the reasons that the recommendation for release will be proceeded with despite the commissioned officer's objections, but that the commissioned officer is entitled to submit a grievance in accordance with Chapter 7 (Grievances).

(15 June 2000)

(11) Nothing in this article requires a Notice of Intent to Recommend Release to be given to a commissioned officer whose release is being recommended under an item mentioned in paragraph (1), on the grounds of his having been committed to undergo a sentence of imprisonment.

(M) (29 May 2000 effective 15 June 2000)

15.22 - NOTICE OF INTENT TO RECOMMEND RELEASE - OFFICER CADETS

(1) This article applies to the proposed release of any officer cadet, who has served 10 or more years in the Regular Force, under the following items of the table to article 15.01 (Release of Officers and Non-commissioned Members):

  1. Item 1(b) (Service Misconduct);
  2. Item 1(d) (Fraudulent Statement on Enrolment);
  3. Item 2 (Unsatisfactory Service);
  4. Item 5(d) (Not Advantageously Employable); or
  5. Item 5(f) (Unsuitable for Further Service).

(2) Where a commanding officer proposes to recommend the release of an officer cadet referred to in paragraph (1), under an item mentioned in that paragraph, the commanding officer shall:

  1. prepare a written Notice of Intent to Recommend Release, which shall include a statement of the reasons for the recommendation;
  2. personally deliver that notice directly to the officer cadet; and
  3. require the officer cadet, if he objects to the recommendation, to reply to the commanding officer in writing within 14 days, stating why he objects.

(3) Where a commander of a command, a commander of a formation or base commander, as a superior officer to whom the commanding officer of an officer cadet referred to in paragraph (1) is responsible, proposes to recommend the release of that officer cadet, under an item mentioned in that paragraph, that superior officer shall:

  1. prepare a written Notice of Intent to Recommend Release, which shall include a statement of the reasons for the recommendation; and
  2. forward that notice to the commanding officer and direct him to take action in accordance with subparagraphs (2)(b) and (c).

(4) Where the Chief of the Defence Staff proposes to recommend the release of an officer cadet referred to in paragraph (1), under an item mentioned in that paragraph, he shall:

  1. prepare a written Notice of Intent to Recommend Release, which shall include a statement of the reasons for the recommendation; and
  2. forward that notice to the appropriate superior officer and direct him to take action in accordance with subparagraph (3)(b).

(5) A Notice of Intent to Recommend Release may be withdrawn by the officer who prepared it or by any officer superior to the officer who prepared it and to whom it has been forwarded.

(6) A Notice of Intent to Recommend Release prepared by the commanding officer in accordance with subparagraph (2)(a), or the superior officer in accordance with subparagraph (3)(a), or the Chief of the Defence Staff in accordance with subparagraph (4)(a), together with the reply of the officer cadet or a statement by the commanding officer that the officer cadet has failed to make a reply, and with any comments from the commanding officer and, if appropriate, the superior officer shall, unless that notice has been withdrawn pursuant to paragraph (5), be forwarded to the Chief of the Defence Staff in the manner prescribed in orders issued by him.

(7) If an officer cadet to whom a Notice of Intent to Recommend Release has been delivered in accordance with this article does not reply in writing to the commanding officer within 14 days, the officer cadet shall be deemed to have no objection to his proposed release.

(8) Where the Chief of the Defence Staff receives a reply in writing from an officer cadet to whom a Notice of Intent to Recommend Release has been delivered in accordance with this article, which reply objects to the proposed release under the item recommended, the officer cadet, unless the Chief of the Defence Staff withdraws that notice, shall be advised of the reasons that the recommendation for release will be proceeded with despite the officer cadet's objections, but that the officer cadet is entitled to submit a grievance in accordance with Chapter 7(Grievances). (15 June 2000)

(9) Nothing in this article requires a Notice of Intent to Recommend Release to be given to an officer cadet whose release is being recommended under an item mentioned in paragraph (1), on the grounds of his having been committed to undergo a sentence of imprisonment.

(M) (29 May 2000 effective 15 June 2000)

(15.23 TO 15.30 INCLUSIVE: NOT ALLOCATED)


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Section 3 - Non-commissioned Members

15.31 - RELEASE OF NON-COMMISSIONED MEMBERS - AGE AND LENGTH OF SERVICE

(1) For the purposes of this article:

"retirement age" (âge de la retraite)
means in respect of a non-commissioned member,
  1. if Table "A" applies to him, the age prescribed for his rank in that table, or the age at which he completes the years of service prescribed for his rank in that table, whichever occurs first, or
  2. if Table "B", "C", "D" or "E" applies to him, the age prescribed for his rank in that table; (1 July 2004)
"years of service" (années de service)
means years of full-time paid service, including service as an officer, in any of Her Majesty's Forces.

(2) Subject to paragraphs (7) and (8), a non-commissioned member of the Regular Force shall be released

  1. upon reaching retirement age; or
  2. after the completion of 30 years of service, if the Chief of the Defence Staff so directs.

(1 July 2004)

(3) Table "A" applies to a non-commissioned member of the Regular Force if he:

  1. commenced his service as a non-commissioned member of the Regular Force on or after 1 February 1968 but prior to 1 April 1978; or
  2. has elected under paragraph (5) to have Table "A" apply to him;

and if on or after 1 April 1978 he was not offered or did not accept to have Table "D" apply to him, or on or after 1 July 2004 he is not offered or does not accept to have Table "E" apply to him. (1 July 2004)

(4) Subject to paragraphs (5) and (9), Table "B" or "C", as appropriate, applies to a non-commissioned member of the Regular Force who on 31 January 1968 was a non-commissioned member of the Regular Force of a former Service and who on or after 1 April 1978 was not offered or did not accept to have Table "D" apply to him, or on or after 1 July 2004 he is not offered or does not accept to have Table "E" apply to him. (1 July 2004)

(5) A non-commissioned member described in paragraph (4) may, before 1 February 1969, by written notice to his commanding officer in the form prescribed by the Minister, elect to have his retirement age determined in accordance with paragraph (3) if under Table "B " or "C", as appropriate, he will not have reached his retirement age before 1 February 1970. If, as a result of that election, such a non-commissioned member will reach his retirement age prior to 1 February 1970, he will not, by reason only of that election, be eligible for release prior to that day.

(6) Subject to paragraphs (7) and (8), a non-commissioned member of the Reserve Force shall be released on reaching the age limit prescribed by the Chief of the Defence Staff.

(7) The retention of a non-commissioned member beyond the date on which he would otherwise be released in accordance with this article may be authorized by the Chief of the Defence Staff.

(8) Where any part of the Canadian Forces is on active service by reason of an emergency, the retirement ages for non-commissioned members of any component may be extended to such extent as the Minister may prescribe.

(9) Notwithstanding anything in paragraph (4) or (5), where a non-commissioned member makes application for his release under subsection 6(3) of the Canadian Forces Reorganization Act, he may, by written notice to his commanding officer in the form prescribed by the Minister, have his retirement age determined under Table "A".

(10) The Minister may, subject to the concurrence of the Treasury Board, until 31 January 1970, authorize such exceptions to and adaptations and modifications of this article as he may consider appropriate having regard to the interests of the non-commissioned member concerned and the requirements of the service.

(11) Table "D" applies to a non-commissioned member of the Regular Force if he:

  1. commenced his service as a non-commissioned member of the Regular Force on or after 1 April 1978 but prior to 1 July 2004;
  2. was serving as a non-commissioned member of the Regular Force on an indefinite period of service on 31 March 1978 and in accordance with orders issued by the Chief of the Defence Staff, was offered and accepted to have Table "D" apply to him; or
  3. was serving as a non-commissioned member of the Regular Force on a fixed period of service on 31 March 1978, unless the non-commissioned member applied to have Table "A", "B" or "C" to this article, as appropriate, continue to apply to him and the Chief of the Defence Staff approved his application;

and on or after 1 July 2004 he is not offered or does not accept to have Table "E" apply to him.

(1 July 2004)

(12) Table "E" applies to a non-commissioned member of the Regular Force who

  1. commenced his service as a non-commissioned member of the Regular Force on or after 1 July 2004; or
  2. was serving as a non-commissioned member of the Regular Force on 30 June 2004 and, in accordance with orders issued by the Chief of the Defence Staff, is offered and accepts to have Table "E" apply to him.

(1 July 2004)

(13) This article is a regulation made for the purposes of paragraph 15(1)(b) of the Canadian Human Rights Act.

(1 July 2004)

(G) (P.C. 2004-751 of 17 June 2004 effective 1 July 2004)

TABLE "A" TO ARTICLE 15.31

RELEASE – NON-COMMISSIONED MEMBERS

Rank
Years of Service
Age
Sergeant and above 30 50
Corporal and below 25 44

(G)

TABLE "B" TO ARTICLE 15.31

RELEASE – FORMER NON-COMMISSIONED MEMBERS OF THE ROYAL CANADIAN NAVY

Rank
Age
All ranks 50

(G)

TABLE "C" TO ARTICLE 15.31

RELEASE – FORMER NON-COMMISSIONED MEMBERS OF
CANADIAN ARMY OR ROYAL CANADIAN AIR FORCE

Rank
Age
Chief Warrant Officer 55
Master Warrant Officer 52
Warrant Officer and below 50

(G)

TABLE "D" TO ARTICLE 15.31

SPECIAL RELEASE AGE – NON-COMMISSIONED MEMBERS

Rank
Age
All ranks 55

(G)

Table "E" TO ARTICLE 15.31

AGE 60 RELEASE - NON-COMMISSIONED MEMBERS

Rank
Age
All ranks 60

(G) (P.C. 2004-751 of 17 June 2004 effective 1 July 2004)

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15.32 – RELEASE FOR FRAUDULENT ENROLMENT

(1) A non-commissioned member may be released under Item 1(d) (Fraudulent Statement on Enrolment) of the table to article 15.01 (Release of Officers and Non-commissioned Members) if, after enrolment, he is found to have:

  1. failed on that enrolment to disclose that he was in a state of desertion from or belonged to the Canadian Forces, a former Service, or any other armed force; or
  2. made any fraudulent statement, except as to age, in the documents signed by him on enrolment.

(2) The commanding officer shall report the particulars of any case described in paragraph (1) to National Defence Headquarters for direction.

(G)

15.33 - RELEASE ON REQUEST - NON-COMMISSIONED MEMBERS

The release of a non-commissioned member under Item 4(c) (Voluntary - On Request - Other Causes) of the table to article 15.01 (Release of Officers and Non-commissioned Members) shall not be approved unless:

  1. the applicant has good and substantial reasons for seeking his release and the exigencies of the service permit; and
  2. the applicant is not on active service by reason of an emergency.

(M)

(15.34 AND 15.35: NOT ALLOCATED)

15.36 - NOTICE OF INTENT TO RECOMMEND RELEASE - NON-COMMISSIONED MEMBERS

(1) This article applies to the proposed release of any non-commissioned member who is of or above the rank of sergeant, or to the proposed release of a non-commissioned member who is below the rank of sergeant but who has served 10 or more years in the Regular Force, under the following items of article 15.01 (Release of Officers and Non-commissioned Members):

  1. Item 1(b) (Service Misconduct);
  2. Item 1(d) (Fraudulent Statement on Enrolment);
  3. Item 2 (Unsatisfactory Service);
  4. Item 5(d) (Not Advantageously Employable); or
  5. Item 5(f) (Unsuitable for Further Service).

(2) Where a commanding officer proposes to recommend the release of a non-commissioned member referred to in paragraph (1) under an item mentioned in that paragraph, the commanding officer shall:

  1. prepare a written Notice of Intent to Recommend Release, which shall include a statement of the reasons for the recommendation;
  2. personally deliver that notice directly to the non-commissioned member; and
  3. require the non-commissioned member, if he objects to the recommendation, to reply to the commanding officer in writing within 14 days, stating why he objects.

(3) Where a commander of a command, a commander of a formation or a base commander, as a superior officer to whom the commanding officer of a non-commissioned member referred to in paragraph (1) is responsible, proposes to recommend the release of that non-commissioned member, under an item mentioned in that paragraph, that superior officer shall:

  1. prepare a written Notice of Intent to Recommend Release, which shall include a statement of the reasons for the recommendation; and
  2. forward that notice to the commanding officer and direct him to take action in accordance with subparagraphs (2)(b) and (c).

(4) Where the Chief of the Defence Staff proposes to recommend the release of a non-commissioned member referred to in paragraph (1) under an item mentioned in that paragraph, he shall:

  1. prepare a written Notice of Intent to Recommend Release, which shall include a statement of the reasons for the recommendation; and
  2. forward that notice to the appropriate superior officer and direct him to take action in accordance with subparagraph (3)(b).

(5) A Notice of Intent to Recommend Release may be withdrawn by the officer who prepared it or by any officer superior to the officer who prepared it and to whom it has been forwarded.

(6) Notice of Intent to Recommend Release prepared by the commanding officer in accordance with subparagraph (2)(a), the superior officer in accordance with subparagraph (3)(a) or the Chief of the Defence Staff in accordance with subparagraph (4)(a), together with the reply of the non-commissioned member or a statement by the commanding officer that the non-commissioned member has failed to make a reply, and with any comments from the commanding officer and, if appropriate, the superior officer shall, unless that notice has been withdrawn pursuant to paragraph (5), be forwarded to the Chief of the Defence Staff in the manner prescribed in orders issued by him.

(7) If a non-commissioned member to whom a Notice of Intent to Recommend Release has been delivered in accordance with this article does not reply in writing to the commanding officer within 14 days, the non-commissioned member shall be deemed to have no objection to his proposed release.

(8) Where the Chief of the Defence Staff receives a reply in writing from a non-commissioned member to whom a Notice of Intent to Recommend Release has been delivered in accordance with this article, which reply objects to the proposed release under the item recommended, the non-commissioned member, unless the Chief of the Defence Staff withdraws that notice, shall be advised of the reasons that the recommendation for release will be proceeded with despite the non-commissioned member's objections, but that the non-commissioned member is entitled to submit a grievance in accordance with Chapter 7 (Grievances).

(15 June 2000)

(9) Nothing in this article requires a Notice of Intent to Recommend Release to be given to a non-commissioned member referred to in paragraph (1), and whose release is being recommended under an item mentioned in that paragraph, on the grounds of his having been committed to undergo a sentence of imprisonment.

(M) (29 May 2000 effective 15 June 2000)

(15.37 TO 15.49 INCLUSIVE: NOT ALLOCATED)


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Section 4 - Reinstatement of Officers and Non-commissioned Members

15.50 - REINSTATEMENT

(1) Subsection 30(4) of the National Defence Act provides:

"30. (4) Subject to regulations made by the Governor in Council, where

  1. an officer or non-commissioned member has been released from the Canadian Forces or transferred from one component to another by reason of a sentence of dismissal or a finding of guilty by a service tribunal or any court; and
  2. the sentence or finding ceases to have force and effect as a result of a decision of a competent authority,

the release or transfer may be cancelled, with the consent of the officer or non-commissioned member concerned, who shall thereupon, except as provided in those regulations, be deemed for the purpose of this Act or any other Act not to have been so released or transferred."

(2) Subject to paragraph (3), where an officer or non-commissioned member has been released or transferred from one component to another by reason of a sentence of dismissal or a finding of guilty by a service tribunal or any court, and the sentence or finding ceases to have force and effect as a result of a decision of a competent authority, the Minister, within 18 months of the release or transfer, or the Governor in Council at any time, may, with the consent of the member, cancel the release or transfer.

(3) The pay and allowances of an officer or non-commissioned member whose release or transfer is cancelled under paragraph (2) is subject to such deduction as may be imposed under paragraph (3) of article 208.31 (Forfeitures, Deductions and Cancellations - Where No Service Rendered).

(4) An officer or non-commissioned member whose release or transfer has been cancelled under paragraph (2) is entitled to the benefits described in CBI 209.99 (Entitlement to Transportation Benefits on Reinstatement - Regular Force) and 209.9942 (Movement of Dependants, Furniture and Effects - Members Reinstated - Regular Force). (1 September 2001)

(G) (P. C. 2001-1508 of 28 August 2001 effective 1 September 2001)

(15.51 TO 15.99 INCLUSIVE: NOT ALLOCATED)