C.R.C., c. 105020196

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NATIONAL DEFENCE ACTReserve Forces Training Leave RegulationsRegulations Respecting Training Leave for Reserve ForcesShort Title

1These Regulations may be cited as the Reserve Forces Training Leave Regulations.

Interpretation

2In these Regulations,Act means the National Defence Act; (Loi)Reserves means that component of the Canadian Forces referred to in the Act as the reserve force. (réserve)

Leave for Reserve Training

3Any person employed in the public service of Canada may be granted leave of absence(a)during the period that, as a member of the Reserves, he is required to be absent from his civil position while(i)taking annual training,(ii)attending essential service parades,(iii)on duty necessitated by the declaration of a disaster pursuant to section 34 of the Act,(iv)on duty with his unit to combat a local emergency such as flood or fire when a disaster has not been declared,(v)on duty or reserve training when called out or ordered for duty or training pursuant to section 33 of the Act,(vi)taking a prescribed course for the purpose of qualifying for a higher rank;(b)during the period that he is required to be absent from his civil position while serving as an officer or instructor in any of the authorized cadet organizations of Canada, for the purposes set forth in subparagraphs (a)(i), (ii) and (vi); and(c)during the period that he is attending as a delegate meetings of service associations or the conference of Defence Associations.

4(1)Subject to subsection (2), every person granted leave pursuant to subparagraph 3(a)(i), (ii), (iii) or (iv), or paragraph 3(b) or (c), shall be paid one rate of pay only, either civil pay or Canadian Forces pay and allowances appropriate to his military rank and status.(2)Nothing herein contained shall preclude an employee from receiving Canadian Forces pay in addition to his civil pay for any period of service performed pursuant to these Regulations while he is on annual or vacation leave.

5Leave to be granted pursuant to subparagraph 3(a)(v) or (vi) shall be subject to the approval of the deputy head of the department of government or the officer in charge of the branch of the public service in which the applicant for such leave is employed and, when granted, shall be without pay.

6Where an employee elects to be paid civil pay for service performed other than during annual or vacation leave, a certificate in the form provided for the purpose shall be completed and distributed as indicated thereon.

7Any person who is injured or is incapacitated because of illness while on leave of absence pursuant to these Regulations shall not, except as provided by subsection 4(2), be paid civil pay in addition to the pay and allowances provided for the period of hospitalization and incapacitation in regulations made by the Governor in Council under the Act; if such person is granted sick leave with pay pursuant to the Public Service Terms and Conditions of Employment Regulations or other such regulations as may be applicable, he may be paid such part of his civil pay as, when added to the said pay and allowances, will equal the amount of his civil pay.

8(1)Leave of absence granted under these Regulations to a permanent employee shall not affect the seniority of such employee, nor shall it affect or defer the effective date of any increase in compensation for which such employee may be eligible.(2)Leave of absence granted under these Regulations to a temporary employee shall not affect the seniority of such employee nor preclude his permanent appointment being made as of the date upon which he may be eligible for permanent appointment, nor shall it affect or defer the effective date of any increase in compensation for which such employee may be eligible.

9These Regulations do not apply to personnel placed on active service pursuant to section 31 of the Act.