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National Defence Act

Version of section 31 from 2004-05-21 to 2024-05-28:


Marginal note:Placing forces on active service

  •  (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.

  • R.S., 1985, c. N-5, s. 31
  • R.S., 1985, c. 31 (1st Supp.), s. 60
  • 2004, c. 15, s. 76

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