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Need advice

48Highlander

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  Alright, so here's my dillema.  I'm an A/B reservist out of Toronto, and this summer I ended up on a Class B contract going from 16 May untill 23 Jully.  I was offered an extension under the understanding that I would stay and teach one more course - but I was not given a solid end date.  My assumption was that the contract would run untill the end of that course, after which I'd be back on Class A service.
  I recently notified my unit that I would be unable to attend Stalwart Gaurdian 2005, due to personal issues, and their response (as of today) is that I am "on a class B contract untll the end of SG 05" and cannot be excused from the exercise without propper permission from the chain of command.  The problem is, I'm supposed to report tonight with all of my kit, none of which is clean or packed.  Now, since nobody ever asked my opinion about extending the contract date to include the exercise, am I wrong in thinking that there's something wrong here?  Can the unit extend my contract without discussing it with me, or even notifying me?
 
Not sure.  Although, when I called the unit clerks last week, they had no idea I was still up there.  I ended up not getting paid for the last pay period because they thought my contract was over.  I'm assuming that by now it's been fixed, but I don't know what they've got on paper.
 
These are the only regulations I could find:

National Defence Act: http://laws.justice.gc.ca/en/N-5/85073.html#section-33

Service

Liability in case of regular force
33. (1) The regular force, all units and other elements thereof and all officers and non-commissioned members thereof are at all times liable to perform any lawful duty.

Liability in case of reserve force
(2) The reserve force, all units and other elements thereof and all officers and non-commissioned members thereof

(a) may be ordered to train for such periods as are prescribed in regulations made by the Governor in Council; and

(b) may be called out on service to perform any lawful duty other than training at such times and in such manner as by regulations or otherwise are prescribed by the Governor in Council.

Exception in case of reserve force
(3) Nothing in subsection (2) shall be deemed to impose liability to serve as prescribed therein, without his consent, on an officer or non-commissioned member of the reserve force who is, by virtue of the terms of his enrolment, liable to perform duty on active service only.

Meaning of "duty"
(4) In this section, "duty" means any duty that is military in nature and includes any duty involving public service authorized under section 273.6.

R.S., 1985, c. N-5, s. 33; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 8
.

and QR&O 9.04 http://www.admfincs.forces.gc.ca/admfincs/subjects/qr_o/vol1/ch009_e.asp#9.04

(3) Nothing in subsection (2) shall be deemed to impose liability to serve as prescribed therein, without his consent, on an officer or non-commissioned member of the reserve force who is, by virtue of the terms of his enrolment, liable to perform duty on active service only
.

If I understand these correctly, unless you are being called for active service, you cannot be forced to duty without your consent. However, my knowlegde on reserve contract is extremely limited.   Perhaps someone else can help on this matter?


 
Well, I've done up a lot of Route ltrs and Travel Claims in my time, but they have always had an end date.  I've never seen an open ended one before.  I would find out what the end date was on the original.  Then, what the extension was.  They would have to ask you prior to extending you though.  Sounds like a little bit of jiggery-pokery going on there.
 
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