Here is the response I received from the MND a couple of days ago
Dear xxxxxx:
Thank you for your e-mail concerning job protection for members of the Reserve Force. I regret the delay in replying.
Reserve Force members must balance college and university studies or full-time employment with their military responsibilities. They gain military skills by working full or part-time with their home units, attending courses, exercises, and serving Canada for extended periods at home or overseas. Participation by reservists in Canadian Force missions at home and abroad are strictly voluntary.
As part of its response to the events of 11 September 2001, the Government of Canada amended the National Defence Act by adding a section on Reinstatement in Civil Employment. This provision will require employers to protect the civilian jobs of reservist employees if they are required to serve in a non-voluntary capacity in the military in the event of a declared emergency, as defined by the National Defence Act. Canada has not experienced such an emergency since World War II.
Legislated job protection for other than emergency situations has been considered. However, our research indicates that compulsory job protection may not be the best way to assist reservists. In fact, such action could work against our Reserve Force members, as businesses could manage their hiring practices to prevent employing them. Members would then be forced to choose between full-time civilian employment and their desire to serve as members of the Reserve Force. Thus, in the absence of a defined emergency, voluntary job protection is the preferred option in Canada.
The Canadian Forces Liaison Council plays a strong role in gaining support from Canadian employers for Reserve Force members. That support enhances the availability of reservists for military duties and encourages businesses to grant leave, without penalty, to reservists who volunteer to serve or to deploy on overseas missions. As well, the Council works to identify the benefits, such as leadership, commitment, and experience that members of the Canadian Forces bring to an organization. A positive approach to working with employers should help the majority of our reserve soldiers, sailors, airmen, and airwomen in the long run.
While in most cases the voluntary process provides support for the majority of our Reserve Force members, there are occasions where employers cannot retain individuals who have deployed. Accordingly, we are now promoting other initiatives such as providing better access to federal Public Service and full-time Reserve job postings and providing increased opportunity for members to transfer to the Regular Force.
Thank you for writing and for your interest in the Canadian Forces.
Sincerely,
The Honourable Gordon J. O'Connor, PC, MP
Minister of National Defence
MCU2006-08377