Queen's Regulations and Orders for the Canadian Forces explained

The Queen's Regulations and Orders for the Canadian Forces (QR&O) are regulations having the force of law for the governance of the Canadian Forces. They are regarded as the primary document of military law and regulations in Canada – aside from the National Defence Act.

The titling of these regulations currently remains unchanged after the Death of Queen Elizabeth II.

Authority

The QR&O are issued under the authority of Section 12 of the National Defence Act (NDA), the governing statute of the Canadian Forces. Section 12 provides the Governor in Council (i.e., the Governor-General acting on the advice of Cabinet) and the Minister of National Defence with the power to make regulations for the "organization, training, discipline, efficiency, administration, and government of the Forces",[1] so long as such regulations are not inconsistent with the NDA, common-law principles of natural justice,[2] the Canadian Bill of Rights or the Canadian Charter of Rights and Freedoms;[3] it also permits the Treasury Board to make regulations concerning pay, allowances, forfeitures, deductions, etc.

QR&O 1.23 further authorizes the Chief of Defence Staff (CDS) to issue orders and instructions "not inconsistent with the National Defence Act or with any regulations made by the Governor in Council, the Treasury Board or the Minister" in the discharge of his duties or in implementation/explanation of regulations.[4]

Each regulation or order within the QR&O is, as noted above, issued under the authority of the Governor in Council, the Minister, Treasury Board, or CDS; the issuing authority is indicated by a letter in parentheses following each regulation or order, namely (G), (M), (T), and (C), respectively.

Volumes

The QR&O is divided into four volumes, containing the indicated chapters:

Volume I – Administrative

Volume I contains the most wide-ranging subject matter. It contains regulations and orders for the CF to cover almost every aspect of military life, from enrolment to release, and all items in between. It comprises the following chapters:

Ch. 1 – Introduction and Definitions

Ch. 2 – Government and Organization

Ch. 3 – Rank, Seniority, Command and Precedence

Ch. 4 – Duties and Responsibilities of officers

Ch. 5 – Duties and Responsibilities of Non-Commissioned Members

Ch. 6 – Enrolment and Re-Engagement

Ch. 7 – Grievances

Ch. 8 – (Not Allocated)

Ch. 9 – Reserve Service

Ch. 10 – Transfer, Attachment, Secondment and Loan

Ch. 11 – Promotion, Reversion and Compulsory Remustering

Ch. 12 – Promotion of Officers

Ch. 13 – (Not Allocated)

Ch. 14 – Promotion and Reclassification of Non-Commissioned Members

Ch. 15 – Release

Ch. 16 – Leave

Ch. 17 – Dress and Appearance

Ch. 18 – Honours

Ch. 19 – Conduct and Discipline

Ch. 20 – Canadian Forces Drug Control Program

Ch. 21 – Summary Investigations and Boards of Inquiry

Ch. 22 – Military Police and Reports on Persons in Custody

Ch. 23 – Duties in Aid of the Civil Power

Ch. 24 – Casualties and Funerals

Ch. 25 – Service Estates and Personal Belongings

Ch. 26 – Personal Records and Documents

Ch. 27 – Messes, Canteens and Institutes

Ch. 28 – Allotment and Occupation of Quarters

Ch. 29 – Works and Buildings

Ch. 30 – Fire Protection Services

Ch. 31 – (Repealed)

Ch. 32 – Bands

Ch. 33 – Chaplain Services

Ch. 34 – Medical Services

Ch. 35 – Dental Services

Ch. 36 – Materiel and Provision of Services

Ch. 37 – (Not Allocated)

Ch. 38 – Liability for Public and Non-Public Property

Ch. 39 to 100 (Not Allocated)

Volume II – Disciplinary

Volume II amplifies the Code of Service Discipline and is the authoritative manual for military law in Canada. It contains the regulations governing the commission of service offences (ranging from treason to negligent discharges) and the prosecution and punishment thereof, from summary trials to the various kinds of court-martial. It comprises the following chapters:

Ch. 101 – General Provisions Respecting the Code of Service Discipline

Ch. 102 – Disciplinary Jurisdiction

Ch. 103 – Service Offences

Ch. 104 – Punishments and Sentences

Ch. 105 – Arrest and Pre-trial Custody

Ch. 106 – Investigation of Service Offences

Ch. 107 – Preparation, Laying and Referral of Charges

Ch. 108 – Summary Proceedings

Ch. 109 – Application for Referral Authority for Disposal of a Charge

Ch. 110 – Action by Director of Military Prosecutions in Respect of Charges

Ch. 111 – Convening of Courts Martial and Pre-trial Administration

Ch. 112 – Procedure at Courts Martial

Ch. 113 – REPEALED 1 SEPTEMBER 1999

Ch. 114 – General Provisions Respecting Imprisonment and Detention

Ch. 115 – Appeals from Courts Martial

Ch. 116 – Review Of Findings and Punishments

Ch. 117 – New Trials

Ch. 118 – Release from Detention or Imprisonment Pending Appeal from Court Martial

Ch. 119 – Mental Disorder

Ch. 120 to 200 (Not Allocated)

Volume III – Financial

Volume III lays out the framework of regulations that govern the financial issues of the CF, including pay, allotments, deductions, expenses, etc. It comprises the following chapters:

Ch. 201 – Duties and Responsibilities of Accounting Officers

Ch. 202 – Cash Accounts and Banking Arrangements

Ch. 203 – Financial Benefits – Generally

Ch. 204 – Financial Benefits and Pay of Military Judges amended

Ch. 205 – Allowances for Officers and Non-Commissioned Members

Ch. 206 – Pension Deductions, Contributions and Gratuities

Ch. 207 – Pay Allotments and Compulsory Payments

Ch. 208 – Fines, Forfeitures And Deductions

Ch. 209 – Transportation and Travelling Expenses

Ch. 210 – Miscellaneous Entitlements and Grants

Volume IV – Appendices

Volume IV contains supplementary rules and regulations. It also contains the texts of the NDA, the Security of Information Act, and other applicable Acts of Parliament. It comprises the following appendices:

PART I – CANADIAN FORCES

1.1 – National Defence Act

1.2 – Court Martial Appeal Rules

1.3 – Military Rules of Evidence

1.4 – Regulations for Service Prisons and Detention Barracks

1.5 – Prisoner-of-War Status Determination Regulations

1.6 – National Defence Claims Regulations, 1970

PART II – VISITING FORCES

2.1 – Visiting Forces Act

2.2 – Visiting Forces Regulations

2.3 – Visiting Forces Attachment and Serving Together Regulations

2.4 – Agreement Between the Parties to the North Atlantic Treaty Regarding the Status of their Forces

PART III – SECURITY

3.1 – Security of Information Act

3.2 – Defence Controlled Access Area Regulations

3.3 – Inspection and Search Defence Regulations

3.4 – Government Property Traffic Regulations

PART IV – FINANCIAL

4.1 – Charges for Family Housing Regulations

4.2 – (REPEALED)

4.3 – (REPEALED)

4.4 – Retroactive Remuneration Regulations – Canadian Forces

PART V – RETIREMENT BENEFITS

5.1 – Canadian Forces Superannuation Act

5.2 – Canadian Forces Superannuation Regulations

5.3 – Supplementary Retirement Benefits Act

PART VI – CANADIAN MILITARY COLLEGES

6.1 – Queens's Regulations and Orders for the Canadian Military Colleges (new format)

PART VII – MILITARY POLICY

7.1 – Military Police Professional Code of Conduct

7.2 – Complaints About the Conduct of Members of the Military Police Regulations

See also

Further reading

External links

Notes and References

  1. Web site: National Defence Act . laws.justice.gc.ca . 14 January 2022 . https://web.archive.org/web/20050925090027/http://laws.justice.gc.ca/en/N-5/85073.html#section-12 . 25 September 2005 . dead.
  2. Joplin v. Vancouver Chief Constable [1982], 144 D.L.R. (3d) 285 (B.C.S.C.), aff’d. [1985], 20 D.L.R. (4th) 314 (B.C.C.A)
  3. Post-charter case law including MacBain v. Lederman, [1985] 1 F.C. 856 (C.A.) and Singh v. Canada (Minister of Employment and Immigration), [1985] 1 S.C.R. 177 at pp. 188–89.
  4. Web site: QR&O Chapter 1 - Introduction and Definitions . www.admfincs.forces.gc.ca . 14 January 2022 . https://web.archive.org/web/20070706022057/http://www.admfincs.forces.gc.ca/qr_o/vol1/ch001_e.asp#1.23 . 6 July 2007 . dead.