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
editThe 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
editThe QR&O is divided into four volumes, containing the indicated chapters:
- Volume I – Administrative (Chapters 1 through 100)
- Volume II – Disciplinary (Chapters 101 through 200)
- Volume III – Financial (Chapters 201 through 300)
- Volume IV – Appendices
Volume I – Administrative
editVolume 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
editVolume 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
editVolume 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
editVolume 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
edit
Footnotes
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Further reading
edit- Chris Madsen, Military Law and Operations. Loose-leaf publication updated 1–2 times per year. Aurora, Ontario: Canada Law Book, 2008. [1]
References
edit- ^ "National Defence Act". laws.justice.gc.ca. Archived from the original on September 25, 2005. Retrieved January 14, 2022.
- ^ 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)
- ^ 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.
- ^ "QR&O Chapter 1 - Introduction and Definitions". www.admfincs.forces.gc.ca. Archived from the original on July 6, 2007. Retrieved January 14, 2022.