- Queen's Regulations and Orders for the Canadian Forces
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 theNational Defence Act .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 ofCabinet ) and the Minister of National Defence with the power to make "regulations" for the "organization, training, discipline, efficiency, administration, and government of the Forces" [http://laws.justice.gc.ca/en/N-5/85073.html#section-12] , so long as such regulations are not inconsistent with the NDA, common-law principles ofnatural justice ["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)"] , or theCanadian Bill of Rights [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".] ; it also permits theTreasury 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. [http://www.admfincs.forces.gc.ca/qr_o/vol1/ch001_e.asp#1.23]
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 (Chapters 1 through 100)
*Volume II – Disciplinary (Chapters 101 through 200)
*Volume III – Financial (Chapters 201 through 300)
*Volume IV - AppendicesVolume 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 formilitary law in Canada. It contains the regulations governing the commission ofservice offence s (ranging fromtreason tonegligent discharge s) and the prosecution and punishment thereof, fromsummary trial s to the various kinds ofcourt-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 - Special General Courts Martial And Standing Courts Martial: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 Judgesamended: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 - Queen'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
ee also
*
National Defence Act
*Canadian Armed Forces
*Code of Service Discipline
*Canadian Forces Administrative Orders
*Order in Council External links
* [http://www.admfincs.forces.gc.ca/qr_o/intro_e.asp Queen´s Regulations and Orders for the Canadian Forces]
* [http://laws.justice.gc.ca/en/n-5/ National Defence Act]Footnotes
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