Queen's Regulations and Orders
Encyclopedia
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
Canadian Forces
The Canadian Forces , officially the Canadian Armed Forces , are the unified armed forces of Canada, as constituted by the National Defence Act, which states: "The Canadian Forces are the armed forces of Her Majesty raised by Canada and consist of one Service called the Canadian Armed Forces."...

. They are regarded as the primary document of military law and regulations in Canada - aside from the National Defence Act
National Defence Act
The National Defence Act is the primary enabling legislation for organizing and funding Canada's military....

.

Authority

The QR&O are issued under the authority of Section 12 of the National Defence Act
National Defence Act
The National Defence Act is the primary enabling legislation for organizing and funding Canada's military....

 (NDA), the governing statute of the Canadian Forces. Section 12 provides the Governor in Council (i.e., the Governor-General acting on the advice
Advice (constitutional)
Advice, in constitutional law, is formal, usually binding, instruction given by one constitutional officer of state to another. Especially in parliamentary systems of government, Heads of state often act on the basis of advice issued by prime ministers or other government ministers...

 of Cabinet
Cabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...

) and the Minister of National Defence
Minister of National Defence (Canada)
The Minister of National Defence is a Minister of the Crown; the Canadian politician within the Cabinet of Canada responsible for the Department of National Defence which oversees the Canadian Forces....

 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 of natural justice
Natural justice
Natural justice is a term of art that denotes specific procedural rights in the English legal system and the systems of other nations based on it. Whilst the term natural justice is often retained as a general concept, it has largely been replaced and extended by the more general "duty to act fairly"...

, the Canadian Bill of Rights
Canadian Bill of Rights
The Canadian Bill of Rights is a federal statute and bill of rights enacted by Prime Minister John Diefenbaker's government on August 10, 1960. It provides Canadians with certain quasi-constitutional rights in relation to other federal statutes...

 or the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...

; it also permits the Treasury Board
Treasury Board
The Treasury Board is the Government of Canada's only statutory Cabinet committee and is responsible for the federal civil service much of the operation of the Canadian government. Among its specific duties are negotiating labour agreements with the public service unions and serving as Comptroller...

 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 – Appendices

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
Canadian Forces Drug Control Program
Queen's Regulations and Orders Chapter 20 establishes the administrative law framework for the control of drug use by members of the Canadian Forces . It prohibits CF members from involvement with most drugs, except alcohol and tobacco, purportedly to maintain discipline within the CF, ensure the...

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
Code of Service Discipline
The Code of Service Discipline is the basis of the Canadian Forcesmilitary justice system. The CSD is designed to assist military commanders in maintaining discipline, efficiency, and morale within theCF. It is found in Part III of the National Defence Act...

 and is the authoritative manual for military law
Military law
Military justice is the body of laws and procedures governing members of the armed forces. Many states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use...

 in Canada. It contains the regulations governing the commission of service offences (ranging from treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...

 to negligent discharge
Negligent discharge
A negligent discharge is a discharge of a firearm involving culpable carelessness. In judicial and military technical terms, a negligent discharge is a chargeable offence. A number of armed forces automatically consider any accidental discharge to be negligent discharge, under the assumption that...

s) and the prosecution and punishment thereof, from summary trials to the various kinds of court-martial
Court-martial
A court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of...

. 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
Security of Information Act
In Canada, the Security of Information Act is part of the Canadian Anti-Terrorism Act which received Royal Assent on December 18, 2001 and came into effect on December 24, 2001. This Act renamed and replaced Official Secrets Act 1981...

, 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

See also

  • Queen's Regulations
    Queen's Regulations
    Queen's Regulations are a collection of orders and regulations in force in the Royal Navy, British Army, and Royal Air Force, forming guidance for officers of these armed services in all matters of discipline and personal conduct...

  • National Defence Act
    National Defence Act
    The National Defence Act is the primary enabling legislation for organizing and funding Canada's military....

  • Canadian Armed Forces
  • Code of Service Discipline
    Code of Service Discipline
    The Code of Service Discipline is the basis of the Canadian Forcesmilitary justice system. The CSD is designed to assist military commanders in maintaining discipline, efficiency, and morale within theCF. It is found in Part III of the National Defence Act...

  • Canadian Forces Administrative Orders
    Canadian Forces Administrative Orders
    Canadian Forces Administrative Orders are issued to "supplement and amplify the Queen's Regulations and Orders ...[they] contain administrative policy, procedures and information of continuing effect." ...

  • Order in Council

Further reading


External links

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