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
. They are regarded as the primary document of military law and regulations in Canada - aside from 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"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
, the Canadian Bill of Rights
or the Canadian Charter of Rights and Freedoms
; 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.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.
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 discharge
s) and the prosecution and punishment thereof, from summary trials to the various kinds of court-martial
. It comprises the following chapters:
, and other applicable Acts of Parliament. It comprises the following appendices:
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 ActNational 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 ProgramCanadian Forces Drug Control ProgramQueen'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 DisciplineCode 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 ActSecurity 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 RegulationsQueen's RegulationsQueen'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 ActNational Defence ActThe National Defence Act is the primary enabling legislation for organizing and funding Canada's military....
- Canadian Armed Forces
- Code of Service DisciplineCode of Service DisciplineThe 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 OrdersCanadian Forces Administrative OrdersCanadian 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
- Chris Madsen, Military Law and Operations. Loose-leaf publication updated 1–2 times per year. Aurora, Ontario: Canada Law Book, 2008. http://www.canadalawbook.ca/catalogue_detail.cfm?ProductID=1302&CategoryID=48