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.
Contents
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, 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.[2]
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 GrantsVolume 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