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 DefinitionsCh. 2 - Government and OrganizationCh. 3 - Rank, Seniority, Command and PrecedenceCh. 4 - Duties and Responsibilities of officersCh. 5 - Duties and Responsibilities of Non-Commissioned MembersCh. 6 - Enrolment and Re-EngagementCh. 7 - GrievancesCh. 8 - (Not Allocated)Ch. 9 - Reserve ServiceCh. 10 - Transfer, Attachment, Secondment and LoanCh. 11 - Promotion, Reversion and Compulsory RemusteringCh. 12 - Promotion of OfficersCh. 13 - (Not Allocated)Ch. 14 - Promotion and Reclassification of Non-Commissioned MembersCh. 15 - ReleaseCh. 16 - LeaveCh. 17 - Dress and AppearanceCh. 18 - HonoursCh. 19 - Conduct and DisciplineCh. 20 - Canadian Forces Drug Control ProgramCh. 21 - Summary Investigations and Boards of InquiryCh. 22 - Military Police and Reports on Persons in CustodyCh. 23 - Duties in Aid of the Civil PowerCh. 24 - Casualties and FuneralsCh. 25 - Service Estates and Personal BelongingsCh. 26 - Personal Records and DocumentsCh. 27 - Messes, Canteens and InstitutesCh. 28 - Allotment and Occupation of QuartersCh. 29 - Works and BuildingsCh. 30 - Fire Protection ServicesCh. 31 - (Repealed)Ch. 32 - BandsCh. 33 - Chaplain ServicesCh. 34 - Medical ServicesCh. 35 - Dental ServicesCh. 36 - Materiel and Provision of ServicesCh. 37 - (Not Allocated)Ch. 38 - Liability for Public and Non-Public PropertyCh. 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 DisciplineCh. 102 - Disciplinary JurisdictionCh. 103 - Service OffencesCh. 104 - Punishments and SentencesCh. 105 - Arrest and Pre-trial CustodyCh. 106 - Investigation of Service OffencesCh. 107 - Preparation, Laying and Referral of ChargesCh. 108 - Summary ProceedingsCh. 109 - Application for Referral Authority for Disposal of a ChargeCh. 110 - Action by Director of Military Prosecutions in Respect of ChargesCh. 111 - Convening of Courts Martial and Pre-trial AdministrationCh. 112 - Procedure at Courts MartialCh. 113 - REPEALED 1 SEPTEMBER 1999Ch. 114 - General Provisions Respecting Imprisonment and DetentionCh. 115 - Appeals from Courts MartialCh. 116 - Review Of Findings and PunishmentsCh. 117 - New TrialsCh. 118 - Release from Detention or Imprisonment Pending Appeal from Court MartialCh. 119 - Mental DisorderCh. 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 OfficersCh. 202 - Cash Accounts and Banking ArrangementsCh. 203 - Financial Benefits - GenerallyCh. 204 - Financial Benefits and Pay of Military Judges amendedCh. 205 - Allowances for Officers and Non-Commissioned MembersCh. 206 - Pension Deductions, Contributions and GratuitiesCh. 207 - Pay Allotments and Compulsory PaymentsCh. 208 - Fines, Forfeitures And DeductionsCh. 209 - Transportation and Travelling ExpensesCh. 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 FORCES1.1 - National Defence Act1.2 - Court Martial Appeal Rules1.3 - Military Rules of Evidence1.4 - Regulations for Service Prisons and Detention Barracks1.5 - Prisoner-of-War Status Determination Regulations1.6 - National Defence Claims Regulations, 1970PART II – VISITING FORCES2.1 - Visiting Forces Act2.2 - Visiting Forces Regulations2.3 - Visiting Forces Attachment and Serving Together Regulations2.4 - Agreement Between the Parties to the North Atlantic Treaty Regarding the Status of their ForcesPART III – SECURITY3.1 - Security of Information Act3.2 - Defence Controlled Access Area Regulations3.3 - Inspection and Search Defence Regulations3.4 - Government Property Traffic RegulationsPART IV – FINANCIAL4.1 - Charges for Family Housing Regulations4.2 - (REPEALED)4.3 - (REPEALED)4.4 - Retroactive Remuneration Regulations – Canadian ForcesPART V – RETIREMENT BENEFITS5.1 - Canadian Forces Superannuation Act5.2 - Canadian Forces Superannuation Regulations5.3 - Supplementary Retirement Benefits ActPART VI – CANADIAN MILITARY COLLEGES6.1 - Queen's Regulations and Orders for the Canadian Military Colleges (new format)PART VII – MILITARY POLICY7.1 - Military Police Professional Code of Conduct7.2 - Complaints About the Conduct of Members of the Military Police Regulations