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
}
The Canadian Armed Forces (CAF; french: Forces armées canadiennes, ''FAC'') are the unified military forces of Canada, including sea, land, and air elements referred to as the Royal Canadian Navy, Canadian Army, and Royal Canadian Air Forc ...
. They are regarded as the primary document of military law and regulations in Canada – aside from the
National Defence Act.
The titling of these regulations currently remains unchanged after the
Death of Queen Elizabeth II
On 8 September 2022, at 15:10 BST, Elizabeth II, Queen of the United Kingdom and the other Commonwealth realms, and the longest-reigning British monarch, died of old age at Balmoral Castle in Scotland, at the age of 96. The Queen's death wa ...
.
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
Advice (noun) or advise (verb) may refer to:
* Advice (opinion), an opinion or recommendation offered as a guide to action, conduct
* Advice (constitutional law) a frequently binding instruction issued to a constitutional office-holder
* Advice (p ...
of
Cabinet
Cabinet or The Cabinet may refer to:
Furniture
* Cabinetry, a box-shaped piece of furniture with doors and/or drawers
* Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets
* Filing ...
) and the
Minister of National Defence with the power to make ''regulations'' for the "organization, training, discipline, efficiency, administration, and government of the Forces", so long as such regulations are not inconsistent with the NDA, common-law principles of
natural justice
In English law, natural justice is technical terminology for the rule against bias (''nemo iudex in causa sua'') and the right to a fair hearing ('' audi alteram partem''). While the term ''natural justice'' is often retained as a general c ...
, the
Canadian Bill of Rights or the
Canadian Charter of Rights and Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part o ...
; it also permits the
Treasury Board
The Treasury Board of Canada (french: Conseil du Trésor du Canada) is the Cabinet committee of the Privy Council of Canada which oversees the spending and operation of the Government of Canada and is the principal employer of the core public se ...
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.
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
: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 The Code of Service Discipline (CSD) is the basis of the Canadian Forces military justice system. The CSD is designed to assist military commanders in maintaining discipline, efficiency, and morale within the Canadian Forces (CF). It is found in Pa ...
and is the authoritative manual for
military law
Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct bodie ...
in Canada. It contains the regulations governing the commission of
service offences (ranging from
treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
to
negligent discharge
An unintentional discharge is the event of a firearm discharging (firing) at a time not intended by the user. An unintended discharge may be produced by an incompatibility between firearm design and usage, such as the phenomenon of cooking off a ...
s) and the prosecution and punishment thereof, from
summary trials to the various kinds of
court-martial
A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of memb ...
. 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 Grants
Volume IV – Appendices
Volume IV contains supplementary rules and regulations. It also contains the texts of the NDA, the
Security of Information Act
The ''Security of Information Act'' (R.S.C. 1985, c. O-5), formerly known as the ''Official Secrets Act'', is an Act of the Parliament of Canada that addresses national security concerns, including threats of espionage by foreign powers and terr ...
, 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 – Queens'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
*
Canadian Armed Forces
}
The Canadian Armed Forces (CAF; french: Forces armées canadiennes, ''FAC'') are the unified military forces of Canada, including sea, land, and air elements referred to as the Royal Canadian Navy, Canadian Army, and Royal Canadian Air Force.
...
*
Canadian Forces Administrative Orders Canadian Forces Administrative Orders (CFAOs) are issued to
supplement and amplify the Queen's Regulations and Orders (QR&O)...heycontain administrative policy, procedures and information of continuing effect. CFAO 1-1'
They are contained in a d ...
*
Code of Service Discipline The Code of Service Discipline (CSD) is the basis of the Canadian Forces military justice system. The CSD is designed to assist military commanders in maintaining discipline, efficiency, and morale within the Canadian Forces (CF). It is found in Pa ...
*
National Defence Act
*
Order in Council
An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council ('' Ki ...
*
King's Regulations
The ''King's Regulations'' (first published in 1731 and known as the ''Queen's Regulations'' when the monarch is female) is a collection of orders and regulations in force in the Royal Navy, British Army, Royal Air Force, and Commonwealth Realm ...
Footnotes
Further reading
* Chris Madsen, ''Military Law and Operations''. Loose-leaf publication updated 1–2 times per year. Aurora, Ontario: Canada Law Book, 2008
References
External links
Queen's Regulations and Orders for the Canadian ForcesNational Defence Act
{{DEFAULTSORT:Queen's Regulations And Orders For The Canadian Forces
Canadian military law
Monarchy in Canada
Military justice