QR&O: Volume I – Chapter 1 – Introduction and Definitions

Effective 1 january 2006, the official version of the QR&O is that published in PDF format on this website.

The consolidation of the QR&O is current as of 3 July 2019. The last modifications to the QR&O came into force on 28 June 2019.

The HTML version on this website is provided solely for the convenience of readers. Any discrepancies between the HTML and the official PDF version should be reported to the DSCS, Corporate Secretary.

Amendment List:

  • 1 September 2018 – article amended: 1.02 (definition “pay”)
  • 1 August 2015 – amended article : 1.02
  • 1 August 2015 – replaced article : 1.09
  • 1 August 2015 – repealed article: 1.12
  • 1 August 2015 – replaced article: 1.20
  • 1 August 2015 – replaced article : 1.21
  • 1 August 2015 – repealed article : 1.22
  • 1 August 2015 – added article: 1.22
  • 1 June 2014 – amended article: 1.02
  • 18 October 2013 – amended article: 1.02
  • 19 October 2012 – amended article: 1.02
  • 7 June 2012 – amended article: 1.02
  • 26 March 2009 – amended article: 1.02 (French only)
  • 12 September 2008 – amended article: 1.02
  • 18 July 2008 – amended article: 1.02
  • 1 January 2006 – new article: 1.22

History:

(Refer carefully to article 1.02 (Definitions) when reading every regulation in this chapter.)

1.01 – TITLE

This publication shall be called the Queen's Regulations and Orders for the Canadian Forces and may be cited as QR&O.

(M)

1.02 – DEFINITIONS

In QR&O and in all orders and instructions issued to the Canadian Forces under the National Defence Act, unless the context otherwise requires:

“accounting officer” means an officer who is responsible for the receipt, custody, control and distribution of, and accounting for, public funds; (officier comptable)

“administrative deduction” means an amount chargeable against the pay account of a member to reimburse the Crown or a non-public property organization, in whole or in part, for financial loss for which the member has been found responsible; (déduction administrative)

“aircraft” means flying machines and guided missiles that derive their lift in flight chiefly from aerodynamic forces, and flying devices that are supported chiefly by their buoyancy in air, and includes any aeroplane, balloon, kite balloon, airship, glider or kite; (aéronef)*

“aircraft material” means engines, fittings, armament, ammunition, bombs, missiles, gear, instruments and apparatus, used or intended for use in connection with aircraft or the operation thereof, and components and accessories of aircraft and substances used to provide motive power or lubrication for or in connection with aircraft or the operation thereof; (matériel aéronautique)*

“attachment” means

(a) the assignment of a person for continuous duty or training outside the Canadian Forces where the duty or training is of advantage primarily to the Canadian Forces,

(b) the temporary assignment of a person within the Canadian Forces to a component, subcomponent, formation, base, unit or element, other than that in which that person is ordinarily employed and in which that person continues to fill a position, or

(c) the attachment of a person to the Canadian Forces pursuant to law;

(affectation)

“authorized band” means a band of the Canadian Forces authorized by establishment or by the Chief of the Defence Staff; (musique autorisée)

“base” means a unit designated as such by or under the authority of the Minister, the function of which is to provide such accommodation and support services for assigned units as may be directed by the Chief of the Defence Staff; (base)

“CBI” means the Compensation and Benefits Instructions for the Canadian Forces; (DRAS)

“Canadian Forces” means the armed forces of Her Majesty raised by Canada and consisting of one Service called the Canadian Armed Forces; (Forces canadiennes)

“casualty” means any injury to or illness of an officer or non-commissioned member whether or not it is fatal, and includes the absence of a missing officer or non-commissioned member; (perte)

“civil court” means a court of ordinary criminal jurisdiction in Canada and includes a court of summary jurisdiction; (tribunal civil)*

“civil custody” means the holding under arrest or in confinement of a person by the police or other competent civil authority, and includes confinement in a penitentiary or civil prison; (garde civile)*

“civil prison” means any prison, jail or other place in Canada in which offenders sentenced by a civil court in Canada to imprisonment for less than two years can be confined, and, if sentenced outside Canada, any prison, jail or other place in which a person, sentenced to that term of imprisonment by a civil court having jurisdiction in the place where the sentence was passed, can for the time being be confined; (prison civile)*

“Class “A” Reserve Service” means service prescribed under article 9.06; (service de réserve de classe « A »)

“Class “B” Reserve Service” means service prescribed under article 9.07; (service de réserve de classe « B »)

“Class “C” Reserve Service” means service prescribed under article 9.08; (service de réserve de classe « C »)

“classified material” means all official material which for reasons of policy or security should be specially safeguarded; (matériel classifié)

“clemency measure” means a record suspension or pardon obtained under the Criminal Records Act or a conditional pardon granted under Her Majesty's royal prerogative of mercy or under section 748 of the Criminal Code, that has not been revoked or ceased to have effect; (mesure de clémence)

“Code of Service Discipline” means the provisions of Part III of the National Defence Act; (code de discipline militaire)* (1 September 1999)

“commanding officer” means

(a) except when the Chief of the Defence Staff otherwise directs, an officer in command of a base, unit or element, or

(b) any other officer designated as a commanding officer by or under the authority of the Chief of the Defence Staff;

(commandant)

“constable” includes a high constable, commissioner or other officer of the police; (officier de police)

“court martial” includes a General Court Martial and a Standing Court Martial. (cour martiale)* (18 July 2008)

“Court Martial Appeal Court” means the Court Martial Appeal Court of Canada established by section 234 of the National Defence Act; (Cour d'appel de la cour martiale)*

“DAOD” means the Defence Administrative Orders and Directives published by the Department and the Canadian Forces; (DOAD)

“defence establishment” means any area or structure under the control of the Minister, and the materiel and other things situated in or on any such area or structure; (établissement de défense)*

“Department” means the Department of National Defence; (ministère)*

“Deputy Minister” means the Deputy Minister of National Defence; (sous-ministre)*

“detached duty” means continuous duty performed by an officer or non-commissioned member of any component away from the member's formation, base, unit or element; (service détaché)

“detention barrack” means a place designated as such under subsection 205(1) of the National Defence Act; (caserne disciplinaire)*

“detention room” means a ship or part of a ship, or a building or part of a building, used to accommodate persons being detained; (local disciplinaire)

“emergency” means war, invasion, riot or insurrection, real or apprehended; (état d'urgence)*

“enemy” includes armed mutineers, armed rebels, armed rioters and pirates; (ennemi)*

“enrol” means to cause any person to become a member of the Canadian Forces; (version anglaise seulement)*

“executive officer” means a member who is posted as such; (commandant en second)

“finding of not responsible on account of mental disorder” means a finding made under subsection 202.14(1); (verdict de non-responsabilité pour cause de troubles mentaux)*

“formation” means an element of the Canadian Forces, other than a command, comprising two or more units designated as a formation by or on behalf of the Minister and grouped under a single commander; (formation)

“former Service” means the Royal Canadian Navy, the Canadian Army or the Royal Canadian Air Force; (ancienne arme)

“Grievances Committee” means the Military Grievances External Review Committee continued by subsection 29.16(1) of the National Defence Act; (Comité des griefs)*

“Her Majesty's Canadian Ship” means any vessel of the Canadian Forces commissioned as a vessel of war; (navire canadien de Sa Majesté)*

“Her Majesty's Forces” means the armed forces of Her Majesty, wherever raised, and includes the Canadian Forces; (forces de Sa Majesté)*

“materiel” means all public property, other than real property, immovables and money, provided for the Canadian Forces or for any other purpose under the National Defence Act, and includes any vessel, vehicle, aircraft, animal, missile, arms, ammunition, clothing, stores, provisions or equipment so provided; (matériels)* (1 September 1999)

“mental disorder” means a disease of the mind; (troubles mentaux)*

“message” means any thought or idea expressed briefly, in plain or secret language, prepared in a form suitable for transmission by established means of rapid communication; (message)

“military” shall be construed as relating to all or any part of the Canadian Forces; (militaire)*

“military judge” includes a reserve force military judge; (juge militaire)*

“military police” means the officers and non-commissioned members appointed under regulations made for the purposes of section 156 of the National Defence Act; (police militaire)*

“Minister” means the Minister of National Defence; (ministre)*

“mutiny” means collective insubordination or a combination of two or more persons in the resistance of lawful authority in any of Her Majesty's Forces or in any force cooperating therewith; (mutinerie)*

“next of kin” in respect of an officer or non-commissioned member, means persons designated, in order of preference, as next of kin by the officer or non-commissioned member, on a form that is approved by the Chief of the Defence Staff for that purpose; (plus proche parent)

“non-commissioned member” means any person, other than an officer, who is enrolled in, or who pursuant to law is attached or seconded otherwise than as an officer to, the Canadian Forces; (militaire du rang)*

“non-commissioned officer” means a member holding the rank of sergeant or corporal; (sous-officier)

“non-public property” means

(a) all money and property, other than issues of materiel, received for or administered by or through messes, institutes or canteens of the Canadian Forces,

(b) all money and property contributed to or by officers, non-commissioned members, units or other elements of the Canadian Forces for the collective benefit and welfare of those officers, non-commissioned members, units or other elements,

(c) by-products and refuse and the proceeds of the sale thereof to the extent prescribed under subsection 39(2) of the National Defence Act, and

(d) all money and property derived from, purchased out of the proceeds of the sale of, or received in exchange for, money and property described in subparagraphs (a) to (c);

(biens non publics)*

“officer” means

(a) a person who holds Her Majesty's commission in the Canadian Forces,

(b) a person who holds the rank of officer cadet in the Canadian Forces, and

(c) any person who pursuant to law is attached or seconded as an officer to the Canadian Forces;

(officier)*

“pay” means, in respect of an officer or non-commissioned member, the entitlement to pay under chapter 204 (Pay of Military Judges) and chapter 204 (Pay of Officers and Non-commissioned Members) of the CBI; (solde)

“penitentiary”

(a) means a penitentiary established under Part I of the Corrections and Conditional Release Act (Statutes of Canada, 1992, Chapter 20),

(b) includes, in respect of any punishment of imprisonment for life or for two years or more imposed outside Canada pursuant to the Code of Service Discipline, any prison or place in which a person sentenced to imprisonment for life or for two years or more by a civil court having jurisdiction in the place where the sentence is imposed can for the time being be confined, and

(c) means, in any place outside Canada where there is no prison or place for the confinement of persons sentenced to imprisonment for life or for two years or more, a civil prison;

(pénitencier)* (1 September 1999)

“personal equipment” means all material issued to an officer or non-commissioned member for the personal wear or other personal use of the officer or non-commissioned member; (équipement personnel)*

“possession” by any person, for the purposes of the Code of Service Discipline and Part VII, includes

(a) having in his personal possession,

(b) knowingly having in the actual possession or custody of another person, or

(c) knowingly having in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person;

(possession)* (1 September 1999)

“primary next of kin” means the surviving next of kin who is the highest in preference on the form referred to in the definition “next of kin”; (premier plus proche parent)

“Provost Marshal” means the Canadian Forces Provost Marshal; (grand prévôt)*

“public funds” means all money of Her Majesty in right of Canada; (fonds publics)

“public property” means all money and property of Her Majesty in right of Canada; (biens publics)*

“reclassification” means a change within the classifications of private; (reclassement)

“reduction” means compulsory demotion from a substantive or temporary rank to a lower rank by reason of or consequent upon a sentence imposed by a service tribunal; (rétrogradation)

“referral authority” means an officer referred to in article 109.02 (Referral Authority); (autorité de renvoi) (1 September 1999)

“regular force” means the component of the Canadian Forces that is referred to in subsection 15(1) of the National Defence Act; (force régulière)*

“regulations” means regulations made under the National Defence Act; (règlements)

“release” means the termination of the service of an officer or non-commissioned member in any manner; (libération)*

“remuster” means the change of a non-commissioned member from one trade to another; (changement de spécialité)

“reserve force” means the component of the Canadian Forces that is referred to in subsection 15(3) of the National Defence Act; (force de réserve)*

“reversion” means the return to lower rank other than by reduction; (retour à un grade inférieur)

“scale of punishments” means the scale of punishments as set out in subsection 139(1) of the National Defence Act; (échelle des peines)*

“secondment” means the assignment of an officer or non-commissioned member for continuous duty outside the Canadian Forces when the duty is not of advantage primarily to the Canadian Forces; (détachement)

“service convict” means a person who is under a sentence that includes a punishment of imprisonment for life or for two years or more imposed on that person pursuant to the Code of Service Discipline; (condamné militaire)* (1 September 1999)

“service custody” means the holding under arrest or in confinement of a person by the Canadian Forces, and includes confinement in a service prison or detention barrack; (garde militaire)*

“service detainee” means a person who is under a sentence that includes a punishment of detention imposed on that person pursuant to the Code of Service Discipline; (détenu militaire)*

“service offence” means an offence under the National Defence Act, the Criminal Code or any other Act of Parliament, committed by a person while subject to the Code of Service Discipline; (infraction d'ordre militaire)*

“service prison” means a place designated as such under subsection 205(1) of the National Defence Act; (prison militaire)*

“service prisoner” means a person who is under a sentence that includes a punishment of imprisonment for less than two years imposed on that person pursuant to the Code of Service Discipline; (prisonnier militaire)*

“service tribunal” means a court martial or a person presiding at a summary trial; (tribunal militaire)*

“ship” means a unit that is a vessel of the Canadian Forces commissioned or ordered to be commissioned; (navire)

“special force” means such component of the Canadian Forces as may be established pursuant to subsection 16(1) of the National Defence Act; (force spéciale)*

“summary trial” means a trial conducted by or under the authority of a commanding officer pursuant to section 163 of the National Defence Act and a trial by a superior commander pursuant to section 164 of the National Defence Act; (procès sommaire)*

“superior officer” means any officer or non-commissioned member who, in relation to any other officer or non-commissioned member, is by the National Defence Act, or by regulations or custom of the service, authorized to give a lawful command to that other officer or non-commissioned member; (supérieur)*

“unfit to stand trial” means unable on account of mental disorder to conduct a defence at any stage of a trial by court martial before a finding is made or to instruct counsel to do so, and in particular, unable on account of mental disorder to

(a) understand the nature or object of the proceedings,

(b) understand the possible consequences of the proceedings, or

(c) communicate with counsel;

(inaptitude à subir son procès)

“unit” means an individual body of the Canadian Forces that is organized as such pursuant to section 17 of the National Defence Act, with the personnel and material thereof; (unité)*

“vessel” means any description of craft, however propelled, used or designed to be used in navigation; (vaisseau)

“works and buildings” means the land and physical installations of a defence establishment, including buildings, runways, roads, water and power installations and other related fixed installations and structures. (ouvrages et bâtiments)

* Indicates definition drawn from the National Defence Act.

(G) [P.C. 2001-1508 effective 1 September 2001 – “CBI” and “pay”; P.C. 2008-1507 effective 12 September 2008 – “finding of not responsible on account of mental disorder” and “Provost Marshall”; P.C. 2012-0767 effective 7 June 2012 – “next of kin” and “primary next of kin”; P.C. 2012-1109 effective 19 October 2012 – “clemency measure”; P.C. 2013-1068 effective 18 October 2013 – “military judge”, “Grievances Committee” and the repeal of “Grievance Board”; P.C. 2014-0575 effective 1 June 2014 – “Provost Marshal” and “military police”; P.C. 2015-0760 effective 1 August 2015 – “DAOD”; P.C. 2018-433 effective 1 September 2018 – “Pay”]


1.03 – PERSONS SUBJECT TO QR&O

(1) Unless the context otherwise requires, and subject to article 1.24 (Regulations and Orders – General), QR&O and all orders and instructions issued to the Canadian Forces under authority of the National Defence Act, apply to:

(a) the Regular Force;

(b) the Special Force;

(c) the Reserve Force when subject to the Code of Service Discipline; and

(d) unless the Minister otherwise directs, any person not mentioned in subparagraphs (a), (b) and (c) if the person is subject to the Code of Service Discipline.

(2) An officer or non-commissioned member who becomes a prisoner of war continues to be subject to QR&O and all orders and instructions issued to the Canadian Forces under authority of the National Defence Act.

(G)

1.04 – WORDS AND PHRASES - HOW CONSTRUED

Words and phrases shall be construed according to the common approved meaning given in the Concise Oxford Dictionary if in English, or in Le Petit Robert if in French, except that:

(a) technical words and phrases, and words that have acquired a special meaning within the Canadian Forces, shall be construed according to their special meaning; and

(b) words and phrases that are defined within QR&O or within the Interpretation Act or the National Defence Act shall be construed according to that definition.

(M)

1.05 – SINGULAR AND PLURAL WORDS

In QR&O, unless the contrary intention appears, words in the singular include the plural, and words in the plural include the singular.

(M)

1.06 – “MAY”, “SHALL” AND “SHOULD”

In QR&O

(a) may” shall be construed as being permissive and “shall” as being imperative; and

(b) should” shall be construed as being informative only.

(M)

1.065 – “PRACTICABLE” AND “PRACTICAL”

In QR&O

(a) “practicable” shall be construed as “physically possible”; and

(b) “practical” shall be construed as “reasonable in the circumstances”.

(M)

1.07 – MASCULINE – FEMININE

In regulations and orders contained in QR&O, unless the context otherwise requires or the authority otherwise making a regulation or order otherwise directs in respect of that regulation or order, words importing male persons include female persons, and words importing female persons include male persons.

(M)

[1.074: repealed by P.C. 2001-1508 effective 1 September 2001]

1.075 – COMMON-LAW PARTNER AND COMMON-LAW PARTNERSHIP

(1) This article applies to all regulations, orders and instructions issued to the Canadian Forces under the National Defence Act.

(2) The definitions in this paragraph apply in this article.

“common-law partner”, in relation to an officer or non-commissioned member, means a person who has been cohabiting with the member in a conjugal relationship

(a) for a period of at least one year; or

(b) for a period of less than one year, if the member and the person have jointly assumed the support of a child.

(conjoint de fait)

“common-law partnership” means the relationship between an officer or non-commissioned member and the common-law partner of that member. (union de fait)

(3) In the definition “common-law partner”, child means a child or legal ward of the common-law partner or the member or both, or an individual adopted legally or in fact by the common-law partner or the member or both.

(4) For greater certainty, a common-law partnership does not end solely because the officer or non-commissioned member and the common-law partner are living separately for military reasons.

(5) When an officer or non-commissioned member has a spouse from whom the member is separated and a common-law partner, a reference to a “spouse or common-law partner” in respect of that member means the common-law partner.

(G) [P.C. 2001-1508 effective 1 September 2001]

1.08 – CALCULATION OF TIME

(1) Except where QR&O expressly provides otherwise, when any provision of QR&O, or any other regulation, order or instruction issued to the Canadian Forces, or any warrant issued thereunder:

(a) is expressed to take effect on a particular day, it is effective at the first moment of that day; or

(b) states that a period of time is to commence on a particular day, that period commences at the first moment of that day.

(2) Except as may be provided in orders issued by the Chief of the Defence Staff, the first moment of a day shall be expressed as 0000 hours, and the last moment of a day shall be expressed as 2400 hours.

(M)

1.09 – TABLE OF CONTENTS, APPENDICES AND REFERENCES

(1) The table of contents and all italicized references within parentheses to appendices, statutes, other regulations, other articles of QR&O, DAOD or other orders or instructions do not form part of QR&O and may be altered under the authority of the Chief of the Defence Staff.

(2) There may be included in appendices to QR&O any material that the Chief of the Defence Staff directs from time to time.

(G) [P.C. 2015-0760 effective 1 August 2015]

1.095 – EFFECT OF NOTES

The notes appended to articles in QR&O

(a) are for guidance of members; and

(b) shall not be construed as if they had the force and effect of law but should not be deviated from without good reason.

(M)

NOTE

The notes are based upon decisions of courts, principles stated in legal text books and opinions of military legal authorities.

(C)

1.10 – COMMUNICATION WITH HIGHER AUTHORITY

Unless the context otherwise requires, when in QR&O or in any orders amplifying or implementing it, a communication of any kind, or a report or return, is required or permitted to be made to a higher authority, it shall be made through such channels of communication as the Chief of the Defence Staff may prescribe.

(M)

1.11 – FORMS

(1) The forms authorized under the National Defence Act for use in the Canadian Forces should be followed in all cases in which they are applicable, and, when used, are valid in law; but a deviation from any form does not, by reason only of that deviation, invalidate any charge, warrant, order, proceedings or other document.

(2) An omission of any form authorized under the National Defence Act for use in the Canadian Forces does not, by reason only of the omission, invalidate any act or thing.

(G)

(C) [1.12: repealed on 1 August 2015]

1.13 – EXERCISE OF POWERS

(1) Section 49 of the National Defence Act provides:

"49. Any power or jurisdiction given to, and any act or thing to be done by, to or before any officer or non-commissioned member may be exercised by, or done by, to or before any other officer or non-commissioned member for the time being authorized in that behalf by regulations or according to the custom of the service."

(2) Where any power or jurisdiction is given to, or any act or thing is required to be done by, to or before the Chief of the Defence Staff, the Chief of the Defence Staff may, on such terms and conditions as he deems necessary, assign that power or jurisdiction to, or authorize that act or thing to be done by, to or before an officer not below the rank of major-general holding one of the following appointments at National Defence Headquarters:

(a) Assistant Deputy Minister (Policy);

(b) Associate Assistant Deputy Minister (Policy);

(c) Assistant Deputy Minister (Personnel);

(d) Associate Assistant Deputy Minister (Personnel);

(e) Assistant Deputy Minister (Finance);

(f) Associate Assistant Deputy Minister (Finance);

(g) Assistant Deputy Minister (Materiel);

(h) Associate Assistant Deputy Minister (Materiel);

and, subject to any terms and conditions prescribed by the Chief of the Defence Staff, that power or jurisdiction may be exercised by, or that act or thing may be done by, to or before that officer.

(3) An officer not below the rank of colonel serving outside Canada may, with the approval of the Minister, exercise any power or jurisdiction that by QR&O is vested in, and any act or thing that by QR&O is required to be done or may be done by, the Chief of the Defence Staff.

(4) Where by QR&O any power or jurisdiction is given to, and any act or thing is to be done by, to or before an officer commanding a command or formation, that power or jurisdiction may be exercised by, and that act or thing may be done by, to or before:

(a) the officer holding the senior military appointment in each group at National Defence Headquarters when acting within the scope of

(i) any matters assigned or authorized under paragraph (2), or

(ii) any duty assigned to him by the Chief of the Defence Staff; and

(b) any officer designated for that purpose by the Minister, subject to such limitations as the Minister may impose.

(G)

NOTE

Paragraph (1) of article 1.13 provides authority for persons to act on behalf of their superiors when special authority exists in QR&O or when it is the custom or practice of the service for them to do so. This authority is of particular interest to staff officers acting on behalf of commanders.

(C)

1.14 – EXERCISE OF POWERS CONFERRED ON THE CHIEF OF THE DEFENCE STAFF BY GOVERNOR IN COUNCIL

Where in regulations made by the Governor in Council, other than in Chapters 3, 7, 23 or 101 to 199 of QR&O, any power or jurisdiction is given to, or any act or thing is to be done by, to or before the Chief of the Defence Staff, that power or jurisdiction or that act or thing may be exercised or done on behalf of the Chief of the Defence Staff by an Assistant Deputy Minister of National Defence when he is authorized to do so, either generally or specifically, by the Chief of the Defence Staff.

(G) [P.C. 2000-863 effective 15 June 2000]

1.15 – EXERCISE OF POWERS CONFERRED ON THE CHIEF OF THE DEFENCE STAFF BY TREASURY BOARD

Wherever in regulations made by the Treasury Board any power or jurisdiction is given to, or any act or thing is to be done by, to or before the Chief of the Defence Staff, that power or jurisdiction or that act or thing may be exercised or done on behalf of the Chief of the Defence Staff by an Assistant Deputy Minister of National Defence when he is authorized to do so, either generally or specifically, by the Chief of the Defence Staff.

(T) [T.B. 715940 effective 15 March 1973]


1.16 – EXERCISE OF POWERS CONFERRED ON THE CHIEF OF THE DEFENCE STAFF BY THE MINISTER

Where in regulations made by the Minister, other than in Chapters 3, 4 or 23 of QR&O, any power or jurisdiction is given to, or any act or thing is to be done by, to or before the Chief of the Defence Staff, that power or jurisdiction or that act or thing may be exercised or done on behalf of the Chief of the Defence Staff by an Assistant Deputy Minister of National Defence when authorized to do so, either generally or specifically, by the Chief of the Defence Staff.

(M)

[1.17 to 1.19: not allocated]

1.20 – NOTIFICATION OF REGULATIONS, ORDERS AND INSTRUCTIONS

Section 51 of the National Defence Act provides:

“51. (1) All regulations and all orders and instructions issued to the Canadian Forces shall be held to be sufficiently notified to any person whom they may concern by their publication, in the manner prescribed in regulations made by the Governor in Council, in the unit or other element in which that person is serving.

(2) All regulations and all orders and instructions relating to or in any way affecting an officer or non-commissioned member of the reserve force who is not serving with a unit or other element shall, when sent to the officer or non-commissioned member by registered mail, addressed to the latest known place of abode or business of the officer or non-commissioned member, be held to be sufficiently notified.

(3) Notwithstanding subsections (1) and (2), all regulations and all orders and instructions referred to in those subsections shall be held to be sufficiently notified to any person whom they may concern by their publication in the Canada Gazette.”

(C) [1 August 2015]

1.21 – PUBLICATION OF REGULATIONS, ORDERS AND INSTRUCTIONS

(1) The following definitions apply in this article.

“defence website” means a website of the Department or the Canadian Forces or a site on an internal electronic network of the Department or the Canadian Forces. (site Web de la défense)

“government website” means a website of the Government of Canada or a site on an internal electronic network of the Government of Canada, other than a defence website. (site Web du gouvernement)

“PDF” means portable document format. (format PDF)

(2) For the purposes of subsection 51(1) of the National Defence Act, QR&O, other regulations made under section 12 of that Act, DAOD and other orders and instructions issued to the Canadian Forces, or any part of them, shall be held to be sufficiently notified to any person to whom they concern if

(a) they are published

(i) electronically, under the authority or with the consent of the Chief of the Defence Staff, on a defence website or a government website, or

(ii) in the case of orders and instructions that are not published on a defence website or a government website, in paper form or in electronic format; and

(b) subject to subsection 51(2) of that Act, they are made reasonably accessible to the person and are drawn to the person’s attention by the commanding officer of the base, unit or other element at which the person is serving. (See articles 1.22 – Accessibility of Regulations, Orders and Instructions and 4.26 – Publicity of Regulations, Orders, Instructions, Correspondence and Publications.)

(3) QR&O and other regulations made under section 12 of that Act shall be published in PDF.

(G) [P.C. 2015-0760 effective 1 August 2015]

1.22 – ACCESSIBILITY OF REGULATIONS, ORDERS AND INSTRUCTIONS

(1) In this article, “defence website” and “government website” have the same meanings as in paragraph (1) of article 1.21 (Publication of Regulations, Ordersand Instructions).

(2) A commanding officer shall take any measures that may seem practical to ensure that the following are reasonably accessible to officers and non-commissioned members who are serving at the base, unit or other element under his or her command:

(a) any defence website or government website referred to in sub-subparagraph 1.21(2)(a)(i) that provides for the electronic publication of the following instruments concerning those officers and non-commissioned members:

(i) QR&O and other regulations made under section 12 of the National Defence Act, and

(ii) DAOD and other orders or instructions; and

(b) any orders or instructions concerning those officers and non-commissioned members that are not published on a defence website or a government website but are published in paper form or electronic format.

(3) If the commanding officer is not able to ensure that a website referred to in subparagraph (2)(a) is reasonably accessible to those officers and non-commissioned members, the commanding officer shall ensure that a paper or electronic copy of the instruments referred to in that subparagraph, identical in content to the version published under sub-subparagraph 1.21(2)(a)(i), is made available to them.

(G) [1.22 : repealed by P.C. 2015-0760 effective 1 August 2015]

(C) [1 August 2015]

NOTE

If reasonable access to a defence website or government website that provides for the publication of regulations, orders and instructions is provided at a base, unit or other element, the commanding officer should not publish those regulations, orders and instructions in paper form or in electronic format such as on an information storage device or a shared drive.

(C) [1 January 2006; 1 August 2015]

1.23 – AUTHORITY OF THE CHIEF OF THE DEFENCE STAFF TO ISSUE ORDERS AND INSTRUCTIONS

(1) Subject to paragraph (2), the Chief of the Defence Staff may 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:

(a) in the discharge of his duties under the National Defence Act; or

(b) in explanation or implementation of regulations.

(2) No order or instruction involving the accounting for public funds shall be issued under paragraph (1) unless the concurrence of the Treasury Board is first obtained.

(G)

1.235 – AUTHORITY OF OTHER PERSONS TO ISSUE ORDERS AND INSTRUCTIONS

Notwithstanding paragraph (1) of article 1.23 (Authority of the Chief of the Defence Staff to Issue Orders and Instructions) and subject to paragraph (2) of article 1.23, a person to whom:

(a) matters have been assigned by the Chief of the Defence Staff with the concurrence of the Minister,

(b) matters have been assigned or authority has been given under paragraph (2) of article 1.13 (Exercise of Powers), or

(c) duties have been assigned by the Chief of the Defence Staff,

may issue orders and instructions to the Canadian Forces that are required to give effect to the decisions and carry out the directions of the Government of Canada or the Minister.

(G)

1.24 – REGULATIONS AND ORDERS – GENERAL

(1) The effective date of a regulation or order imposing an obligation or duty cannot be retroactive.

(2) In QR&O,

(a) immediately following every regulation

(i) made by the Governor in Council, there shall be printed in parentheses the letter “G”,

(ii) made by the Treasury Board, there shall be printed in parentheses the letter “T”,

(iii) made by the Minister, there shall be printed in parentheses the letter “M”; and

(b) immediately following every order made by the Chief of the Defence Staff, there shall be printed in parentheses the letter “C”.

(G)

1.25 – BOOKS AND OTHER PUBLICATIONS FOR SERVICE USE

No officer or non-commissioned member shall make use of any book or other publication as an official book or publication unless its use has been authorized by:

(a) the National Defence Act;

(b) QR&O;

(c) the Chief of the Defence Staff; or

(d) an officer commanding a command in matters falling within the scope of his duties.

(C)

[1.26 to 1.99: not allocated]

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