QR&O: Volume I - Chapter 36 Materiel and Provision of Services

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Amendment List:

History:

Section 1 - General

36.01 - MATERIEL

(1) Subject to any direction by the Minister, the materiel supplied to or used by the Canadian Forces shall be of the type, pattern and design and issued on the scales and in the manner prescribed by the Chief of the Defence Staff.

(2) Notwithstanding paragraph (1) but subject to any limitations prescribed by the Chief of the Defence Staff,

1. an officer commanding a command;
2. the commanding officer of a unit designated by the Chief of the Defence Staff; or
3. subject to any direction given or limitation made by the appropriate officer commanding a command, the commander of a base or the commanding officer of a station;

may approve an entitlement to materiel that is directly related to the function of his command, unit, base or station and that does not result in the incorporation of new entitlements within permanent Scales or Issue or Equipment Tables.

(M)

36.02 - DISPOSAL OF MATERIEL

No member shall, except in accordance with QR&O or orders issued by the Chief of the Defence Staff:

1. barter, sell or otherwise dispose of materiel; or
2. be allowed to purcbase materiel.

(M)

36.025 - MAINTENANCE OF MATERIEL

Subject to any direction by the Minister, materiel shall be maintained in the manner prescribed by the Chief of the Defence Staff.

(M)

36.03 - ACCOUNTING FOR MATERIEL

Subject to any direction by the Minister, all materiel shall be accounted for in the manner prescribed by the Chief of the Defence Staff.

(M)

36.04 - TITLE TO CLOTHING

A member may acquire title to items of clothing on such terms and conditions as the Minister may prescribe.

(G)

36.05 - USE OF MATERIEL FOR PRIVATE PURPOSES

Except with the permission of the Minister, no materiel may be issued to or used by a member for purposes unrelated to the performance of military duty, recreational activities or his status as a member of the Canadian Forces.

(M) (6 December 1995)

36.06 - AUTHORITY REQUIRED TO BIND THE CROWN BY CONTRACT

No officer or non-commissioned member shall execute or otherwise enter into any contract or agreement, written or oral, that binds or purports to bind the Crown in right of Canada, the Department or the Canadian Forces or any element thereof or that has the effect of committing or purporting to commit funds from the appropriations for the Department or create an obligation, express or implied, thereon unless authorized to do so by:

1. an act of Parliament;
2. an order of the Governor in Council or Treasury Board;
3. the express authority of a minister, given either directly or through the deputy minister, to act on his behalf; or
4. by these regulations or orders issued by the Chief of the Defence Staff.

(M)

(36.07 TO 36.09 INCLUSIVE: NOT ALLOCATED)

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Section 2 - Loss of or Damage to Materiel

36.10 - REPORTING A LOSS OR DAMAGE

Any officer or non-commissioned member who discovers the loss of or damage to materiel shall immediately report the circumstances to the commanding officer.

(C)

36.11 - ACTION BY THE COMMANDING OFFICER TO WHOM LOSS OR DAMAGE IS REPORTED

(1) The commanding officer to whom loss of or damage to materiel is reported shall:

1. take action as prescribed in article 21.71 (Loss of or Damage to Public Property Other Than Public Funds) or 21.73 (Investigation into Loss, Overage or Damage Due to a Criminal Offence);
2. where weapons, ammunition or other explosives are lost, report the circumstances immediately to the officer commanding the command or formation concerned and the police or other appropriate civil authorities; and
3. where loss or theft is discovered of a controlled substance as defined in the Controlled Drugs and Substances Act (Statutes of Canada, 1996, Chapter 19), report the circumstances within ten days of discovery to the officer commanding the command or formation concerned and the Director General Health Services. (1 September 1999)

(2) The authorities to whom a report of the loss of materiel has been made under paragraph (1) shall be notified of any subsequent recovery of the lost materiel.

(C) (1 September 1999)

36.12 - DETERIORATION OF MATERIEL

(1) Where abnormal deterioration of materiel is discovered or suspected, the commanding officer shall immediately arrange for inspection of the deteriorated materiel by a qualified officer.

(2) Where the abnormal deterioration is confirmed by inspection, the commanding officer shall:

1. take action as prescribed in article 21.71 (Loss of or Damage to Public Property Other Than Public Funds); and
2. report immediately to the officer commanding the command or formation concerned if ammunition or explosives are affected.

(C)

36.13 - DEFICIENCIES IDENTIFIED DURING INVENTORY CHECKS OR STOCKTAKING

Deficiencies of materiel identified during inventory checks or stocktaking shall be the subject of adjustments made in the manner prescribed by the Chief of the Defence Staff in the appropriate materiel records.

(M)

36.14 - REFUND ON RECOVERY OF LOST OR DAMAGED MATERIEL

The Chief of the Defence Staff may authorize a refund of any amount previously recovered from a member for materiel lost or damaged where the materiel is subsequently:

1. located; or
2. completely repaired at the expense of the member concerned.

(M)

(36.15 TO 36.19 INCLUSIVE: NOT ALLOCATED)

(36.20 REPEALED BY MND 26 FEBRUARY 2003)

(36.21 REPEALED BY CDS 26 FEBRUARY 2003)

(36.22 REPEALED BY MND 26 FEBRUARY 2003)

(36.23 TO 36.28 INCLUSIVE: NOT ALLOCATED)

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Section 3 - Explosives

36.29 - ISSUE AND POSSESSION OF AMMUNITION AND EXPLOSIVES

(1) No ammunition or explosives that are public property shall be issued to or in the possession of an officer or non-commissioned member without the authority of his commanding officer.

(2) The member in charge of a guard, picket, escort or other persons who require ammunition or explosives in the performance of a specific duty shall:

1. be responsable for the issue, use and care of any ammunition or explosives drawn; and
2. on completion of the duty for which the ammunition or explosive is required, verify any unexpended balance and ensure that the unexpended balance is returned to the explosives store.

(C)

(36.30 TO 36.34 INCLUSIVE: NOT ALLOCATED)

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Section 4 - Rations

36.35 - ENTITLEMENT TO RATIONS

(1) Except as prescribed in paragraph (2), the commanding officer of a base, unit or element is entitled to draw a daily ration to the approved scale for:

1. each officer or non-commissioned member on the strength of the base, unit or element who
   1. is subject to deductions from pay and allowances as prescribed in paragraph (1) of article 208.505 (Deductions for Provision of Rations), or
   2. is not subject to deductions from pay and allowances under paragraph (2) of article 208.505;
2. each member of the Canadian Forces on temporary duty or attached duty at the base, unit or element for the period of that duty;
3. each patient in a hospital of the base, unit or element;
4. each cadet, to whom the Queens Regulations and Orders for the Canadian Cadet Organizations apply when attending a summer camp at the base, unit or element or on other occasions prescribed by the Minister;
5. each civilian employee of the Department on the strength of a base, unit or element whose terms of engagement provide entitlement to prepared rations without financial recovery;
6. each person authorized to be provided with prepared rations on financial recovery;
7. each person held in custody in the unit detention room for whom a daily ration is not otherwise drawn; (1 September 1999)
8. each person engaged in operations, required for duty during a continuous state of readiness or taking part in a training, field or operational exercise authorized by the officer commanding the command, during which it is not feasible or desirable to return to mess halls or to other normal places of messing; and
9. any other person designated by the Chief of the Defence Staff.

(2) No daily ration shall be drawn under paragraph (1) for any person who is absent from the base, unit or element for a period of 48 hours or more for any reason except detached duty when continuing to draw unit rations.

(M) (1 September 1999)

(36.36 TO 36.39 INCLUSIVE: NOT ALLOCATED)

(36.40: REPEALED 29 AUGUST 1997)

(36.41 TO 36.99 INCLUSIVE: NOT ALLOCATED)