ARCHIVED - QR&O: Volume I - Chapter 1 - Introduction and Definitions (Historical Version: 18 October 2013 to 31 May 2014)

Amendment List:

• 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:

• ARCHIVED - Historical version for the period 19 October 2012 to 17 October 2013.
• ARCHIVED - Historical version for the period 7 June 2012 to 18 October 2012.
• ARCHIVED - Historical version for the period 26 March 2009 to 6 June 2012.
• ARCHIVED - Historical version for the period 12 September 2008 to 25 March 2009.
• ARCHIVED - Historical version for the period 18 July 2008 to 11 September 2008.
• ARCHIVED - Historical version for the period 1 January 2006 to 17 July 2008.
• ARCHIVED - Historical version for the period 10 July 2004 to 31 December 2005

The Volume I Chapter 1: Introduction and Definitions replaces this content.

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" (officier comptable)

means an officer who is responsible for the receipt, custody, control and distribution of, and accounting for, public funds;

"administrative deduction" (déduction administrative)

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;

"aircraft" (aéronef)

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; *

"aircraft material" (matériel aéronautique)

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; *

"attachment" (affectation)

means

1. 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,
2. 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
3. the attachment of a person to the Canadian Forces pursuant to law;

"authorized band" (musique autorisée)

means a band of the Canadian Forces authorized by establishment or by the Chief of the Defence Staff;

"base" (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;

"CBI" (DRAS)

means the Compensation and Benefits Instructions for the Canadian Forces; (1 September 2001)

"Canadian Forces" (Forces canadiennes)

means the armed forces of Her Majesty raised by Canada and consisting of one Service called the Canadian Armed Forces;

"casualty" (perte)

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;

"civil court" (tribunal civil)

means a court of ordinary criminal jurisdiction in Canada and includes a court of summary jurisdiction; *

"civil custody" (garde civile)

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; *

"civil prison" (prison civile)

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; *

"Class "A" Reserve Service" (service de réserve de classe «A»)

means service prescribed under article 9.06;

"Class "B" Reserve Service" (service de réserve de classe «B»)

means service prescribed under article 9.07;

"Class "C" Reserve Service" (service de réserve de classe «C»)

means service prescribed under article 9.08;

"classified material" (matériel classifié)

means all official material which for reasons of policy or security should be specially safeguarded;

"clemency measure" (mesure de clémence)

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;

"Code of Service Discipline" (code de discipline militaire )

means the provisions of Part III of the National Defence Act; * (1 September 1999)

"commanding officer" (commandant)

means

1. except when the Chief of the Defence Staff otherwise directs, an officer in command of a base, unit or element, or
2. any other officer designated as a commanding officer by or under the authority of the Chief of the Defence Staff;

"constable" (officier de police)

includes a high constable, commissioner or other officer of the police;

"court martial" (cour martiale )

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

"Court Martial Appeal Court" (Cour d'appel de la cour martiale)

means the Court Martial Appeal Court of Canada established by section 234 of the National Defence Act; *

"defence establishment" (établissement de défense)

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; *

"Department" (ministère)

means the Department of National Defence; *

"Deputy Minister" (sous-ministre)

means the Deputy Minister of National Defence; *

"detached duty" (service détaché)

means continuous duty performed by an officer or non-commissioned member of any component away from the member's formation, base, unit or element;

"detention barrack" (caserne disciplinaire)

means a place designated as such under subsection 205(1) of the National Defence Act; *

"detention room" (local disciplinaire)

means a ship or part of a ship, or a building or part of a building, used to accommodate persons being detained;

"emergency" (état d'urgence)

means war, invasion, riot or insurrection, real or apprehended; *

"enemy" (ennemi)

includes armed mutineers, armed rebels, armed rioters and pirates; *

"enrol" (version anglaise seulement)

means to cause any person to become a member of the Canadian Forces;

"executive officer" (commandant en second)

means a member who is posted as such;

"finding of not responsible on account of mental disorder" (verdict de non-responsabilité pour cause de troubles mentaux)

means a finding made under subsection 202.14(1);*

"formation" (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;

"former Service" (ancienne arme)

means the Royal Canadian Navy, the Canadian Army or the Royal Canadian Air Force;

"Grievance Committee" (Comité des griefs)

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

"Her Majesty's Canadian Ship" (navire canadien de Sa Majesté)

means any vessel of the Canadian Forces commissioned as a vessel of war; *

"Her Majesty's Forces" (forces de Sa Majesté)

means the armed forces of Her Majesty, wherever raised, and includes the Canadian Forces; *

"materiel" (matériels)

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; * (1 September 1999)

"mental disorder" (troubles mentaux)

means a disease of the mind; *

"message" (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;

"military" (militaire)

shall be construed as relating to all or any part of the Canadian Forces; *

"military judge" (juge militaire)

includes a reserve force military judge;*

"Minister" (ministre)

means the Minister of National Defence; *

"mutiny" (mutinerie)

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; *

"next of kin" (plus proche parent)

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;

"non-commissioned member" (militaire du rang)

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; *

"non-commissioned officer" (sous-officier)

means a member holding the rank of sergeant or corporal;

"non-public property" (biens non publics)

means

1. all money and property, other than issues of materiel, received for or administered by or through messes, institutes or canteens of the Canadian Forces,
2. 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,
3. 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
4. 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); *

"officer" (officier)

means

1. a person who holds Her Majesty's commission in the Canadian Forces,
2. a person who holds the rank of officer cadet in the Canadian Forces, and
3. any person who pursuant to law is attached or seconded as an officer to the Canadian Forces; *

"pay" (solde)

means, in respect of an officer or non-commissioned member, the entitlement to pay under chapter 204 ( Financial Benefits and Pay of Military Judges) and chapter 204 ( Pay of Officers and Non-commissioned Members) of the CBI; (1 September 2001)

"penitentiary" (pénitencier)

1. means a penitentiary established under Part I of the Corrections and Conditional Release Act (Statutes of Canada, 1992, Chapter 20),
2. 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
3. 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;*

(1 September 1999)

"personal equipment" (équipement personnel)

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;

"possession" (possession)

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

1. having in his personal possession,
2. knowingly having in the actual possession or custody of another person, or
3. 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; *

(1 September 1999)

"primary next of kin" (premier plus proche parent)

means the surviving next of kin who is the highest in preference on the form referred to in the definition "next of kin";

"Provost Marshal" (prévôt)

means the Canadian Forces Provost Marshal;*

"public funds" (fonds publics)

means all money of Her Majesty in right of Canada;

"public property" (biens publics)

means all money and property of Her Majesty in right of Canada; *

"reclassification" (reclassement)

means a change within the classifications of private;

"reduction" (rétrogradation)

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;

"referral authority" (autorité de renvoi)

means an officer referred to in article 109.02 (Referral Authority); (1 September 1999)

"regular force" (force régulière)

means the component of the Canadian Forces that is referred to in subsection 15(l) of the National Defence Act; *

"regulations" (règlements)

means regulations made under the National Defence Act;

"release" (libération)

means the termination of the service of an officer or non-commissioned member in any manner; *

"remuster" (changement de spécialité)

means the change of a non-commissioned member from one trade to another;

"reserve force" (force de réserve)

means the component of the Canadian Forces that is referred to in subsection 15(3) of the National Defence Act; *

"reversion" (retour à un grade inférieur)

means the return to lower rank other than by reduction;

"scale of punishments" (échelle des peines)

means the scale of punishments as set out in subsection 139(1) of the National Defence Act; *

"secondment" (détachement)

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;

"service convict" (condamné militaire)

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; * (1 September 1999)

"service custody" (garde militaire)

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; *

"service detainee" (détenu militaire)

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; *

"service offence" (infraction d'ordre militaire )

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; *

"service prison" (prison militaire)

means a place designated as such under subsection 205(1) of the National Defence Act; *

"service prisoner" (prisonnier militaire)

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; *

"service tribunal" (tribunal militaire)

means a court martial or a person presiding at a summary trial; *

"ship" (navire)

means a unit that is a vessel of the Canadian Forces commissioned or ordered to be commissioned;

"special force" (force spéciale)

means such component of the Canadian Forces as may be established pursuant to subsection 16(l) of the National Defence Act; *

"summary trial" (procès sommaire)

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; *

"superior officer" (supérieur)

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; *

"unfit to stand trial" (inaptitude à subir son procès)

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

1. understand the nature or object of the proceedings,
2. understand the possible consequences of the proceedings, or
3. communicate with counsel;

"unit" (unité)

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; *

"vessel" (vaisseau)

means any description of craft, however propelled, used or designed to be used in navigation;

"works and buildings" (ouvrages et bâtiments)

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.

* Indicates definition drawn from the National Defence Act.

(G) [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" and "Grievances Committee"; "Grievance Board": repealed by P.C. 2013-1068 effective 18 October 2013]

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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:

1. the Regular Force;
2. the Special Force;
3. the Reserve Force when subject to the Code of Service Discipline; and
4. 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:

1. 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
2. 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

1. "may" shall be construed as being permissive and "shall" as being imperative; and
2. "should" shall be construed as being informative only.

(M)

1.065 – "PRACTICABLE" AND "PRACTICAL"

In QR&O

1. "practicable" shall be construed as "physically possible"; and
2. "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" (conjoint de fait)

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

1. for a period of at least one year; or
2. for a period of less than one year, if the member and the person have jointly assumed the support of a child.

"common-law partnership" (union de fait)

means the relationship between an officer or non-commissioned member and the common-law partner of that member.

(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]

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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:

1. is expressed to take effect on a particular day, it is effective at the first moment of that day; or
2. 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, the index, and all italicized references within parentheses to appendices, to statutes, to other regulations, or to other articles of QR&O, do not form part of QR&O and may be altered on the authority of the Chief of the Defence Staff.

(2) There may be printed as appendices to QR&O such material as the Chief of the Defence Staff from time to time directs.

(G)

1.095 - EFFECT OF NOTES

The notes appended to articles in QR&O

1. are for guidance of members; and
2. 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)

1.12 - REGULATIONS AND ORDERS TO BE AVAILABLE TO MEMBERS

A commanding officer shall cause regulations and orders issued in implementation of the National Defence Act to be readily available to all members whom they concern.

(C)

1.13 - EXERCISE OF POWERS

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

(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:

1. Assistant Deputy Minister (Policy);
2. Associate Assistant Deputy Minister (Policy);
3. Assistant Deputy Minister (Personnel);
4. Associate Assistant Deputy Minister (Personnel);
5. Assistant Deputy Minister (Finance);
6. Associate Assistant Deputy Minister (Finance);
7. Assistant Deputy Minister (Materiel);
8. 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:

1. the officer holding the senior military appointment in each group at National Defence Headquarters when acting within the scope of
   1. any matters assigned or authorized under paragraph (2), or
   2. any duty assigned to him by the Chief of the Defence Staff; and
2. 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]

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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 inclusive: not allocated]

1.20 - NOTIFICATION OF REGULATIONS, ORDERS AND INSTRUCTIONS - RESERVE FORCE

Subsection 51(2) of the National Defence Act provides:

(C)

1.21 - NOTIFICATION BY RECEIPT OF REGULATIONS, ORDERS AND INSTRUCTIONS

Subject to subsection 51(2) of the National Defence Act (see article 1.20 - Notification of Regulations, Orders and Instructions - Reserve Force) all regulations, orders and instructions issued to the Canadian Forces shall be held to be published and sufficiently notified to any person whom they may concern if:

1. they are received at the base, unit or element at which that person is serving; and
2. the commanding officer of the base, unit or element takes such measures as may seem practical to ensure that the regulations, orders and instructions are drawn to the attention of and made available to those whom they may concern. (See article 4.26 – Circulation of Regulations, Orders, Instructions, Correspondence and Publications).

(G)

1.22 - ELECTRONIC PUBLICATION AND NOTIFICATION OF QR&O

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

"defence web site" (site web de la Défense)

means a web site on the internal electronic network of the Department of National Defence and the Canadian Forces, also known as the "Defence Information Network" or "DIN", or a web site of the Department of National Defence or the Canadian Forces on the Internet.

"PDF" (PDF)

means portable document format

(2) QR&O shall be held to be published and sufficiently notified to any person whom they may concern if

1. they are published electronically under the authority of the Chief of the Defence Staff in PDF on a defence web site; and
2. the commanding officer of the base, unit or element at which the person is serving notifies the person of the publication and takes such measures as may seem practical to ensure that the defence web site is made reasonably accessible to that person.

(3) If a commanding officer considers that measures cannot be taken under subparagraph (2)(b), the commanding officer shall ensure that

1. all amendments made to QR&O on or after 1 January 2006 are printed on paper from the PDF published under subparagraph (2)(a); and
2. publication and notification of the amendments are provided under article 1.21 (Notification by Receipt of Regulations, Orders and Instructions).

(G) [P.C. 2005-2288 effective 1 January 2006]

NOTE

(A) As a result of the coming into force of article 1.22 on 1 January 2006, paper versions of amendments to QR&O are no longer distributed to units by National Defence Headquarters.

(B) A commanding officer should not provide notification of QR&O published in PDF on a defence web site, along with notification of the paper version of QR&O, as any discrepancy between QR&O on the defence web site and the paper version could affect the trial of a charge of an alleged contravention of QR&O.

(C) [1 January 2006]

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

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:

1. in the discharge of his duties under the National Defence Act; or
2. 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:

1. matters have been assigned by the Chief of the Defence Staff with the concurrence of the Minister,
2. matters have been assigned or authority has been given under paragraph (2) of article 1.13 (Exercise of Powers), or
3. 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,

1. immediately following every regulation
   1. made by the Governor in Council, there shall be printed in parentheses the letter "G",
   2. made by the Treasury Board, there shall be printed in parentheses the letter "T",
   3. made by the Minister, there shall be printed in parentheses the letter "M"; and
   4. immediately following every order made by the Chief of the Defence Staff, there shall be printed in parentheses the letter "C".
2. 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:

1. the National Defence Act;
2. QR&O;
3. the Chief of the Defence Staff; or
4. an officer commanding a command in matters falling within the scope of his duties.

(C)

[1.26 to 1.99 inclusive: not allocated]