QR&Os: Volume I - Chapter 19
Conduct And Discipline

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Amendment List:

History:

Section 1 - Personal Conduct

19.01 - OBSERVANCE AND ENFORCEMENT OF REGULATIONS, ORDERS AND INSTRUCTIONS

Every officer and non-commissioned member shall become acquainted with, obey and enforce:

  1. the National Defence Act;
  2. the the Security of Information Act;
  3. QR&O; and
  4. all other regulations, rules, orders and instructions necessary for the performance of the member's duties.

(M) [5 June 2008 – (b)]

19.015 - LAWFUL COMMANDS AND ORDERS

Every officer and non-commissioned member shall obey lawful commands and orders of a superior officer.

(M)

NOTES

(A) The expression "superior officer" includes a non-commissioned member. (See article 1.02 - Definitions.)

(B) Usually there will be no doubt as to whether a command or order is lawful or unlawful. In a situation, however, where the subordinate does not know the law or is uncertain of it he shall, even though he doubts the lawfulness of the command, obey unless the command is manifestly unlawful.

(C) An officer or non-commissioned member is not justified in obeying a command or order that is manifestly unlawful. In other words, if a subordinate commits a crime in complying with a command that is manifestly unlawful, he is liable to be punished for the crime by a civil or military court. A manifestly unlawful command or order is one that would appear to a person of ordinary sense and understanding to be clearly illegal; for example, a command by an officer or non-commissioned member to shoot a member for only having used disrespectful words or a command to shoot an unarmed child.

(D) With respect to riots, subsection 32(2) of the Criminal Code (Revised Statutes of Canada, 1985, Chapter C-46) states:

"32. (2) Every one who is bound by military law to obey the command of his superior officer is justified in obeying any command given by his superior officer for the suppression of a riot unless the order is manifestly unlawful."

(C)

19.02 - CONFLICTING LAWFUL COMMANDS AND ORDERS

(1) If an officer or non-commissioned member receives a lawful command or order that he considers to be in conflict with a previous lawful command or order received by him, he shall orally point out the conflict to the superior officer who gave the later command or order.

(2) If the superior officer still directs the officer or non-commissioned member to obey the later command or order, he shall do so.

(M)

[19.03: not allocated]

19.04 - INTOXICANTS

No officer or non-commissioned member shall introduce, possess or consume an intoxicant on a base, unit or element or in a building or area occupied by the Canadian Forces, except:

  1. in a non-public property organization with respect to which a general authority has been granted to possess or consume an intoxicant during specified hours; or
  2. in such other place and at such times as the officer in command may approve.

(M)

[19.05 and 19.06: not allocated]

19.07 - PRIVATE DEBTS

(1) Private debts of an officer or non-commissioned member are the responsibility of the individual concerned.

(2) Every complaint received from a creditor that an officer or non-commissioned member has failed to pay a debt shall be dealt with as prescribed by the Chief of the Defence Staff.

(M)

19.08 - BANKRUPTCY

An officer or non-commissioned member, who has made an assignment of all property or a proposal to creditors or against whom a petition for a receiving order has been filed under the Bankruptcy and Insolvency Act (Revised Statutes of Canada, 1985, Chapter B-3), shall report the fact immediately to National Defence Headquarters.

(M)

19.09 - USE OF OUTSIDE INFLUENCE FORBIDDEN

No officer or non-commissioned member shall attempt to obtain favourable consideration on any matter relating to the member's service by the use of influence from sources outside the Canadian Forces.

(M)

19.10 - COMBINATIONS FORBIDDEN

No officer or non-commissioned member shall without authority:

  1. combine with other members for the purpose of bringing about alterations in existing regulations for the Canadian Forces;
  2. sign with other members memorials, petitions or applications relating to the Canadian Forces; or
  3. obtain or solicit signatures for memorials, petitions or applications relating to the Canadian Forces.

(M)

[19.11: not allocated]

19.12 - COMMUNICATION WITH THE COMMANDING OFFICER

An officer or non-commissioned member may, upon application, see the member's commanding officer on any personal matter.

(M)

19.13 - REBUKE IN PRESENCE OF JUNIOR

No officer or non-commissioned member shall rebuke any person in the presence or hearing of anyone junior to that person in rank, unless a public rebuke is absolutely necessary for the preservation of discipline.

(M)

19.14 - IMPROPER COMMENTS

(1) No officer or non-commissioned member shall make remarks or pass criticism tending to bring a superior into contempt, except as may be necessary for the proper presentation of a grievance under Chapter 7 (Grievances).

(2) No officer or non-commissioned member shall do or say anything that:

  1. if seen or heard by any member of the public, might reflect discredit on the Canadian Forces or on any of its members; or
  2. if seen by, heard by or reported to those under him, might discourage them or render them dissatisfied with their condition or the duties on which they are employed.

(M) [15 June 2000 – (1)]

19.15 - PROHIBITION OF REPRISALS

(1) In this article, “disclosure of wrongdoing” means the disclosure by a person of any information that the person believes could show that any of the following wrongdoings has been committed or is about to be committed, or that the person has been asked to commit:

  1. a contravention of any Act of Parliament or of the legislature of a province, or of any regulations made under any such Act;
  2. a misuse of public property or non-public property;
  3. a gross mismanagement;
  4. an act or omission that creates a substantial and specific danger to the life, health or safety of persons, or to the environment, other than a danger that is inherent in the performance of the duties or functions of a person; or
  5. knowingly directing or counselling a person to commit a wrongdoing set out in any of subparagraphs (a) to (d).

(2) No officer or non-commissioned member shall take any of the following actions, or direct that any be taken, against any person who has, in good faith, reported to a proper authority any infringement of the pertinent statutes, regulations, rules, orders and instructions governing the conduct of any person subject to the Code of Service Discipline, made a disclosure of wrongdoing or cooperated in an investigation carried out in respect of such a report or disclosure:

  1. a disciplinary action;
  2. a career remedial or other administrative action;
  3. the demotion of the person;
  4. the release, recommendation for release or termination of employment of the person;
  5. any measure that adversely affects the service, employment or working conditions of the person; or
  6. a threat to take any of the actions referred to in any of subparagraphs (a) to (e).

(M) [23 April 2009]

NOTES

(A) All officers are required under subparagraph 4.02(1)(e) (General Responsibilities of Officers), and all non-commissioned members are required under paragraph 5.01(e) (General Responsibilities of Non-Commissioned Members), to report to a proper authority any infringement of the pertinent statutes, regulations, rules, orders and instructions governing the conduct of any person subject to the Code of Service Discipline.

(B) The proper exercise of responsibilities or authority in respect of the assignment of work, counseling, performance evaluation, discipline, supervision and other leadership functions does not constitute a reprisal under article 19.15 (Prohibition of Reprisals).

(C) [23 April 2009]

19.16 - FOREIGN EXPEDITIONS AND MANŒUVRES

(1) Subject to paragraph (2), no officer or non-commissioned member, without the permission of the Chief of the Defence Staff or a commander of a Canadian Defence Liaison Staff, shall in a foreign country:

  1. accompany or take part in an expedition of the armed forces of a foreign power; or
  2. officially attend the manœuvres or public parades of the armed forces of a foreign power.

(2) Nothing in this article prevents attachés, authorized staff and exchange personnel, whose normal duties so require, from attending manœuvres or public parades of the armed forces of a foreign power to which they are attached or accredited.

(M)

19.17 - REPORTS OF EXPEDITIONS AND MANŒUVRES

(1) An officer or non-commissioned member who attends an expedition or manœuvres outside Canada shall forward to National Defence Headquarters a report on the expedition or manœuvres that the member has witnessed.

(2) Subject to paragraph (1), no officer or non-commissioned member shall, without permission from National Defence Headquarters, send to anyone an account of or comment on an expedition or manœuvres that the member has witnessed.

(M)

19.18 - CONCEALMENT OF DISEASE

An officer or non-commissioned member who is suffering or suspects he is suffering from a disease shall without delay report himself sick.

(C)

[19.19 to 19.25 inclusive: not allocated]

[19.26 and 19.27 inclusive: repealed 15 June 2000]

[19.28 to 19.35 inclusive: not allocated]


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Section 2 - Dealings with Public, Civil Employment and Political Activities

19.36 - DISCLOSURE OF INFORMATION OR OPINION

(1) For the purposes of this article, the adjective "military" shall be construed as relating not only to the Canadian Forces but also to the armed forces of any country.

(2) Subject to article 19.375 (Communications to News Agencies), no officer or non-commissioned member shall without permission obtained under article 19.37 (Permission to Communicate Information):

  1. publish in any form whatever or communicate directly or indirectly or otherwise disclose to an unauthorized person official information or the contents of an unpublished or classified official document or the contents thereof;
  2. use that information or document for a private purpose;
  3. publish in any form whatever any military information or the member's views on any military subject to unauthorized persons;
  4. deliver publicly, or record for public delivery, either directly or through the medium of radio or television, a lecture, discourse or answers to questions relating to a military subject;
  5. prepare a paper or write a script on any military subject for delivery or transmission to the public;
  6. publish the member's opinions on any military question that is under consideration by superior authorities;
  7. take part in public in a discussion relating to orders, regulations or instructions issued by the member's superiors;
  8. disclose to an unauthorized person, without the authority of the department, agency or other body concerned, any information acquired in an official capacity while seconded, attached or loaned to that department, agency or other body;
  9. furnish to any person, not otherwise authorized to receive them, official reports, correspondence or other documents, or copies thereof; or
  10. publish in writing or deliver any lecture, address or broadcast in any dealing with a subject of a controversial nature affecting other departments of the public service or pertaining to public policy.

(3) This article does not apply to a writing, lecture, address or broadcast confined exclusively to members of the Canadian Forces.

(M) [15 June 2000]

19.37 - PERMISSION TO COMMUNICATE INFORMATION

(1) Permission for the purposes of article 19.36 (Disclosure of Information or Opinion) may be granted by the Chief of the Defence Staff or such other authority as he may designate.

(2) Permission given under paragraph (1):

  1. does not have the effect of endorsing anything said or done by the person to whom it is given;
  2. may not be referred to in any way; and
  3. is given on the basis that no statement implying endorsement on behalf of the Crown will be included in what is said or done.

(M)

19.375 - COMMUNICATIONS TO NEWS AGENCIES

(1) Subject to paragraphs (2) and (3), any communication concerning or affecting the Canadian Forces or any part thereof that it may be considered desirable to make to the press or any other agencies concerned with the dissemination of news or opinions will be made by the Minister or an officer or official designated by the Minister.

(2) An officer commanding a command, formation, base, unit or element may make communications to the press or other news agencies when they concern or affect only the command, formation, base, unit or element under the officer's command and do not involve enunciation, defence or criticism, expressed or implied, of service, departmental or government policy.

(3) As it is desirable that the public should be acquainted with conditions of life in the service and that local interest be encouraged, an officer commanding a command, formation, base, unit or element is authorized at the officer's discretion to invite local representatives of the press and other news agencies to visit the command formation, base, unit or element under the officer's command and to furnish to them, subject to paragraph (2), such information as the officer may consider suitable for the purpose.

(M)

19.38 - COMMUNICATIONS WITH OTHER GOVERNMENT DEPARTMENTS

No officer or non-commissioned member shall enter into direct communication with any government department other than the Department of National Defence on subjects connected with the Canadian Forces or with the member's particular duties or future employment, unless the member is authorized to do so by or under

  1. a statute of Canada;
  2. QR&O; or
  3. instructions from National Defence Headquarters.

(M)

NOTE

An example of a provision of a statute of Canada within the meaning of this article is subsection 58(2) of the Official Languages Act (Revised Statutes of Canada, 1985, Chapter 31 (4th Supplement)) which authorizes members to enter into direct communications with the Commissioner of Official Languages.

(C)

19.39 - DEALINGS WITH CONTRACTORS

(1) No officer or non-commissioned member shall have any private dealings with contractors, their agents or employees, whether on an honorary basis or otherwise, that may leave the member open to suspicion of being influenced in the discharge of the member's duty by other than purely public considerations.

(2) No officer or non-commissioned member shall:

  1. give a private testimonial to a contractor regarding wares or services supplied to the Department; or
  2. include in correspondence with a contractor anything that might be used as a testimonial.

(3) No officer or non-commissioned member shall derive, by virtue of his status as a member of the Canadian Forces, any pecuniary benefit or personal advantage from any departmental contract or any contract made on behalf of or for the benefit of the Department.

(M)

19.40 - ACCEPTANCE OF GIFTS FROM FOREIGN SOURCES

No officer or non-commissioned member shall without the consent of the Minister, accept a gift, reward or favour from a foreign sovereign, state or functionary.

(M)

19.41 - ADMISSION AND ACCEPTANCE OF LIABILITY

(1) No officer or non-commissioned member shall, without the authority of the Minister:

  1. admit liability to a person who is not a member of the Canadian Forces; or
  2. accept liability on behalf of the Crown;

for a loss or damage arising out of or occasioned by the performance of service duties by the member or by another.

(2) No officer or non-commissioned member shall, without the authority of the Minister, accept liability on behalf of the Crown for the defence of civil or criminal proceedings brought against another officer or non-commissioned member by a member of the public.

(M)

19.42 - CIVIL EMPLOYMENT

(1) Subject to paragraph (3), no officer or non-commissioned member on full-time service shall engage in any civil employment or undertaking that in the opinion of the member's commanding officer:

  1. is or is likely to be detrimental to the interests of the Canadian Forces;
  2. reflects or is likely to reflect discredit upon the Canadian Forces; or
  3. in the case of members of the Regular Force, is continuous.

(2) No officer or non-commissioned member on full-time service shall authorize the use of the member's name or photograph in connection with a commercial product, except so far as the member's name may be part of a firm name.

(3) Except that an officer or non-commissioned member shall not engage in any civil employment or undertaking that reflects or is likely to reflect discredit upon the Canadian Forces, this article does not apply to a member who is:

  1. on leave immediately preceding release; or
  2. on leave without pay.

(M)

19.43 - DIRECTORSHIPS AND INTEREST IN COMPANIES

(1) Subject to paragraph (2), no member of the Regular Force or of the Reserve Force on active service shall serve as a director of a company unless:

  1. the company is a private one;
  2. stock of the company is neither sold or quoted on the open market; and
  3. approval from National Defence Headquarters is obtained.

(2) When any part of the Canadian Forces is on active service, a member of the Reserve Force may retain directorships the member held prior to being placed on active service.

(M)

19.44 - POLITICAL ACTIVITIES AND CANDIDATURE FOR OFFICE

(1) For the purposes of this article:

political advertising(publicité à caractère politique)
means advertising, the purpose of which is to gain support for the election of a candidate for federal, provincial or municipal office or to gain support for, or to encourage some action in support of, the maintenance or change of a policy that is the responsibility of government at the federal, provincial or municipal level;
political canvassing(sollicitation politique)
means an activity by which an individual approaches another individual to gain support for the election of a candidate for federal, provincial or municipal office or to gain support for, or to encourage some action in support of, the maintenance or change of a policy that is the responsibility of government at the federal, provincial or municipal level;
political meeting(réunion politique)
means a meeting that is planned for a specific time and place and is designed to promote political action by those attending;
political speech(discours politique)
means a speech, the purpose of which is to promote political action by those to whom it is addressed.

(2) Except as otherwise authorized under the Canada Elections Act (Revised Statutes of Canada, 1985, Chapter E-2) or any other statute of the Parliament of Canada, a commanding officer shall ensure that any activity that takes place on a defence establishment, including a base or unit, under his command does not affect the actual or perceived political neutrality of the Canadian Forces and, in particular, no commanding officer shall:

  1. except as provided in paragraph (6), allow a political meeting to be held or a political speech to be delivered on a defence establishment;
  2. allow the display of political advertising anywhere on a defence establishment in areas exposed to public view; or
  3. except as provided in paragraphs (4) and (5), allow political canvassing or the distribution of political advertising, other than by mail, anywhere on a defence establishment.

(3) Subject to paragraph (7), paragraph (2) does not apply to any activity that takes place within the confines of a married quarter in Canada.

(4) A commanding officer shall permit political canvassing and the distribution of political advertising to single quarters and married quarters if, having regard to security and privacy requirements, the canvassers or distributors can be given access to such quarters.

(5) The Chief of the Defence Staff may authorize the broadcast, through Canadian Forces broadcasting facilities, of free-time political broadcasts.

(6) In exceptional circumstances, and where no practical alternative location can be found, the Minister may authorize the use of a defence establishment or any part thereof for the conduct of a political meeting or the delivery of a political speech.

(7) No member of the Regular Force shall:

  1. take an active part in the affairs of a political organization or party;
  2. make a political speech to electors, or announce himself or allow himself to be announced as a candidate, or prospective candidate, for election to the Parliament of Canada or a provincial legislature; or
  3. except with the permission of the Chief of the Defence Staff, accept an office in a municipal corporation or other local government body or allow himself to be nominated for election to such office.

(8) No officer or non-commissioned member shall organize or take part in a political meeting on a defence establishment.

(M)

NOTES

(A) Examples of meetings or speeches that might be considered to be political meetings or political speeches are those that are designed to:

  1. solicit votes for a candidate in a federal, provincial or municipal election;
  2. solicit funds to support a candidate in a federal, provincial or municipal election or a political party; or
  3. organize a lobby to maintain or change public policy at the federal, provincial or municipal level.

(B) An example of a meeting or speech that might not be considered to be a political meeting or political speech is a meeting or speech that is designed to impart information but does not require or expect any specific solicited political action to follow as a result.

(C)

[19.45 to 19.50 inclusive: not allocated]


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Section 3 - Legal Proceeding by Civil Authorities

19.51 - OPERATION OF CIVIL LAW

(1) Officers and non-commissioned members remain subject to the civil law, except as prescribed in the National Defence Act.

(2) The civil police have power to arrest an officer or non-commissioned member whether or not the member is at a base, unit or element.

(3) An officer in command of a base, unit or element shall afford every facility to the civil authorities in detecting and apprehending officers and non-commissioned members serving at the base, unit or element whose arrest is required on a criminal charge, but he shall require a constable or other civil officer to produce a warrant or show satisfactory evidence of the capacity in which he acts.

(M) [15 June 2000]

19.52 - SEARCH OF SHIPS OR AIRCRAFT BY CUSTOMS OFFICERS

(1) Subject to paragraph (2), the captain of a ship or an aircraft shall permit Canadian customs officers to search the ship or aircraft.

(2) The captain shall, when in his opinion the interests of security so require, refuse access to parts of the ship or aircraft containing classified materiel.

(3) When access is refused to a customs officer in the circumstances referred to in paragraph (2), the captain or an officer designated by him for that purpose shall, if the customs officer so requests, carry out a search in those parts of the ship or aircraft to which access has been refused, and make the appropriate report to the customs officer.

(M)

[19.53: not allocated]

19.54 - OFFENDERS RELEASED ON BAIL

(1) Where a non-commissioned member has been arrested by a civil authority whether in or outside Canada and afterwards released on bail pending trial and the unit or element to which the member belongs leaves the area before the case is disposed of, the commanding officer shall, if practical, arrange to have the member assigned to another unit or element remaining in the area.

(2) Where an assignment referred to in paragraph (1) cannot be arranged and no service accommodation is available, the commanding officer shall cause the civil power concerned to be notified as soon as practical of the impending departure.

(C)

19.55 - ATTENDANCE AS WITNESS IN CIVIL COURT

(1) An officer or non-commissioned member who has been subpoenaed to appear as a witness in a civil court shall appear on the date specified in the subpoena.

(2) An officer or non-commissioned member who intends to appear voluntarily as a witness in a civil court shall request permission from the member's commanding officer to do so.

(3) An officer or non-commissioned member who has been subpoenaed or who intends to appear voluntarily as a witness in a civil court shall inform his commanding officer where the member considers that :

  1. the evidence that he may give or the documents he may be called upon to produce will entail the revelation of material classified as confidentiel or higher; or
  2. the public interest would be otherwise adversely affected.

(4) Where a commanding officer receives information in accordance with paragraph (3), he shall:

  1. if the officer or non-commissioned member intends to appear voluntarily, refuse permission to appear; and
  2. if the officer or non-commissioned member has been subpoenaed
    1. immediately communicate by message direct with National Defence Headquarters requesting instructions, and
    2. direct the attention of the member to paragraph (6).

(5) Where on receipt at National Defence Headquarters of a message referred to in subparagraph (4)(b) it is considered that the evidence or documents should not be given or produced, the matter shall be referred to the Minister so that the Minister may make a claim of privilege, if necessary.

(6) When instructions have been requested from National Defence Headquarters as prescribed in paragraph (4) but have not been received by the time the officer or non-commissioned member appears as a witness, the member shall inform the court of those facts and shall request that the member's evidence or the production of documents be deferred until instructions have been received.

(M)

19.56 - REPORT OF ARREST BY CIVIL AUTHORITY

Where an officer or non-commissioned member has been arrested by a civil authority, the member shall cause the arrest to be reported to the member's commanding officer.

(M)

19.57 - OFFICER IN ATTENDANCE AT TRIAL BY CIVIL AUTHORITY

(1) Where a commanding officer receives information that a member under his command is charged with an offence before a civil court, he shall detail an officer or arrange to have an officer detailed to attend and watch the proceedings unless:

  1. the offence charged is a minor one under a highway traffic act or local ordinance; or
  2. the distance from a unit to the place of trial is so great as to make the detailing of an officer impractical.

(2) Where it is impractical to detail an officer to attend and watch the proceedings because of the distance from the unit of the accused to the place of trial, the commanding officer shall, if the offence is not one coming within subparagraph (1)(a), submit a report to the officer commanding the command.

(3) Where the officer commanding the command receives a report referred to in paragraph (2), he shall decide whether it is advisable for an officer to be present at the trial and, if so, whether an officer should be detailed from the unit of the accused or from some other unit nearer the place of trial.

(4) Where the officer detailed under paragraph (3) belongs to a unit other than the accused's unit, the commanding officer of the accused shall communicate directly with the unit from which the officer is to proceed and shall forward all necessary information and documents for the use of the attending officer.

(M)

19.58 - PAYMENT OF FINES AND COSTS

(1) Where a civil court imposes a fine or costs upon an officer or non-commissioned member which the member is unable to pay, a commanding officer may, with the consent of the member, authorize payment from public funds of the fine and costs imposed.

(2) Before authorizing payment in accordance with paragraph (1), the commanding officer shall consider:

  1. the state of the member's pay account;
  2. the member's general character;
  3. whether the member's services are urgently required; and
  4. whether, if the member is convicted, an application is likely to be made for the member's release from the Canadian Forces.

(3) Where a payment is made on behalf of the member under paragraph (1), the commanding officer shall ensure that the total amount of that payment is recovered from the member. (See article 208.21 - Fines Imposed by Civil Court.)

(G)

19.59 - DUTIES OF ATTENDING OFFICER PRIOR TO TRIAL

(1) Prior to the trial of an officer or non-commissioned member before a civil court, the attending officer shall:

  1. obtain a statement of the member's record of service, pay account and service conduct generally; and
  2. ascertain whether the commanding officer authorizes the attending officer, in accordance with article 19.58 (Payment of Fines and Costs), to pay any fine imposed.

(2) Prior to the trial of an officer or non-commissioned member before a civil court, the attending officer shall inform the member that the attending officer's duties do not include acting in any way as the member's solicitor, counsel or advocate.

(M)

19.60 - DUTIES OF ATTENDING OFFICER DURING TRIAL

(1) An attending officer shall, if requested by the court, give the court:

  1. all information in the attending officer's possession as to the service conduct generally of the accused; and
  2. full particulars of any previous conviction of the accused of an offence under section 130 of the National Defence Act.

(2) No attending officer shall :

  1. give particulars of any previous convictions of the member other than those specified in subparagraph (1)(b);
  2. produce the conduct sheet of the member; or
  3. act in any way as the member's solicitor, counsel or advocate.

(M)

19.61 - CERTIFICATE OF CONVICTION

Where an officer or non-commissioned member is convicted or bound over or otherwise dealt with by a civil court, the member's commanding officer shall obtain a certificate of conviction or a certified copy of the order of the court. (See section 255 of the National Defence Act.)

(M)

19.62 - ACTION FOLLOWING CONVICTION BY CIVIL AUTHORITY

A copy of the certificate of conviction and conduct sheet, if any, of an officer or non-commissioned member shall be forwarded by the commanding officer to National Defence Headquarters where the commanding officer receives information that the member has been convicted by a civil court of an offence under:

  1. the Criminal Code of Canada or any other statute of Canada; or
  2. a statute of a province or a local ordinance and the sentence is a term of imprisonment.

(M)

[19.63 to 19.74 inclusive: not allocated]


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Section 4 - Authority to Relieve a Member from the Performance of Military Duty

19.75 - RELIEF FROM PERFORMANCE OF MILITARY DUTY

(1) This article does not apply to an officer or non-commissioned member to whom article 101.09 (Relief from Performance of Military Duty – Pre and Post Trial) applies, nor to a military judge, the Provost Marshal, the Director of Military Prosecutions or the Director of Defence Counsel Services.

(2) For the purpose of this article, the Chief of the Defence Staff and an officer commanding a command are the authorities who may relieve an officer or non-commissioned member from the performance of military duty.

(3) Notwithstanding paragraph (2), only the Chief of the Defence Staff may relieve an officer or non-commissioned member from the performance of military duty, if that member is on active service by reason of an emergency.

(4) An authority may relieve an officer or non-commissioned member from the performance of military duty if, in a situation other than one provided for under paragraph 101.09(3), the authority considers that it is necessary to relieve the member from the performance of military duty to separate the member from their unit.

(5) The authority who relieves an officer or non-commissioned member from the performance of military duty shall order that the member return to duty when the circumstances giving rise to the decision to relieve the member from the performance of military duty are no longer present.

(6) Prior to determining whether to relieve an officer or non-commissioned member from the performance of military duty, the authority shall provide to the member

  1. the reason why the decision to relieve the member from the performance of military duty is being considered; and
  2. a reasonable opportunity to make representations.

(7) The authority who relieves an officer or non-commissioned member from the performance of military duty shall, within 24 hours of relieving the member from the performance of military duty, provide the member with written reasons for the decision.

(8) An officer commanding a command who relieves an officer or non-commissioned member from the performance of military duty or orders that the member return to duty, shall make a report in writing to the Chief of the Defence Staff setting out the reasons for the decision.

(9) An officer or non-commissioned member shall cease to be suspended from duty on the coming into force of this article.

(M) [5 June 2008 – (1); 1 June 2014 – (1) and (4)]

NOTES

(A) Relief from the performance of military duty is not to be used as a form of discipline or as a sanction. Action to relieve a member should only be considered after concluding that other administrative means are inadequate in the circumstances. In determining whether to relieve a member, an authority must balance the public interest including the effect on operational effectiveness and morale, with the interests of the member. A commanding officer must monitor each case to ensure that appropriate action is taken if there are changes in the circumstances on which the decision to relieve a member was based.

(B) Although a member is relieved from the performance of military duty, they are required to obey all lawful commands, including an order to attend before a service tribunal or a board of inquiry.

(C) As an example of the application of this article, a commander who has been removed from command for leadership deficiencies and whose presence at any unit would be disruptive to operational effectiveness, could be relieved from the performance of military duty.

(C) [9 January 2001]

19.76 - INSPECTIONS IN ACCORDANCE WITH CUSTOM OR PRACTICE OF THE SERVICE

The Inspection and Search Defence Regulations (QR&O Volume IV, Appendix 3.3) provide in part:

"2. In these Regulations,

controlled area(secteur contrôlé)
means any defence establishment, work for defence or materiel;

3. An officer or non-commissioned member may conduct an inspection, including an inspection for the purpose of maintaining military standards of health, hygiene, safety, security, efficiency, dress and kit, of any other officer or non-commissioned member or any thing in, on or about

  1. any controlled area, or
  2. any quarters under the control of the Canadian Forces or the Department,

in accordance with the custom or practice of the service."

(C)

NOTES

(A) The Regulations quoted in this article provide, pursuant to section 273.1 of the National Defence Act, the authority for the many different inspections designed to ensure the efficient operation of military units. A few examples of the inspections carried out in accordance with the custom or practice of the service are the inspection of:

  1. family housing or single quarters for cleanliness and good order;
  2. personnel for dress and deportment;
  3. kit for proper maintenance and completeness;
  4. buildings for physical security and fire safety; and
  5. personnel to ensure that ammunition is not removed without authority from the firing range.

(B) The words "in, on or about any controlled area" include all defence establishments and materiel, whether static or mobile, wherever located, and their immediate vicinity.

(C) This article does not apply to:

  1. searches and inspections authorized pursuant to the Defence Controlled AreaRegulations (QR&O Volume IV, Appendix 3.2);
  2. searches for the purpose of obtaining evidence of the commission of an offence authorized pursuant to Chapter 106 (see in particular Notes (A),(B) and (C) to article 106.04 - Authority to Conduct Searches); or
  3. searches authorized pursuant to article 19.77 (Searches as a Condition of Access to a Controlled Area).

(D) Inspections shall not be originated with the intent of seeking incriminating evidence in a place which would otherwise require a search warrant to be entered. However, where an officer or non-commissioned member is conducting a properly authorized inspection, he may seize evidence of the commission of any offence when that evidence is in plain view.

(C) [1 September 1999 – Note (C)(iii); 1 September 2001 – Note (A)(i)]

19.77 - SEARCHES AS A CONDITION OF ACCESS TO A CONTROLLED AREA

The Inspection and Search Defence Regulations (QR&OVolume IV, Appendix 3.3) provide in part:

"2. In these Regulations,

controlled area(secteur contrôlé)
means any defence establishment, work for defence or materiel;
designated authority(autorité compétente)
means the officer in command or person in charge of a controlled area or any restricted area within the controlled area and includes a person acting under the authority of that officer or person in charge.

4. This Part applies to all persons who are subject to the Code of Service Discipline.

5. As a condition of being given access to a controlled area, a person shall, on demand of a designated authority, submit to a search without warrant of his person or personal property while entering or exiting the controlled area or any restricted area within the controlled area.

6. (1) A person exiting as described in section 5 who refuses to submit to a search of his person or personal property when required to do so pursuant to that section may have his person or personal property searched by a designated authority.

(2) For the purposes of any search by a designated authority pursuant to subsection (1), the designated authority shall use only such force as is necessary.

7. Except where there are reasonable grounds to believe that an immediate search is necessary to maintain security or to prevent danger to the safety of any person, a search of a person pursuant to this Part shall be carried out only by a person of the same sex.

8. A designated authority may search without warrant any personal property about a controlled area or any restricted area within the controlled area where the designated authority has reasonable grounds to believe that the personal property is or may contain anything that is likely to endanger the safety of any person within the controlled area."

(C)

19.78 - DETENTION, RESTORATION AND DISPOSAL OF THINGS SEIZED

(1) Every person authorized to conduct an inspection pursuant to article 19.76 (Inspections in Accordance With Custom or Practice of the Service) or a search pursuant to article 19.77 (Searches as a Condition of Access to a Controlled Area) may only seize anything that the person discovers in the course of such an inspection or search if the person is authorized by law to seize it.

(2) Every person who seizes anything pursuant to paragraph (1) shall carry it before a commanding officer.

(3) Where pursuant to paragraph (2) anything seized is brought before a commanding officer, it shall be disposed of as if it had been received pursuant to paragraph (1) of article 106.08 (Execution of Search Warrant).

(G) [P.C. 1999-1305 effective 1 September 1999 – (3)]

NOTES

(A) A person conducting an inspection pursuant to article 19.76 (Inspections in Accordance with Custom or Practice of the Service) or a search pursuant to article 19.77 (Searches as a Condition of Access to a Controlled Area) is authorized by law to seize anything which he discovers in plain view in the course of such an inspection or search if he believes on reasonable grounds that it is evidence in respect of an offence.

(B) In addition to the authority to seize referred to in Note (A), a person conducting an inspection pursuant to article 19.76 or a search pursuant to article 19.77 who has effected a lawful arrest may seize anything that he reasonably believes is evidence of the offence in respect of which he has effected the arrest, or which may be used as evidence against the person arrested, or any weapon or instrument that might enable the arrested person to commit an act of violence or effect his escape.

(C)

[19.79 to 19.99 inclusive: not allocated]