Canadian Forces Drug Control Program - Application

Application

The policy (QR&O 20.02) asserts that the regulation applies to all officers and non-commissioned members. This should be read in conjunction with section 60 of the NDA which defines the limitations of the disciplinary jurisdiction of the Code of Service Discipline.

Additionally, QR&O 1.03 should be consulted which provides that "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: the Regular Force, Special Force, Reserve Force when subject to the code of service discipline..." QR&O 20 states that the order applies to all officers and NCMs - based on standard statutory interpretation, the more specific statute overrides the more general one; the administrative aspects of QR&O 20 likely apply to reservists not performing military functions. It may well be true that this is also the case for disciplinary action applied to reservists not performing military duties, given the wording of QR&O 20.

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