QR&Os: Volume I - Chapter 26 Personal Records and Documents

Official Format

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Amendment List:

  • 1 June 2014 – amended: article 26.08
  • 1 June 2014 – replaced article: 26.10
  • 1 June 2014 – replaced article: 26.12
  • 15 June 2012 Amended Paragraphs: 26.20(2), 26.20(3)
  • 8 November 2011 Amended Article: 26.12
  • 18 July 2008 Amended Article: 26.11

History:

Section 1 - General

26.01 - SERVICE RECORDS AND DOCUMENTS

(1) Service records and documents shall be prepared and maintained for every officer or non-commissioned member as prescribed by the Chief of the Defence Staff.

(2) The enrolment forms of an officer or non-commissioned member, together with any personal documents or personal forms prescribed by the Chief of the Defence Staff, shall be included in the service records or documents.

(C)

26.02 - DOMESTIC EVENTS AFFECTING PENSION, ANNUITY, PAY, ALLOWANCES, BENEFITS OR EXPENSES

(1) An officer or non-commissioned member shall notify their commanding officer in writing of changes in their family status and of the occurrence of other domestic events that might affect the member's pension, annuity, pay, allowances, benefits or expenses and the commanding officer shall report to National Defence Headquarters any circumstances that might bring the member's eligibility into doubt. 

(2) Where documentary evidence of the event is available, the original document, a photocopy or a notarized copy shall be submitted to the commanding officer.

(C) [1 September 2001 – (1)]

[26.03 AND 26.04: NOT ALLOCATED]

26.05 - IDENTIFICATION CARDS

An identification card shall be issued to each officer or non-commissioned member and such other persons as the Chief of the Defence Staff may determine, in accordance with orders issued by him.

(M)

[26.06 AND 26.07: NOT ALLOCATED]


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Section 2 - Personal Assessments

26.08 - PERSONAL REPORTS AND ASSESSMENTS

Subject to articles 26.10 (Personal Reports and Assessments – Exceptions) and 26.11 (Assessment of Performance - Member of Court Martial Panel), routine and special personal reports and assessments shall be prepared and submitted at the times and in the manner prescribed by the Chief of the Defence Staff.

(C) [1 September 1999; 1 June 2014]

26.09 - RECOMMENDATION FOR PROMOTION

A recommendation as to the suitability of an officer or non-commissioned member for promotion shall be made at the times and in the manner prescribed by the Chief of the Defence Staff.

(C)

26.10 - PERSONAL REPORTS AND ASSESSMENTS – EXCEPTIONS

No personal report, assessment or other document shall be completed in respect of a military judge, the Director of Military Prosecutions or the Director of Defence Counsel Services for the period during which they performed their duties if such a document is to be used in whole or in part to determine the training, posting or rate of pay of the officer, or whether the officer is qualified to be promoted.

(G) [P.C. 1999-1305 effective 1 September 1999; P.C. 2014-0575 effective 1 June 2014]

26.11 - ASSESSMENT OF PERFORMANCE - MEMBER OF COURT MARTIAL PANEL

The performance of duty as a member of a panel of a General Court Martial shall not be considered or evaluated in the preparation of any personal report, assessment or other document used in whole or in part for the purpose of determining

  1. whether a member is qualified to be promoted, or
  2. the training, posting or rate of pay of a member.

(G) [P.C. 2008-1319 effective 18 July 2008 – portion before (a)]

26.12 - PERSONNEL EVALUATION REPORT FILE – EXCEPTIONS

The personnel evaluation report file of an officer who is a military judge, the Director of Military Prosecutions or the Director of Defence Counsel Services shall not be placed before a promotion board.

(M) [1 September 1999; 8 November 2011; 1 June 2014]

[26.13 TO 26.15 INCLUSIVE: NOT ALLOCATED]


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Section 3 - Certificates

26.16 - SIGNATURE ON COMMISSION

Section 53 of the National Defence Act provides:

"53. (1) The Governor General may cause the signature of the Governor General to be affixed to a commission granted to an officer of the Canadian Forces by stamping the signature on the commission with a stamp approved by, and used for the purpose by authority of, the Governor General.

(2) A signature affixed in accordance with subsection (1) is as valid and effectual as if it were in the handwriting of the Governor General, and neither its authenticity nor the authority of the person by whom it was affixed shall be called in question, except on behalf of Her Majesty."

(C)

[26.17 TO 26.19 INCLUSIVE: NOT ALLOCATED]

26.20 - CERTIFICATES OF DEATH OR PRESUMPTION OF DEATH

(1) Issuance of a death certificate by civil authorities in respect of an officer or non-commissioned member is governed by the civil law.

(2) A certificate of death may be issued by service authorities where the officer or non-commissioned member:

  1. dies and no death certificate is issued by civil authorities;
  2. is killed in action; or
  3. is missing;

if in the opinion of the Chief of the Defence Staff or any other officer designated by the Minister, there is conclusive proof that the officer or non-commissioned member is dead. (See articles 21.41 - General and 2l.44 - Investigation Where Officer or Non-commissioned Member Missing Due to Enemy Action.)

(3) If no conclusive proof that a missing officer or non-commissioned member is dead has been produced within six months after the day on which they were reported missing, the Chief of the Defence Staff, or any other officer designated by the Minister, shall make further inquiries of any likely source including the next of kin and the officer or non-commissioned member's commanding officer.

(4) A certificate of presumption of death may be issued by service authorities where:

  1. inquiries made under paragraph (3) fail to produce information indicating that the missing member may still be alive; and
  2. in the opinion of the Chief of the Defence Staff or any other officer designated by the Minister, the circumstances surrounding the disappearance of the missing member raise beyond reasonable doubt the presumption that the member is dead.

(5) In a certificate of presumption of death, the issuing authority shall:

  1. declare that the missing member is deemed to be dead; and
  2. state the date on which death is presumed to have occurred.

(M) [15 June 2012 – (2) and (3)]

26.21 - SIGNING OF CERTIFICATES OF DEATH AND PRESUMPTION OF DEATH

(1) All certificates of death and of presumption of death issued under article 26.20 (Certificates of Death or Presumption of Death) shall be signed personally by the Chief of the Defence Staff or any other officer designated by the Minister for that purpose.

(2) Where a certificate of presumption of death has been issued in respect of a missing member, stating the date on which death is presumed to have occurred, section 43 of the: National Defence Act applies in part as follows:

"43. and the officer or non-commissioned member shall thenceforth, for the purposes of this Act and the regulations and in relation to his status and service in the Canadian Forces, be deemed to have died on that date."

(M)

[26.22 TO 26.30 INCLUSIVE: NOT ALLOCATED]


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Section 4 - Change of Name

26.31 - CHANGE FROM AN ASSUMED NAME

(1) Where an officer or non-commissioned member who has enrolled under an assumed name desires that the member's true name be shown on the member's service records and documents, the documentary evidence required to substantiate the change of name shall be the same as or equivalent to the documentary evidence required to establish proof of age or identity for the purposes of the Defence Services Pension Continuation Act or the Canadian Forces Superannuation Act (see QR&O Vol IV, Appendix 5.1).

(2) The commanding officer concerned shall forward the birth certificate and other documentary evidence of the true name or identity of the officer or non-commissioned member to National Defence Headquarters for confirmation that the documentary proof of change of name referred to in paragraph (1) is acceptable for the purposes of the Defence Services Pension Continuation Act or the Canadian Forces Superannuation Act (see QR&O Vol IV, Appendix 5.1).

(C)

26.32 - CHANGE OF TRUE NAME THROUGH LEGAL PROCESS

(1) Where an officer or non-commissioned member desires to change the member's true name for all purposes, the member shall do so at the member's own expense in accordance with the civil law applicable.

(2) Where a change of true name has been effected under paragraph (1), the commanding officer shall forward the court order or other document to National Defence Headquarters for confirmation that the documentary proof of change of name is acceptable for the purposes of the Defence Services Pension Continuation Act or the Canadian Forces Superannuation Act (see QR&O Vol IV, Appendix 5.1).

(C)

26.325 - CHANGE OF TRUE NAME FOR SERVICE PURPOSES

Where an officer or non-commissioned member is on active service and, in the opinion of the Chief of the Defence Staff the member's true name might jeopardize the member's safety if known to the enemy, the member may change the name for service purposes in such manner as the Chief of the Defence Staff may prescribe.

(C)

26.33 - CHANGE OF NAME IN SERVICE RECORDS

(1) The name under which an officer or non-commissioned member is enrolled shall not be erased from any of the member's personal records or documents.

(2) Upon notification to the commanding officer concerned of the acceptance of the documentary proof of change of name submitted under article 26.31 (Change From an Assumed Name) or 26.32 (Change of True Name Through Legal Process):

  1. the personal records and documents of the officer or non-commissioned member concerned shall be amended to record the new name; and
  2. the old name shall be placed in brackets in all existing records and documents, but any new records or documents shall bear the new name exclusively.

(C)

[26.34 TO 26.40 INCLUSIVE: NOT ALLOCATED]


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Section 5 - Conduct Sheets

26.41 - CONDUCT SHEETS - GENERAL

A conduct sheet shall be prepared, maintained and disposed of in accordance with orders issued by the Chief of the Defence Staff.

(C)

[26.42 TO 26.99 INCLUSIVE: NOT ALLOCATED]