The RCN's announcement suggests that changing the regulations is part of a background process (quote below, emphasis added)
The problem is that the legal foundation of the ranks is the table to the QR&O. There is no legal authority to refer to CAF members by ranks/designations other than those within the NDA or within the regulations. A CANFORGEN doesn't trump the law and its associated regulations.
These are regulations under an act requiring GiC approval. The normal flow, starting at the end, is:
* GG approval of the revised regulations
* TB Ministers, meeting as GiC, recommend revised regulations to GG for approval
* TB Ministers, meeting as TB, approve any financial elements of the proposed regulatory change (likely not applicable in this case)
* DND submits package for approval including rationale for changes and proposed regulations
* DND staff assemble submission package and get CRCN, CDS, CFO (for financial impacts), DM and MND endorsement.
* Department of Justice Lawyers approve changes to regulations, and provide what's called the blue stamp - certifying that the proposed regulations meet the form, fit and function, and have no outstanding legal issues
* Client and their legal advisers review draft regulations, together with staff and lawyers from TB Regulatory Affairs Sector. This ensures cross-functional questions / issues are understood and addressed. In the case of ranks; this would be minor; other regulations would undergo more detailed scrutiny to ensure alignment where possible and understanding of any deviations required for unique aspects of the CAF.
* Specialized lawyers draft proposed changes to the regulations (in this case, the changes to the English-language table to QR&O 3.01, column 2, serials 16 and 17). In this instance it would be trivial; for many other regulations, this is a lengthy and complex process, where lawyers draft the regulations in parallel in English and in French. Or, in other words, they are not translated from one language into another.
* Client and their legal advisers create drafting instructions for regulatory drafters describing the desired outcomes, the rationale for their choice of instrument, history, relevant legislation and regulations. Work is also done to prepare Regulatory Impact Analysis Statements and other supporting documentation.
Had the NDA decreed under NDA 21(2) that the Minister could make such changes, the process would be abbreviated - no requirement to go to to the TB ministers and GG. But Parliament reserved this authority to the GiC, not to the MND or to any CAF member.
(Process geeks can read more about regulatory development at: https://www.canada.ca/en/treasury-board-secretariat/services/federal-regulatory-management/guidelines-tools.html. Note that the majority of CAF regulations are exempt from pre-publication.)
