DOAD 5003-0, Restrictions on Duty and Individual Limitations

Table of Contents

1. Introduction
2. Policy Direction
3. Authority
4. References

1. Introduction

Date of Issue: 2004-08-20

Date of Modification: 2007-09-07

Application: This DAOD is an order that applies to officers and non-commissioned members of the Canadian Armed Forces (CAF members).

Approval Authority: Chief of Military Personnel (CMP)

Enquiries: Director Military Careers Policy and Grievances (DMCPG)

2. Policy Direction

Context

2.1 The mission of the DND and the CAF is to defend Canada, its interests and its values, while contributing to international peace and security.

2.2 The duties to be performed by CAF members in the execution of the mission and the CAF are affected by the requirement to:

1. maintain individual and collective standards of operational effectiveness; and
2. show due care and consideration for the safety of CAF members and the public.

Policy Statement

2.3 In light of the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms and the Canadian Human Rights Act, the CAF is committed to:

1. establishing procedures to ensure that restrictions on duty are only imposed if the performance by a CAF member of a specific duty poses or is likely to pose a real and demonstrable risk to the operational effectiveness of the CAF or the safety of CAF members or the public; and
2. ensuring that individual limitations of CAF members are considered in the assignment of their duties, subject to the principle of universality of service under which CAF members must at all times and under any circumstances perform any functions that they may be required to perform (see subsection 15(9) of the Canadian Human Rights Act concerning universality of service).

3. Authorities

Authority

3.1 CMP has the authority to develop and approve policy concerning restrictions on duty and individual limitations.

4. References

Acts, Regulations, Central Agency Policies and Policy DAOD

• Canadian Charter of Rights and Freedoms
• Canadian Human Rights Act

Other References

• National Defence Act, sections 33 and 34
• DAOD 5003-1, Restrictions on Duty
• DAOD 5003-5, Pregnancy Administration
• DAOD 5003-6, Contingency Cost Moves for Personal Reasons, Compassionate Status and Compassionate Posting
• DAOD 5003-7, Service in Submarines
• CFAO 19-40, Human Rights - Discrimination