DAOD 5016-0, Standards of Civilian Conduct and Discipline

Table of Contents

1. Introduction
2. Definitions
3. Policy Direction
4. Consequences
5. Authorities
6. References

1. Introduction

Date of Issue: 2005-04-01

Date of Last Modification: 2018-10-09

Application: This DAOD is a directive that applies to employees of the Department of National Defence (DND employees) and an order that applies to officers and non-commissioned members of the Canadian Armed Forces (CAF members) who act as managers or supervisors of DND employees.

Supersession:

• CPAO 7.05, Standards of Conduct
• CPAO 7.06, Discipline

Approval Authority: Assistant Deputy Minister (Human Resources - Civilian) (ADM (HR-Civ))

Enquiries: Director General Workforce Management (DGWM)

2. Definitions

delegated manager (gestionnaire délégataire)

Delegated manager means a manager or supervisor with delegated powers or functions in relation to human resources management, pursuant to Subsection 12.2(1) of the Financial Administration Act, and as identified in the Department of National Defence Instrument of Delegation of Labour Relations Authorities.

disciplinary measure (mesure disciplinaire)

Disciplinary measure means a measure taken in response to the misconduct of an employee, namely:

• written reprimand;
• suspension;
• financial penalty;
• demotion; or
• termination of employment.

misconduct (inconduite)

Misconduct means the improper conduct of an employee who deliberately, recklessly, or through negligence, breaches established standards of conduct or ethics.

3. Policy Direction

Context

3.1 DND employees are expected to conduct themselves in such a way as to command a high degree of confidence and respect. Standards of conduct for all DND employees are therefore necessary.

3.2 Policy and instructions with respect to established standards of conduct for CAF members are set out in DAOD series 5019.

3.3 Subsection 12(1) of the Financial Administration Act (FAA) authorizes every deputy head in the core public administration, with respect to the portion for which he or she is deputy head, to establish standards of discipline and prescribe financial and other penalties to be applied for breaches of discipline or misconduct.

3.4 For direction on exercising disciplinary measures, see the Guidelines for Civilian Discipline (Treasury Board).

Policy Statement

3.5 DND employees are responsible at all times for conforming to established standards of conduct.

3.6 The DND and the CAF are committed to:

1. taking prompt, consistent and reasonable disciplinary measures in response to misconduct of DND employees; and
2. holding DND employees accountable for any misconduct resulting from factors within their control.

Requirements

3.7 The DND and the CAF must:

1. ensure DND employees have access to the established standards of conduct;
2. provide managers and supervisors with guidance, support and training on:
   1. the established standard of conduct for DND employees; and
   2. disciplinary measures to be taken in response to misconduct;
3. establish the range of disciplinary penalties.

3.8 Delegated managers must:

1. respect the Instrument of Delegation of Human Resources Authorities;
2. take prompt action in cases of suspected misconduct in accordance with the Guidelines for Civilian Discipline;
3. impose appropriate disciplinary measures based on the:
   1. nature of misconduct;
   2. operational requirements; and
   3. principles of corrective and progressive discipline as set out in the Guidelines for Civilian Discipline.

3.9 Managers and supervisors must:

1. advise DND employees of the established standards of conduct.

3.10 DND employees must:

1. comply with all applicable conduct requirements set out in:
   1. legislation and regulations;
   2. departmental policies and directives;
   3. Treasury Board policies; and
   4. the Values and Ethics Code for the Public Sector;
2. act in a manner that is:
   1. consistent with departmental interests;
   2. consistent with the public interest; and
   3. non-partisan with respect to political activity participation pursuant to Section 33 of the Public Service Employment Act;
3. observe safe practices and safety regulations in the performance of their assigned duties and report to their manager or supervisor any unsafe or dangerous situation.

3.11 DND employees must not:

1. use, nor permit the use of, their position, title or authority, to give an improper advantage to or advance the private interests of another;
2. unless specifically permitted by another departmental policy, use or authorize the use of any departmental premises or equipment, or electronic network, for other than official purposes;
3. drink alcohol while at work or report for work under the influence of alcohol;
4. consume cannabis during the period of 8 hours before any known or expected performance of work;
5. report to the workplace impaired, or commence any work if their ability to safely and effectively perform that work is impaired, due to cannabis consumption; and
6. take any unauthorized substances while at work or report for work under the influence of any unauthorized substance.

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4. Consequences

General

4.1 Should clarification of the policy statement, requirements or authorities set out in this DAOD be required, DND employees and CAF members may seek direction through their channel of communication or chain of command, as appropriate. The anticipated results set out in the policy statement may not be achieved by the DND and the CAF if the requirements specified in this DAOD are not properly implemented. Not achieving the anticipated results could affect the ability of the DND and the CAF to ensure that the CAF is prepared to undertake missions for the protection of Canada and Canadians and the maintenance of international peace and stability.

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5. Authorities

Authority Table

5.1 The following table identifies the authorities associated with this DAOD:

6. References

Acts, Regulations, Central Agency Policies and Policy DAOD

• Access to Information Act
• Canadian Human Rights Act
• Canada Labour Code, Part II
• Financial Administration Act
• Privacy Act
• Public Service Employment Act
• Public Service Labour Relations Act
• Terms and Conditions of Employment Policy, Treasury Board
• Treasury Board Guidelines for Discipline, Treasury Board
• Treasury Board Policies and Publications, Staff Relations
• Values and Ethics Code for the Public Sector, Treasury Board
• National Joint Council Bylaws
• Applicable collective agreements
• DAOD 2007-2, Use of cannabis by DND employees
• Applicable DND DAOD, CPAOs notices, bulletins and directives
• Applicable NJC directives
• Instrument of Delegation of Labour Resources Authorities

Other References

• DAOD 5005-3, Employee Assistance Program
• DND Civilian Staffing Directive
• Guidelines for Civilian Discipline
• Defence Ethics Program