DAOD 5039-4, Translation – Producing and Procuring Documents in Both Official Languages

Table of Contents

  1. Introduction
  2. Definitions
  3. Abbreviations
  4. Overview
  5. Producing and Procuring Documents in Both Official Languages
  6. Compliance and Consequences
  7. Responsibilities
  8. References

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1. Introduction

Date of Issue: 1999-03-31

Date of Last Modification: 2024-01-12

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).

Supersession:

Approval Authorities:

Enquiries: Director Official Languages (DOL)

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2. Definitions

central services (services centraux)

Services normally necessary for a DND employee or a CAF member to perform their duties. (Defence Terminology Bank record number 696971)

personal services (services personnels)

Services that affect a DND employee or a CAF member on a personal level. (Defence Terminology Bank record number 696998)

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3. Abbreviations

Abbreviation Complete Word or Phrase
CMPC (CCPM) Commander Military Personnel Command
L1 (N1) level one advisor
MOU (PE) memorandum of understanding
OL (LO) official language
OPI (BPR) office of primary interest
PSPC (SPAC) Public Services and Procurement Canada
TB (CT) Treasury Board

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4. Overview

Interpretation 

4.1 In this DAOD:

Context

4.2 The Official Languages Act, the TB Policy on Official Languages and DAOD 5039-0, Official Languages, require that the documents referred to in paragraph 5.2 be in both OLs. This DAOD sets out the requirements and procedures for the production and procuring of documents in both OLs.

4.3 This DAOD should be read in conjunction with the TB Directive on Official Languages for Communications and Services.

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5. Producing and Procuring Documents in Both Official Languages

Operating Principles

5.1    When producing and procuring a document in both OLs, whether purchasing a bilingual document, producing it in-house or having the document translated into the other OL, the DND and the CAF must ensure that the English and French versions are:
       a.of equal quality; and
       b.available simultaneously.

Determining the Need for Both OLs

5.2  A document must be in both OLs if it:

       a. is intended for the public in the National Capital Region, or in any point of service designated as bilingual for                       communication with, and services to, the public;
       b. relates to the health, safety or security of DND employees, CAF members or their families;

       c. is required for training purposes or for the occupational instruction of CAF members;
       d. is required for use as a work instrument or for supervision related to personal services for CAF members and their             families;
       e. is required for use as a work instrument or for supervision related to central services for DND employees and CAF                members in a bilingual region; or

       f. is intended, either at the outset or following redistribution, for DND employees and CAF members of both linguistic            groups.

5.3 A document may be drafted in the originator’s OL of choice but must be translated prior to final distribution or publication.

5.4 A document circulated for comment must be clearly marked as “DRAFT.” Comments may be provided in the responder’s OL of choice in the case of any document referred to in paragraph 5.2.

Means of Procuring Bilingual Documents

5.5 When a document in both OLs is required, the OPI may:

        a. purchase the bilingual version, especially for technical documents;
        b. produce a bilingual document for short texts of an administrative nature by:
             i. having the originator translate the document;
             ii. using in-house translators or other internal resources;
             iii. using approved translation software; or
        c.  have the document translated through the Translation Bureau or through the private sector.

5.6 OPIs who negotiate and conclude contractual arrangements with the private sector for the translation of documents must comply with the following:
        a.  the TB Policy on the Planning and Management of Investments; and 
        b.  the TB Directive on the Management of Procurement.

5.7 The DND and the CAF must pay for the translation of documents from translation funds allocated within respective operating budgets.

MOU with the Translation Bureau

5.8 The MOU for linguistic services between the Translation Bureau and the DND and the CAF outlines the conditions under which the Translation Bureau provides translation services.

5.9 This MOU allows L1s who wish to do business with the Translation Bureau to determine their translation needs and obtain translation and specialized linguistic services as required.

Terminology

5.10 All translations must be consistent with approved DND and CAF terminology.

5.11 The Director Strategy and Programme Oversight manages DND and CAF terminology through the Defence Terminology Programme.
5.12 The order of precedence of approved terminology sources is set out in paragraph 5.13 of DAOD 6004-1, Defence Terminology Programme. Any question related to terminology should be sent to +Terminology@ADM(IM) DDIMP@Ottawa-Hull.

Translation Software

5.13 Unlicensed online translation software may only be used for unclassified information that is releasable to the public.

5.14 Any licensed online translation services or related technologies being considered for procurement must first receive architectural and IT security approval from the Chief Information Officer Group (CIOG). Upon approval, the CIOG will confirm the highest classification or designation of information that may be translated.

Quality Assurance

5.15 An OPI is responsible for the linguistic quality and accuracy of the content of their documents in both OLs.

5.16 When an OPI does not have the internal resources to perform OL quality assurance of their documents, the OPI may:
            a. ask their L1 OL quality advisor to do the revision, if the position has been established and staffed within their L1                 organization;
            b. purchase revision services from the Translation Bureau; or
            c. purchase revision services from the private sector.

Note  – The Civilian Job Library provides that “OL quality advisor” is a job title for a specific approved position, not a secondary duty.

5.17 To ensure quality, it is recommended that a document be translated at the outset by a translator of the Translation Bureau or by a member of an authorized provincial association of translators. If approved translation software is used, verification of the quality of the translated document must occur before any use for official purposes.

5.18 When translation is a contracted requirement, the supplier must provide an attestation that the translation perfectly mirrors the original text in its content and form.

Technical Documentation

5.19 When producing technical documentation, an OPI must comply with the provisions in this DAOD and in A-LM-505-010/JS-001, Official Languages Requirements for Technical Documentation.

Copyright

5.20 Documents not published by the DND or the CAF are generally subject to copyright. Accordingly, the OPI must obtain written authorization from the copyright holder before proceeding with translation.

Sensitive Information

5.21 Access to sensitive information, i.e., classified or protected information, must be limited to DND employees and CAF members who have a security clearance or reliability status sufficient for access to the information and whose duties require them to access that information.

5.22 Personnel at the Translation Bureau have the capacity to handle sensitive information in an appropriate manner. Personnel from other translation suppliers must be verified in each case to ensure an appropriate security clearance or reliability status is held. Translation software must not be used for sensitive information.

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6. Compliance and Consequences

Compliance

6.1 DND employees and CAF members must comply with this DAOD. Should clarification of the policies or instructions 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. Managers and military supervisors have the primary responsibility for and means of ensuring the compliance of their DND employees and CAF members with this DAOD.

Consequences of Non-Compliance

6.2 DND employees and CAF members are accountable to their respective managers and military supervisors for any failure to comply with the direction set out in this DAOD. Non-compliance with this DAOD may result in administrative action, including the imposition of disciplinary measures, for a DND employee, and administrative or disciplinary action, or both, for a CAF member. Non-compliance may also result in the imposition of liability on the part of His Majesty in right of Canada, DND employees, and CAF members.

Note – In respect to the compliance of DND employees, see the TB Framework for the Management of Compliance for additional information.

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7. Responsibilities

Responsibility Table

7.1 The following table identifies the responsibilities associated with this DAOD:

The, a or an … is or are responsible for …

L1s

  • negotiating service agreements with the Translation Bureau or the private sector for translation services;
  • authorizing translation expenses;
  • assigning translation service contracts within the limits prescribed for service contracts;
  • developing procedures and guidelines for obtaining translation services in their organizations; and
  • ensuring that all general content and documents uploaded on sites are in both OLs.

CPCC

  • delegating approval authority to a director to act as the signatory for the MOU for OLs.

CMPC

  • delegating approval authority to a director to act as the signatory for the MOU for foreign languages.
Chief Information Officer
  • supporting integration and implementation of translation technologies through the IT capability requirement request process;
  • authorizing the use of online translation services or related technologies on the defence enterprise system;
  • leading and establishing governance frameworks and processes for terminology management and the standardization of defence terminology; and
  • delegating approval authority to a director to act as the signatory for the MOU for terminology.
DOL
  • developing DND and CAF translation policy; and
  • drafting, on behalf of the DND and the CAF, the MOU for OLs with the Translation Bureau.
coordinators of official languages
  • working as the OL subject matter experts within their L1 organizations; and
  • providing in-depth information regarding translation services within their L1 organizations.
DND employees and CAF members
  • producing or procuring documents in both OLs in accordance with this DAOD.

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8. References

Acts, Regulations, Central Agency Policies and Policy DAOD

Other References

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