DAOD 5516-5, Learning Disability Accommodation during Recruiting, Training and Education
Table of Contents
1. Introduction
Date of Issue: 2019-04-29
Date of Last Modification: 2024-08-08
Application: This DAOD is an order that applies to officers and non-commissioned members of the Canadian Armed Forces (CAF members).
Approval Authority: Chief Professional Conduct and Culture (CPCC)
Enquiries: Director Inclusion (DI)
2. Definitions
duty to accommodate (obligation de prendre des mesures d'adaptation)
The obligation of the Department of National Defence and the Canadian Armed Forces to adopt measures to eliminate disadvantage to current and prospective Department of National Defence employees, Canadian Armed Forces members and applicants to the Canadian Armed Forces, as a result of a rule, policy, practice or barrier that has or may have an adverse impact on individuals or designated groups protected under the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act or the Employment Equity Act. (Defence Terminology Bank record number 694596)
functional limitation (limitation fonctionnelle)
Any limitation of an individual’s functioning due to a learning disability. (Defence Terminology Bank new record number 695069)
learning disability (trouble d’apprentissage)
Any disability that may affect the acquisition, organization, retention, understanding or use of verbal or nonverbal information by an individual who otherwise demonstrates at least average abilities essential for thinking and reasoning. (Defence Terminology Bank new record number 694998)
Abbreviation | Complete Word or Phrase |
---|---|
BPSO |
Base Personnel Selection Officer |
CFRC |
Canadian Forces Recruiting Centre |
CO |
commanding officer |
DPGR |
Director Personnel Generation Requirements |
JBS |
job-based specification |
LD |
learning disability |
NCMGS |
non-commissioned member general specification |
OA |
occupation authority |
OFP |
operationally functional point |
OGS |
officer general specification |
QS |
qualification standard |
RMC |
Royal Military College of Canada |
RMC Saint-Jean |
Royal Military College Saint-Jean |
SOP |
standard operating procedure |
TA |
training authority |
U of S |
universality of service |
4. Overview
Interpretation
4.1 In this DAOD, unless the context provides otherwise, “individual” refers to a CAF member or a person seeking enrolment or re-enrolment in the CAF (a “CAF applicant”).
Purpose and Application
4.2 The purpose of this DAOD is to:
- meet the duty to accommodate individuals with LDs during recruiting, training and education;
- ensure human rights are respected when evaluating individuals; and
- ensure consistent and fair decisions in the accommodation of individuals, while ensuring that the operational requirements of the CAF are met.
4.3 This DAOD applies to:
- the recruiting of CAF applicants;
- the training of CAF members, including second language training and foreign language training; and
- the education of CAF members at RMC, RMC Saint-Jean and civilian institutions.
Note – This DAOD does not apply to the execution of skills and performance of tasks, duties or activities by CAF members that are not part of training or education.
Duty to Accommodate
4.4 The duty to accommodate the needs of individuals with LDs is a legal obligation under the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act and the Employment Equity Act. Subject to paragraph 4.5, the CAF must accommodate the needs of individuals with LDs unless accommodating those needs would impose undue hardship on the CAF, considering health, safety and cost.
4.5 The duty to accommodate the needs of individuals with LDs is subject to the requirement of U of S under which CAF members must at all times and under any circumstances perform any duties that they may be required to perform. For the minimum operational standards related to U of S, see DAOD 5023-1, Minimum Operational Standards Related to Universality of Service.
Learning Disabilities
4.6 The diagnosis and reporting of LDs has increased within the general population. Because of the evolution of research and awareness, persons with LDs have been able to achieve greater success in education and careers. Required awareness of LDs extends to CAF members who work in CFRCs (recruiters) and are involved in the recruiting of CAF applicants who have LDs.
4.7 The processes described in this DAOD will enable recruiters to direct a CAF applicant to the most appropriate military occupation, and a BPSO to redirect a CAF member if required to a more appropriate military occupation, considering their LD.
4.8 An LD is not specifically a medical issue unless medication is prescribed or the LD is the result of an illness or injury.
Disclosure of an LD
4.9 An individual is strongly encouraged, but not required, to disclose an LD to enable accommodation under this DAOD. An individual must not be subject to discrimination or harassment in any form on the basis of an LD or a perceived LD, for disclosing one or for the use of an accommodation.
4.10 A CAF member may disclose an LD at any time during their career.
4.11 Recruiters must encourage CAF applicants to disclose any LDs that they may have.
Accommodation
4.12 If an individual is capable despite an LD of meeting the minimum operational standards related to U of S, the needs of that individual must be accommodated unless accommodating those needs would impose undue hardship on the CAF considering health, safety and cost. The point of undue hardship is determined by the DPGR on a case-by-case basis. For additional information see the tables at paragraph 5.5, 5.6 and 5.7.
4.13 If an individual with an LD is not capable of meeting the minimum operational standards related to U of S, the needs of that individual will not be accommodated.
4.14 The availability of appropriate accommodations for individuals with diagnosed LDs provides military career counsellors during the recruiting of CAF applicants, and staff during the training and education of CAF members, with the means to evaluate these individuals, taking into consideration their needs while ensuring that the operational requirements of the CAF are met. This is in the best interests of the CAF and the individuals as it helps to ensure that they are given the opportunity to apply for military occupations that can best accommodate their specific LDs during recruiting, training or education, as applicable. This should ultimately result in better selection for appropriate military occupations and a subsequent reduction in training and education failures as a result of undiagnosed LDs. Ultimately, this will increase opportunities for success and promote a more inclusive work environment.
Assessment Validity
4.15 The QSs, including the second language QS, the foreign language QS and their applicability to operational settings (including the linguistic designation of position), reflect operational requirements. All CAF members undergoing training must meet the same performance objectives and job standards, and be tested under the same conditions as defined in the applicable QS. Accordingly, training cannot introduce any accommodation that cannot be maintained in the operational setting.
4.16 When changes for the purpose of an accommodation are made to the procedures, format or content of an assessment instrument for recruiting, training or education, there is a possibility that these changes may affect the level of qualification being assessed to achieve the minimum standard that is required. Individuals with LDs must demonstrate that they meet the required standard. Therefore, any accommodation provided must not alter the nature or the level of difficulty of a qualification being assessed. The use of different assessment methods or sources of information must be justified on the basis that such differential usage provides for a more accurate assessment of the individual, while remaining equitable and fair to others.
Approved Accommodations
4.17 Potential accommodations that may be considered for individuals with LDs include the following:
- the use of assistive technology to compensate for a functional limitation, including specialized computer programs or specially adapted tools such as calculators or text-talk converters;
- the use of communication devices, including tape recorders, computers or other adaptive equipment, which permit more effective learning or communication;
- scheduling changes, including extended time to complete a test or tasking, more frequently scheduled breaks or completing the task at a time most beneficial to the individual, recognizing operational requirements;
- human support in terms of extra assistance, including having someone proof-reading written work, providing extra practice and providing alternative methods of direction; and
- any other individualized support to provide a specific accommodation.
Implementation of Accommodations
4.18 Any plan for the implementation of accommodations is not permanent. It is specific to the required training or education of a CAF member for each specific military occupation, rank and workplace. Every effort will be made to evaluate recommended accommodations considering all training and education requirements of the current developmental period level of a CAF member in order to avoid the resubmission of an accommodation request. However, considering that QS changes significantly from one developmental period level to another and from one environment to another, accommodation requests must be resubmitted by the CAF member and re-evaluated when military factors change, such as further training for promotion and posting to a different command.
4.19 If an approved accommodation is implemented and imposes undue hardship on the CAF, a CAF applicant may be removed either temporarily or permanently from the recruiting process. In the case of a CAF member progressing through training or education, the CAF member should normally continue until a final determination is made that an approved accommodation imposes undue hardship on the CAF.
5. Learning Disability Accommodation Process
LD Assessment by Qualified Professional
5.1 An LD assessment can only be done by a qualified professional who is accredited with a regulated professional association. The assessment report provided by a professional should include the following:
- a clear description of the nature and extent of the functional limitations specific to the individual that result from the LD, including any professionally-recognized standardized test results and any use of systematic or differential assessments;
- one or more recommended accommodations;
- a list of any accommodations that the person is currently using or has used, as well as any means by which the individual compensates for the functional limitations;
- when applicable, a description of the variability or of the progression of the individual's functional limitations; and
- the individual’s history, whether educational, developmental or medical, if relevant to understanding the LD for the purpose of providing accommodation.
5.2 Any information concerning specific side effects of medication taken in respect of an LD, that is disclosed by an individual to a qualified professional during the LD assessment, must be forwarded to CAF medical personnel as directed by DPGR and is not to be included in the assessment report.
Accommodation Assessment by DPGR
5.3 In the conduct of the review of an assessment report, and determination if the implementation of recommended accommodations would impose undue hardship on the CAF, DPGR takes into consideration the following:
- all functional limitations that the individual with the LD is experiencing;
- the recommended accommodations to reduce or eliminate the functional limitations;
- the specific U of S and occupational tasks that are problematic as a result of the functional limitations;
- a determination as to whether U of S can be met given the functional limitations and recommended accommodations;
- the occupational tasks that can be met given the functional limitations and recommended accommodations;
- the impact, including safety or risk, to the individual and others;
- the ability to implement the recommended accommodations given security and health requirements and cost; and
- for university courses at RMC, RMC Saint-Jean and civilian institutions, an assessment of the academic course learning outcomes that can be achieved with the recommended accommodations.
Consent of Individual
5.4 The accommodation processes set out in this DAOD require the consent of the individual using Part 1 of DND Form 4458-E, Learning Disability Accommodation Request.
CAF Applicant at a CFRC/Reserve Unit
5.5 The following table outlines the accommodation process for a CAF applicant at a CFRC/Reserve Unit:
Step | Abbreviation | Complete Word or Phrase |
---|---|---|
1. | Informing the CAF applicant |
|
2. | Disclosure of LD by CAF applicant |
|
3. | CFRC/Reserve Unit staff review |
|
4. | CFRC/Reserve Unit action |
|
5. | Conduct of LD assessment |
|
6. | Report review and accommodation assessment |
|
7. | Communication to the CAF applicant |
|
8. | Incorporation of accommodations |
|
Note – The OFP occurs when a CAF member completes all qualifications required for first employment in their military occupation.
CAF Member up to their OFP
5.6 The following table outlines the accommodation process for a CAF member up to their OFP:
Step | Action | What Happens? |
---|---|---|
1. | Informing the CAF member |
|
2. | Disclosure of LD by CAF member |
|
3. | Unit review |
|
4. | CO action |
|
5. | Conduct of LD assessment |
|
6. | Report review and accommodation assessment |
|
7. | Communication to the CAF member |
|
8. | Incorporation of accommodations |
|
CAF Member After Achieving OFP
5.7 The following table outlines the accommodation process for a CAF member who has achieved their OFP (a “trained CAF member”):
Step | Action | What Happens ? |
---|---|---|
1. | Informing the CAF member |
|
2. | Disclosure of LD by CAF member |
|
3. | Unit review |
|
4. | CO action |
|
5. | Conduct of LD assessment |
|
6. | Report review and accommodation assessment |
|
7. | Communication to the CAF member |
|
8. | Incorporation of accommodations |
|
Denial of Accommodation Request
5.8 Any denial of an accommodation request must be substantiated based on specific provisions of DAOD 5023-1, Universality of Service, the OGS or NCMGS, JBSs or associated doctrine manuals.
CAF Applicant Decision Recourse
5.9 A CAF applicant who is not satisfied with the disposition of an accommodation request may submit:
- in the case of a discriminatory practice, a human rights complaint to the Canadian Human Rights Commission; or
- a complaint to the Office of the Ombudsman for the DND and the CAF in accordance with DAOD 5047-1, Office of the Ombudsman.
CAF Member Decision Recourse
5.10 A CAF member who is not satisfied with the disposition of an accommodation request may submit:
- a grievance in accordance with QR&O Chapter 7, Grievances;
- in the case of a discriminatory practice, a human rights complaint to the Canadian Human Rights Commission (see DAOD 5516-1, Human Right Complaints); or
- a complaint to the Office of the Ombudsman for the DND and the CAF in accordance with DAOD 5047-1.
6. Compliance and Consequences
Compliance
6.1 CAF members must comply with this DAOD. Should clarification of the policies or instructions set out in this DAOD be required, CAF members may seek direction through their chain of command, as appropriate. Military supervisors have the primary responsibility for and means of ensuring the compliance of their CAF members with this DAOD.
Consequences of Non-Compliance
6.2 CAF members are accountable to their military supervisors for any failure to comply with the direction set out in this DAOD. Non-compliance with this DAOD may have consequences for the DND and the CAF as institutions, and for CAF members as individuals. Suspected non-compliance may be investigated. Military supervisors must take or direct appropriate corrective measures if non-compliance with this DAOD has consequences for the DND or the CAF. The decision of an L1 or other senior official to take action or to intervene in a case of non-compliance, other than in respect of a decision under the Code of Service Discipline, will depend on the degree of risk based on the impact and likelihood of an adverse outcome resulting from the non-compliance and other circumstances of the case.
6.3 The nature and severity of the consequences resulting from non-compliance should be commensurate with the circumstances of the non-compliance and other relevant circumstances. Consequences of non-compliance may include one or more of the following:
- the ordering of the completion of appropriate learning, training or professional development;
- the entering of observations in individual performance appraisals;
- increased reporting and performance monitoring;
- the withdrawal of any authority provided under this DAOD to a CAF member;
- the reporting of suspected offences to responsible law enforcement agencies;
- the application of specific consequences as set out in applicable laws, codes of conduct, and CAF policies and instructions;
- other administrative or disciplinary action, or both; and
- the imposition of liability on the part of Her Majesty in right of Canada and CAF members.
7. Responsibilities
Responsibility Table
7.1 The following table identifies the responsibilities associated with this DAOD:
The... | is or are responsible for … |
---|---|
Commander, Military Personnel Command |
|
Commander, Canadian Forces Recruiting Group & Commander Military Personnel Generation |
|
Health Services |
|
DPGR |
|
OAs, TAs and occupation advisors |
|
DI |
|
CO of RMC, RMC Saint-Jean, a CFRC or any other unit |
|
PSO |
|
8. References
Acts, Regulations, Central Agency Policies and Policy DAOD
- Canadian Charter of Rights and Freedoms
- Canadian Human Rights Act and its regulations
- Employment Equity Act
- QR&O Chapter 7, Grievances
- DAOD 5516-0, Human Rights
Other References
- DAOD 5023-0, Universality of Service
- DAOD 5023-1, Minimum Operational Standards Related to Universality of Service
- DAOD 5047-1, Office of the Ombudsman
- DAOD 5516-1, Human Rights Complaints
- CDS Guidance to Commanding Officers
- A-P9-050-000/PT-001, Manual of Individual Training and Education, Volume 1, Canadian Forces Individual Training and Education System ̶ Introduction/Description
- Form DND 4458-E, Learning Disability Accommodation Request
- Military Employment Structure (MES) and Specifications, DPGR intranet site
- CFHS Instruction 4000-13 Enrollment Medical Procedures
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