DAOD 5012-0, Harassment Prevention and Resolution
Date of Issue: 2000-12-20
Application: This DAOD is an order that applies to members of the Canadian Forces (CF) and a directive that applies to civilian employees of the Department of National Defence (DND).
- CFAO 19-39, Harassment
- CPAO 7.18, Harassment
Approval Authority: This DAOD is issued under the authority of the Chief of Military Personnel (CMP) and the Assistant Deputy Minister (Human Resources-Civilian) (ADM (HR-Civ)).
- Director Human Rights and Diversity (DHRD)
- Director Labour Relations Policies and Programs (DLRPP)
- Harassment (harcèlement)
- Harassment is any improper conduct by an individual that is directed at and offensive to another person or persons in the workplace, and that the individual knew or ought reasonably to have known would cause offence or harm. It comprises any objectionable act, comment or display that demeans, belittles or causes personal humiliation or embarrassment, and any act of intimidation or threat. It includes harassment within the meaning of the Canadian Human Rights Act (CHRA).
- Note 1 - Where harassment involves misuse of the power or authority inherent in an individual's position, it constitutes an abuse of authority. Conduct involving the proper exercise of responsibilities or authority related to the provision of advice, the assignment of work, counseling, performance evaluation, discipline, and other supervisory/leadership functions does not constitute harassment. Similarly, the proper exercise of responsibilities or authority related to situations where, by virtue of law, military rank, civilian classification, or appointment, an individual has authority or power over another individual does not constitute harassment.
- Note 2 - Where harassment involves the coerced participation, expressed or implied, in improper initiation rites, ceremonies or other events, it constitutes hazing.
- Level 1 and Level 2 Advisors (conseillers des niveaux 1 et 2)
- Level 1 and Level 2 Advisors are persons who occupy positions identified in the Position Equivalency Table in Support of the Delegation Matrix in the Delegation of Authorities for Financial Administration for DND and the CF (A-FN-100-002/AG-006).
- Responsible Officers (agents responsables)
- Responsible Officers are:
- directors general and their superior officers at National Defence Headquarters (NDHQ);
- the formation commander at a formation headquarters or, if otherwise directed by the commander, the chief of staff or equivalent officer;
- the commanding officer (CO) of a formation headquarters if so directed by the formation commander in the case of complaints made by CF members;
- other COs; and
- senior civilian managers in charge of field units.
- Workplace (milieu de travail)
- Workplace means the physical work location and the greater work environment where work-related functions and other activities take place and work relationships exist.
The CF and DND affirm that a work environment that fosters teamwork and encourages individuals to contribute their best effort in order to achieve Canada's defence objectives is essential. Mutual trust, support and respect for the dignity and rights of every person are essential characteristics of this environment. Not only is harassment in certain forms against the law, but it erodes mutual confidence and respect for individuals and can lead to a poisoned work environment. As a result, operational effectiveness, productivity, team cohesion and morale are placed at risk.
Detailed information is contained in the Harassment Prevention and Resolution Guidelines.
The CF and DND are committed to providing a respectful workplace by promoting prevention and prompt resolution of harassment. All CF members and DND employees have the right to be treated fairly, respectfully and with dignity in a workplace free of harassment, and they have the responsibility to treat others in the same manner.
Harassment in any form constitutes unacceptable conduct and will not be tolerated. No CF member or DND employee shall subject any person in the workplace to harassment. Any member or employee who subjects another person to harassment is liable to disciplinary and administrative action.
The CF and DND shall:
- inform all CF members and DND employees about behaviour that constitutes harassment; their rights and responsibilities under this policy, ways of dealing with conflict and harassment; and the resources available to them;
- provide supervisors and Responsible Officers with guidance, support and training to carry out their responsibilities to prevent harassment and resolve any conflict and harassment situations that may occur;
- establish a resolution process, including:
- a complaint procedure;
- methods of resolving complaints; and
- remedial, corrective and restorative measures; and
- monitor the effectiveness of this policy.
Leaders and managers at all levels have a duty to take immediate steps to stop any harassment they witness or that is brought to their attention.
All persons in the workplace have the responsibility to ensure a harassment-free workplace and to treat everyone in the workplace respectfully.
Under the Public Service Employment Act (PSEA), if a DND employee has subjected any person in the workplace to harassment, the DND employee may be deployed within the DND without their consent. This does not constitute a disciplinary measure. For further information on how this action is to be administered, consult the DND/CF Harassment Prevention and Resolution Guidelines.
The following table identifies the authorities for implementing the harassment policy:
|The...||has/have the responsibility and authority to...|
CMP and ADM (HR-Civ)
approve policy and procedures concerning harassment.
Level 1 Advisors
implement harassment prevention and resolution programs/processes for their organizations that are consistent with this policy.
Level 2 Advisors
deploy if warranted, following an investigation and in consultation with Director General Labour Relations and Compensation (DGLRC), a DND employee found to have subjected any person in the workplace to harassment.
carry out the responsibilities outlined in the Harassment Prevention and Resolution Guidelines.
- Canadian Human Rights Act
- Treasury Board, Policy on the Prevention and Resolution of Harassment in the Workplace
- Access to Information Act
- Privacy Act
- Public Service Employment Act
- DAOD 5016-0, Standards of Civilian Conduct and Discipline
- Guidelines for Civilian Discipline
- DAOD 5019-1, Personal Relationships and Fraternization
- DAOD 5019-4, Remedial Measures
- DAOD 5019-5, Sexual Misconduct and Sexual Disorders
- DAOD 5026-0, Civilian Grievances
- Guidelines for Civilian Grievances
- CFAO 19-40, Human Rights - Discrimination
- CFAO 19-43, Racist Conduct
- CFAO 21-9, Boards of Inquiry and Summary Investigations - General Instructions
- CPAO 2.02, Human Rights - Discrimination
- CANFORGEN 018/00 261350Z JAN 00 CDS/DM, Conflict Management Project
- CATO 13-24, The Cadet Harassment and Abuse Prevention (CHAP) Program in the Canadian Cadet Movement (CCM)
- A-PM-007-000/FP-001, Harassment Prevention and Resolution Guidelines
- A-FN-100-002/AG 006, Delegation of Authorities for Financial Administration for DND
- Defence Ethics Program Implementation Handbook
- Communications Security Establishment Human Resources Policy
- Canadian Forces Personnel Support Programs Policy Manual - Volume 5, Policy and Procedures Manual
- Junior Canadian Ranger - Preventing Harassment and Abuse Through Successful Education (PHASE)