DAOD 5019-4, Remedial Measures

Identification

Date of Issue: 2007-07-13

Date of Modification: 2010-07-12

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

Supersession: CFAO 26-17, Recorded Warning and Counselling and Probation

Approval Authority: Chief of Military Personnel (CMP)

Enquiries: Director Military Career Policy and Grievance (DMCPG)

Definitions

Alcohol Misconduct (inconduite liée à l’alcool)
Alcohol misconduct has the same meaning as in DAOD 5019-7, Alcohol Misconduct.
Other Involvement with Drugs (autre implication dans des activités reliées aux drogues)
Other involvement with drugs has the same meaning as in DAOD 5019-3, Canadian Forces Drug Control Program.
Prohibited Drug Use (usage interdit de drogues)
Prohibited drug use has the same meaning as in DAOD 5019-3.
Sexual Misconduct (inconduite sexuelle)
Sexual misconduct has the same meaning as in DAOD 5019-5, Sexual Misconduct and Sexual Disorders.

General Principles

General

Each CF member is responsible for meeting standards of conduct and performance. If a CF member has demonstrated a conduct or performance deficiency, an appropriate remedial measure may be initiated.

Remedial measures are serious steps to assist a CF member in overcoming their conduct or performance deficiency and are based on established CF standards.

Standard of Conduct

The standard of conduct for a CF member is based on established military standards, ethics and values identified in regulations, orders, instructions and policies. CF members are required to meet the applicable standard of conduct.

Standard of Performance

The standard of performance for a CF member is based on established military standards applicable to the CF member’s current rank, military occupation, experience and position. The standard of performance establishes the level of performance expected of a CF member in the execution of duties, tasks and responsibilities.

This DAOD does not replace existing performance assessment procedures for untrained CF members undergoing individual training and education (IT&E) who fail to meet IT&E objectives.

Remedial Measures

Remedial measures are part of the range of administrative actions which may be initiated in respect of a CF member and are intended to:

Remedial measures initiated in respect of a CF member are, in increasing significance:

Initiating Authority

The initiating authority:

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Initiating Authority Table

The following table identifies the initiating authorities for conduct and performance deficiencies:

In the case of …

the initiating authority is …
  • prohibited drug use or other involvement with drugs;
  • sexual misconduct; or
  • alcohol misconduct,
  • the Director Military Careers Administration (DMCA);
  • the Director General Military Careers (DGMC);
  • the CMP; or
  • the Chief of the Defence Staff (CDS).
  • any other conduct or performance deficiency,
  • the commanding officer (CO) of the CF member or the officer designated by the CO;
  • the officer commanding the command or formation of the CF member;
  • the DMCA;
  • the Director Military Careers (D Mil C);
  • any officer of the rank of colonel or above at NDHQ;
  • the DGMC or any other director general at NDHQ;
  • the CMP; or
  • the CDS.

Administrative Actions

Administrative actions are initiated under regulations, orders, instructions or policies. In addition to the remedial measures set out in this DAOD, administrative actions include:

Administrative actions other than remedial measures may be initiated if:

For more information on administrative actions, see the General Principles map in DAOD 5019-2, Administrative Review.

Administrative Actions Versus Disciplinary Actions

Administrative actions are not punishments under the Code of Service Discipline.

Both disciplinary actions under the Code of Service Discipline and administrative actions are meant to address a CF member’s conduct or performance deficiency. They may operate independently or one may complement the other.

Disciplinary actions and administrative actions serve different purposes. Disciplinary actions possess a punitive aspect that administrative actions do not. Disciplinary action is initiated only if there are sufficient grounds to justify the laying of a charge under the Code of Service Discipline against a CF member.

Requirements for Remedial Measures

Requirement for a Remedial Measure

A remedial measure may be initiated if there is reliable evidence that establishes on a balance of probabilities that a CF member has demonstrated:

Identifying the Deficiency

A deficiency shall be categorized as a conduct deficiency or a performance deficiency, but not both. Identification of the CF member’s deficiency serves to focus on the monitoring objectives and to facilitate any staff or third party review of the CF personnel record.

If a CF member demonstrates different deficiencies at the same time, each deficiency shall be dealt with separately (e.g. if a member demonstrates a performance deficiency and is involved in drug and alcohol abuse, the initiating authority could initiate an IC for alcohol misconduct, an IC for performance deficiency and C&P for prohibited drug use).

Determining the Appropriate Action

In determining if a remedial measure should be initiated, an initiating authority shall consider:

Factors in Selecting a Remedial Measure

An initiating authority shall consider the following factors before selecting a remedial measure:

Progression of Measures

An initiating authority may select an appropriate remedial measure without progressing from IC to RW to C&P. If a CF member has demonstrated a conduct or performance deficiency, an initiating authority may review the CF personnel record and determine that other administrative action is warranted (e.g. a CF member whose CF personnel record contains two IC and one RW could be considered for further administrative action without C&P being initiated). The determining factor is not the number of measures, but rather the overall character of the CF member’s service.

An initiating authority may, in exceptional circumstances, initiate an administrative action other than a remedial measure in the absence of any previous remedial measures initiated in respect of the CF member.

A CF member who is awaiting or undergoing basic officer or recruit training may still be released immediately in accordance with QR&O Chapter 15, Release,for a conduct deficiency.

Number of Measures

There is no limit to the number of remedial measures to which a CF member may be subject to at any one time. For example, a CF member may be subject to IC for a conduct deficiency regarding harassment, RW for a performance deficiency regarding poor workmanship and C&P for a conduct deficiency regarding prohibited drug use, all at the same time.

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Remedial Measures Procedures

Description of a Deficiency

Adequate detail in describing the deficiency is required so that the necessary monitoring may occur and the remedial measure may be reviewed meaningfully by staff and third parties who are unfamiliar with the facts that gave rise to the measure.

The description of a conduct or performance deficiency shall not:

The following table sets out examples of how to describe a deficiency:

Case Example Poor Description Good Description

Conduct

Captain (Capt) XY harassed another CF member.

While an instructor, Capt XY placed a hand on the knee of a student CF member at a course party and said ‘let’s go to bed’. This conduct contravened DAOD 5012-0, Harassment Prevention and Resolution.

Performance

Corporal (Cpl) AB failed to dig a trench.

While employed as an infantryman during two recent exercises totalling four weeks in the field, Cpl AB continually demonstrated an inability to dig a standard machine-gun trench, despite having been given proper direction and assistance by section and platoon commanders, and ample opportunity to improve.

Conduct

Sergeant (Sgt) AZ was convicted of stealing.

Sgt AZ possessed several items of personal property belonging to other CF members of the squadron. Sgt AZ said the other CF members asked Sgt AZ to safeguard their property. However, every CF member reported their property missing and denied giving Sgt AZ permission to possess their property. Sgt AZ’s conduct failed to respect the principles and obligations of integrity, honesty and responsibility as set out in Annex A to DAOD 7023-1, Defence Ethics Program.

Administering a Remedial Measure

The initiating authority shall ensure that any remedial measure is administered in a confidential manner. The procedure to administer a remedial measure is as follows:

Step Action Notes

1

The initiating authority shall complete the appropriate form and identify the:

  • deficiency (conduct or performance) and provide a description of the deficiency;
  • selected remedial measure;
  • monitoring period; and
  • action required to correct the conduct or improve the performance.

To determine the appropriate form to use, see the Selecting the Appropriate Form block.

2

The initiating authority shall deliver, or cause to be delivered, the completed remedial measure form to the CF member and ensure the CF member is briefed on the:

  • measure initiated and its purpose;
  • duration of the monitoring period;
  • action required to overcome the deficiency;
  • schedule for progress-briefing sessions; and
  • consequences of failure to overcome the deficiency.

Before proceeding with C&P, the initiating authority shall provide the CF member with form DND 2827, Notice of Intent to Initiate Counselling and Probation (the “NOI form”). See the Notice of Intent and Initiation of C&P block.

3

 The initiating authority shall place a written account of each progress-briefing session in the CF personnel record.

Notice of Intent and Initiation of C&P

The procedure to deliver the NOI form and initiate C&P is as follows:

Step Action Notes

1

The initiating authority shall complete the NOI form and deliver it, or cause it to be delivered, to the CF member, informing the CF member of the following:

  • the initiating authority’s intention to initiate C&P;
  • the deficiency for which C&P is being initiated; and
  • the reasons that support the initiation of C&P.

2

The initiating authority shall disclose to the CF member copies of all documents that:

  • substantiate the proposed C&P; and
  • are to be considered before making a final decision.

The initiating authority shall not release information that would be exempt or excluded under a request made under the Access to Information Act or Privacy Act (see DAOD 1001-0, Access to Information and DAOD 1002-0, Personal Information for additional information). If there is any doubt as to whether information may be released, the initiating authority shall consult with the local representative of the Judge Advocate General (JAG).

3

The initiating authority shall provide the CF member with a reasonable opportunity, not less than 24 hours, in which to make written representations to the initiating authority.

A CF member may request assistance or additional time to make representations. The initiating authority may grant such a request if appropriate in the circumstances.

4

The initiating authority shall consider the CF member’s representations, if any, and shall then decide on the most appropriate action.

The CF member’s representations may cause an initiating authority to:

  • initiate C&P;
  • initiate IC or RW instead of C&P;
  • initiate other administrative actions; or
  • take no further action.

5

If the decision is to initiate C&P, the initiating authority shall complete form DND 2826, Remedial Measure.

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Selecting the Appropriate Form

The following table identifies the appropriate forms to be used when initiating a remedial measure:

Type of Remedial Measure The form to be used is …

IC or RW
  • Form DND 2826.
C&P
  • Form DND 2827 (the NOI form); and
  • Form DND 2826.

Delivery of the Appropriate Form and Briefing of the CF Member

When practical, the initiating authority shall personally deliver the appropriate forms and brief the CF member accordingly.

In other cases, the initiating authority may direct an officer to personally deliver the appropriate forms and to conduct the briefing with the CF member on the initiating authority’s behalf. The officer who delivers the forms shall notify the CF member that it is being done on the initiating authority’s behalf.

Evading Delivery

If a CF member appears to be evading the delivery of a form required under this DAOD, the initiating authority, or an officer acting on behalf of the initiating authority, may send the form by registered mail to the CF member.

The form sent by registered mail shall:

If the CF member fails to appear without good reason for the scheduled briefing, the initiating authority, or the officer acting on behalf of the initiating authority, shall annotate the initiating authority’s copy of the form that it was sent by registered mail and that the CF member failed to appear for a briefing, despite having been given the opportunity to do so.

The appropriate form shall be placed on the CF personnel record and be considered delivered to the CF member.

Official Language

All forms dealing with remedial measures, including their delivery and the relevant briefings, shall be in the CF member’s official language of choice.

Monitoring Period

For every remedial measure, a monitoring period shall be set. The monitoring period is intended to allow:

The monitoring period in which the CF member is to be regularly briefed and provided with the necessary leadership and support is set out in the following table:

If the CF member is on... the monitoring period shall be for … Amplification

IC or RW,

 a minimum of three months and a maximum of six months.

An initiating authority shall set out the monitoring period in the appropriate form.

A monitoring period normally begins on the day on which the CF member is briefed by or on behalf of the initiating authority.

When the monitoring period cannot begin immediately, or the monitoring period needs to be suspended (e.g. no regularly scheduled duty period, leave without pay (LWOP), etc.), an initiating authority may adjust the dates of the monitoring period in the interest of fairness to the CF member or for service reasons.

C&P other than for prohibited drug use or other involvement with drugs,

six months.

Note – An initiating authority may extend the monitoring period for up to a maximum of three months.

C&P for prohibited drug use or other involvement with drugs,

12 months.

Note – An extension of the monitoring period shall not be granted.

AR Case Files

AR case files shall be retained in accordance with policies and procedures set out in the following documents, as applicable:

Consequences of Remedial Measures

Career Implications

When C&P is initiated, a CF member’s eligibility for career opportunities is restricted. The following table sets out career consequences resulting from a remedial measure:

If the CF member is on... is the CF member still eligible for...
Promotion? career courses? posting? attached posting?

IC or RW,

Yes

Yes

Yes

Yes

C&P,

No

No

Note – There is no restriction on remedial IT&E courses meant to assist a CF member who is on C&P to overcome a conduct or performance deficiency.

No, except if:

  • the posting or attached posting is for an operational deployment; or
  • the DGMC determines otherwise.

Monitoring and Consequential Action

The following table describes the action that is required when:

During the monitoring period, if... At the end of the monitoring period, if... After the monitoring period, if...
the CF member demonstrates a repeat of the deficiency... the CF member has overcome the deficiency... the CF member has failed to overcome the deficiency... the CF member demonstrates a repeat of the deficiency...

the initiating authority shall:

  • consider whether the incident is serious enough to cancel the remainder of the monitoring period and to initiate a more significant remedial measure or other administrative action; or
  • assess the incident against the CF member’s overall performance at the end of the monitoring period.
  • the CF member shall be so informed in writing; and
  • a written summary by the initiating authority shall be placed on the CF member’s CF personnel record and distributed in accordance with this DAOD.

for which an IC or a RW had been initiated, a more significant remedial measure or administrative action shall be initiated.

for which a C&P had been initiated, an administrative review or other administrative action shall be initiated.

Note –Administrative action could result in the release of the CF member.

the initiating authority may initiate an administrative review or other administrative action.

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Reporting on the Personnel Evaluation Report

A reporting officer may comment on a CF member’s conduct or performance deficiency in accordance with the policy as set out in DAOD 5059-0, Performance Assessment of Canadian Forces Members.

Grievance

CF members who believe they have been aggrieved by any decision, act or omission under this DAOD may submit a grievance in accordance with QR&O Chapter 7, Grievances.

Administration

Permanent Record

It is important that the CF personnel record accurately reflect a complete history of the CF member’s service, conduct and performance.

All forms referred to in this DAOD and all correspondence indicating conclusion of a monitoring period shall be kept permanently on the CF personnel record.

The NOI form, any documents disclosed to the CF member and any representations made by the CF member shall be placed on the CF personnel record only if C&P is initiated.

Form Distribution

Correspondence and forms associated with remedial measures shall also be distributed as follows:

For a CF member of the … a copy of every form for … and... shall be forwarded to...

Regular Force, other than in the case of prohibited drug use or other involvement with drugs, sexual misconduct or alcohol misconduct,

C&P and the accompanying NOI form

any correspondence summarizing the conclusion of a C&P monitoring period

DGMC.

Reserve Force, other than in the case of prohibited drug use or other involvement with drugs, sexual misconduct or alcohol misconduct,

IC, RW, C&P and any accompanying NOI form

any correspondence summarizing the conclusion of a monitoring period

the area headquarters or equivalent.

Regular or Reserve Force in the case of prohibited drug use or other involvement with drugs, sexual misconduct or alcohol misconduct,

IC, RW, C&P and any accompanying NOI form

any correspondence summarizing the conclusion of a monitoring period

DGMC.

Responsibilities

Responsibility Table

The following table identifies the responsibilities associated with this DAOD:

The... is responsible for...

DMCPG

  • developing the conduct and performance deficiency remedial measures policy.

DMCA

  • initiating appropriate remedial measures in any case of prohibited drug use or other involvement with drugs, sexual misconduct or alcohol misconduct.

initiating authority
  • initiating appropriate remedial measures for conduct and performance deficiencies;
  • taking appropriate action to ensure that the CF member is regularly briefed during the monitoring period and is provided the leadership and support needed to overcome the deficiency;
  • indicating completion of any remedial measure monitoring period as specified in the Permanent Record and Form Distribution blocks; and
  • consulting with the local representative of the JAG as appropriate.

References

Source Reference

Related References