Canadian Armed Forces Military Personnel Instruction 01/13 – Polygraph Screening Examination of Canadian Armed Forces Members by other Government of Canada Departments and Agencies

1. Identification

Date of Issue: 2013-04-16

Date of Modification: 2024-12-01

Application: This instruction applies to officers and non-commissioned members of the Canadian Armed Forces ("CAF members")

Approval Authority: Chief Military Personnel (CMP)

Enquiries: Administrative Response Centre (ARC)

2. Policy Direction

Context

2.1 The Canadian Armed Forces (CAF) enters into arrangements with other Canadian government departments and agencies that allows for the employment of CAF members within their organizations. Depending upon the security requirements of the department or agency, a CAF member may be asked by that department or agency to undergo a polygraph examination.

2.2 The CAF is committed to ensuring that CAF members who are being attached, seconded, exchanged or loaned to other departments or agencies and are asked to undertake a polygraph examination as part of the security measures for that department or agency and selection process are informed of their rights and understand the risks.

Policy Statement

2.3 This policy sets out the CAF position with respect to the pre-employment polygraph screening examination of CAF members by other Canadian government departments and agencies for employment in positions designated as sensitive. It provides direction and guidance to the chain of command with respect to the requirement to attain the voluntary and informed consent of a CAF member prior to undergoing a pre-employment polygraph screening examination.

Direction

2.4 To fill positions in other departments or agencies that impose a polygraph examination as a condition of employment in positions designated as sensitive, commanding officers and the chain of command must:

1. solicit volunteers for the targeted position prior to the selection of candidates;
2. inform all CAF members as part of the solicitation process:
   1. of the requirement for a pre-employment polygraph examination to assess their loyalty to Canada;
   2. of the requirement to provide information during the polygraph examination that is up-to-date, accurate, complete and honest to the best of their ability;
   3. that indications of deception or inconclusive responses during a polygraph examination may lead to security investigations by the department or agency involved in accordance with the laws and policies of the Government of Canada and/or the DND/CAF security authorities as set out in the National Defence Security Policy Chapters 35 and 36, and possible disciplinary or administrative investigations and actions;
   4. that an administrative or disciplinary action cannot be taken based solely on the results of a polygraph examination, but may be initiated based on the admissions and/or statements made during a polygraph examination;
   5. that the polygraph examination testing session is electronic video and/or audio recorded;
   6. that they may withdraw their consent to submit to a polygraph examination at any time prior to the test.
3. obtain in writing the informed and voluntary consent of the CAF member, which is predicated on the CAF member understanding the contents of the form at Annex A; and
4. ensure that a CAF member is only subjected to a polygraph examination during the screening process by departments or agencies that have mature polygraph programs with integrated legal guidelines of procedural fairness to ensure the protection of individual rights.

Informed Consent

2.5 A CAF member who volunteers for an attachment, secondment, exchange or loan with a department or agency that imposes the requirement for a pre-employment polygraph screening examination is required to complete and sign the Declaration, Acknowledgement and Consent form set out at Annex A prior to undertaking a polygraph examination.

2.6 A CAF member who refuses to provide informed consent must stop processing for the targeted employment position. No adverse inference, administrative or career actions are to be taken against a CAF member who refuses to provide or voluntarily withdraws their consent to undergo a polygraph examination.

3. Memorandum of Understanding

Memorandum of Understanding Considerations and Polygraph Testing Conditions

3.1 In accordance with DAOD 7014-1, Memoranda of Understanding Development, a Memorandum of Understanding (MoU) is required with the department or agency to set out the terms and conditions of the employment of the CAF member within that department or agency. The chain of command is required to consult with the DND MoU Coordinator to determine if an applicable MoU is currently in place and to seek legal advice from the Office of the Judge Advocate General (JAG) to confirm whether amendments are required to satisfy the conditions for polygraph testing. With respect to polygraph testing, amended and new MoUs must contain the following conditions with respect to the scope of the polygraph testing program:

1. it should be limited to the pre-employment screening of positions designated as sensitive;
2. it is limited to testing pertaining to loyalty;
3. it is only permitted to the extent necessary to meet the objectives of national security;
4. it is sufficiently mature and has additional safeguards such as strict quality controls and third party verifications;
5. it complies with standards of procedural fairness to ensure the protection of individual rights; and
6. any subsequent investigations that lead to knowledge of security risks are immediately disclosed to NDHQ/Departmental Security Officer.

4. References

Acts, Regulations, Central Agency Policies and Associated DAOD

• Canadian Charter of Rights and Freedoms
• Privacy Act
• Privacy Regulations
• Policy on Government Security, Treasury Board
• Personnel Security Standard, Treasury Board
• DAOD 7014-0, Memoranda of Understanding

Other References

• DAOD 7014-1, Memoranda of Understanding Development
• National Defence Security Policy 
• NDSP Chapter 35, Reliability Screening
• NDSP Chapter 36, Security Clearances

5. Annex

1. Annex A - Declaration, Acknowledgement and Consent Form