DAOD 2005-1, Service Dog Access to Defence Establishments
Table of Contents
Date of Issue: 2017-09-28
Application: This Defence Administrative Order and Directive (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).
Approval Authority: Vice Chief of the Defence Staff (VCDS)
Enquiries: Director of General Safety (D Safe G)
Any previous or existing mental or physical disability and includes disfigurement and previous or existing dependence on alcohol or a drug. (Section 25 of the Canadian Human Rights Act)
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)
medical practitioner (médecin)
A person lawfully entitled to practise medicine in the place in which the practice is carried on by that person. (Section 2 of the Canada Health Act)
service dog team (équipe cynophile d’assistance)
A service dog and either its service dog trainer or the person with a disability. (Defence Terminology Bank record number 694595)
3.1 Service dog access to defence establishments is to be managed uniformly and fairly with due consideration for the needs of those people granted access with service dogs and all other people in the workplace.
Legal and Institutional Requirements
3.2 The needs of a DND employee or CAF member who makes an accommodation request for service dog access to a defence establishment are to be balanced with legal and institutional requirements, including:
- the duty to accommodate;
- the principle of universality of service as it applies to CAF members;
- concerns for the environmental sensitivities of other persons;
- respect for religious beliefs;
- health and safety in the workplace; and
- the primacy of CAF operations.
3.3 Accommodation requests for service dog access to defence establishments, including requests by DND employees and CAF members returning to the workplace through, for example, the Department of National Defence (DND) Return to Work Program or the Canadian Armed Forces (CAF) Return to Duty Program, are to be considered on a case by case basis at the lowest suitable managerial or chain of command level in accordance with the Authority Table in DAOD 2005-0, Service Dogs, and in consideration of the complexity of each situation.
4.1 A DND employee or CAF member with a disability must submit an accommodation request for service dog access to a defence establishment in writing to the appropriate DND manager or CAF officer having control over the defence establishment or area of the defence establishment to be accessed by the service dog.
Accommodation Request Requirements
4.2 A DND employee or CAF member making an accommodation request for service dog access to a defence establishment must provide to the approval authority:
- a recommendation from a medical practitioner for the use of a service dog;
- certification and supporting documentation for the service dog team; and
- proof of up-to-date yearly core vaccinations recommended by the Canadian Veterinary Medical Association and administered by an authorized medical professional of veterinary medicine.
Considering and Deciding Accommodation Requests
4.3 When considering an accommodation request, the DND manager or CAF officer should:
- gather relevant information and assess needs by identifying factors for consideration such as:
- undue hardship;
- the medical certifications of the DND employee or medical category of the CAF member with a disability;
- any functional limitations and safety issues of the DND employee or CAF member with a disability;
- whether the health and safety of other persons at the defence establishment would be compromised by the presence of a service dog; and
- any potential functional limitations of co-workers;
- make an informed decision by:
- documenting the process that was followed in considering and deciding the request of the DND employee or CAF member;
- informing the DND employee or CAF member of the decision; and
- retaining the decision on the personal file of the DND employee or CAF member;
- implement the decision by putting in place the appropriate mechanisms to carry out the accommodation; and
- monitor the accommodation by:
- reviewing the accommodation and prevailing circumstances on a regular basis;
- modifying the accommodation if necessary;
- informing the DND employee or CAF member of any modification to the accommodation and the changed circumstances that necessitated the modification; and
- documenting any changes to the accommodation.
Prior to Entering the Workplace
4.4 A service dog must be properly identified prior to entering the workplace, typically by wearing some form of cape, vest or harness marked to indicate its service dog status.
4.5 A service dog in training is considered to have the same access rights as a trained service dog, provided it is accompanied by the trainer or the person with a disability.
Complex Accommodation Requests
4.6 When necessary, a complex accommodation request may be submitted to the next higher level of DND management or the CAF chain of command for consideration and a decision.
4.7 Approval authorities at all levels should obtain advice from the D Safe G prior to making a decision on a complex accommodation request.
Accommodation Requests – Other than DND employees and CAF members
4.8 Every day, defence establishments across Canada are accessed by many people other than DND employees and CAF members. Whether it is school children visiting a military museum, service technicians making service calls, contractors performing their contracts or suppliers resupplying kitchens, messes and retail outlets, DND managers and CAF officers having control of defence establishments must be prepared to respond to a temporary accommodation request from any person seeking access with a service dog.
4.9 DND managers and CAF officers having control of defence establishments should establish an expedited process or standing operating procedure for the granting of immediate, short-term, temporary access to limited areas of a defence establishment to a service dog team without:
- complying with the full consideration and decision process set out in paragraph 4.2; and
- requiring the provision of documents under paragraph 4.3.
4.10 Persons other than DND employees and CAF members who have been granted access to a defence establishment under paragraphs 4.8 and 4.9, and who request accommodation for subsequent access to the defence establishment or access to the defence establishment over an extended period, are required to submit a formal request for accommodation in accordance with the provisions of this DAOD.
4.11 Any person granted temporary accommodation under paragraphs 4.8 and 4.9 may be summarily excluded from the defence establishment if one or more of the situations set out in paragraph 4.13 arise or apply.
4.12 Defence establishments are subject to federal laws. However, the DND and the CAF may follow provincial and territorial laws as a matter of policy, to the extent that such laws do not conflict with DND and CAF federal obligations. When DND or CAF authorities receive a request for accommodation for service dog access to a defence establishment, they should be guided by their obligations under the Canadian Charter of Rights and Freedoms, Canadian Human Rights Act and Part II of the Canada Labour Code. In considering whether an accommodation can be made short of undue hardship, any laws dealing with service animals applicable in the province or territory may be informative to the extent that they do not conflict with those federal obligations.
Situations of Exclusion
4.13 A service dog may be excluded from a defence establishment or specific areas of a defence establishment if one or more of the following situations arise or apply:
- the behavior of the service dog on the defence establishment includes biting, excessive growling or barking, or other disruptive or aggressive acts, which the person with a disability is unable to effectively control;
- a law or regulation applicable to the defence establishment provides that service dogs must be excluded from certain areas or facilities, such as food preparation areas or swimming pools;
- the DND or CAF approval authority who approved the accommodation request becomes aware that the presence of the service dog is having an adverse impact on the health or safety of other people in the workplace and no further accommodation measures to control that impact can be considered short of undue hardship;
- the health or safety of the service dog cannot be assured; and
- the presence of the service dog in the workplace would cause undue hardship on the basis of health, safety or cost.
4.14 When a service dog is excluded from a defence establishment or specific area of a defence establishment for being disruptive or for aggressive behaviour, a subsequent request for accommodation for service dog access to the defence establishment or area involving the same service dog must only be considered after:
- the service dog team has been re-trained and re-certified to the original standard; and
- evidence that the service dog will not be disruptive or aggressive is provided to the satisfaction of the appropriate DND or CAF approval authority.
Note – Any leave taken by a person with a disability in order to undergo re-training as part of a service dog team is determined, in the case of a DND employee, in accordance with terms and conditions of their employment or, in the case of a CAF member, in accordance with the provisions of A-PP-005-LVE/AG-001, Canadian Forces Leave Policy Manual.
5.1 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
5.2 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 have consequences for both the DND and the CAF as institutions, and for DND employees and CAF members as individuals. Suspected non compliance may be investigated. Managers and 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 a level one advisor (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 regarding a CAF member, will depend on the degree of risk resulting from the non compliance and other circumstances of the case.
5.3 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:
- denial of service dog access to the defence establishment upon presenting fraudulent or falsified training or certification documents for the service dog or service dog team;
- the ordering of the completion of appropriate learning, training or professional development;
- the entering of observations in individual performance evaluations;
- increased reporting and performance monitoring;
- the withdrawal of any authority provided under this DAOD to a DND employee or 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 DND and CAF policies and instructions;
- other administrative action, including the imposition of disciplinary measures, for a DND employee;
- other administrative or disciplinary action, or both, for a CAF member; and
- the imposition of liability on the part of Her Majesty in right of Canada, DND employees and CAF members.
Note – In respect to the compliance of DND employees, see the Treasury Board Framework for the Management of Compliance for additional information.
6.1 The following table identifies the responsibilities associated with this DAOD:
|The, a or an …||is or are responsible for …|
|Chief of Military Personnel and the Assistant Deputy Minister (Human Resources – Civilian)||
|L1s in receipt of an accommodation request for service dog access to a defence establishment||
|D Safe G||
|DND senior managers and CAF base, wing and formation commanders in receipt of an accommodation request for service dog access to a defence establishment||
|DND managers and CAF unit commanding officers in receipt of an accommodation request for service dog access to a defence establishment||
Acts, Regulations, Central Agency Policies and Policy DAOD
- Canadian Charter of Rights and Freedoms
- Canada Health Act
- Canada Labour Code
- Canadian Human Rights Act
- Employment Equity Act
- Framework for the Management of Compliance, Treasury Board
- DAOD 2005-0, Service Dogs
- DAOD 2007-0, Safety
- DAOD 2007-1, General Safety Program
- DAOD 5015-0, Workplace Accommodation
- DAOD 5018-0, Injured Members and Military Casualties
- DAOD 5018-RTD, Canadian Armed Forces Return to Duty Program (draft)
- DAOD 5516-0, Human Rights
- DAOD 5516-3, Religious or Spiritual Accommodation
- A-GG-040-001/AG-001, General Safety Program, Volume 1, Policy and Program
- A-GG-040-003/AG-001, General Safety Program, Volume 3, General Safety Training
- A-GG-040-009/AG-001, General Safety Program, Return to Work Program Manual
- A-PP-005-LVE/AG-001, Canadian Forces Leave Policy Manual
- Assistance Dogs International Web site (available in English only)
- International Guide Dog Federation Web site (available in English only)
- Meghan Search and Rescue (MSAR) Web site (available in English only)
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