DAOD 5019-3, Canadian Forces Drug Control Program


1. Introduction

Date of Issue: 2006-03-10

Date of Last Modification: 2014-07-11

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

Supersession:

  • CFAO 19-21, Canadian Forces Drug Control Program
  • CANFORGEN 034/04, Misuse Of Drugs – Amplification Of Guidance Governing Releases In Drug-Related Cases
  • CANFORGEN 109/09, Designation of DMCA as Coordinator for CF Drug Control Program

Approval Authority: Chief of Military Personnel (CMP)

Enquiries:

  • Director Military Careers Policy and Grievances (DMCPG) (for policy)
  • Director Military Careers Administration (DMCA) (for policy administration)
  • Director General Health Services (DGHS) (for health education)

2. Definitions

In this DAOD … means …

accident

the same as in QR&O article 20.01, Definitions.

adulterated sample

a sample of urine containing:

  • a substance that is not a normal constituent; or
  • an endogenous substance at a concentration that is not a normal physiological concentration.

CAF medical care provider

a medical officer, a civilian contract physician or a base/wing addiction counsellor.

diluted sample

a sample of urine with creatinine and specific gravity values that are lower than expected for human urine.

drug

the same as in QR&O article 20.01.

duty

the same as in subsection 33(4) of the National Defence Act.

incident

the same as in QR&O article 20.01.

other involvement with drugs

any act, other than prohibited drug use, that:

  • involves a drug or is committed with the intent to commit an act that involves a drug; and
  • is an offence under federal legislation.

prohibited drug use

any use of drugs contrary to QR&O article 20.04, Prohibition.

substituted sample

a sample of urine with creatinine and specific gravity values that are so diminished or divergent that they are not consistent with normal human urine.

use

the same as in QR&O article 20.01.

3. General Principles

CAF Commitment

3.1 The CAF is committed to a drug-free workforce by providing the appropriate tools and information to reduce or eliminate the drug-risk behaviours of CAF members.

The Canadian Forces Drug Control Program (CFDCP)

3.2 QR&O Chapter 20, Canadian Forces Drug Control Program, sets out the essential elements of the CFDCP and provides the legal authority for testing for drug use by CAF members.

3.3 QR&O article 20.04 prohibits the use of any drug by CAF members, except as set out in paragraphs (a), (b) and (c) of that article.

3.4 CMP has the superintendence of the administration of the CFDCP.

3.5 See A-AD-005-DCP/AG-000, Canadian Forces Drug Control Program Manual for detailed administrative direction in respect of the CFDCP.

Purpose

3.6 This DAOD sets out instructions and provides information in relation to the CFDCP.

4. Education

General

4.1 QR&O paragraph 20.05(2), Education, sets out the information that should be contained, as a minimum, in drug education programs for CAF members.

Specific Programs

4.2 Specific drug education programs consist of:

  1. informing applicants on enrolment in the CAF, and CAF members during recruit and basic officer training and leadership courses, of the content of QR&O Chapter 20 and this DAOD;
  2. ensuring that CAF members regularly receive drug awareness information under the Health Promotion Program in relation to the educational requirements under QR&O article 20.05; and
  3. requiring that CAF members in leadership positions be trained under the Health Promotion Program to:
    1. identify the signs of prohibited drug use;
    2. take an active role in detection; and
    3. provide guidance and information to CAF members.

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5. Deterrence and Detection

General

5.1 The chain of command and individual CAF members are responsible for the deterrence and detection of prohibited drug use and other involvement with drugs by CAF members.

Other Involvement with Drugs

5.2 The following table amplifies "other involvement with drugs" by a CAF member:

For the purposes of this DAOD, other involvement with drugs consists of, but is not limited to …

Examples of drug-related conduct that does not constitute other involvement with drugs for the purposes of this DAOD include, but are not limited to …

  • drug possession;
  • drug trafficking;
  • drug cultivation;
  • possession of drug paraphernalia;
  • breaking and entering to obtain drugs;
  • stealing drugs; and
  • administration of a noxious thing.
  • being present during prohibited drug use by other persons;
  • failing to report prohibited drug use or other involvement with drugs by another CAF member;
  • advocating the decriminalization of drugs; and
  • possessing marihuana for medical purposes in accordance with applicable laws.

Range of Actions

5.3 The range of actions employed by the CAF to deter and detect prohibited drug use and other involvement with drugs, as described in detail in the Education map and other blocks, includes:

  1. education;
  2. CFDCP implementation;
  3. individual reporting;
  4. enforcement;
  5. investigation;
  6. notification of DMCA;
  7. review of duties;
  8. drug testing; and
  9. other appropriate administrative or disciplinary action, or both.

CFDCP Implementation

5.4 The chain of command is responsible for establishing programs to ensure a drug-free and impairment-free workforce. This includes education under the CFDCP, as well as taking appropriate action if prohibited drug use or other involvement with drugs is suspected.

Individual Reporting

5.5 CAF members have a responsibility to report infringements of the CFDCP to the appropriate CAF authorities.

Enforcement

5.6 All levels of the chain of command are responsible for taking appropriate measures under the CFDCP if suspected prohibited drug use or other involvement with drugs is brought to their attention.

Investigation

5.7 A commanding officer (CO) must ensure that any suspected prohibited drug use or other involvement with drugs is investigated as soon as practicable.

5.8 The CO may contact the Military Police or the Canadian Forces National Investigation Service for assistance and guidance in determining the most appropriate form of investigation.

5.9 Upon initiation of an investigation of suspected prohibited drug use or other involvement with drugs, the CO must consult with DMCA in regard to both testing and administrative recourse.

Notification of DMCA

5.10 If prohibited drug use or other involvement with drugs is suspected on reasonable grounds to have taken place, the CO must immediately advise DMCA using the appropriate form in A-AD-005-DCP/AG-000.

Review of Duties

5.11 If a CO has reasonable grounds to believe that a CAF member has been engaged in prohibited drug use or other involvement with drugs, the CO must conduct a review of the CAF member's present duties with respect to:

  1. considering the temporary re-assignment of the CAF member to different duties within the unit;
  2. the implications for security, as outlined in the National Defence Security Policy, Chapter 36, Security Clearances, and
  3. the implications for human reliability.

5.12 If required, a Change of Circumstances Report must be forwarded in accordance with National Defence Security Policy, Chapter 36.

Drug Testing

5.13 To monitor and detect drug use, QR&O Chapter 20 authorizes mandatory drug testing for specific purposes in defined circumstances.

5.14 DMCA must be consulted for any clarification of drug testing under QR&O Chapter 20.

5.15 A-AD-005-DCP/AG-000 sets out detailed testing procedures and standards for drug testing. Testing procedures and standards are modelled on the Mandatory Guidelines for Federal Workplace Drug Testing Programs, published by the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services of the United States of America.

CO Authority to Order Testing

5.16 A CO is authorized under QR&O Chapter 20 to order any of the following drug testing:

  1. QR&O article 20.10, Accident and Incident Related Testing;
  2. QR&O article 20.11, Testing for Cause; and
  3. QR&O article 20.12, Control Testing.

5.17 See A-AD-005-DCP/AG-000 for the applicable drug testing order forms.

Failure or Refusal to Submit to a Drug Test

5.18 QR&O paragraph 20.14(2), Failure or Refusal to Provide a Urine Sample, provides that failure or refusal to provide a sample of urine, when required to do so for drug testing purposes in accordance with QR&O Chapter 20, may result in disciplinary or administrative action, or both.

Adulterated, Diluted or Substituted Sample

5.19 A CAF member who provides for testing an adulterated sample, a diluted sample or a substituted sample, or any other sample of urine made unsuitable for testing by the CAF member, must be:

  1. considered as having failed to provide a sample of urine when required to so in accordance with QR&O Chapter 20; and
  2. subject to administrative review (AR) in accordance with DAOD 5019-2, Administrative Review.

Accident and Incident Testing

5.20 QR&O article 20.10 sets out the conditions under which a CO may order a CAF member to undergo drug testing as a result of an accident or incident.

5.21 The information used by the CO to form a reasonable belief that an act or omission of one or more of the CAF members to be tested could have caused or contributed to the occurrence of an accident or incident may come from a variety of sources.

5.22 See A-AD-005-DCP/AG-000 for guidance on accident and incident testing.

Testing for Cause

5.23 QR&O article 20.11 sets out the conditions under which a CO may order a CAF member to undergo drug testing when there are reasonable grounds to believe that the CAF member has used a prohibited drug.

5.24 The information used by the CO as the basis to decide if reasonable grounds exist to order a test for cause may come from a variety of sources.

5.25 See A-AD-005-DCP/AG-000 for guidance on testing for cause.

Control Testing

5.26 QR&O article 20.12 sets out the conditions under which a CO may order a CAF member to undergo drug testing for control and the frequency of such testing.

5.27 See the Administrative Control Testing block and A-AD-005-DCP/AG-000 for guidance on control testing.

Designation of an Officer to Order Certain Testing

5.28 Only an officer designated by the Chief of the Defence Staff (CDS) is authorized to order any of the following drug testing:

  1. QR&O article 20.08, Deterrent Testing;
  2. QR&O article 20.09, Testing of Members in High Risk Safety Sensitive Positions; and
  3. QR&O article 20.13, Blind Testing.

5.29 See A-AD-005-DCP/AG-000 for the format of a designation order.

Deterrent Testing

5.30 QR&O article 20.08 sets out the conditions under which deterrent testing may be ordered to detect CAF members using drugs contrary to QR&O article 20.04.

5.31 See A-AD-005-DCP/AG-000 for guidance on deterrent testing.

High Risk Safety Sensitive Testing

5.32 QR&O article 20.09 sets out the conditions for the testing of CAF members in any occupation or position designated by the CDS where, in the CDS's opinion, a high risk to the safety of individuals would be created if a CAF member in the occupation or position were under the influence of a drug while on duty.

5.33 Designating an occupation or position requires a balancing of the CAF's interest in safety with the CAF member's privacy interest and right to security of person. If the risk to safety in an occupation or position is high should there be prohibited drug use, the more likely that the occupation or position will be designated as safety sensitive.

5.34 When determining if an occupation or position should be designated, the CDS assesses all relevant considerations leading to a high risk to the safety of individuals (see paragraph 9 of the CDS letter dated 30 July 2007, Expansion: Safety Sensitive Drug Testing, for a list of considerations).

5.35 The CDS expects that all CAF members in designated safety sensitive occupation or position must be tested at least once every year.

5.36 See the DMCA web site for the current list of designated occupations and positions and the list of officers who may order safety sensitive drug testing.

5.37 See A-AD-005-DCP/AG-000 for guidance on the ordering of drug testing of CAF members in designated occupations or positions.

Blind Testing

5.38 QR&O article 20.13 sets out the conditions for the ordering of a CAF member to provide a sample of urine on an anonymous basis. Such testing may be used to determine:

  1. the prevalence of prohibited drug use in the CAF; and
  2. the requirement for possible changes in programs or policies.

5.39 See A-AD-005-DCP/AG-000 for guidance on blind testing.

Drug Testing Outside Canada

5.40 A CAF member who is on exchange or secondment with a foreign military service, on course outside Canada or posted to a position outside Canada, remains subject to the CFDCP.

5.41 A CAF member who is on exchange or secondment with a foreign military service, or on course outside Canada, must comply with the drug control and testing rules of the foreign military service of the country where the CAF member is serving or on course.

5.42 A CAF member who is to be employed outside Canada on exchange or secondment, or sent on course or posted outside Canada, must be made aware by the dispatching authority of the drug testing policies of the foreign military service and the host country.

5.43 CAF authorities do not exercise authority in respect of the application of the drug testing policy of a foreign military service or host country.

Available Actions

5.44 In response to prohibited drug use or other involvement with drugs by a CAF member, the chain of command may take, as appropriate in the circumstances, administrative or disciplinary action, or both.

5.45 Administrative action may be taken in respect of prohibited drug use or other involvement with drugs that takes place at any time by a CAF member.

5.46 The CMP, the Director General Military Careers (DGMC) and DMCA are the only authorities who may impose administrative action in respect of prohibited drug use or other involvement with drugs.

Administrative Action

5.47 An AR in respect of prohibited drug use or other involvement with drugs is conducted in accordance with DAOD 5019-2.

5.48 Before selecting any administrative action in respect of prohibited drug use or other involvement with drugs by a CAF member, CMP, DGMC or DMCA, as applicable, must consider the following:

  1. the facts of the CAF member's case, including:
    1. the nature of the drug in issue;
    2. the means of detection;
    3. the type of prohibited drug use or other involvement with drugs;
    4. the location and time of the prohibited drug use or other involvement with drugs; and
    5. the degree of impact on CAF operations, activities, safety, security and morale;
  2. the CAF member's entire period of service, taking into account the CAF member's rank, military occupation, experience and position;
  3. the CAF member's previous prohibited drug use or other involvement with drugs, if any;
  4. the CAF member's leadership role, if any; and
  5. the CAF member's history of referral for medical assessment for prohibited drug use.

5.49 As a general principle, the appropriate administrative action is the one that best reflects the degree of incompatibility between the CAF member's prohibited drug use or other involvement with drugs and the CAF member's continued service in the CAF.

5.50 Administrative action which may be taken is set out in the AR Decisions block in DAOD 5019-2.

Disciplinary Action

5.51 Disciplinary action may be taken under the Code of Service Discipline for prohibited drug use or other involvement with drugs.

5.52 A CAF member may also be subject to prosecution in civil court.

Administrative Control Testing

5.53 As a part of administrative action, control testing may be ordered under QR&O article 20.12 to confirm the continued abstinence from prohibited drug use by a CAF member when:

  1. it is confirmed that the CAF member has engaged in prohibited drug use; and
  2. the CAF member is to be retained in the CAF.

5.54 Only a CO may order control testing. A CO must order control testing with the minimum frequency that is reasonably necessary to confirm continued abstinence from prohibited drug use by the CAF member, and must order that at least half of all control tests be conducted during any period of associated administrative action.

5.55 The CO should consider the following when determining the frequency of control testing:

  1. the type of drug the CAF member is confirmed to have used; and
  2. the time period during which any future use could reasonably be detected by urine testing (see the chart specifying detection periods for different drugs in A-AD-005-DCP/AG-000).

5.56 Control testing may only be administered during the one-year period after the day that the first control test sample of urine is provided.

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6. Treatment and Rehabilitation

General

6.1 The chain of command is responsible for ensuring that a CAF member who is believed to be displaying unacceptable drug-related conduct or performance is offered assistance from a CAF medical care provider.

6.2 Assessment and treatment of drug-related health problems, including drug dependency, is a medical responsibility of CAF health services. Treatment is arranged by the CAF member's unit medical facility and may include in-patient or out-patient treatment as well as follow-up for relapse prevention.

6.3 Treatment and rehabilitation available for members of the Reserve Force are set out in ADM(HR-Mil) Instruction 03/04, The Canadian Forces Spectrum of Care. Treatment and rehabilitation procedures do not apply, generally, to:

  1. CAF members of the Primary Reserve on Class "A" Reserve Service; or
  2. CAF members of the Canadian Rangers, Cadet Organizations Administration and Training Service and Supplementary Reserve unless serving on Reserve Service in excess of 180 days.

Disclosure of Personal Medical Information

6.4 Specific diagnosis and treatment of a CAF member, and any other information obtained during a medical or social work examination or interview, must not be disclosed to or discussed with the CO or any non-medical personnel unless the disclosure is required by law or the CAF member has provided an informed written consent.

6.5 A CAF medical care provider must fully describe and explain, by appropriate means, to the CO of a CAF member:

  1. any medical employment limitations (MELs) assigned to the CAF member, including any limitations on the use of weapons or complex machinery or equipment; and
  2. any time required away from the workplace for medical reasons.

6.6 A CAF medical care provider may be required by law in certain circumstances to disclose information about a CAF member to a third party without the consent of the CAF member.

CAF Member Responsibility

6.7 CAF members shall inform their supervisor of any MELs and any time required away from the workplace for medical reasons. The CAF member must comply with all limitations.

Mandatory Medical Assessment for Drug Use Dependency

6.8 If it is determined that prohibited drug use has occurred, the CO must immediately refer the CAF member to a CAF medical care provider for an assessment for drug dependency.

6.9 The purpose of this assessment is to determine whether treatment is recommended. A referral is ordered using the Medical Referral and Certification form in A-AD-005-DCP/AG-000.

6.10 The chain of command may take appropriate administrative or disciplinary action, or both, to address a CAF member's prohibited drug use or other involvement with drugs, regardless of the CAF member's decision on treatment.

6.11 Only a CAF medical care provider may assess, offer treatment for and treat drug dependency.

Voluntary Treatment

6.12 A CAF member who is concerned about drug use is encouraged to voluntarily seek assistance.

Treatment Refusal

6.13 Treatment for drug dependency is voluntary, i.e. a CAF member is not obliged to accept treatment. However, a CAF medical care provider must document any refusal of treatment on the CAF member's medical file and shall advise the CAF member's CO of any continuing MELs.

6.14 Refusing treatment for drug dependency does not preclude:

  1. the CAF member's CO making another mandatory referral for medical assessment at a later date; or
  2. the CAF member volunteering for assessment or treatment at a later date.

Treatment After Release

6.15 Medical treatment by health authorities, other than CAF health services, may be provided after release.

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7. Responsibilities

Responsibility Table

7.1 The following table identifies the primary responsibilities for the administration of the CFDCP:

The … is or are responsible for …

CMP

  • superintending the administration of the CFDCP;
  • staffing of safety sensitive designations to the CDS; and
  • coordinating the various types of drug testing.

Canadian Forces Recruiting Group

  • informing applicants for enrolment in the CAF of the CFDCP and this DAOD; and
  • prescribing standards for enrolment eligibility in relation to pre-enrolment drug involvement.

Canadian Defence Academy

  • ensuring that education programs required under QR&O article 20.05 are set out in the officer and non-commissioned member general specifications.

Director General Military Personnel Research and Analysis

  • establishing and maintaining a database of all CFDCP test results; and
  • conducting and overseeing all research in support of the CFDCP.

training authorities and designated training authorities

  • informing CAF members of the CFDCP and this DAOD during recruit and basic officer training and at all levels of leadership training.

Director Force Health Protection

  • ensuring the provision of drug abuse awareness and prevention training; and
  • providing promotional material (e.g. drug kit, posters and pamphlets).

Canadian Forces Provost Marshal

  • implementing an enforcement program concerning prohibited drug use and other involvement with drugs; and
  • providing DMCA with all military police investigation reports relating to prohibited drug use and other involvement with drugs.

DMCA

  • conducting ARs in respect of prohibited drug use or other involvement with drugs committed by CAF members; and
  • informing COs and CAF members through the chain of command of:
    • AR decisions by the approving authorities;
    • the reasons for the decisions; and
    • actions to be taken

CO

  • informing DMCA of prohibited drug use or other involvement with drugs by a CAF member;
  • referring the CAF member to a CAF medical care provider for assessment;
  • notifying the CAF member of the intent to issue administrative action when directed by DMCA;
  • ensuring that the CAF member attends all medical appointments as a matter of military requirements;
  • implementing administrative action when directed by DMCA; and
  • informing the CAF member of the administrative and disciplinary implications of future prohibited drug use or other involvement with drugs.

CAF medical care provider

  • assessing a CAF member;
  • recommending treatment;
  • establishing a treatment schedule;
  • arranging treatment for drug dependency;
  • documenting refusal of treatment;
  • providing assessment, treatment and counselling services;
  • advising the CO of any MELs of the CAF member; and
  • informing the CO:
    • of anticipated absences of the CAF member from the workplace; and
    • that the CAF member has been medically assessed.

8. References

Acts, Regulations, Central Agency Policies and Policy DAOD

Other References

  • DAOD 5019-2, Administrative Review
  • CANFORGEN 134/12, Decentralization of Authorities Related to Remedial Measures and Administrative Actions
  • CANFORGEN 112/14, Amendment – Decentralization of Authorities Related to Remedial Measures and Administrative Actions
  • A-AD-005-DCP/AG-000, Canadian Forces Drug Control Program Manual
  • ADM(HR-Mil) Instruction 03/04, The Canadian Forces Spectrum of Care
  • National Defence Security Policy
  • Mandatory Guidelines for Federal Workplace Drug Testing Programs, published by the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services of the United States of America
  • DMCA website
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