DAOD 5039-2, Official Languages in the Workplace

Table of Contents

1. Introduction
2. Definitions
3. Abbreviations
4. Overview
5. Language of Work and Language Requirements
6. Supervision
7. Provision of Services
8. Communication
9. Training and Professional Development
10. Ombudsman
11. Compliance and Consequences
12. Responsibilities
13. References

1. Introduction

Date of Issue: 2025-01-10

Application: This 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).

Supersession:

• NDHQ Policy Directive P1/97 B, DND and CF Policy Services to Families of Military Personnel
• 1211-64 (DOL 4), Policy on Official Languages for the Provision of Services, 29 June 2008
• Official Languages Guidelines for Speeches – Management, CMP and ADM(HR-Civ), 29 April 2011
• Linguistic designation of DND organizations and CAF units in the Canadian Forces Organization Orders

Approval Authorities:

• Chief Professional Conduct and Culture (CPCC)
• Assistant Deputy Minister (Human Resources - Civilian) (ADM(HR-Civ))

Enquiries: Director Official Languages (DOL)

2. Definitions

bilingual region (région bilingue)

A region of Canada where English and French are the languages of work, as prescribed under subsection 35(2) of the Official Languages Act.

Note– See the Treasury Board List of Bilingual Regions of Canada for Language-of-Work Purposes for the prescribed regions. (Defence Terminology Bank record number 696969)

central services (services centraux)

Services normally necessary for a DND employee or a CAF member to perform their duties. (Defence Terminology Bank record number 696971)

personal services (services personnels)

Services that affect a DND employee or a CAF member on a personal level. (Defence Terminology Bank record number 696998)

3. Abbreviations

4. Overview

Context

4.1 This DAOD outlines the rights and obligations relating to the use of OLs in the DND and the CAF that are consistent with the Canadian Charter of Rights and Freedoms, the OLA and applicable regulations, policies and directives. In addition to the obligations prescribed by law, the CAF has committed to providing:

1. personal services in both OLs to CAF members and their families based on the recommendations made in 1998 by the Standing Committee on National Defence and Veterans Affairs (SCONDVA).
2. bilingual capabilities in DND organizations and CAF units holding national mandates.

4.2 The following two parameters determine the OL rights and obligations of a DND employee or a CAF member in the workplace:

1. the location of their occupied position; and
2. the language requirements of their position.

5. Language of Work and Language Requirements

Regions of Canada for LoW Purposes

5.1 In bilingual regions, federal institutions, including the DND and the CAF, have an obligation to provide work environments that are conducive to the use of both OLs. These regions are set out in the List of Bilingual Regions of Canada for Language-of-Work Purposes.

5.2 English and French are the LoWs of all DND organizations and CAF units located within bilingual regions. Outside of bilingual regions, the official LoW is the one that predominates in that province or territory. 

National Mandate Criterion

5.3 A DND organization or a CAF unit is said to have a national mandate if it delivers one or more of the following functions:

1. national operational capabilities, for example search and rescue or special operations;
2. basic, military occupation or specialized trainings within the DND and the CAF, for example schools and training environments; or
3. concepts and doctrine development, for example, all warfare centres.

5.4 The LoW of a DND organization or a CAF unit having a national mandate is identical to the LoW of the region. However, national mandate functions are to be delivered in English and French by maintaining sufficient language capacity within their allocated personnel.

Determining the Language Requirements of Positions

5.5 As per section 91 of the OLA, the language requirements of a position must be objectively determined to reflect the duties of the position, primarily with respect to the provision of services and compliance with LoW requirements. Positions can be identified as “English Essential,” “French Essential,” “Bilingual” or “Either/or” (English or French).

5.6 Once the requirements have been established, the level of language skills required for bilingual positions must then also be objectively established based on complexity, for written comprehension, written expression and oral proficiency. Complexity levels, ranging from basic to complex, are indicated by letters (A, B or C) in accordance with the TB Qualification Standards in Relation to Official Languages.

Coordinators of Official Languages

5.7 As applicable, unit, formation or L1 COLs must be consulted as part of the determination of the language requirements of positions under CF Mil Pers Inst 02/22, Linguistic Identification of Canadian Armed Forces Positions, and ADM(HR-Civ) Directive, Linguistic Identification of Department of National Defence Positions.

Named Operations, Exercises and Task Forces

5.8 The LoW of CAF force elements deployed operationally on named operations is normally based on the LoW of the unit forming the main contingent. For example, if the LoW of the battle group is French, it requires augmentees and attached force elements to be proficient in French for the purpose of functions internal to the CAF contingent.

5.9 CAF deployed elements are required to operate and interact with national agencies, partners, international allies and host nations in either English or French. As such, the linguistic identification of all deployed positions in a CAF contingent must consider the communication requirements with external entities through the Canadian Forces Task Plans and Operations process. For example, a position operating as part of a Francophone CAF contingent that involves operating or communicating directly with external entities in English would be identified as bilingual.

5.10 When naming exercises, the originator must allocate a nickname consisting of a single word (see the Strategic Joint Staff Directives, 1-020, Naming Conventions). The nickname must have the same meaning and close spelling in both French and English, also known as a French-English cognate word.

6. Supervision

6.1 Subordinates are supervised in the LoW of their region. Subordinates in bilingual regions are supervised in their OL of choice.

Note – Supervisory positions with subordinates in bilingual regions must be identified as bilingual.

Performance Agreements for DND Employees

6.2 Performance agreements for DND employees are administered in accordance with the TB Directive on Official Languages for People Management. They are conducted in the OL chosen by the DND employee in bilingual regions and in the LoW in unilingual regions. The same provisions apply for the administration of any measures related to employee conduct or discipline.

Performance Appraisals for CAF Members

6.3 As per CF Mil Pers Inst 01/23, Performance and Competency Evaluation (PaCE), development, performance and potential appraisals must be conducted in the OL of choice of the CAF member being evaluated.

Remedial Measures for CAF Members

6.4 CAF members who are placed on remedial measures must be counselled and receive all forms relating to the remedial measures in their OL of choice. 

7. Provision of Services

Categories of Services

7.1 Services offered by, or on behalf of, the DND and the CAF are categorized as follows from an OL standpoint:

1. services to the public;
2. personal services; and
3. central services. 

Services to the Public

7.2 The DND and the CAF must ensure that all interactions with the public are in accordance with Part IV of the OLA and with the Official Languages (Communications with and Services to the Public) Regulations (the “OL Regulations”).

Personal Services – DND Employees

7.3 Personal services are provided to DND employees in English and French in bilingual regions and in the LoW in unilingual regions. 

Personal Services – CAF Members and their Families

7.4 The DND and the CAF have committed, while taking into consideration subsection 35(2) of the OLA, to providing certain services to CAF members and their families in both OLs, irrespective of their region or their LoW. The services are provided in both OLs due to the unique requirements of the terms of service of CAF members. This is meant to mitigate the stress of relocating to areas where many CAF members and their families find themselves in a linguistic minority situation.

7.5 Personal services should be offered in both OLs to CAF members and, as applicable, to their families. If a given service is offered in both OLs at the base or wing level, subordinate and lodger organizations and units in unilingual regions may provide that service solely in their LoW.

7.6 Personal services offered in both OLs to CAF members and their families include the following:

1. services provided by the Canadian Forces Morale and Welfare Services;
2. services provided by the Director Casualty Support Management;
3. relocation services, including contracted services and base/wing services for furniture and effects;
4. family housing services, limited to allocation, maintenance requests, emergency after-hour response service (1-800 numbers) and complaint resolution;
5. community postal services;
6. religious, pastoral and spiritual services;
7. fire services, limited to base/wing emergency dispatching, fire prevention visits at residential housing units, public education on fire prevention and emergency response services;
8. military police services, limited to emergency dispatching, policing and custody services;
9. general safety services, limited to interactions with families of CAF members; and
10. food services, limited to signage and menus, for example allergy warnings.

7.7 Personal services offered in both OLs to CAF members include the following:

1. orderly room administrative services, for example in and out clearances, and pay and benefits;
2. health services, including medical, dental, pharmacy, physiotherapy, psychological counselling and social work services;
3. base/wing personnel selection, transition services and service benefits for ill and injured members; and
4. career management services provided by the Director General Military Careers.

Note – Although health services are offered in both OLs, the information in the health records and charts of a CAF member is entered in the health care professional’s preferred OL. The CAF member may therefore not have access to their health records and charts in their OL of choice. A CAF member who wishes to obtain their health records and charts in their OL of choice may submit a request under the Privacy Act.

Central Services – DND Employees and CAF Members

7.8 Central services are provided to DND employees and CAF members in English and French in bilingual regions and in the LoW in unilingual regions.

7.9 Central services offered to DND employees and CAF members include the following:

1. administrative services, except those identified as personal services;
2. comptroller services;
3. review and audit services:
4. work instruments and technical services, for example telecommunications, information systems, procurement, manuals, procedures, asset management, lifecycle management, building and maintenance work requests and reception;
5. civilian human resources services, including staffing and classification;
6. legal services;
7. clothing stores;
8. general safety services, except those identified as personal services;
9. food services, except those identified as personal services;
10. translation and other linguistic services; and
11. transportation services.

Language of Service Obligations

7.10 Wherever services are to be in both OLs, the service provider must extend an active offer of service in both English and French, i.e. a clear visual and verbal indication that recipients of service can communicate with and obtain services in either English or French. The service provider must therefore ensure that:

1. the necessary capacity is always in place to communicate and provide the required service in both OLs;
2. the choice between English and French is clearly offered to the recipient of the service when communication is initiated; and
3. the communication continues in the OL chosen by the recipient.

7.11 The availability of communication and services in both OLs should be promoted in the following ways:

1. prominently displaying the OL symbol;
2. greeting customers in both OLs;
3. ensuring that email or telephone automatic replies are entirely in both OLs; and
4. displaying signs, forms and brochures in both OLs.

Services Provided by Contractors

7.12 As per A-PP-005-000/AG-002 Procurement Administration Manual, the DND and the CAF must ensure that, when establishing contracts involving the provision of services to the public or to their employees and members, such contracts include, when required under the OLA, this DAOD or other government policies or directives, applicable OL clauses that clearly identify OL requirements with which the contractor must comply. The DND and the CAF must confirm that the contractor has complied with the OL requirements in the contract.

8. Communication

General

8.1 When both OLs are used, for example on signs or in greetings, signature blocks and correspondence, French appears first in the province of Quebec and English appears first elsewhere in Canada. Both OLs are given equal prominence.

External Communication

8.2 Communications with and services to the public must be in accordance with the OLA and OL Regulations. The online database Burolis identifies which federal offices, including those of the DND and the CAF, provide services to the public in English, in French or in both OLs.

8.3 Any communication intended to reach families of CAF members is in both OLs, irrespective of the location. If the language preference of the recipient is known, that language is used.

Internal Communication

8.4 Communications within the DND and the CAF are conducted in accordance with the LoW. This includes both spoken communication, e.g. during meetings, and written communication.

8.5 Individual communications initiated by a DND employee or CAF member should be conducted as follows (not including personal and central services or supervision):

1. In unilingual regions
   1. LoW of the originator’s region.
2. In bilingual regions
   1. LoW of the recipient’s region if the recipient is in a unilingual region; and
   2. The language chosen by both parties if the recipient is in a bilingual region.

8.6 Communications between DND organizations or CAF units are conducted as set out in the following table (not including personal and central services or supervision): 

Events

8.7 The OL requirements for events organized by the DND or the CAF at any level including detachment, unit, base, wing, or at national and international events, are established as follows:

Virtual collaboration

8.8 DND and CAF virtual collaboration platforms must comply with the following OL requirements:

1. all user interfaces and functionalities must be available in both OLs; and
2. all supporting information and documentation must be published in both OLs, for example user manuals and FAQs.

Websites, Social Media and Other Digital Communications Products

8.9 All internal and external websites are subject to the Directive on Official Languages for Communications and Services. Information produced by or on behalf of the DND or the CAF must be posted simultaneously in both OLs and be of equal quality if it is:

1. accessible to the public, including all Internet sites and social media for which access is not controlled;
2. intended for families of CAF members;
3. intended for DND employees or CAF members who work in a bilingual DND organization or CAF unit; or
4. related to the provision of personal services or individual training and education to CAF members.

Email Signature Blocks

8.10 Email signature blocks must be in both OLs. Detailed procedures are found in IMS 6001-1-4, Email Signature Blocks.

Voicemail Messages and Email Automatic Replies

8.11 Voicemail messages and email automatic replies must be in both OLs for any bilingual position. Phones and generic emails at offices providing services in both OLs must also have bilingual voicemails and email automatic replies.

9. Training and Professional Development

9.1 Obligations related to the language used in the delivery of individual training and education for CAF members are set out in DAOD 5039-6, Canadian Armed Forces Training and Education in Both Official Languages.

10. Ombudsman

10.1 Ombudsman services are to be provided to DND employees, CAF members and their families in their OL of choice.

11. Compliance and Consequences

Compliance

11.1 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, COL 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.

11.2 The compliance of the DND and the CAF with respect to the OLA, OL Regulations and related TB policies and directives is monitored and reported through annual reviews on OLs to the following institutions:

1. House of Commons Standing Committee on Official Languages;
2. Senate Standing Committee on Official Languages;
3. Office of the Commissioner of Official Languages;
4. Treasury Board of Canada Secretariat; and
5. Canadian Heritage.

Consequences of Non-Compliance

11.3 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 result in administrative action, including the imposition of disciplinary measures, for a DND employee, and administrative or disciplinary action, or both, for a CAF member. Non-compliance may also result in the imposition of liability on the part of His Majesty in right of Canada, DND employees and CAF members.

Note – In respect to the compliance of DND employees, see the TB Framework for the Management of Compliance for additional information.

12. Responsibilities

Responsibility Table

12.1 The following table identifies the responsibilities associated with this DAOD:

13. References

Acts, Regulations, Central Agency Policies and Policy DAOD

• Official Languages Act
• Privacy Act
• Official Languages (Communications with and Services to the Public) Regulations
• Framework for the Management of Compliance
• Policy on Official Languages
• Directive on Official Languages for Communications and Services
• Directive on Official Languages for People Management
• Directive on the Implementation of the Official Languages (Communications with and Services to the Public) Regulations
• List of Bilingual Regions of Canada for Language-of-Work Purposes
• DAOD 5039-0, Official Languages

Other References

• DAOD 2008-8, Official Use of Social Media
• DAOD 5006-1, Performance Management Program for DND Employees
• DAOD 5016-0, Standards of Civilian Conduct and Discipline
• DAOD 5019-4, Remedial Measures
• DAOD 5031-8, Canadian Forces Professional Development
• DAOD 5031-50, Civilian Learning and Professional Development
• DAOD 5039-4, Translation – Producing and Procuring Documents in Both Official Languages
• DAOD 5039-6, Canadian Armed Forces Training and Education in Both Official Languages
• DAOD 5039-7, Second Official Language Education and Training for CAF Members
• DAOD 5039-8, Canadian Armed Forces Second Official Language Certification Testing
• DAOD 5044-1, Families
• DAOD 5059-0, Performance Appraisal of Canadian Forces Members
• Qualification Standards in Relation to Official Languages
• A-AE-219-001/AG-001, Organization and Establishment Policy (CFP 219)
• A-PP-005-000/AG-002, Procurement Administration Manual
• CF Mil Pers Inst 02/22, Linguistic Identification of Canadian Armed Forces Positions
• CF Mil Pers Inst 01/23, Performance and Competency Evaluation (PaCE)
• ADM(HR-Civ Directive, Linguistic Identification of Department of National Defence Positions
• ADM(HR-Civ) Directive, Access to Second Language Training
• Strategic Joint Staff Directives, Volume 1, 1-020, Naming Conventions
• IMS 6001-1-4, Email Signature Blocks
• Moving Forward: A Strategic Plan for Quality of Life Improvements in the Canadian Forces, Standing Committee on National Defence and Veterans Affairs, October 1998
• Burolis