DAOD 5040-3, Unaccounted-for Military Fatalities from Past Operations
Table of Contents
1. Introduction
Date of Issue: 2015-06-25
Date of Last Modification: 2025-02-13
Date of Last Review: 2025-02-13
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 Forces (CAF members).
Approval Authority: Chief of Military Personnel (CMP)
Enquiries: Director History and Heritage (DHH)
2. Operating Principles
Context
2.1 A person who died while in the military service of Canada but for whom there is no known or maintainable grave is an “unaccounted-for military fatality”. Canada has more than 27,000 unaccounted-for military fatalities. The graves for such fatalities may not be maintainable due to inaccessibility, for example, there may be no access to the crash site of an aircraft on a mountain or a shipwreck in the ocean.
Application
2.2 This DAOD applies to any unaccounted-for military fatality as a result of service in the CAF or a former service of Canada since 1867. For direction on contemporary casualties, see DAOD 5018-0, Injured Members and Military Casualties.
DND and CAF Commitment
2.3 The DND and the CAF are committed to ensuring dignity for Canada’s unaccounted-for military fatalities and for providing closure for their families through:
- efforts to identify newly discovered human remains believed to be those of such fatalities and for whom a death certificate has been issued;
- efforts to identify the occupant of a grave marked as an Unknown service member, believed to be of a Canadian, and for whom a death certificate has been issued, and
- provision of a burial, interment, rededication or dedication ceremony and a marked grave.
National and International Obligations
2.4 The human remains of unaccounted-for military fatalities are discovered from time to time in and outside of Canada. The responsibility as to the identification, treatment and interment, when possible, of such remains is governed by national and international laws, agreements and protocols, including the:
- Geneva Conventions Act, Schedule V (Protocol I), articles 32 to 34;
- Report of the Imperial War Graves Commission, December 1918; and
- Statement by the Imperial War Graves Commission, October 1945.
2.5 The Commonwealth War Graves Commission (CWGC) is an international organization which maintains gravesites and memorials for military fatalities of the First World War and Second World War. As a member nation of the CWGC, Canada has an obligation in respect of the human remains of unaccounted-for military fatalities during these armed conflicts.
Place of Interment
2.6 The majority of Canada’s unaccounted-for military fatalities are recovered and buried or interred outside of Canada.
Note – Until July 1970, Canada interred the human remains of military fatalities, if they died in a place other than Canada or the United States, in a cemetery near to the place of fighting or place of death. Current regulations concerning the place of interment are set out in QR&O Chapter 24, Casualties and Funerals. Ceremonial details for burials and funerals are contained in Chapter 11 of A-DH-201-000/PT-001.
2.7 Canadian and other Commonwealth unaccounted-for military fatalities recovered in Canada can be interred in Canada or the United States.
Action on the Discovery of Human Remains
2.8 The following table sets out actions required when human remains are discovered:
Who does it? | Action |
---|---|
A DND employee or CAF member who discovers or is advised of the discovery of the possible human remains of an unaccounted-for military fatality |
Note – It is a criminal offence under section 182 of the Criminal Code to improperly interfere with a dead human body or remains. |
Commander of a command |
|
DHH |
Note – If the integrity of the resting site is in danger of disturbance through construction, diving or other activity, the human remains should be recovered promptly.
|
Defence attaché |
|
3. Compliance and Consequences
Compliance
3.1 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
3.2 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 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 Her Majesty in right of Canada, DND employees and CAF members.
Note – In respect of the compliance of DND employees, see the Treasury Board Framework for the Management of Compliance for additional information.
4. Responsibility
4.1 The CMP is responsible for executing legal and moral obligations in respect of Canada’s unaccounted-for military fatalities.
5. References
Acts, Regulations, Central Agency Policies and Policy DAOD
- Geneva Conventions Act
- QR&O Chapter 24, Casualties and Funerals
- Framework for the Management of Compliance, Treasury Board
- Report of the Imperial War Graves Commission, December 1918 (available in paper copy, in English only)
- Statement by the Imperial War Graves Commission, October 1945 (available in paper copy, in English only)
- DAOD 5040-0, Military History and Heritage
- Program Arrangement 2023-01 (to MOU DND Identification Number: 2020-050011) between Veterans Affairs Canada and the Department of National Defence and the Canadian Armed Forces Concerning International Burials, Interments and Headstone Changes (available in paper copy)
Other References
- DAOD 5018-0, Injured Members and Military Casualties
- DAOD 5040-1, Historical Records
- A-DH-201-000/PT-001 Canadian Forces Drill and Ceremonial Instructions
- CDS DIRECTIVE FOR CAF DIRECTIVE INTERMENT OF GREAT WARS REMAINS 16 April 2015
Page details
- Date modified: