DAOD 7006-1, Preparation and Maintenance of Conduct Sheets


1. Introduction

Date of Issue: 1998-03-31

Application: This is an order that applies to members of the Canadian Armed Forces (CAF).

Supersession: CFAO 26-16, Conduct Sheets

Approval Authority: Issued under the authority of the Judge Advocate General (JAG).

Enquiries: Director Law Military Justice Policy and Research (D Law MJPR) or the nearest JAG representative.

2. Conduct Sheet Maintenance

2.1 The commanding officer (CO) is responsible for the maintenance of accurate conduct sheets.

Alteration

2.2 Subject to the provisions under the headings "Change to a Recorded Punishment" and "Removal of an Entry", no entry on a conduct sheet shall be altered or removed except as a CO directs when an entry:

  1. has been made in error; or
  2. contains an error.

Loss

2.3 When a conduct sheet is lost, the CO shall ensure that a new one is prepared from relevant sources, containing, as far as practicable, all entries that were on the lost conduct sheet. This conduct sheet shall be marked "Substituted for the Original" over the CO's signature.

3. Making an Entry

General

3.1 An entry shall be made on a member's conduct sheet, form CF 459, for:

  1. convictions under the Code of Service Discipline, or by a civil court in Canada, or a foreign court or tribunal;
  2. changes to a recorded punishment; and
  3. meritorious conduct.

Conviction Under the Code of Service Discipline

3.2 Any conviction under the Code of Service Discipline shall be entered when made:

  • by a court martial; or
  • at a summary trial

Conviction by a Civil Court in Canada

3.3 Any conviction by a civil court in Canada for an offence committed under the following shall be entered:

  1. any statute of Canada, for example, the Criminal Code; or
  2. a provincial statute or local ordinance, when the sentence of the civil court is a term of imprisonment, not suspended, but not if the term of imprisonment is a default provision not served.

Example: A sentence under a provincial statute of a $100 fine and five days imprisonment in default of payment would not be entered on a conduct sheet unless the period of imprisonment was served.

3.4 An entry shall be made for the reversion in the rank of a non-commissioned member resulting from a conviction by a civil authority (see QR&O 11.11, Reversion Upon Conviction by a Civil Authority).

Conviction by a Foreign Court or Tribunal

3.5 Any conviction by a foreign court or tribunal under the following circumstances shall be entered:

  1. for a criminal offence under a criminal statute of that state;
  2. under that state's military law while serving with, attached, seconded or on loan to an armed force of that state; or
  3. for any other foreign offence where incarceration is ordered.

Information to be Omitted

3.6 No entry shall be made on the conduct sheet for the following:

  1. if a civil court directs that the accused be discharged absolutely or upon the conditions described in a probation order (a conditional discharge), as the member is deemed not to have been convicted under the Criminal Code of Canada, subsection 730(3); and
  2. court costs or surcharges.

Example: If a civil court awards a member a sentence of a fine of $1,000 for impaired driving with a court surcharge of $50, only the fine of $1,000 is to be entered on the conduct sheet.

Change to a Recorded Punishment

3.7 An entry shall be amended when action is taken which:

  1. affects the nature or serving of a punishment already recorded, by way of suspension, remission, commutation, mitigation, or substitution; or
  2. puts into execution a sentence that has been previously suspended.

Meritorious Conduct

3.8 The following meritorious conduct shall be entered:

  1. special acts of gallantry or instances of distinguished conduct brought to notice in command or other superior orders or in dispatches; or
  2. special commendations from the Chief of the Defence Staff (CDS).

Re-enrolment

3.9 When a member is re-enrolled in the Regular Force, entries from the conduct sheet used during the member's previous service shall be included on the new conduct sheet.

4. Removal of an Entry

General

4.1 An entry shall be removed from a member's conduct sheet when:

  1. a pardon of the offence to which the entry relates is granted under the Criminal Records Act (see DAOD 7016-0);
  2. a review or appeal quashes a finding of guilty; or
  3. the CDS determines that the entry resulting from a conviction by a foreign court or tribunal is no longer required. A member's application for such a determination must be supported by the member's CO. Normally, this will not be considered before completion of a period of 72 months during which the member has:
    1. been of good conduct; and
    2. not been convicted of an offence other than one for which a pardon has been granted.

4.2 An entry relating to a conviction which has resulted in a fine of $200 or less, or a minor punishment, for example, seven days confinement to barracks, shall be removed from a member's conduct sheet:

  1. upon completion of the later of:
    1. six months service from the date of enrolment or re-enrolment; or
    2. the member's initial military occupation training;
  2. upon completion of any period of 12 months during which no conviction has been entered;
  3. upon promotion to sergeant or when an officer cadet or a non-commissioned member attains commissioned rank; or
  4. prior to release from the CAF of a member, who is to be released without having completed initial military occupation training.

Removal

4.3 When an entry is removed, any remaining entries shall be entered on a new conduct sheet. The old conduct sheet shall be destroyed.

Disposal of Disciplinary Documents

4.4 The charge reports, charge sheets and certificates of conviction pertaining to the removed entry shall be taken from the member's service records and destroyed with the member's consent.

Top of Page

5. Conviction by Civil Authority

Transmission of Documents

5.1 QR&O 19.62, Action Following Conviction by Civil Authority, requires COs to forward to the appropriate career manager at National Defence Headquarters (NDHQ), a copy of the offender's:

  1. certificate of conviction; and
  2. conduct sheet.

5.2 Prior to forwarding these documents, the local JAG representative shall review them as to form and legality. A statement indicating that this review has taken place must accompany the documents.

6. Specimen Entries

Specimen Entries for a Contact Sheet

6.1 The following specimen entries for a conduct sheet describe a variety of situations requiring an entry.

UNIT RANK SECTION OF NDA OR OTHER LEGISLATION STATEMENT OF OFFENCE AND STATEMENT OF PARTICULARS SENTENCE DATE OF AWARD AWARDED BY

1 Depot

Pte

NDA 97

DRUNKENNESS: In that she, on 7 April 1997 at approximately 1400 hours in the Orderly Room at 1 Depot, Ottawa, Ontario, was drunk

$150 fine

10 Apr 97

Maj I Smith
CO, 1 Depot

CFB Halifax

MCpl

NDA 114

NDA 130

STEALING, WHEN ENTRUSTED BY REASON OF HIS EMPLOYMENT, WITH THE CUSTODY, CONTROL OR DISTRIBUTION OF THE THING STOLEN: In that he, on 10 January 1997 at CFB Halifax, when employed as cashier at the pay office and so entrusted with the custody, control or distribution of public funds, stole $1,576.28 of those public funds.

AN OFFENCE PUNISHABLE UNDER SECTION 130 OF THE NATIONAL DEFENCE ACT THAT IS TO SAY FRAUD CONTRARY TO SECTION 380(1) OF THE CRIMINAL CODE: In that he, on or about 1 February 1997 at CFB Halifax did by deceit, falsehood or other fraudulent means defraud Her Majesty the Queen of Canada, as represented by the Department of National Defence, of public money in the amount of $1.325.36, by claiming Dependant Travel Benefits when no such entitlement existed.

six months imprisonment

10 May 97

Disciplinary Court Martial

479 Sqn

Capt

CCC 253 (a)

CIVIL OFFENCE - DRIVING WHILE ABILITY TO DRIVE IS IMPAIRED: In that he, on 26 December 1996 at Toronto, Ontario while his ability to drive a motor vehicle was impaired by alcohol or a drug, did drive a motor vehicle, licence number XXX 007 (Ontario).

$300 fine

30 Jun 97

Provincial Court, Toronto, Ontario

CFB Halifax

Pte

CFAO 18-17

AWARDED CDS COMMENDATION. In that she while in custody at the CFB Halifax Guard Room on 12 February1996, led to safety and then applied emergency first aid to two military policemen overcome by fire and fumes resulting from a natural gas explosion in the adjoining base heating plant.

21 Jul 97

CDS

7. References

Acts, Regulations, Central Agency Policies and Policy DAOD

Other References

  • DAOD 7016-0, Pardons - Criminal Records Act
  • CFAO 18-17, Chief of the Defence Staff Commendation
Report a problem or mistake on this page
Please select all that apply:

Thank you for your help!

You will not receive a reply. For enquiries, contact us.

Date modified: