DAOD 7014-0, Memoranda of Understanding
Date of Issue: 1998-03-31
Date of Last Modification: 2014-02-03
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: CFAO 59-5, Memoranda of Understanding
Approval Authority: Judge Advocate General (JAG)
Enquiries: National Defence Memoranda of Understanding Coordinator (NDMOUC)
domestic memorandum of understanding (protocole d'entente national)
A memorandum of understanding with another federal government department, a Crown corporation or agency, province, territory or municipality or, on an exceptional basis, a non-government organization, an industry association or a commercial entity within Canada. (Defence Terminology Bank record number 43050)
international memorandum of understanding (protocole d'entente international)
A memorandum of understanding with a foreign armed force, military alliance or command within an alliance, a department or ministry of a foreign government, an international organization or, on an exceptional basis, an international non-government organization, a foreign industry association or a foreign commercial entity.
Note – Examples of participants in an international MOU include the United Nations, North Atlantic Treaty Organization and North American Aerospace Defence Command. (Defence Terminology Bank record number 43116)
memorandum of understanding (MOU) (protocole d'entente (PE))
A written, approved, non-contractual, non-legally binding arrangement that may be developed at any level within the DND and the CAF, by which the DND or the CAF and other participants external to the DND and the CAF decide to cooperate in a project, program or similar undertaking. (Defence Terminology Bank record number 43137)
3.1 The DAOD 7014 series does not apply to any arrangement pertaining to non-public property that may be entered into by the Chief of the Defence Staff or an officer in their non-public capacity.
Note – When a DND or CAF office of primary interest is contemplating the initiation of an arrangement dealing with non-public property, legal advice should be sought from the appropriate subject matter legal advisor.
3.2 The DND and the CAF are committed to using MOUs to set out the terms of cooperative working arrangements with external organizations when the arrangements are intended to have no legal or contractual obligations for the DND and the CAF. Although MOUs are non-legally binding arrangements, they carry significant political and moral weight, and the responsibilities reflected in MOUs are to be carried out in good faith.
3.3 Prior to entering into an MOU the DND and the CAF must ensure compliance with:
- all applicable federal laws and government policies, directives and guidelines; and
- all appropriate financial, contracting and applicable project authorities and approvals in any case involving the acquisition of goods or services (see paragraphs 3.5 to 3.7 of DAOD 7014-1, Memoranda of Understanding Development).
3.4 The NDMOUC will notify the JAG of any non-compliance with this DAOD
Consequences of Non-Compliance
4.1 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 will be investigated. The nature and severity of the consequences resulting from actual non-compliance will be commensurate with the circumstances of the non-compliance. Consequences of non-compliance may include one or more of the following:
- 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 liability of Her Majesty in right of Canada;
- the application of specific consequences as set out in applicable laws, codes of conduct, and DND and CAF policies and instructions; and
- other administrative or disciplinary action, or both.
Note – In respect of the compliance of DND employees, see the Treasury Board Framework for the Management of Compliance for additional information.
5.1 The following table identifies the authorities associated with this DAOD:
|The ...||has or have the authority to ...|
Acts, Regulations, Central Agency Policies and Policy DAOD
- Framework for the Management of Compliance, Treasury Board
- DAOD 7014-1, Memoranda of Understanding Development
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