DAOD 5019-3, Canadian Forces Drug Control Program
Date of Issue: 2006-03-10
Date of Modification: 2009-02-20
Application: This DAOD is an order that applies to officers and non-commissioned members of the Canadian Forces (“CF members”).
- CFAO 19-21, Canadian Forces Drug Control Program
- CANFORGEN 034/04, Misuse Of Drugs – Amplification Of Guidance Governing Releases In Drug-Related Cases
Approval Authority: Chief of Military Personnel (CMP)
- 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)
The following table provides information on definitions used in this DAOD:
|In this DAOD …||means …|
the same as in QR&O article 20.01, Definitions.
a sample of urine containing:
CF medical care provider
a medical officer, a civilian contract physician or a base/wing addiction counsellor.
a sample of urine with creatinine and specific gravity values that are lower than expected for human urine.
the same as in QR&O article 20.01.
the same as in subsection 33(4) of the National Defence Act.
the same as in QR&O article 20.01.
other involvement with drugs
any act, other than prohibited drug use, that:
prohibited drug use
any use of drugs contrary to QR&O article 20.04, Prohibition.
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.
the same as in QR&O article 20.01.
The CF is committed to a drug-free workforce by providing the appropriate tools and information to reduce or eliminate the drug-risk behaviours of CF members.
The Canadian Forces Drug Control Program (CFDCP)
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 CF members.
QR&O article 20.04 prohibits the use of any drug by CF members, except as set out in paragraphs (a), (b) and (c) of that article.
CMP has the superintendence of the administration of the CFDCP.
See A-AD-005-DCP/AG-000, Canadian Forces Drug Control Program Manual for detailed administrative direction in respect of the CFDCP.
This DAOD sets out instructions and provides information in relation to the CFDCP.
QR&O paragraph 20.05(2), Education, sets out the information that should be contained, as a minimum, in drug education programs for CF members.
Specific drug education programs consist of:
- informing applicants on enrolment in the CF, and CF members during recruit and basic officer training and leadership courses, of the content of QR&O Chapter 20 and this DAOD;
- ensuring that CF members regularly receive drug awareness information under the Health Promotion Program in relation to the educational requirements under QR&O article 20.05; and
- requiring that CF members in leadership positions be trained under the Health Promotion Program to:
- identify the signs of prohibited drug use;
- take an active role in detection; and
- provide guidance and information to CF members.
The chain of command and individual CF members are responsible for the deterrence and detection of prohibited drug use and other involvement with drugs by CF members.
Other Involvement with Drugs
The following table amplifies “other involvement with drugs” by a CF 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 …
Range of Actions
The range of actions employed by the CF to deter and detect prohibited drug use and other involvement with drugs, as described in detail in the Education map and other blocks, includes:
- CFDCP implementation;
- individual reporting;
- notification of DMCA;
- review of duties;
- drug testing; and
- other appropriate administrative or disciplinary action, or both.
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.
CF members have a responsibility to report infringements of the CFDCP to the appropriate CF authorities.
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.
A commanding officer (CO) shall ensure that any suspected prohibited drug use or other involvement with drugs is investigated as soon as practicable.
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.
Upon initiation of an investigation of suspected prohibited drug use or other involvement with drugs, the CO shall consult with DMCA in regard to both testing and administrative recourse.
Notification of DMCA
If prohibited drug use or other involvement with drugs is suspected on reasonable grounds to have taken place, the CO shall immediately advise DMCA using the appropriate form in A-AD-005-DCP/AG-000.
Review of Duties
If a CO has reasonable grounds to believe that a CF member has been engaged in prohibited drug use or other involvement with drugs, the CO shall conduct a review of the CF member’s present duties with respect to:
- considering the temporary re-assignment of the CF member to different duties within the unit;
- the implications for security, as outlined in the National Defence Security Policy, Chapter 36, Security Clearances, and
- the implications for human reliability.
If required, a Change of Circumstances Report shall be forwarded in accordance with National Defence Security Policy, Chapter 36.
To monitor and detect drug use, QR&O Chapter 20 authorizes mandatory drug testing for specific purposes in defined circumstances.
DMCA shall be consulted for any clarification of drug testing under QR&O Chapter 20.
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
A CO is authorized under QR&O Chapter 20 to order any of the following drug testing:
- QR&O article 20.10, Accident and Incident Related Testing;
- QR&O article 20.11, Testing for Cause; and
- QR&O article 20.12, Control Testing.
See A-AD-005-DCP/AG-000 for the applicable drug testing order forms.
Failure or Refusal to Submit to a Drug Test
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
A CF 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 CF member, shall be:
- considered as having failed to provide a sample of urine when required to so in accordance with QR&O Chapter 20; and
- subject to administrative review (AR) in accordance with DAOD 5019-2, Administrative Review.
Accident and Incident Testing
QR&O article 20.10 sets out the conditions under which a CO may order a CF member to undergo drug testing as a result of an accident or incident.
The information used by the CO to form a reasonable belief that an act or omission of one or more of the CF members to be tested could have caused or contributed to the occurrence of an accident or incident may come from a variety of sources.
See A-AD-005-DCP/AG-000 for guidance on accident and incident testing.
Testing for Cause
QR&O article 20.11 sets out the conditions under which a CO may order a CF member to undergo drug testing when there are reasonable grounds to believe that the CF member has used a prohibited drug.
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.
See A-AD-005-DCP/AG-000 for guidance on testing for cause.
QR&O article 20.12 sets out the conditions under which a CO may order a CF member to undergo drug testing for control and the frequency of such testing.
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
Only an officer designated by the Chief of the Defence Staff (CDS) is authorized to order any of the following drug testing:
- QR&O article 20.08, Deterrent Testing;
- QR&O article 20.09, Testing of Members in High Risk Safety Sensitive Positions; and
- QR&O article 20.13, Blind Testing.
See A-AD-005-DCP/AG-000 for the format of a designation order.
QR&O article 20.08 sets out the conditions under which deterrent testing may be ordered to detect CF members using drugs contrary to QR&O article 20.04.
See A-AD-005-DCP/AG-000 for guidance on deterrent testing.
High Risk Safety Sensitive Testing
QR&O article 20.09 sets out the conditions for the testing of CF 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 CF member in the occupation or position were under the influence of a drug while on duty.
Designating an occupation or position requires a balancing of the CF’s interest in safety with the CF 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.
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).
The CDS expects that all CF members in designated safety sensitive occupation or position shall be tested at least once every year.
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.
See A-AD-005-DCP/AG-000 for guidance on the ordering of drug testing of CF members in designated occupations or positions.
QR&O article 20.13 sets out the conditions for the ordering of a CF member to provide a sample of urine on an anonymous basis. Such testing may be used to determine:
- the prevalence of prohibited drug use in the CF; and
- the requirement for possible changes in programs or policies.
See A-AD-005-DCP/AG-000 for guidance on blind testing.
Drug Testing Outside Canada
A CF 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.
A CF member who is on exchange or secondment with a foreign military service, or on course outside Canada, shall comply with the drug control and testing rules of the foreign military service of the country where the CF member is serving or on course.
A CF member who is to be employed outside Canada on exchange or secondment, or sent on course or posted outside Canada, shall be made aware by the dispatching authority of the drug testing policies of the foreign military service and the host country.
CF authorities do not exercise authority in respect of the application of the drug testing policy of a foreign military service or host country.
In response to prohibited drug use or other involvement with drugs by a CF member, the chain of command may take, as appropriate in the circumstances, administrative or disciplinary action, or both.
Administrative action may be taken in respect of prohibited drug use or other involvement with drugs that takes place at any time by a CF member.
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.
An AR in respect of prohibited drug use or other involvement with drugs is conducted in accordance with DAOD 5019-2.
Before selecting any administrative action in respect of prohibited drug use or other involvement with drugs by a CF member, CMP, DGMC or DMCA, as applicable, shall consider the following:
- the facts of the CF member’s case, including:
- the nature of the drug in issue;
- the means of detection;
- the type of prohibited drug use or other involvement with drugs;
- the location and time of the prohibited drug use or other involvement with drugs; and
- the degree of impact on CF operations, activities, safety, security and morale;
- the CF member’s entire period of service, taking into account the CF member’s rank, military occupation, experience and position;
- the CF member’s previous prohibited drug use or other involvement with drugs, if any;
- the CF member’s leadership role, if any; and
- the CF member’s history of referral for medical assessment for prohibited drug use.
As a general principle, the appropriate administrative action is the one that best reflects the degree of incompatibility between the CF member’s prohibited drug use or other involvement with drugs and the CF member’s continued service in the CF.
Administrative action which may be taken is set out in the AR Decisions block in DAOD 5019-2.
Disciplinary action may be taken under the Code of Service Discipline for prohibited drug use or other involvement with drugs.
A CF member may also be subject to prosecution in civil court.
Administrative Control Testing
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 CF member when:
- it is confirmed that the CF member has engaged in prohibited drug use; and
- the CF member is to be retained in the CF.
Only a CO may order control testing. A CO shall order control testing with the minimum frequency that is reasonably necessary to confirm continued abstinence from prohibited drug use by the CF member, and shall order that at least half of all control tests be conducted during any period of associated administrative action.
The CO should consider the following when determining the frequency of control testing:
- the type of drug the CF member is confirmed to have used; and
- 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).
Control testing may only be administered during the one-year period after the day that the first control test sample of urine is provided.
The chain of command is responsible for ensuring that a CF member who is believed to be displaying unacceptable drug-related conduct or performance is offered assistance from a CF medical care provider.
Assessment and treatment of drug-related health problems, including drug dependency, is a medical responsibility of CF health services. Treatment is arranged by the CF member’s unit medical facility and may include in-patient or out-patient treatment as well as follow-up for relapse prevention.
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:
- CF members of the Primary Reserve on Class “A” Reserve Service; or
- CF 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
Specific diagnosis and treatment of a CF member, and any other information obtained during a medical or social work examination or interview, shall not be disclosed to or discussed with the CO or any non-medical personnel unless the disclosure is required by law or the CF member has provided an informed written consent.
A CF medical care provider shall fully describe and explain, by appropriate means, to the CO of a CF member:
- any medical employment limitations (MELs) assigned to the CF member, including any limitations on the use of weapons or complex machinery or equipment; and
- any time required away from the workplace for medical reasons.
A CF medical care provider may be required by law in certain circumstances to disclose information about a CF member to a third party without the consent of the CF member.
CF Member Responsibility
CF members shall inform their supervisor of any MELs and any time required away from the workplace for medical reasons. The CF member shall comply with all limitations.
Mandatory Medical Assessment for Drug Use Dependency
If it is determined that prohibited drug use has occurred, the CO shall immediately refer the CF member to a CF medical care provider for an assessment for drug dependency.
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.
The chain of command may take appropriate administrative or disciplinary action, or both, to address a CF member’s prohibited drug use or other involvement with drugs, regardless of the CF member’s decision on treatment.
Only a CF medical care provider may assess, offer treatment for and treat drug dependency.
A CF member who is concerned about drug use is encouraged to voluntarily seek assistance.
Treatment for drug dependency is voluntary, i.e. a CF member is not obliged to accept treatment. However, a CF medical care provider shall document any refusal of treatment on the CF member’s medical file and shall advise the CF member’s CO of any continuing MELs.
Refusing treatment for drug dependency does not preclude:
- the CF member’s CO making another mandatory referral for medical assessment at a later date; or
- the CF member volunteering for assessment or treatment at a later date.
Treatment After Release
Medical treatment by health authorities, other than CF health services, may be provided after release.
The following table identifies the primary responsibilities for the administration of the CFDCP:
|The …||is or are responsible for …|
Canadian Forces Recruiting Group
Canadian Defence Academy
Director General Military Personnel Research and Analysis
training authorities and designated training authorities
Director Force Health Protection
Canadian Forces Provost Marshal
CF medical care provider
- National Defence Act, section 33
- QR&O Chapter 20, Canadian Forces Drug Control Program
- DAOD 5019-0, Conduct and Performance Deficiencies
- CDS Letter dated 30 July 2007, Expansion: Safety Sensitive Drug Testing
- Aeronautics Act
- Canadian Human Rights Act
- Contraventions Act
- Controlled Drugs and Substances Act
- Criminal Code
- Privacy Act
- QR&O Chapter 34, Medical Services
- Provincial highway traffic acts
- DAOD 5019-2, Administrative Review
- CANFORGEN 109/09, Designation of DMCA as Coordinator for CF Drug Control Program
- 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