DAOD 5019-3, Canadian Forces Drug Control Program

Identification

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”).

Supersession:

Approval Authority: Chief of Military Personnel (CMP)

Enquiries:


Definitions Table

The following table provides information on definitions used in this DAOD:

In this DAOD … means …

accident

the same as in QR&O article 20.01, Definitions.

adulterated sample

a sample of urine containing:

  • a substance that is not a normal constituent; or
  • an endogenous substance at a concentration that is not a normal physiological concentration.

CF medical care provider

a medical officer, a civilian contract physician or a base/wing addiction counsellor.

diluted sample

a sample of urine with creatinine and specific gravity values that are lower than expected for human urine.

drug

the same as in QR&O article 20.01.

duty

the same as in subsection 33(4) of the National Defence Act.

incident

the same as in QR&O article 20.01.

other involvement with drugs

any act, other than prohibited drug use, that:

  • involves a drug or is committed with the intent to commit an act that involves a drug; and
  • is an offence under federal legislation.

prohibited drug use

any use of drugs contrary to QR&O article 20.04, Prohibition.

substituted sample

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.

use

the same as in QR&O article 20.01.

General Principles

CF Commitment

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.

Purpose

This DAOD sets out instructions and provides information in relation to the CFDCP.

Education

General

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 Programs

Specific drug education programs consist of:

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Deterrence and Detection

General

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 …

  • drug possession;
  • drug trafficking;
  • drug cultivation;
  • possession of drug paraphernalia;
  • breaking and entering to obtain drugs;
  • stealing drugs; and
  • administration of a noxious thing.
  • being present during prohibited drug use by other persons;
  • failing to report prohibited drug use or other involvement with drugs by another CF member;
  • advocating the decriminalization of drugs; and
  • possessing marihuana for medical purposes in accordance with applicable laws.

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

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.

Individual Reporting

CF members have a responsibility to report infringements of the CFDCP to the appropriate CF authorities.

Enforcement

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.

Investigation

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:

If required, a Change of Circumstances Report shall be forwarded in accordance with National Defence Security Policy, Chapter 36.

Drug Testing

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:

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:

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.

Control Testing

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:

See A-AD-005-DCP/AG-000 for the format of a designation order.

Deterrent Testing

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.

Blind Testing

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:

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.

Available Actions

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.

Administrative Action

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:

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

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:

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:

Control testing may only be administered during the one-year period after the day that the first control test sample of urine is provided.

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Treatment and Rehabilitation

General

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:

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:

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.

Voluntary Treatment

A CF member who is concerned about drug use is encouraged to voluntarily seek assistance.

Treatment Refusal

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:

Treatment After Release

Medical treatment by health authorities, other than CF health services, may be provided after release.

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Responsibilities

Responsibility Table

The following table identifies the primary responsibilities for the administration of the CFDCP:

The … is or are responsible for …

CMP

  • superintending the administration of the CFDCP;
  • staffing of safety sensitive designations to the CDS; and
  • coordinating the various types of drug testing.

Canadian Forces Recruiting Group

  • informing applicants for enrolment in the CF of the CFDCP and this DAOD; and
  • prescribing standards for enrolment eligibility in relation to pre-enrolment drug involvement.

Canadian Defence Academy

  • ensuring that education programs required under QR&O article 20.05 are set out in the officer and non-commissioned member general specifications.

Director General Military Personnel Research and Analysis

  • establishing and maintaining a database of all CFDCP test results; and
  • conducting and overseeing all research in support of the CFDCP.

training authorities and designated training authorities

  • informing CF members of the CFDCP and this DAOD during recruit and basic officer training and at all levels of leadership training.

Director Force Health Protection

  • ensuring the provision of drug abuse awareness and prevention training; and
  • providing promotional material (e.g. drug kit, posters and pamphlets).

Canadian Forces Provost Marshal

  • implementing an enforcement program concerning prohibited drug use and other involvement with drugs; and
  • providing DMCA with all military police investigation reports relating to prohibited drug use and other involvement with drugs.

DMCA

  • conducting ARs in respect of prohibited drug use or other involvement with drugs committed by CF members; and
  • informing COs and CF members through the chain of command of:
  • AR decisions by the approving authorities;
  • the reasons for the decisions; and
  • actions to be taken

CO

  • informing DMCA of prohibited drug use or other involvement with drugs by a CF member;
  • referring the CF member to a CF medical care provider for assessment;
  • notifying the CF member of the intent to issue administrative action when directed by DMCA;
  • ensuring that the CF member attends all medical appointments as a matter of military requirements;
  • implementing administrative action when directed by DMCA; and
  • informing the CF member of the administrative and disciplinary implications of future prohibited drug use or other involvement with drugs.

CF medical care provider

  • assessing a CF member;
  • recommending treatment;
  • establishing a treatment schedule;
  • arranging treatment for drug dependency;
  • documenting refusal of treatment;
  • providing assessment, treatment and counselling services;
  • advising the CO of any MELs of the CF member; and
  • informing the CO:
    • of anticipated absences of the CF member from the workplace; and
    • that the CF member has been medically assessed.

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References

Source References

Related References