DAOD 5019-1, Personal Relationships and Fraternization

1. Introduction

Date of Issue: 2004-12-22

Date of Last Modification: 2007-09-07

Application: This DAOD is an order that applies to officers and non-commissioned members of the Canadian Armed Forces (CAF members).

Supersession: CFAO 19-38, Personal Relationships

Approval Authority: Chief of Military Personnel (CMP)

Enquiries: Director Military Careers Policies and Grievances (DMCPG)


2. Definitions

fraternization (fraternisation)

Any relationship between a CAF member and a person from an enemy or belligerent force, or a CAF member and a local inhabitant within a theatre of operations where CAF members are deployed.

personal relationship (relation personnelle)

An emotional, romantic, sexual or family relationship, including marriage or a common-law partnership or civil union, between two CAF members, or a CAF member and a DND employee or contractor, or member of an allied force.

3. Overview

Context

3.1 The CAF is committed to:

  1. respecting the inherent right of CAF members to form personal relationships of their choosing;
  2. respecting the privacy of the personal relationships of CAF members; and
  3. providing fair and unbiased treatment to persons in the care or under the protection of CAF members and preventing the exploitation of vulnerable persons.

Role of the Chain of Command

3.2 In keeping with professional military values, leaders and the chain of command have a responsibility to uphold standards of conduct in relation to personal relationships and fraternization, through personal example, as well as the judicious use of administrative and disciplinary action.

Objectives

3.3 The following table sets out the objectives of this DAOD and the means to achieve them:

To achieve the objective of the ...the chain of command shall ...

prevention of erosion of lawful authority,

  • safeguard the integrity of command and the exercise of lawful authority by ensuring that leaders at all levels remain objective and credible and do not compromise, relative to superior/subordinate, instructor/student, and command relationships, both in Canada and abroad.

maintenance of operational effectiveness,

  • preserve individual and unit effectiveness by ensuring a continued high state of security, cohesion, discipline and morale.

protection of vulnerable CAF members and others,

  • impose restrictions on personal relationships if required; and

  • ensure that CAF members and others in the care or protection of the CAF are not subjected to coercion or exploitation.

maintenance of general standards of professional and ethical conduct,

  • lead by example; and

  • commit to the Statement of Defence Ethics.

avoidance of detrimental effects on unit operational effectiveness,

  • issue orders and guidance appropriate to the situation.

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4. Operating Principles

Personal Conduct

4.1 CAF members in a personal relationship shall refrain from conduct that may be considered unprofessional in a military context. For example, a CAF member while in uniform in public with another person shall not:

  1. hold hands;
  2. kiss, except in greeting and farewell; or
  3. caress or embrace in a romantic manner.

4.2 A CAF member in a personal relationship with another CAF member, DND employee or member of an allied force, contractor or an employee of a contractor shall not be involved, regardless of rank or authority, in the other person's:

  1. performance assessment or reporting, including training evaluations and audits;
  2. posting, transfer or attached posting;
  3. individual training or education;
  4. duties or scheduling for duties;
  5. documents or records;
  6. grievance process; or
  7. release proceedings.

4.3 CAF members shall notify their chain of command of any personal relationship that could compromise the objectives of this DAOD.

Administrative Intervention

4.4 In order to protect CAF members in vulnerable situations and to ensure fair treatment, restrictions may be imposed on the duty or posting of CAF members involved in a personal relationship if the circumstances could result in:

  1. an instructor/student relationship that would have an effect on the security, morale, cohesion and discipline of a unit; or
  2. a senior/subordinate or inter-rank personal relationship in the same direct chain of command if there is a difference in rank or authority.

4.5 Commanding officers (COs) shall apply appropriate situational-specific criteria when dealing with individual situations or establishing any local policy with respect to personal relationships. Before establishing any local policy, unit authorities should consult with the local representative of the Judge Advocate General (JAG). Any local policy shall not be less restrictive than this DAOD.

Fraternization

4.6 Fraternization can have detrimental effects on unit operation effectiveness due to potential threats to the security, morale, cohesion and discipline of a unit. Task force commanders shall issue orders and guidance on fraternization appropriate to the situation in their area of operations.

5. Administrative Action

Adverse Personal Relationships

5.1 If a personal relationship has a negative effect on the security, cohesion, discipline or morale of a unit, the personal relationship is considered adverse for the purpose of this DAOD.

5.2 Administrative action shall be taken to separate CAF members who are involved in an adverse personal relationship.

5.3 If an adverse personal relationship cannot be changed within the applicable unit/sub-unit for the CAF members in a supervisor/subordinate relationship, the CAF members shall be separated by attached posting, posting, change in work assignments or other action.

5.4 Such a separation is not punitive in nature, nor shall there be a negative stigma or career implication towards the CAF members.

Postings

5.5 CAF members who are known to be, or have declared themselves to be involved, in a personal relationship shall normally not be posted to the same unit. If the unit is of sufficient size that posting the CAF members involved is unlikely to have an adverse effect on the security, cohesion, discipline or morale of the unit, they may be posted to same unit, but not the same sub-unit.

5.6 CAF members who form a personal relationship shall normally complete current postings, provided the work relationship does not have a negative effect on the security, cohesion, discipline or morale of the unit.

Criteria for Decision to Post

5.7 If CAF members are involved in an adverse personal relationship and posting is being considered, the CO shall consult Director General Military Careers (DGMC) or the appropriate reserve authority.

5.8 The decision having the least negative career effect on both CAF members shall be taken, considering:

  1. future career prospects for both CAF members; and
  2. the effects upon both CAF members of an internal reassignment, attached posting, posting or sub-component transfer.

Posting Process

5.9 The following table outlines the process for a posting if the personal relationship of a CAF member may be adverse:

Who does it?Action

The CO of the CAF member

determines if the personal relationship is adverse and …

 

 

 

if a CAF member of the …

then the CO shall forward all particulars along with a recommendation …

Regular Force,

for posting to DGMC.

Reserve Force,

for an attached posting, internal reassignment, posting or sub-component transfer to:

  • the applicable area commander or equivalent for the Primary Reserve;

  • the applicable regional commander for the Cadet Organizations Administration and Training Service;

  • the area commander for the Canadian Rangers; or

  • the area commander or equivalent of the sub-component to which the member is attached for the Supplementary Reserve.

Director Reserve Support Management

(CO Supplementary Reserve)

reviews and, if in the interests of the CAF, approves a sub-component compulsory transfer under QR&O 10.06, Transfer Between Sub-Components of the Reserve Force to the Supplementary Reserve.

Note - A sub-component compulsory transfer to the Supplementary Reserve is considered to be an option of last resort. It is not to be considered punitive in nature.

Disciplinary and Career Action

5.10 Before taking disciplinary and/or career action for conduct which is contrary to this DAOD, unit authorities should consult with the local representative of the JAG.

6. Responsibilities

Responsibilities Table

6.1 The following table identifies the responsibilities associated with the administration of personal relationships and fraternization:

The ...is or are responsible for ...

DGMC

  • ensuring that CAF members of the Regular Force in personal relationships are not posted into situations that could result in adverse personal relationships;

  • taking posting action if required if a CAF member of the Regular Force is in an adverse personal relationship; and

  • as the coordinating authority for the Regular Force and Reserve Force, developing procedures to deal with adverse personal relationships.

Canadian Forces Recruiting Group

  • coordinating and arranging administrative action for CAF members on the Basic Training List.

Reserve Force
area HQ or equivalent staff

  • arranging for attached postings, postings, internal reassignments and sub-component transfers if required.

Director Reserve Support Management

(CO Supplementary Reserve)
  • reviewing and approving compulsory transfers to the Supplementary Reserve.

CO

  • recommending posting action, if required, to DGMC or the appropriate reserve authority.

7. References

Acts, Regulations, Central Agency Policies and Policy DAOD

Other References

  • QR&O 10.06, Transfer Between Sub-Components of the Reserve Force
  • DAOD 5002-4, Supplementary Reserve
  • DAOD 5012-0, Harassment Prevention and Resolution
  • DAOD 5019-4, Remedial Measures
  • DAOD 5019-5, Sexual Misconduct and Sexual Disorders
  • DAOD 7021-1, Conflict of Interest
  • CFAO 27-1, Messes
  • DAOD 7023-1 Annex A, Statement of Defence Ethics