QR&Os: Volume I - Chapter 20 Canadian Forces Drug Control Program

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Amendment List:

History:

Section 1 - General

20.01 - DEFINITIONS

In this chapter,

"accident" (accident)
means an event that appears to be of an accidental nature and that results in
  1. loss of life or serious injury, or
  2. significant damage to a defence establishment, public or private property or materiel;
"designated testing agency" (agence d'analyse désignée)
means a laboratory designated by the Chief of the Defence Staff for the purpose of testing samples of urine for the presence of a drug;
 
"drug" (drogue)
means
  1. a controlled substance as defined in the Controlled Drugs and Substances Act (Statutes of Canada, 1996, Chapter 19); or
  2. any other substance, except for alcohol, the use of which can impair normal psychological or physical functioning and the use of which has been prohibited by the Chief of the Defence Staff;
    (1 September 1999)
"incident" (incident)
means an event that gives rise to a reasonable apprehension that an accident could have occurred, although no accident actually resulted from the event;
"subdivision of a unit or element" (subdivision d'une unité ou d'un élément)
means a formally organized body within a unit or element such as a platoon, directorate, section or flight;
"use" (usage)
means any act of injecting, swallowing, inhaling, smoking, ingesting or otherwise absorbing into the human body.

(G) (P.C. 1999-1305 of 8 July 1999 effective 1 September 1999)

20.02 - APPLICATION

The Canadian Forces Drug Control Program, the essential elements of which are education, detection, treatment and rehabilitation, applies to all officers and non-commissioned members.

(G)

NOTE

Although Section 3 of this Chapter concerns testing for drug use, the element of "detection" mentioned in this article is broader. It includes other legal methods of detecting use or other involvement with drugs, such as properly authorized investigations.

(C)

20.03 - PURPOSE

The purpose of the Canadian Forces Drug Control Program is the maintenance of:

  1. the operational readiness of the Canadian Forces;
  2. the safety of members of the Canadian Forces and the public;
  3. the health of members of the Canadian Forces and the public;
  4. the security of defence establishments, materiel and other public or private property;
  5. the security of information classified in the national interest or otherwise protected by law;
  6. discipline within the Canadian Forces;
  7. the reliability of members of the Canadian Forces; and
  8. cohesion and morale within the Canadian Forces.

(G)

20.04 - PROHIBITION

No officer or non-commissioned member shall use any drug unless:

  1. the member is authorized to use the drug by a qualified medical or dental practitioner for the purposes of medical treatment or dental care;
  2. the drug is contained in a non-prescription medication used by the member in accordance with the instructions accompanying the medication; or
  3. the member is required to use the drug in the course of military duties. 

(G)

NOTES

(A) Possession, possession for purpose of trafficking, trafficking, importing, exporting, manufacturing and cultivating certain drugs constitute offences contrary to federal legislation such as the Controlled Drugs and Substances Act. These activities are included in the phrase "other involvement with drugs" which appears in articles 20.05 (Education) and 20.19 (Treatment and Rehabilitation). (1 September 1999)

(B) This regulation does not authorize a military authority to order or permit the use of a drug by a member when that use, or possession of the drug, is prohibited by another law.

(C) (1 September 1999)


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Section 2 - Education

20.05 - EDUCATION

(1) The Chief of the Defence Staff shall establish programs to educate members of the Canadian Forces with respect to the use of or other involvement with drugs.

(2) The education programs required by paragraph (1) should contain, as a minimum, information concerning:

  1. the types of drugs the use of which is prohibited by article 20.04 (Prohibition);
  2. the physical and psychological effects of drug use;
  3. the impact of drug use on the effectiveness of military forces, the safety of the member and others, the health of the member and the member's career; and
  4. the programs available to assist members who have problems with respect to the use of or other involvement with drugs.

(G)


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Section 3 - Testing

20.06 - MANDATORY URINE TESTING

(1) Every officer or non-commissioned member shall provide a sample of urine when ordered to do so pursuant to any of articles 20.08 (Deterrent Testing) to 20.13 (Blind Testing).

(2) The sample shall be of sufficient quantity to permit testing in accordance with article 20.17 (Testing Procedures).

(3) An officer or non-commissioned member who provides a sample of urine in accordance with paragraph (1) shall not dilute, adulterate or contaminate the sample or otherwise make the sample unsuitable for testing.

(G)

NOTE

The quantity of the sample referred to in paragraph (2) is prescribed in orders issued by the Chief of the Defence Staff pursuant to paragraph (1) of article 20.17 (Testing Procedures).

(C)

20.07 - TESTING ORDER

(1) An order for mandatory urine testing made pursuant to any of articles 20.08 (Deterrent Testing) to 20.13 (Blind Testing) shall be issued in writing.

(2) The order shall contain, as a minimum,

  1. information sufficient to clearly identify the officers or non-commissioned members who are subject to the order;
  2. the article under which the testing is ordered;
  3. the time period within which the urine samples are to be obtained; and
  4. where only one person is authorized to obtain urine samples, the name or designation of that person and, where more than one person is authorized to obtain samples, the name or designation of the person who is to supervise the obtaining of the samples.

(3) Any officer or non-commissioned member subject to testing pursuant to an order shall be shown a copy of the order on request.

(G)

20.08 - DETERRENT TESTING

(1) An officer designated by the Chief of the Defence Staff may select any unit or element, or any subdivision of a unit or element having an establishment of five members or more, and order that each of the officers and non-commissioned members of or present at that unit, element or subdivision provide a urine sample.

(2) Where a subdivision of a unit or element has an establishment of less than five members, it shall, for the purposes of paragraph (1), be grouped with a unit or element, or a subdivision of a unit or element, so that the group shall consist of not less than five members.

(3) The method of selection of units, elements and subdivisions under paragraph (1) shall be on a random basis, except that the method of selection may provide for the more frequent selection of operational units, elements and subdivisions.

(G)

NOTES

(A) The principal aim of the testing provided for in this article is to promote the purposes specified in article 20.03 (Purpose) by increasing the probability of the detection of prohibited use through testing at unpredictable times so as to deter officers and non-commissioned members from using a drug contrary to article 20.04 (Prohibition).

(B) A secondary aim of the testing is to detect members using drugs contrary to article 20.04 so that

  1. administrative action can be taken to reduce the danger that may result from the member's drug use;
  2. assistance can be given to those members to cease drug use; and
  3. additional administrative action can be taken, if appropriate.

(C) Because the focus on this testing is deterrence and rehabilitation, paragraph (1) of article 20.15 (Disciplinary and Administrative Action) does not permit the results of the urine test to be used as evidence in any disciplinary proceeding against the member who was the subject of the test.

(C)

20.09 - TESTING OF MEMBERS IN HIGH RISK SAFETY SENSITIVE POSITIONS

(1) An officer designated by the Chief of the Defence Staff may order any officer or non-commissioned member who is in an occupation or a position designated as safety sensitive under paragraph (2) to provide a urine sample.

(2) The Chief of the Defence Staff may designate any occupation or position as safety sensitive where, in his opinion, a high risk to the safety of individuals would be created if a member in the occupation or position were under the influence of a drug while on duty.

(G)

NOTES

(A) The principal aim of the testing provided for in this article is to promote the purposes specified in article 20.03 (Purpose) by authorizing the testing, at unpredictable times, of officers or non-commissioned members in occupations or positions where impairment could have the most significant impact on safety. This is to deter those members from using a drug contrary to article 20.04 (Prohibition) and permit appropriate action to be taken to reduce the danger where use has been detected.

(B) Because the focus of this testing is deterrence and administrative action to reduce the danger to safety, paragraph (1) of article 20.15 (Disciplinary and Administrative Action) does not permit the results of the urine test to be used as evidence in any disciplinary proceedings against the member who was the subject of the test.

(C)

20.10 - ACCIDENT AND INCIDENT RELATED TESTING

In the course of an investigation of an accident or incident, a commanding officer may order an officer or non-commissioned member to provide a sample of the member's urine where the causes or contributing factors to the accident or incident have not yet been determined and the commanding officer has a reasonable belief that

  1. having regard to the nature of the accident or incident, an act or omission of one or more of the members to be tested could have caused or contributed to its occurrence; and
  2. if the urine sample were to be provided only after the investigation had established reasonable grounds to test a specific member, it is probable that the sample of urine would be obtained too late for testing to determine whether there was a drug present in the member's body at the time that the member may have caused or contributed to the accident or incident.

(G)

NOTES

(A) The aim of the testing provided for in this article is to promote the purposes specified in article 20.03 (Purpose) by determining whether the use of a drug by an officer or non-commissioned member contributed, directly or indirectly, to an accident or incident so that, if it did, appropriate action can be taken to prevent a recurrence.

(B) The authority to order testing provided by this article does not apply to accidents or incidents where there is sufficient time to determine that

  1. no member caused or contributed to the accident or incident; or
  2. a specific member or members caused or contributed to the accident or incident and there are reasonable grounds to believe that the member or members had used a drug contrary to article 20.04 (Prohibition) (see article 20.11 - Testing for Cause).

(C) Because the testing authorized by this article is only for the purposes of promoting safety and the protection of property by accurately determining the causes of an accident or incident, paragraph (1) of article 20.15 (Disciplinary and Administrative Action) does not permit the results of the urine test to be used as evidence in any disciplinary proceedings against the member who was the subject of the test.

(C)

20.11 - TESTING FOR CAUSE

(1) Where a commanding officer has reasonable grounds to believe that an officer or non-commissioned member has used a drug contrary to article 20.04 (Prohibition) within a time period during which that use could reasonably be detected by urine testing, the commanding officer may order the member to provide a sample of urine.

(2) Before a commanding officer decides whether reasonable grounds exist to order that the member provide a urine sample, the commanding officer shall cause the member to be:

  1. provided with a written or oral summary of the information that forms the grounds upon which the decision would be based; and
  2. given a reasonable opportunity to provide additional information and submissions to the commanding officer concerning whether the member should be ordered to provide a urine sample.

(3) There is no obligation on the member under paragraph (2) to provide additional information and make submissions should the member not wish to do so.

(4) Nothing in paragraph (2) requires the release of information that could properly have been exempted or excluded from release had the member requested that information pursuant to the Privacy Act or Access to Information Act.

(5) The results of a urine test obtained under any other article in this section do not constitute reasonable grounds to order testing pursuant to this article.

(G)

NOTE

The aim of the testing provided for in this article is to promote the purposes specified in article 20.03 (Purpose) by authorizing the testing of officers or non-commissioned members in cases where sufficient information exists to establish reasonable grounds to believe that the member has used a drug contrary to article 20.04 (Prohibition) so that, if the testing detects the presence of a drug in the urine sample, appropriate administrative and disciplinary action can be taken to prevent further use and reduce any dangers associated with the previous use.

(C)

20.12 - CONTROL TESTING

(1) A commanding officer may order an officer or non-commissioned member to provide, at such times as the commanding officer directs, a sample of the member's urine while the member is undergoing an administrative program as a result of previously confirmed drug use by the member contrary to article 20.04 (Prohibition).

(2) The frequency that a member may be required to provide a urine sample pursuant to paragraph (1) shall be the minimum frequency that, in the opinion of the commanding officer, is reasonably necessary in the circumstances of the case to confirm continued abstinence from drug use by the member.

(G)

NOTE

The aim of this article is to promote the purposes specified in article 20.03 (Purpose) by authorizing the testing of officers or non-commissioned members who have used a drug contrary to article 20.04 (Prohibition) in order to confirm that the administrative procedure is effective in preventing such unauthorized drug use by that member and to permit appropriate administrative and disciplinary action to be taken if the administrative procedure has not been effective.

(C)

20.13 - BLIND TESTING

(1) An officer designated by the Chief of the Defence Staff may, where he considers it necessary, order any officer or non-commissioned member to provide, on an anonymous basis, a sample of the member's urine.

(2) The procedures for providing a urine sample pursuant to paragraph (1) shall ensure that no sample can be attributed to a specific member.

(G)

NOTE

The aim of this article is to promote the purposes specified in article 20.03 (Purpose) by authorizing testing to determine the prevalence of drug use in the Canadian Forces so that the requirement for changes in programs or policies can be evaluated on the basis of factual information.

(C)

20.14 - FAILURE OR REFUSAL TO PROVIDE A URINE SAMPLE

(1) No officer or non-commissioned member shall, without reasonable excuse, fail or refuse to provide a urine sample when required to do so in accordance with this chapter.

(2) Failure or refusal to provide a urine sample in accordance with this chapter may result in disciplinary or administrative action, or both.

(G)

20.15 - DISCIPLINARY AND ADMINISTRATIVE ACTION

(1) In any proceedings before a service tribunal, the results of a urine test obtained pursuant to this chapter may be used as evidence against the officer or non-commissioned member who was the subject of the test only where the test was ordered pursuant to article 20.11 (Testing for Cause) or 20.12 (Control Testing).

(2) Administrative action, including release, may be taken in accordance with orders issued by the Chief of the Defence Staff against an officer or non-commissioned member for contravention of article 20.04 (Prohibition).

(3) The administrative action authorized under paragraph (2) may be based solely, or in part, on the results of a test of the member's urine that demonstrates that a drug was present in the member's body at the time that the urine sample was given.

(4) Prior to administrative action being taken under paragraph (2), the member shall be given a reasonable opportunity to provide additional information and submissions concerning why that action should not be taken.

(G)

20.16 - LIMITATIONS

No action may be taken with respect to an officer or non-commissioned member on the basis of a urine sample that indicates the presence of a drug in the member's body unless

  1. the testing of the sample was conducted by a designated testing agency using procedures recognized as producing scientifically valid results; and
  2. a sufficient portion of the sample is retained to permit independent testing of the sample to be done by the officer or non-commissioned member.

(G)

20.17 - TESTING PROCEDURES

(1) The Chief of the Defence Staff may prescribe in orders:

  1. the procedures for obtaining a urine sample, testing the sample and reporting the results of the testing; and
  2. the technical standards for the testing of urine samples to be met by the designated testing agencies.

(2) The procedures for obtaining a urine sample in accordance with this section shall safeguard the privacy and maintain the dignity of the officer or non-commissioned member to the greatest extent practicable consistent with the necessity to obtain a valid urine sample.

(G)

20.18 - REVIEW OF TEST RESULTS

(1) Subject to paragraphs (2) and (3), where the result of a urine test creates a reasonable doubt as to whether a drug was present in the body of the officer or non-commissioned member at the time the sample was provided, the doubt shall always be resolved in favour of the member by determining that the result did not demonstrate the presence of a drug.

(2) Where the results of a urine test demonstrate that a drug was present in the body of an officer or non-commissioned member at the time the sample was given and the member denies using the drug contrary to article 20.04 (Prohibition), a review board, which shall include a medical practitioner, shall review the results and take any action that it considers necessary to determine the validity of the test result prior to any final administrative or disciplinary action being taken against the member.

(3) Where the review board determines that there is a doubt as to the validity of the test result, the review board may

  1. determine that the sample did not demonstrate the presence of a drug; or
  2. direct that the sample be re-tested.

(4) Where a sample has been re-tested pursuant to a direction under subparagraph (3)(b), the review board shall treat the results in accordance with paragraph (1) or (2), as applicable.

(5) Where the result of a urine test demonstrates that a drug was present in the body of the officer or non-commissioned member at the time the sample was provided and that result is confirmed by a review board, the member may, within 7 days after being informed of the decision of the review board, request that a portion of the sample that resulted in the positive determination, of sufficient quantity for testing, be forwarded for independent analysis to a testing agency of the member's choice.

(6) The testing agency chosen by the member must comply with the procedures and meet the technical standards prescribed pursuant to paragraph (1) of article 20.17 (Testing Procedures) for a designated testing agency.

(7) The cost of an independent test pursuant to paragraph (5) shall be the responsibility of the member requesting the test.

(8) Where an independent test pursuant to paragraph (5) fails to confirm the presence of a drug in the body of the member at the time the sample was provided, it shall be determined that the sample did not demonstrate the presence of a drug.


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Section 4 - Treatment and Rehabilitation

20.19 - TREATMENT AND REHABILITATION

(1) The Chief of the Defence Staff shall establish a program for the treatment and rehabilitation of those officers and non-commissioned members who have used or have otherwise been involved with drugs in a manner contrary to these regulations or any other law of Canada.

(2) The program may include medical treatment and rehabilitation, administrative action which promotes rehabilitation, or a combination of both.

(3) Nothing in paragraph (1) or (2) limits any disciplinary or administrative action referred to in article 20.15 (Disciplinary and Administrative Action).

(G)

(20.20 TO 20.99 INCLUSIVE: NOT ALLOCATED)