davidrichler said:
Don't people with disabilities have rights under the constition? And how does having a disability automatically make you fail to meet the Universality of Service? If a person can perform a task effiecently why would they be excluded automatically based of a flawed logical assumption? If the government cannot follow it's own constitution and give all of it's citizens equal rights what it the point of our human rights here in Canada?
JUST FYI.
DAOD 5023-0, Universality of Service
Identification
Date of Issue: 2006-05-19
Effective Date: 2006-05-08
Application: This is an order that applies to officers and non-commissioned members of the Canadian Forces ("CF members").
Approval Authority: This DAOD is issued under the authority of the Chief of Military Personnel (CMP).
Enquiries: Director Military Personnel Policy (DMP Pol)
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Policy Direction
Context
The mission of the DND and the CF is to defend Canada, its interests and its values, while contributing to international peace and security.
To execute this mission the CF must be given broad authority and latitude in utilizing CF members and their skills. The statutory basis for this authority is section 33 of the National Defence Act. The fundamental importance of this authority to the functioning and effectiveness of the CF is recognized in subsection 15(9) of the Canadian Human Rights Act which provides that the duty to accommodate under subsection 15(2) of that Act is subject to the principle of universality of service. Under this principle, CF members must at all times and under any circumstances perform any functions that they may be required to perform.
Effective performance of the broad range of defence and security tasks assigned to the CF requires that CF members be capable of performing a similarly broad range of general military, common defence and security duties, in addition to the more particular duties of their military occupation or occupational specification. This open-ended nature of military service is one of the features that distinguish it from the civilian notion of employment governed by a contract, which obliges employees to perform only those duties specified in their job description or contract.
Principle of Universality of Service
The principle of universality of service or "soldier first" principle holds that CF members are liable to perform general military duties and common defence and security duties, not just the duties of their military occupation or occupational specification. This may include, but is not limited to, the requirement to be physically fit, employable and deployable for general operational duties.
Policy Statement
The CF is committed to the application of the principle of universality of service in the CF.
Authority
CMP has the authority to develop and approve policy concerning universality of service.
References
Source References
■Canadian Human Rights Act, subsection 15(9)
■National Defence Act, section 33
Related References
■DAOD 5023-1, Minimum Operational Standards Related to Universality of Service
■DAOD 5023-2, Physical Fitness Program
DAOD 5023-1, Minimum Operational Standards Related to Universality of Service
Identification
Date of Issue: 2006-05-19
Effective Date: 2006-05-08
Application: This is an order that applies to officers and non-commissioned members of the Canadian Forces ("CF members").
Supersession: Changes to Universality of Service Policy Application, 5000-1 (ADM(HR-Mil)) 6 November 2000
Approval Authority: This DAOD is issued under the authority of the Director General Military Personnel(DGMP).
Enquiries: Director Military Personnel Policy (DMP Pol)
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Operating Principles
Application
The application of the minimum operational standards related to universality of service is set out in the following table:
A CF member of the … is required …
Regular Force (Reg F)
to meet the minimum operational standards.
Primary Reserve (P Res)
Canadian Rangers
to meet the minimum operational standards if attached, seconded or transferred on consent to the Reg F or P Res.
Cadet Instructors Cadre (CIC)
Supplementary Reserve (Supp Res)
Note - In addition to any other standard for enrolment, applicants to the Reg F and P Res are required to meet, or be capable of meeting, the minimum operational standards.
Context
The overriding purpose of the Reg F and the P Res is to conduct and support military operations. The Supp Res provides an augmentation capability for the Reg F and P Res as well as for other sub-components. The Canadian Rangers provide a military presence in sparsely settled, northern, coastal and isolated areas of Canada. The CICs primary duty is the supervision, administration and training of cadets.
All CF members who serve in or with the Reg F and P Res are expected to be able to contribute to, and be ready for, operational duty in the service of the nation when required. The inability of CF members to do so reduces the capability and flexibility of the CF to mount and sustain operations.
Minimum Operational Standards
The following table sets out the minimum operational standards related to the principle of universality of service. These standards reflect the minimum standards and may be increased for operational, environmental or military occupational requirements as detailed in other DAODs, policies and operational orders.
Minimum Operational Standard A CF member is required to … which …
Be physically fit
meet the common fitness requirements of general military service as indicated by the attainment of the CF minimum physical fitness standards as set out in the Canadian Forces EXPRES Operations Manual,
■are based upon the performance of the following five common tasks for CF members:
•high-low crawl (See Note);
•sea evacuation (See Note);
•entrenchment dig;
•casualty evacuation (See Note); and
•sand bag carry (See Note).
Be employable
be able to perform the skill elements of common operational core tasks, as indicated by satisfactory routine unit and pre-deployment training evaluation and be free of medical employment limitations that would preclude performance of core tasks,
■requires a CF member to perform the following common operational core tasks:
•fire and maintain a personal weapon;
•conduct individual nuclear, biological and chemical (NBC) drills;
•perform simple NBC monitoring;
•provide initial fire fighting response to fire fighting emergencies;
•administer first aid;
•perform cardiopulmonary resuscitation;
•perform drill (See Note);
•communicate using a radio;
•prepare written military correspondence;
•secure and lock up work areas; and
•enforce hygiene and sanitation standards.
Be deployable
not have a medical or other employment limitation that would preclude deployment,
■requires a CF member to:
•perform duties in the full variety of geographical locations and climatic conditions in any physical environment;
•deploy on short notice;
•sustain irregular or prolonged working hours;
•sustain irregular or limited meals, and in some cases missing meals altogether;
•travel as a passenger in any mode of transportation;
•perform duties under physical and mental stress;
•perform duties with minimal or no medical support; and
•perform effectively without critical medication.
Note - Specific standards are detailed in Annex D, Appendix 1 of A-MD-154-000/FP-000, Medical Standards for the Canadian Forces.
Breach of Minimum Operational Standards
If it is determined after an administrative review (AR) by the appropriate authority that a member of the Reg F or P Res is permanently unable to meet one or more of the minimum operational standards, the CF member shall be:
■released from the Reg F or P Res, or a recommendation made for release, as applicable; or
■retained subject to employment limitations on a temporary, transitional basis.
Temporary Employment Limitation
A temporary employment limitation for a CF member which results in the inability of the CF member to meet the minimum operational standards is not considered a breach of those standards.
Restriction on Duty
A restriction on duty imposed on a CF member under DAOD 5003-1, Restrictions on Duty, is not a breach of the minimum operational standards.
Top of Page
Applicability of Minimum Operational Standards to Groups
CF Members under the Age of 18
Section 34 of the National Defence Act (NDA) prohibits the deployment of a CF member under the age of 18 to a theatre of hostilities. This restriction was imposed to discharge Canada's international treaty obligations and is not considered a breach of the minimum operational standards.
Chaplains
QR&O 33.03(2) provides that chaplains shall not be required to perform any duty other than those pertaining to their calling. Accordingly, chaplains are exempt from the requirement to perform general military duties and common defence and security tasks.
Chaplains are still required to be medically and physically fit and deployable.
Canadian Rangers, CIC and Supp Res
CF members of the Canadian Rangers, CIC and Supp Res are not required to meet the minimum operational standards unless attached, seconded or transferred on consent to the Reg F or P Res.
CF members of the Canadian Rangers and the CIC are liable for general service under section 33 of the NDA. They could be called out in an emergency or be placed on active service in Canada, and are required to perform general military duties in these circumstances.
Applicability of Minimum Operational Standards to Individuals
Retention Subject to Employment Limitations
If the recommendation of an AR is the release of a CF member because the CF member is in breach of the minimum operational standards, the CF member may be retained subject to employment limitations only on a temporary, transitional basis if there is:
■a critical shortage in the CF member's military occupation; or
■a requirement for a specific skill set.
A CF member who is not military-occupation qualified and is in breach of the minimum operational standards is not to be retained.
Retention Subject to Employment Limitations Process
The process to determine the limits for the retention of a CF member subject to employment limitations is set out in the following table:
For the Reg F … For the P Res …
■through the annual military occupation review (AMOR) process as detailed in CF Mil Pers Instr 01/08, Annual Military Occupation Review (AMOR); and
■in consultation with managing authorities.
■by limits set by Chief of Maritime Staff (CMS), Chief of the Air Staff (CAS), Chief of the Land Staff (CLS), Chief of Military Personnel (CMP), Assistant Deputy Minister (Information Management) ADM(IM), and Judge Advocate General (JAG), or designated staff, as applicable, based on a case-by-case review of individual unit requirements.
Note - AR approving authorities shall take these limits into account when determining whether or not to retain a CF member subject to employment limitations.
Period of Retention Subject to Employment Limitations
The period of retention of a CF member who is subject to employment limitations is set out in the following table:
For the Reg F … For the P Res …
the earliest of:
■the period of the shortage or requirement described in the Retention Subject to Employment Limitations block;
■the end of the current term of service; or
■a period of three years.
the earlier of:
■the period of the shortage or requirement described in the Retention Subject to Employment Limitations block; or
■a period of three years.
The period of retention during which a CF member is subject to employment limitations only applies while the CF member is serving in his or her current component or sub-component and may not be transferred to another component or sub-component.
Career Implications
Any period of retention subject to employment limitations is a transitional period of service leading to release from the Reg F or P Res. During this period the CF member is expected to perform all military duties except those related to the CF member's employment limitations. During the period of retention, a CF member:
■remains liable for posting for service requirements only;
■is not eligible for career courses (see DAOD 5031-8, Canadian Forces Professional Development); and
■is only eligible for promotion if he or she meets the applicable promotion criteria.
Upon completion of a period of retention subject to employment limitations, a CF member is only eligible to be considered for a component or sub-component transfer to the Supp Res, Canadian Rangers or CIC.
Responsibilities
Responsibility Table
The following table identifies the responsibilities associated with the minimum operational standards related to the universality of service:
The … is or are responsible for …
CMP (through the AMOR process)
■setting limits for the retention of CF members with employment limitations in order to maximize trained effective strength for each military occupation and rank for the Reg F; and
■communicating limits on the retention of CF members with employment limitations to the AR approving authorities.
CMS, CAS, CLS, CMP, ADM(IM) and JAG, or designated staff
■setting limits for the retention of CF members with employment limitations so as to maximize trained effective strength for the P Res;
■communicating limits on the retention of CF members with employment limitations to the AR approving authorities;
■approving postings for a P Res member retained with employment limitations; and
■maintaining a record of P Res members who have been retained with employment limitations.
Director General Recruiting and Military Careers (DGRMC)
■maintaining a record of Reg F members who have been retained with employment limitations.
Director Military Careers or Director Senior Appointments, as appropriate
■approving postings for a Reg F member retained with employment limitations.
commanding officer, area headquarters or equivalent or DGRMC as applicable
■initiating an AR if a CF member is permanently unable to meet any of the minimum operational standards.
CF Recruiting Group Headquarters
■developing recruiting procedures for the Reg F and
P Res to ensure that all applicants are capable of meeting the minimum operational standards.
References
Source Reference
■DAOD 5023-0, Universality of Service
Related References
■Canadian Human Rights Act
■National Defence Act, section 34
■QR&O 33.03, Religious Ministrations
■DAOD 5002-3, Component and Sub-Component Transfer
■DAOD 5003-1, Restrictions on Duty
■DAOD 5019-2, Administrative Review
■DAOD 5023-2, Physical Fitness Program
■DAOD 5031-8, Canadian Forces Professional Development
■CFAO 11-6, Commissioning And Promotion Policy - Officers - Regular Force
■CFAO 49-4, Career Policy Non-Commissioned Members Regular Force
■CFAO 49-5, Career Policy - Non-Commissioned Member - Primary Reserve
■CFAO 49-12, Promotion Policy - Officers - Primary Reserve
■A-MD-154-000/FP-000, Medical Standards for the Canadian Forces
■ADM(HR-Mil) Instruction 11/04, Canadian Forces Medical Standards
■CF Mil Pers Instr 01/08, Annual Military Occupation Review (AMOR)
■CANFORGEN 081/05, Clarification on the use of Cadet Instructor Cadre (CIC) Officers outside the Canadian Cadet Movement
■CANFORGEN 087/06, New DAODs on Universality of Service, Minimum Operational Standards Related to Universality of Service, and CF Physical Fitness Program
■Canadian Forces EXPRES Operations Manual