Réglementation
Qui la réglemente, et ce qui est attendu
Les détails réglementaires et les données de recherche de cette page sont présentés en anglais.
Defense splits in two. DND's civilian employees are covered by the Canada Labor Code's health and safety Part like any other federal employer, though the Code's hours-of-work standards do not reach federal departments, so their schedules come from Treasury Board terms and collective agreements rather than statutory limits. Uniformed Canadian Armed Forces members are outside the Code altogether: their safety runs through the National Defense Act and defense directives on general, range, field and laser safety, enforced by the chain of command. No public CAF-wide fatigue or duty-time policy could be found. Human rights law reaches both groups.
Qui la réglemente
Civilian employees of the Department of National Defense are covered by the health and safety Part of the Canada Labor Code; the Code's hours-of-work Part does not reach federal departments, so their hours come from Treasury Board terms and collective agreements. Uniformed Canadian Armed Forces members sit outside the Code, under the National Defense Act, with the Vice Chief of the Defense Staff as safety authority.
Vos obligations
For DND civilian staff the obligations are the federal ones: ensure health and safety is protected, run a hazard prevention program, consult the workplace health and safety committee, and accommodate disability to the point of undue hardship. Hours of work are not set by statute for federal departments; they come from Treasury Board terms and collective agreements. For uniformed members the duty runs through the National Defense Act and defense orders, with the Vice Chief of the Defense Staff as safety authority and commanding officers responsible for the general safety program in their units. Human rights obligations apply to serving members too.
Conséquences
For DND civilian employees the consequences are federal: directions from a health and safety officer, administrative monetary penalties, and prosecution under the Canada Labor Code where a contravention is serious. Uniformed members cannot use that route, because the Code does not reach them, so a safety failure is handled internally through the chain of command, the National Defense Act grievance process and the Military Grievances External Review Committee. Human rights are the exception: the Canadian Human Rights Act deems Canadian Forces members to be employed by the Crown, so a serving member can complain about a failure to accommodate a diagnosed sleep disorder, and the Tribunal can order damages.
Sanctions
The money figures apply to DND's civilian workforce, not uniformed members. Canada Labor Code maximums are a $1,000,000 fine and up to two years' imprisonment on indictment, plus administrative monetary penalties, which for a federal department reach $50,000 a violation and $150,000 where there is a history of non-compliance in the past five years. Canadian Human Rights Tribunal awards, open to serving members and civilians alike, are compensatory and set case by case.
Antécédents
No Canadian court, coroner, investigator or regulator has published a finding linking fatigue to an incident in defense.
Sources: Government of Canada overview of Canada Labour Code coverage; Canada Labour Code sections 148 and 167 and the federal administrative monetary penalty regulations; Canadian Human Rights Act section 64; DAOD 2007-0 and 2007-1; National Defence Act; TSB report M16P0378.