FAQs on the Values and Ethics Code for the Public Sector

Questions

• Q1 Why will there be a new Values and Ethics Code for the Public Sector?
• Q2 How is the new Code different from the current Code?
• Q3 Which organizations will be subject to the new Public Sector Code?
• Q4 Which organizations will be subject to the Policy on Conflict of Interest and Post-Employment?
• Q5 When will the Public Sector Code come into force?
• Q6 What will happen to the current Code when the new Public Sector Code comes into place?
• Q7 Will the Public Sector Code be the code of conduct for all organizations?
• Q8 Which code will be the condition of employment for employees?
• Q9 Will the Values and Ethics Code for the Public Sector apply to contractors?
• Q10 Will the Values and Ethics Code for the Public Sector apply to term and casual employees?
• Q11 Why is there a need for organizations to have their own codes of conduct if there is already a new Public Sector Code?
• Q12 If an organization already has a code of conduct in place, has it met the requirement under the Public Servants Disclosure Protection Act?
• Q13 Can organizations simply adopt the Public Sector Code as their organizational code?
• Q14 Can organizations make changes to the Public Sector Code instead of working with two codes?
• Q15 What is the deadline for establishing an organizational code of conduct?
• Q16 Should organizations wait until the Public Sector Code is implemented before developing their organizational code of conduct?
• Q17 Do organizational codes need to be approved by the Treasury Board Secretariat?
• Q18 What support is available to help organizational code development?
• Q19 Who can lead the task of developing an organizational code?
• Q20 What steps can organizations undertake at this time?
• Q21 Should organizations include conflict of interest requirements in their organizational code?

Answers

Q1 Why will there be a new Values and Ethics Code for the Public Sector?

The creation of a new Values and Ethics Code stems from Subsection 5(1) of the Public Servants Disclosure Protection Act (PSDPA), which requires the Treasury Board to establish a code of conduct applicable to the public sector. The current Values and Ethics Code for the Public Service only applies to the core public administration^*.

Given the need for a broader application of the Code, it was necessary to revisit the Values and Ethics Code for the Public Service to ensure that the values and guidelines contained within the document are applicable to the broader public sector. It also now addresses emerging issues, such as the use of social media, and encourages consideration of the present and long-term effects that employees’ actions have on people and the environment.

Q2 How is the new Code different from the current Code?

The Values and Ethics Code for the Public Sector (Public Sector Code) is an evolution of the current Values and Ethics Code for the Public Service. The foundation is the same but the new Code highlights five values rather than four. The values enumerated in the new Code are: respect for democracy, respect for people, integrity, stewardship and excellence. The essence of the values has been maintained but the Code has been broadened and updated to reflect the realities of today. For example, the new Code includes measures related to new technologies.

The new Code will apply to the entire public sector, which includes separate employers and parent Crown corporations, whereas the current Code applies to the core public administration.

The Treasury Board of Canada Secretariat has also developed a new, separate Policy on Conflict of Interest and Post-Employment to complement the Public Sector Code. This Policy will apply only to the core public administration and will come into effect at the same time as the Code for most organizations.

Q3 Which organizations will be subject to the new Public Sector Code?

The new Code will apply to the "public sector" as defined in the Public Servants Disclosure Protection Act (PSDPA). This includes parent Crown corporations, separate agencies and organizations of the core public administration, specifically:

1. departments and agencies named in Schedules I to V of the Financial Administration Act; and,
2. Crown corporations and other public bodies listed in Schedule I of the PSDPA.

However, subject to sections 52 and 53 of the Public Servants Disclosure Protection Act, "public sector" does not include the Canadian Forces, the Canadian Security Intelligence Service or Communications Security Establishment Canada. Thus, these organizations will not be covered by the Public Sector Code.

Q4 Which organizations will be subject to the Policy on Conflict of Interest and Post-Employment?

Organizations in the core public administration will be subject to the Policy on Conflict of Interest and Post-Employment. Appendix B of the Policy outlines conflict of interest and post-employment requirements that are a condition of employment for employees in the core public administration.

Public sector organizations outside of the core public administration will be responsible for their own conflict of interest and post-employment provisions.

Q5 When will the Public Sector Code come into force?

The Values and Ethics Code for the Public Sector, tabled in Parliament on December 21, 2011, will be before both Houses of Parliament for at least 30 days before coming into force. In light of this parliamentary process, we aim to have the Code come into force on April 2, 2012. Once the Code is in force, all federal public sector employees will be required to adhere to the Code as a term and condition of employment. In the meantime, the current Values and Ethics Code for the Public Service is still in effect for the core public administration and will continue to support Public Service employees in their day-to-day work.

Q6 What will happen to the current Code when the new Public Sector Code comes into place?

For the core public administration, the new Values and Ethics Code for the Public Sector (Public Sector Code) and the Policy on Conflict of Interest and Post-Employment will replace the current Values and Ethics Code for the Public Service. For organizations outside of the core public administration, only the new Public Sector Code will be in force.

We aim to have the Values and Ethics Code for the Public Sector come into force on April 2, 2012. Once the Code is in force, all federal public sector employees will be required to adhere to the Code as a term and condition of employment. In the meantime, the current Values and Ethics Code for the Public Service is still in effect for the core public administration and will continue to support Public Service employees in their day-to-day work.

The Policy on Conflict of Interest and Post-Employment will generally be in force for the core public administration at the same time as the new Values and Ethics Code for the Public Sector; however, the implementation of the Policy will be delayed for employees who are in a statutory freeze position, in cases where the employer has been notified of an application for certification or where notice to bargain collectively has been given in accordance with sections 56 and 107 respectively of the Public Service Labour Relations Act. Employees in that situation will continue to be covered by chapters two and three of the current Code in relation to conflict of interest and post-employment.

Q7 Will the Public Sector Code be the code of conduct for all organizations?

The Public Sector Code will be the overarching code of conduct for the entire public sector, but each organization must also implement its own organizational code of conduct that is consistent with (i.e. does not contradict or lower the minimum standard of behaviour) the Public Sector Code.

Organizational codes will allow each organization to outline behaviours specific to their unique mandate and work environment. For example, organizations that serve the public on a regular basis may wish to elaborate on the expected behaviours of their public-facing officers, such as postal workers, customs officers, employment counsellors, etc.

Q8 Which code will be the condition of employment for employees?

Both the Public Sector Code and the organizational code will be conditions of employment.

In addition, for organizations of the core public administration, Appendix B of the Policy on Conflict of Interest and Post-Employment will also be a term and condition of employment. Appendix B contains detailed requirements on how public servants are to deal with conflicts of interest (e.g. what types of conflict of interest they might encounter, how to treat assets, gifts, solicitations) and post-employment situations (e.g. reporting and limitation periods).

Q9 Will the Values and Ethics Code for the Public Sector apply to contractors?

As contractors are not public servants, they will not be subject to the Values and Ethics Code for the Public Sector.

However, the contracting policies of both the Treasury Board Secretariat and Public Works and Government Services address conflicts of interest regarding contractors and consultants.

Q10 Will the Values and Ethics Code for the Public Sector apply to term and casual employees?

Yes. Term and casual employees in the public sector will be subject to the Values and Ethics Code for the Public Sector.

Q11 Why is there a need for organizations to have their own codes of conduct if there is already a new Public Sector Code?

Subsection 6(1) of the Public Servants Disclosure Protection Act requires deputy heads and chief executives of public sector organizations to establish a code of conduct applicable to their specific work environment and mandate. The organizational codes of conduct must be consistent with the Public Sector Code.

Organizational codes will allow public sector organizations to outline behaviours specific to their unique mandate and work environment. For example, organizations that serve the public on a regular basis may wish to elaborate on the expected behaviours of their public-facing officers, such as postal workers, customs officers, employment counsellors, etc.

Q12 If an organization already has a code of conduct in place, has it met the requirement under the Public Servants Disclosure Protection Act?

No. Organizational codes of conduct must be consistent with the Public Sector Code, so organizations are advised to review their current codes of conduct to ensure consistency.

Q13 Can organizations simply adopt the Public Sector Code as their organizational code?

No. It is not sufficient to adopt the Public Sector Code as an organizational code. The Public Sector Code is a high-level document applicable to the entire public sector. Organizations must establish their own codes in order to meet the requirement under the Public Servants Disclosure Protection Act and to address the specific work environment, including their particular risks and mandate.

Q14 Can organizations make changes to the Public Sector Code instead of working with two codes?

The main text (i.e. definitions of values and expected behaviours) of the Public Sector Code cannot be changed.

As explained in the Guide for Developing Organizational Codes, organizations can develop a Hybrid Model that blends the Public Sector Code with their organizational code. The Hybrid Model would be one document that captures the public sector values and behaviours, but with additions and clarifications that address their specific work environment.

Organizations can add to the Public Sector Code, clarify points, and list additional specific behaviours relevant to their employees. For example, an organization may want to develop a customized conflict of interest policy that treats specific high-risk positions or lines of business. There are construction opportunities highlighted in the Model Organizational Code to help clarify this process.

Any changes made must not lower the standard of conduct under the Public Sector Code.

Q15 What is the deadline for establishing an organizational code of conduct?

There is no legal time frame for the development of organizational codes; however, organizations are expected to work on their codes of conduct and to promote dialogue with employees in order to be ready to implement their organizational code when the Public Sector Code comes into effect.

Q16 Should organizations wait until the Public Sector Code is implemented before developing their organizational code of conduct?

Organizations that do not already have organizational codes in place are advised to begin work on the development of their organizational code of conduct as soon as possible. 

Q17 Do organizational codes need to be approved by the Treasury Board Secretariat?

No. It is not the role of the Treasury Board Secretariat to approve organizational codes. However, since organizational codes have to be consistent with the Public Sector Code, the Secretariat is providing information and tools, and is encouraging the sharing of best practices to enable organizations to create a code that is consistent with the Public Sector Code.

A five-year review of the Public Servants Disclosure Protection Act is scheduled to take place in 2012. All codes should be implemented in time to provide meaningful feedback in that process.

Q18 What support is available to help organizational code development?

To facilitate code development, the Treasury Board Secretariat has developed the Guide for Developing Organizational Codes of Conduct, the Model Organizational Code for public sector organizations, as well as other materials.

In addition to using these tools, organizations are encouraged to collaborate with each other to share best practices. The Secretariat has also established a formal advisory committee to enable organizational code development and to support organizations throughout the implementation process.

Q19 Who can lead the task of developing an organizational code?

It is up to each organization to decide on the appropriate lead of its organizational code development. The process will most likely involve a number of groups (i.e. labour relations, values and ethics, legal services, etc.).

Q20 What steps can organizations undertake at this time?

All organizations are encouraged to start reviewing their existing code of conduct or to start developing their own organizational code so that they are ready when the new Public Sector Code comes into effect.

Q21 Should organizations include conflict of interest requirements in their organizational code?

The new Policy on Conflict of Interest and Post-Employment requires organizations in the core public administration to identify and manage the operational risks around conflicts of interest and post-employment in relation to their organization's specific mandate. Appendix A of the Policy requires these organizations to include certain information to address conflict of interest and post-employment.

Organizations outside of the core public administration may choose to use the Policy as a guide for drafting their internal conflict of interest measures.

Further guidance on areas that require organizational tailoring is contained in the Model Organizational Code.

Also, Annex B of the Guide for Developing Organizational Codes of Conduct offers a Guide for the Tailoring of the Conflict of Interest and Post-Employment Requirements to assist in the treatment of conflict of interest in organizations.

^* The core public administration consists of those departments and agencies listed in Schedules I and IV of the Financial Administration Act.