Advice from the Experts

The feature, "Advice from the Experts", will present different questions that have been raised during training and/or discussions on values and ethics in the workplace. A series of possible options will be presented, including elements to consider.

• Confidential Report - Access to Information and Privacy
• Conflict of Interest - Acceptance of Honorariums
• Conflict of Interest - Gifts, Hospitality and Other Benefits
• Conflict of Interest - Government of Canada Fleet Cards/Personal Loyalty Cards
• Conflict of Interest - Outside Employment
• Disclosing Wrongdoing - Contacts
• Fundraising - Government of Canada Workplace Charitable Campaign
• Interchange Canada Policy - Application of the Values and Ethics Code
• Post-employment Measures - Acting at EX, EX minus 1 or 2 levels.
• Values and Ethics Code Enquiries - Contacts

Confidential Report - Access to Information and Privacy

Could a third party access information contained in a Confidential Report through Access to Information and Privacy?

Anyone can make a request for information through ATIP. However, Section 19 of the Access to Information Act (see below) related to personal information prevails in this case.

Personal information	19. (1) Subject to subsection (2), the head of a government institution shall refuse to disclose any record requested under this Act that contains personal information as defined in section 3 of the Privacy Act.
Where disclosure authorized	(2) The head of a government institution may disclose any record requested under this Act that contains personal information if (a) the individual to whom it relates consents to the disclosure; (b) the information is publicly available; or (c) the disclosure is in accordance with section 8 of the Privacy Act.

This means that a public servant's personal information that would appear on the Confidential Report such as the public servant's ownership of assets, receipt of gifts, hospitality or other benefits, or participation in any outside employment or activities that could give rise to a conflict of interest would not be given to a third party unless it is in accordance with Section 8 of the Privacy Act. Tombstone information such as name, classification and position title would likely be given to the requestor.

A public servant may have access at any time to the information contained in their own Confidential Report.

Conflict of Interest - Acceptance of Honorariums

As a public servant, can I accept an honorarium for participating in meetings, conferences and on boards of directors?

Each situation must be looked at on a case by case basis to determine whether or not an apparent, real or potential conflict of interest exists.

The Code states that public servants may engage in employment outside the Public Service and take part in outside activities unless the employment or activities are likely to give rise to a conflict of interest or in any way undermine the neutrality of the Public Service.

It may be acceptable for you to receive an honorarium if:

• there is no apparent, potential or real conflict of interest between your official duties and the outside activity
• the work/activity for which you would be receiving an honorarium is an outside activity conducted on your own time; (you cannot be paid an honorarium if the work is part of your official duties and done during working hours, for which you are already receiving a salary)
• the outside activity must be conducted in a manner that will not call into question your capacity to perform your official duties
• you cannot directly or indirectly use government property of any kind for anything other than officially approved activities
• you cannot knowingly take advantage of, or benefit from, information that is obtained in the course of your official duties and responsibilities and that is not generally available to the public, for use in your outside activities

If you have any doubts as to whether accepting an honorarium could be a breach of the Code, you should discuss the situation with your Manager and, if necessary, submit a Confidential Report to the Deputy Head.

Conflict of Interest - Gifts, Hospitality and Other Benefits.

Why haven't dollar limits been established for the acceptance of gifts, hospitality and other benefits, for all public servants?

What is the Answer?

The Code specifies that the acceptance of gifts, hospitality and other benefits is permissible if they:

• are infrequent and of minimal value (low-cost promotional objects, simple meals, souvenirs with no cash value)
• arise out of activities or events related to the official duties of the public servant concerned
• are within the normal standards of courtesy, hospitality or protocol; and
• do not compromise or appear to compromise in any way the integrity of the public servant concerned or his or her organization.

No dollar amount or frequency has been specified for the whole of the Public Service in order to encourage people to exercise judgment and avoid the trap of playing with numbers as a substitute for thinking about how best to maintain the integrity of the public service. When you are offered a gift, hospitality or other benefit, it is key that you examine if its acceptance could have a real or apparent influence on your objectivity as a public servant in carrying out your official duties, or if it could be seen as placing you under obligation to the donor.

To illustrate how each situation has to be examined on its own merits, let’s look at the example of a procurement officer in the middle of a competitive bidding process. In this situation, joining one of the bidders for even just a cup of coffee could leave the impression that the bidder enjoys a special relationship with the procurement officer, which then could undermine the trust that others place in the fairness of the bidding process. Whether this influence is real or not is immaterial. The main concern is whether the act leads others to suspect the objectivity of the public servant. In these circumstances, the gesture of offering and accepting the cup of coffee could be seen as a way to influence the judgment of the procurement officer or placing him under some obligation to the bidder. In another set of circumstances, accepting a cup of coffee or a modest lunch as an expression of normal courtesy may be totally acceptable.

One has to apply the test of good judgment to avoid situations of real and perceived conflict of interest, always keeping in mind the full context of the Values and Ethics Code for the Public Service. You should be aware that your department/organization may have additional guidelines or rules pertaining to the acceptance of gifts, so you should discuss the matter with your supervisor when faced with such a situation.

Chapter 2 of the Interpretation Guide to the Values and Ethics Code found on this web-site provides case studies on the acceptance of gifts and outlines useful factors to consider in each case.

Conflict of Interest - Government of Canada Fleet Cards/Personal Loyalty Cards

Are federal government public servants who operate government vehicles and use the Government of Canada fleet card, permitted to accumulate rewards and/or reward points on their own personal loyalty cards (i.e.: Air Miles, Petrol-Points, or other types of reward points) or receive cash-backs for fuel purchases and/or repairs made?

Public servants using the Government of Canada fleet card are not permitted to accumulate rewards and/or reward points on their own personal loyalty cards (i.e.: Air Miles, Petrol-Points, or other types of reward points) or receive cash-backs for fuel purchases and/or repairs made using the Government of Canada fleet card.

The Conflict of Interest Measures, prohibits the solicitation of gifts, hospitality or other benefits for personal gain. Chapter 2 of the Values and Ethics Code, Conflict of Interest Measures, provides specific guidance on avoiding and preventing situations that could give rise to a potential, apparent or real conflict of interest. These measures are key to helping ensure that the Public Service can, and will be seen to be carrying out its responsibilities in an objective and impartial manner.

The Government of Canada credit card, often referred to as the fleet card, is normally assigned to a specific vehicle and is used for all purchases of fuel and related vehicle operating expenses. All costs accumulated using the fleet card are paid directly by the department. Government benefits on the utilization of this card include corporate discounts and tax exemptions applied directly to the invoice at time of purchase. Public servants who are required to operate a government vehicle and authorized to use the Government of Canada fleet card should not benefit personally as a result of fulfilling his/her duties for which they are fully compensated.

The Code also states that Public Servants should at all times act in such a way as to uphold the public trust. Public servants shall act at all times in a manner that will bear the closest public scrutiny.

The only exception to the general principle that Public servants are not permitted to accumulate rewards and/or reward points on their own personal loyalty cards when conducting government business can be found under the Treasury Board approved Travel Directive:

"Provided that there are no additional costs to the Crown, public servants travelling on government business can join loyalty programs and retain benefits offered by the travel industry for business or personal use. Such privilege is conditional upon the use of government approved services and products."

Conflict of Interest - Outside Employment

I am thinking about taking an unpaid leave of absence from the public service to work at a government-funded foundation.
Are there any conflict of interest issues I should be aware of?

It is important to determine whether the new post would constitute a real, apparent or potential conflict of interest situation with respect to your current responsibilities. The Values and Ethics Code, Chapter 2 says this about outside employment or activities:

• "Public servants may engage in employment outside the Public Service and take part in outside activities unless the employment or activities are likely to give rise to a conflict of interest or in any way undermine the neutrality of the Public Service.
• "Where outside employment or activities might subject public servants to demands incompatible with their official duties, or cast doubt on their ability to perform their duties in a completely objective manner, they shall submit a Confidential Report to their Deputy Head. The Deputy Head may require that the outside activities be curtailed, modified or terminated if it is determined that real, apparent or potential conflict of interest exists."

Every case has to be judged on its own merits. An opportunity to work in another role like this can often be of real benefit to everyone concerned, where each party gains a greater understanding of the working environment and issues of the other. But here are some important questions to ask yourself first:

• Am I being offered this position because of my abilities, or because of the information and influence I can offer due to my current job?
• If I had the new job, what would my relationship be with my current colleagues and department? Would I be put in an uncomfortable position of either being asked to use my influence with them, or work against them?
• When I return to the department after a leave of absence, would there be any question by others as to whether I could go back to doing my duties in a neutral and objective manner?
• Does my manager know that I am taking the leave of absence to work elsewhere? Can he or she foresee any potential problems either while I am with the foundation or when I return to my permanent position?
• We recommend that you ask your manager for his or her views in writing. You may also want to complete a confidential report to your Deputy Head. Ultimately, it is the Deputy Head's responsibility to make a decision about whether you might be in a real, apparent or potential conflict of interest. But making a request in writing also helps to protect you. If your leave to take this job is approved and there is ever any question about whether you acted appropriately, you will have something formal to show that you took the right action.

If you need someone to discuss this with further, there is a senior official for the Values and Ethics Code in your department or agency who can help you.

Disclosing Wrongdoing - Contacts

As a public servant whom do I contact if I want to disclose wrongdoing in the workplace?

Any public servant who witnesses or has knowledge of wrongdoing in the workplace may refer the matter for resolution to their supervisor, to the Senior Officer designated by the Chief Executive or to the Public Service Integrity Commissioner.
If the public servant feels the matter has not been appropriately addressed at the departmental level or a public servant has reason to believe it could not be disclosed in confidence within the organization, it may then be referred to the Public Service Integrity Commissioner in accordance with the Public Servants Disclosure Protection Act (PSDPA) .

Fundraising - Government of Canada Workplace Charitable Campaign

We are planning our activities for the Government of Canada Workplace Charitable Campaign, but the section on Solicitation in the Values and Ethics Code is making everyone a bit nervous about what's allowed. Are there new restrictions?

There are essentially no new restrictions on fundraising for charitable purposes. The section on solicitation was included in the Code (Chapter Two, Conflict of Interest Measures) for three reasons.

The first is to provide a caution to employees that prospective donors may sometimes feel undue pressure from government employees to make a donation, by virtue of their business relationship with the department or agency concerned. It is also possible that donations obtained through these business relationships could inadvertently put all parties in an apparent, potential or even real conflict of interest situation.

The second reason is that Deputy Heads are now accountable for ensuring the Code is fully upheld in their organizations. The provisions of this section help ensure they have the chance to exercise that accountability by determining what types of fundraising activities are appropriate, and with whom, depending on the organization's particular operating environment.

The third reason is to make sure the Values and Ethics Code is consistent with the section in the Criminal Code that says « ... every one commits an offence who, being an official or employee of the government, demands, accepts, or offers or agrees to accept, from a person who has dealings with the government, a commission, reward, advantage or benefit of any kind directly or indirectly? unless he has the consent in writing of the head of the branch of government that employs him or of which he is an official, the proof of which lies on him »

Essentially the section on solicitation asks employees to:

1. Think through their fundraising activities and make a formal plan of action
2. Ensure that everyone involved in the initiative, including the Deputy Head, agrees the fundraising activities are appropriate and solicitations will be appropriately managed, and
3. Have the plan signed off by the Deputy Head

As most organizations usually plan extensively for charitable giving, there should not be any adverse impact on charitable campaigns as a result of this section in the Code.

This procedure should be followed for all types of charitable fundraising.

Interchange Canada Policy - Application of the Values and Ethics Code

Does the Values and Ethics Code for the Public Service apply to public servants of Federal Public Service departments and agencies (listed under the Public Service Staff Relations Act, Schedule I, Part I) who accept temporary assignments with any other sector, either within Canada or internationally, under the Interchange Canada Policy?

Yes, the Values and Ethics Code for the Public Service forms part of the conditions of employment for all public servants working in departments, agencies and other public institutions listed in Part I, Schedule I, of the Public service Staff Relations Act and continues to be applicable to employees who are on an approved Interchange Canada assignment.

The Interchange Canada Policy confirms that an employee on an Interchange Canada Assignment remains attached to their home organization in the Federal Public Service and must return to their home organization at the end of the assignment, unless all parties agree to other arrangements.

It states that all terms and conditions, with the exception of the exclusion status associated with the position being vacated temporarily, will continue to apply. Also under the Interchange Canada Policy the Deputy Head must be satisfied that Conflict of Interest, Post-Employment and Security guidelines are adhered to.

Post-employment Measures - Acting at EX, EX minus 1 or 2 levels

I substantively occupy a position below the EX minus 2 level but I am currently acting in a position equivalent to an EX minus 2 level. I will be leaving the Public Service shortly. Will the post-employment measures apply to me?

Yes, the post-employment measures will apply to you. The Code states that these measures apply specifically to those public servants "staffed" in executive positions (EX) or their equivalent, as well as EX minus 1 and EX minus 2 positions and their equivalent. The post-employment measures also make reference to an employee's "most recent responsibilities" within the federal public service. For the purpose of the Code, "staffed" and "most recent responsibilities" include appointments on an acting basis.

For ease of reference, you will find below the hot link to the table of equivalents, which can be found in the Interpretation Guide to the Code.

Values and Ethics Code Enquiries - Contacts

As a public servant who do I go to if I have a question relating to the Values and Ethics Code for the Public Service (e.g., Conflict of Interest and/or Post-Employment Measures)?

Any public servant who wants to raise, discuss and clarify issues related to the Values and Ethics Code for the Public Service should first talk with his or her manager or contact the Senior Official designated by the Deputy Head in each department or agency.