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Her Majesty the Queen in Right of Canada,
represented by the Minister of Public Works
and Government Services, 2003.
Available through your local bookseller
or by mail from
Canadian Government PublishingCommunication Canada
Ottawa (Ontario)
KIA OS9
Telephone: (613) 941-5995
Orders only: 1-800-635-7943
(Canada and U.S.A.)Fax: (613) 954-5779 or
1-800-565-7757 (Canada and U.S.A.)
Internet: http://publications.communication.gc.ca
Catalogue No.: BT22-89/2003
ISBN 0-660-62352-8
This document is available in multiple formats.
This document is available on the TBS Web site
at the following address: www.tbs-sct.gc.ca
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Table of ContentsChapter 1: Statement of Public ServiceValuesand Ethics
The Role of the Public Service of Canada . . . . 5
Objectives of this Code . . . . . . . . . . . . . . . . . . . 6
Public Service Values . . . . . . . . . . . . . . . . . . . . . 7
Democratic Values . . . . . . . . . . . . . . . . . . . . . . 7
Professional Values . . . . . . . . . . . . . . . . . . . . . 8
Ethical Values . . . . . . . . . . . . . . . . . . . . . . . . . . 9
People Values . . . . . . . . . . . . . . . . . . . . . . . . . .10
Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
Responsibilities, Authorities
and Accountabilities . . . . . . . . . . . . . . . . . . . .11
Overall Responsibility of Public Servants . . .11
Public Servants . . . . . . . . . . . . . . . . . . . . . . . .12
Deputy Heads . . . . . . . . . . . . . . . . . . . . . . . . . .14
Treasury Board . . . . . . . . . . . . . . . . . . . . . . . .17
Public Service Integrity Officer . . . . . . . . . . . .18
Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . .18
for the Public Service
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Chapter 2: Conflict of Interest Measures
Objective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
Measures to Prevent Conflict of Interest . . . . .19
Methods of Compliance . . . . . . . . . . . . . . . . . . .22
Assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
Outside Employment or Activities . . . . . . . . .24
Gifts, Hospitality and Other Benefits . . . . . . .25
Solicitation . . . . . . . . . . . . . . . . . . . . . . . . . . . .26
Legal Framework . . . . . . . . . . . . . . . . . . . . . .27
Preferential Treatment . . . . . . . . . . . . . . . . . . .28
Chapter 3: Post-Employment Measures
Objective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29
Overall Responsibility of Public Servants . . . .29
Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30
Before Leaving Office . . . . . . . . . . . . . . . . . . . . .30
Limitation Period . . . . . . . . . . . . . . . . . . . . . . . .31
Reduction of Limitation Period . . . . . . . . . . . . .32
Exit Arrangements . . . . . . . . . . . . . . . . . . . . . . .33
Reconsideration . . . . . . . . . . . . . . . . . . . . . . . .33
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for the Public Service
Chapter 4: Avenues of Resolution
Public Service Values and Ethics . . . . . . . . . . .35
Measures on Conflict of Interest
and Post-Employment . . . . . . . . . . . . . . . . . . .36
Failure to Comply . . . . . . . . . . . . . . . . . . . . . . . .37
Enquiries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37
Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38Confidential Report . . . . . . . . . . . . . . . . . . . . .38
Appendix A
Assets, Liabilities and Trusts . . . . . . . . . . . . . .39
Assets and Liabilities Subject to
a Confidential Report . . . . . . . . . . . . . . . . . . .39
Assets Not Requiring a
Confidential Report . . . . . . . . . . . . . . . . . . . .41
Divestment of Assets . . . . . . . . . . . . . . . . . . . .43
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Statement of Public ServiceValues and EthicsThe Role of the PublicService of Canada
The Public Service of Canada isan important national institution,part of the essential frameworkof Canadian parliamentarydemocracy. Through the support
they provide to the dulyconstituted government, publicservants contribute in afundamental way to goodgovernment, to democracy andto Canadian society.
The role of the Public Service is to assist theGovernment of Canada to provide for peace,order and good government. The Constitutionof Canadaand the principles of responsiblegovernment provide the foundation for PublicService roles, responsibilities and values.
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The democratic mission of the Public Service
is to assist Ministers, under law, to serve thepublic interest.
Objectives of this Code
The Values and Ethi cs Code for the Publ ic Servicesets forth the values and ethics of public serviceto guide and support public servants in all theirprofessional activities. It will serve to maintainand enhance public confidence in the integrity ofthe Public Service. The Code will also serve tostrengthen respect for, and appreciation of, therole played by the Public Service withinCanadian democracy.
The Code sets out Public Service values as wellas Conflict of Interest and Post-EmploymentMeasures.
The Code should be read in the context ofthe duties and responsibilities set out inA Guide for Ministers and Secretari es of State.
Ministers are responsible for preserving publicconfidence in the integrity of management andoperations within their departments and for
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for the Public Service
maintaining the tradition of political neutrality of
the Public Service and its continuing ability toprovide professional, candid and frank advice.
Public Service Values
Public servants shall be guided in their workand their professional conduct by a balancedframework of public service values: democratic,professional, ethical and people values.
These families of values are not distinct butoverlap. They are perspectives from which toobserve the universe of Public Service values.
Democratic Values:Helping Ministers, under law,to serve the public interest.
Public servants shall give honest andimpartial advice and make all informationrelevant to a decision available to Ministers.
Public servants shall loyally implementministerial decisions, lawfully taken.
Public servants shall support both individualand collective ministerial accountabilityand provide Parliament and Canadians with
information on the results of their work.
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Professional Values: Serving wi th competence,
excellence, efficiency, objectiv i ty and impar tia li ty.
Public servants must work within the laws ofCanada and maintain the tradition of thepolitical neutrality of the Public Service.
Public servants shall endeavour to ensurethe proper, effective and efficient use ofpublic money.
In the Public Service, how ends are achievedshould be as important as the achievementsthemselves.
Public servants should constantly renew
their commitment to serve Canadians bycontinually improving the quality of service,by adapting to changing needs throughinnovation, and by improving the efficiencyand effectiveness of government programsand services offered in bothofficial languages.
Public servants should also strive to ensurethat the value of transparency in governmentis upheld while respecting their duties ofconfidentiality under the law.
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for the Public Service
Ethical Values: Acting at al l times in such a way
as to uphold the public trust.
Public servants shall perform their dutiesand arrange their private affairs so thatpublic confidence and trust in the integrity,objectivity and impartiality of governmentare conserved and enhanced.
Public servants shall act at all times in amanner that will bear the closest publicscrutiny; an obligation that is not fullydischarged by simply acting within the law.
Public servants, in fulfilling their official
duties and responsibilities, shall makedecisions in the public interest.
If a conflict should arise between the privateinterests and the official duties of a publicservant, the conflict shall be resolved infavour of the public interest.
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People Values:Demonstrating respect, fai rness
and courtesy in thei r deali ngs wi th both ci tizensand fellow publi c servants.
Respect for human dignity and the valueof every person should always inspire theexercise of authority and responsibility.
People values should reinforce the widerrange of Public Service values. Those whoare treated with fairness and civility will bemotivated to display these values in theirown conduct.
Public Service organizations should be
led through participation, openness andcommunication and with respect for diversityand for the official languages of Canada.
Appointment decisions in the Public Serviceshall be based on merit.
Public Service values should play a key rolein recruitment, evaluation and promotion.
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for the Public Service
Application
This Code applies to all public servants workingin departments, agencies and other publicinstitutions listed in Part I, Schedule I, of thePubl ic Serv ice Staff Relations Act.
This Code is a policy of the Government of
Canada. Public service institutions not coveredby this Code should respect its spirit and shouldadopt similar provisions for their organizations.
Responsibilities, Authoritiesand Accountabilities
Overall Responsibility of all Public Servants
All public service activities should be consistentwith the Values and Ethi cs Code for the Publ icService. Where questions arise about itsapplication, see Chapter 4, Avenues of
Resolution.
In addition to the stipulations outlined in thisCode, public servants are also required toobserve any specific conduct requirementscontained in the statutes governing their
particular department or organization and
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their profession, where applicable. They are also
required to observe the relevant provisions ofmore general application including the following:
Access to Information Act;
Criminal Code of Canada;
Financial Administration Act;
Officia l Languages Actand Regulations; Pri vacy Act;
Publi c Service Employment Act;
Publ ic Serv ice Staff Relati ons Act.
Related Treasury Board policies:
Contracting Pol icy;
Pol icy on the Internal Disclosure of InformationConcerning Wrongdoing in the Workplace;
Pol icy on the Prevention and Resolution ofHarassment in the Workplace.
Public Servants
This Code forms part of the conditions ofemployment in the Public Service of Canada.At the time of signing their letter of offer, publicservants acknowledge that the Values and Ethi cs
Code for the Publ ic Serv iceis a condition ofemployment. All public servants are responsiblefor ensuring that they comply with this Code
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and that they exemplify, in all their actions and
behaviours, the values of public service. Inparticular, they have the following obligations:
a) Public servants must report, within 60 daysof their first appointment or any subsequentappointment, transfer or deployment, alloutside activities, assets, and direct and
contingent liabilities that might give rise toa conflict of interest with respect to theirofficial duties. To this end, a ConfidentialReport must be filed with their Deputy Head.
b) Every time a major change occurs in the
personal affairs or official duties of publicservants, they must review their obligationsunder this Code. If a real, apparent orpotential conflict of interest exists, they mustfile a new Confidential Report with theirDeputy Head.
c) When negotiating financial arrangements withoutside parties, public servants must assurecompliance with the Conflict of Interest andPost-Employment Measures in accordancewith directives on this matter issued by
Treasury Board. When in doubt, public
servants must immediately report thesituation to their supervisors in order to seekadvice or direction on how to proceed.
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When faced with an ethical dilemma,
public servants are encouraged to use theopportunities and mechanisms established bytheir Deputy Head to raise, discuss and resolveissues of concern related to this Code.
Public servants who feel they are being asked
to act in a way that is inconsistent with thevalues and ethics set out in Chapter 1 of thisCode should first attempt to raise the matterusing the usual reporting relationship. Furtheravenues for resolution are contained inChapter 4 of this Code.
Deputy Heads
Deputy Heads and senior managers have aparticular responsibility to exemplify, in theiractions and behaviours, the values of publicservice. They have a duty to infuse these
values into all aspects of the work of theirorganizations. It is expected that they will takespecial care to ensure that they comply at alltimes with both the spirit and the specificrequirements of this Code.
In particular, Deputy Heads have the followingobligations:
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for the Public Service
a) To ensure that the letter of offer, for an initial
appointment, includes the following: You willfind enclosed a copy of the Values and Ethi csCode for the Publ ic Serv ice. This Code is akey policy for the management of humanresources and is part of your conditions ofemployment. Deputy Heads must ensure that
public servants are provided with a copy ofthe Code on any subsequent appointment.
They must ensure that public servants intheir organization are informed of therequirements of this Code on an annual basis.
b) To encourage and maintain an ongoing
dialogue on public service values and ethicswithin their organizations, in a manner that isrelevant to the specific issues and challengesencountered by their organizations.
c) To ensure that mechanisms and assistance
are in place to help public servants raise,discuss and resolve issues of concern relatedto this Code. This includes designating asenior official to assist public servants toresolve issues arising from the applicationof the Code.
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d) To determine the appropriate method for a
public servant to comply with the Code, asset out in Chapters 2 and 3, in order to avoidconflicts of interest. In doing so, the DeputyHead will try to achieve mutual agreementwith the public servant.
e) To ensure that the personal information
in Confidential Reports is secured in acentral repository and treated in completeconfidence, in accordance with thePrivacy Act.
Deputy Heads may add compliance measures
beyond those specified in this Code to reflecttheir departments particular responsibilities orthe statutes governing its operations. They mustconsult with the Treasury Board of CanadaSecretariat and ensure that bargaining agents areconsulted at the departmental level in advance
of implementing new measures. The DeputyHead will inform the Treasury Board of CanadaSecretariat, in writing, of any additionalmeasures and their effective dates.
Deputy Heads may delegate responsibilities and
authorities for the implementation of the Code,but they may not delegate their accountability
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for the Public Service
for ensuring that the Code is fully upheld and
advanced within their organization or for thespecific matters outlined in this section.
Treasury Board
Treasury Board will ensure through itsSecretariat that information and educational
materials related to theValues and Ethics Codefor the Publ ic Serv iceare widely available. It willalso maintain an advisory support service forDeputy Heads and for designated departmentalofficials on the interpretation and promotion ofthe Code.
Treasury Board, through its Secretariat, willmonitor the implementation of the Code indepartments and agencies. On a regular basis,
Treasury Board, through its Secretariat,will review the performance of departments in
the implementation of the Code through itsmodern management accountability framework.
The Values and Ethi cs Code for the Publ ic Servicewill be subject to a review five years after itcomes into effect.
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Public Service Integrity Officer
The role of the Public Service Integrity Officer isto receive, record and review disclosures ofwrongdoing in the workplace, including breachesto the Code, and to make recommendationswhere warranted to Deputy Heads for resolution.Further, the Public Service Integrity Officer may
report on any cases dealing with breaches ofthe Code as part of his or her annual report tothe President of the Privy Council that is tabledin Parliament.
Effective Date
The effective date of the Values and Ethics Codefor the Public Serv iceis September 1, 2003.
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Conflict of Interest MeasuresObjective
The objective of thesemeasures is to establish rulesof conduct respectingconflict of interest and tominimize the possibility ofconflicts arising betweenprivate interests and publicservice duties of public
servants. These measuresserve to uphold the PublicService Values set out inChapter 1, as well as thePost-Employment Measuresin Chapter 3.
Measures to Prevent Conflict of Interest
Avoiding and preventing situations that couldgive rise to a conflict of interest, or theappearance of a conflict of interest, is one ofthe primary means by which a public servant
maintains public confidence in the impartialityand objectivity of the Public Service.
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These Conflict of Interest Measures are adopted
both to protect public servants from conflictof interest allegations and to help them avoidsituations of risk. Conflict of interest does notrelate exclusively to matters concerning financialtransactions and the transfer of economicbenefit. While financial activity is important,
it is not the sole source of potential conflict ofinterest situations.
It is impossible to prescribe a remedy for everysituation that could give rise to a real, apparentor potential conflict. When in doubt, public
servants should seek guidance from theirmanager, from the senior official designatedby the Deputy Head, or from the Deputy Head,and refer to the Public Service Values statedin Chapter 1 as well as the following measuresas benchmarks against which to gauge
appropriate action.Public servants have the following overallresponsibilities:
a) In carrying out their official duties, publicservants should arrange their private affairs
in a manner that will prevent real, apparent orpotential conflicts of interest from arising.
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for the Public Service
b) If a conflict does arise between the private
interests and the official duties of a publicservant, the conflict should be resolved infavour of the public interest.
Public servants also have the followingspecific duties:
a) They should not have private interests,other than those permitted pursuant to thesemeasures, that would be affected particularlyor significantly by government actions inwhich they participate.
b) They should not solicit or accept transfers of
economic benefit.
c) They should not step out of their official rolesto assist private entities or persons in theirdealings with the government where thiswould result in preferential treatment to the
entities or persons.d) They should not knowingly take advantage of,
or benefit from, information that is obtainedin the course of their official duties and thatis not generally available to the public.
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e) They should not directly or indirectly use,
or allow the use of, government property ofany kind, including property leased to thegovernment, for anything other than officiallyapproved activities.
Methods of Compliance
For a public servant to comply with thesemeasures, it will usually be sufficient to submita Confidential Report to the Deputy Head.
The Confidential Report outlines the publicservants ownership of assets, receipt of gifts,hospitality or other benefits, or participation inany outside employment or activities that couldgive rise to a conflict of interest.
There will be instances, however, where othermeasures will be necessary. These includethe following:
a) avoiding or withdrawing from activities orsituations that would place the public servantin real, potential or apparent conflict ofinterest with his or her official duties; and
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for the Public Service
b) having an asset sold at arms length or placed
in a blind trust where continued ownershipwould constitute a real, apparent or potentialconflict of interest with the public servantsofficial duties.
In such cases, the Deputy Head will make the
decision and communicate it to the publicservant. In determining appropriate action,the Deputy Head will try to achieve mutualagreement with the public servant in questionand will take into account such factors as:
a) the public servants specific responsibilities;
b) the value and types of assets and interestsinvolved; and
c) the actual costs to be incurred by divestingthe assets and interests, as opposed tothe potential that the assets and interests
represent for a conflict of interest.
Assets
The types of assets and interests that should beincluded in a Confidential Report, those thatneed not be declared, as well as procedures for
divesting assets are all set out in Appendix A.
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It is to be noted that a public servant may not
sell or transfer assets to family members orothers for purposes of circumventing thecompliance measures.
Outside Employment or Activities
Public servants may engage in employment
outside the Public Service and take part in outsideactivities unless the employment or activitiesare likely to give rise to a conflict of interest orin any way undermine the neutrality of thePublic Service.
Where outside employment or activitiesmight subject public servants to demandsincompatible with their official duties, or castdoubt on their ability to perform their duties ina completely objective manner, they shall submita Confidential Report to their Deputy Head.
The Deputy Head may require that the outsideactivities be curtailed, modified or terminated ifit is determined that real, apparent or potentialconflict of interest exists.
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for the Public Service
Gifts, Hospitality and Other Benefits
Public servants are called upon to use theirbest judgment to avoid situations of real orperceived conflict. In doing so, public servantsshould consider the following criteria on gifts,hospitality and other benefits, keeping in mindthe full context of this Code.
Public servants shall not accept or solicit anygifts, hospitality or other benefits that may havea real or apparent influence on their objectivityin carrying out their official duties or that mayplace them under obligation to the donor. This
includes free or discounted admission tosporting and cultural events arising out of anactual or potential business relationship directlyrelated to the public servants official duties.
The acceptance of gifts, hospitality and other
benefits is permissible if theya) are infrequent and of minimal value (low-cost
promotional objects, simple meals, souvenirswith no cash value);
b) arise out of activities or events related tothe official duties of the public servant
concerned;
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c) are within the normal standards of courtesy,
hospitality or protocol; andd) do not compromise or appear to compromise
in any way the integrity of the public servantconcerned or his or her organization.
Where it is impossible to decline gifts,
hospitality and other benefits that do not meetthe principles set out above, or where it isbelieved that there is sufficient benefit to theorganization to warrant acceptance of certaintypes of hospitality, a public servant shall seekwritten direction from their Deputy Head. The
Deputy Head will then notify the public servantin writing whether the gifts, hospitality and otherbenefits are to be declined or retained by thedepartment, donated to charity, disposed of,or retained by the public servant concerned.
SolicitationAt no time should public servants solicit gifts,hospitality, other benefits or transfers ofeconomic value from a person, group ororganization in the private sector who hasdealings with the government.
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for the Public Service
In the case of fundraising for charitable
organizations, public servants should ensurethat they have prior authorization from theirDeputy Head to solicit donations, prizes orcontributions in kind from external organizationsor individuals. The Deputy Head may requirethat the activities be curtailed, modified or
terminated where it is determined that thereis a real or apparent conflict of interest or anobligation to the donor.
Legal framework
The above provisions are designed to ensure the
Values and Ethi cs Code for the Publ ic Serv iceisconsistent with paragraph 121(1)(c) of theCriminal Code, which states the following:
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 benefi t of any kind directly or
indi rectly, by himself or through a member of
his fami ly or through any one for hi s benefit,
unless he has the consent in wri ting of
the head of the branch of government thatemploys him or of which he is an official, the
proof of whi ch li es on him.
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Avoidance of Preferential Treatment
When participating in any decision makingrelated to a staffing process, public servantsshall ensure that they do not grant preferentialtreatment or assistance to family or friends.
When making decisions that will result in a
financial award to an external party, publicservants shall not grant preferential treatmentor assistance to family or friends.
Public servants should not offer any assistanceto entities or persons that have dealings with
the government, where this assistance is notpart of their official duties, without obtainingprior authorization from their designatedsuperior and complying with the conditions forthat authorization.
Providing information that is easily accessible
to the public to relatives or friends or to entitiesin which public servants or their familymembers or friends have interests is notconsidered preferential treatment.
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Post-Employment MeasuresObjective
The objective of thesemeasures is to establish rulesof conduct respectingpost-employment. Thesemeasures complement thePublic Service Values set outin Chapter 1, as well as theConflict of Interest Measures
in Chapter 2.
Overall Responsibility
Without unduly restrictingtheir ability to seek other employment,former public servants should undertake to
minimize the possibility of real, apparent orpotential conflicts of interest between theirnew employment and their most recentresponsibilities within the federal public service.Before leaving employment, public servantsshould disclose their intention of future
employment and discuss potential conflictswith their Deputy Head.
for the Public Service
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Application
The overall responsibility cited above applies toall public servants covered by the Code. Themeasures that follow apply specifically to thosepublic servants staffed in executive positions(EX) or their equivalent as well as EX minus 1and EX minus 2 positions and their equivalent
(e.g., PM-06, IS-05, AS-07).
A Deputy Head may designate other positionsas being subject to these measures (wherethe position involves official duties that raisepost-employment concerns), or exclude
positions from the application of thepost-employment measures (when the officialduties of these positions do not raise concernsfor post-employment). Before doing this, theDeputy Head must consult the Treasury Boardof Canada Secretariat as well as appropriate
bargaining agents when applicable.
Before Leaving Office
Public servants must disclose, in a ConfidentialReport to their Deputy Head, all firm offers ofemployment that could place them in a real,
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apparent or potential conflict of interest
situation. They must also disclose immediatelythe acceptance of any such offer.
Limitation Period
Former public servants shall not, within a periodof one year after leaving office
a) accept appointment to a board of directorsof, or employment with, entities withwhich they personally, or through theirsubordinates, had significant official dealingsduring the period of one year immediately
prior to the termination of their service;b) make representations for, or on behalf of,
persons to any department or organizationwith which they personally, or through theirsubordinates, had significant official dealingsduring the period of one year immediately
prior to the termination of their service; or
c) give advice to their clients using informationthat is not available to the public concerningthe programs or policies of the departmentsor organizations with which they wereemployed or with which they had a directand substantial relationship.
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Reduction of Limitation Period
A Deputy Head has the authority to reduce orwaive the limitation period of employmentfor a public servant or former public servant.Such a decision should take into considerationthe following:
a) the circumstances under which thetermination of their service occurred;
b) the general employment prospects of thepublic servant or former public servant;
c) the significance to the government ofinformation possessed by the public servant
or former public servant by virtue of thatindividuals position in the Public Service;
d) the desirability of a rapid transfer of thepublic servants or former public servantsknowledge and skills from the government
to private, other governmental ornon-governmental sectors;
e) the degree to which the new employer mightgain unfair commercial or private advantageby hiring the public servant or former publicservant; and
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f) the authority and influence possessed while
in the Public Service, and the disposition ofother cases.
A decision by a Deputy Head to waive or reducethe limitation period will be recorded in writing.
Exit ArrangementsA Deputy Head must ensure that a public servantwho is intending to leave the Public Service isaware of these post-employment measures.
Reconsideration
A public servant or former public servant mayapply to the Deputy Head for reconsiderationof any determination respecting his or hercompliance with the post-employment measures.
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Avenues of ResolutionPublic Service Valuesand Ethics
Any public servant who wantsto raise, discuss and clarifyissues related to this Codeshould first talk with his or hermanager or contact the seniorofficial designated by theDeputy Head under the
provisions of this Code,according to the proceduresand conditions establishedby the Deputy Head.
Any public servant who witnesses or hasknowledge of wrongdoing in the workplace may
refer the matter for resolution, in confidence andwithout fear of reprisal, to the Senior Officerdesignated for the purpose by the Deputy Headunder the provisions of the Pol icy on the InternalDisclosure of Information Concerning Wrongdoing
in the Workplace.
for the Public Service
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Furthermore, any public servant who believes
that he or she is being asked to act in a way thatis inconsistent with the values and ethics set outin Chapter 1 of this Code can report the matterin confidence and without fear of reprisal to theSenior Officer, as described above.
If the matter is not appropriately addressed atthis level, or the public servant has reason tobelieve it could not be disclosed in confidencewithin the organization, it may then be referredto the Public Service Integrity Officer, inaccordance with the Pol icy on the Internal
Disclosure of Information Concerning Wrongdoingin the Workplace.
It is expected that most matters arising fromthe application of this Code can and should beresolved at the organizational level.
Measures on Conflict of Interestand Post-employment
With respect to the appropriate arrangementsnecessary to prevent conflict of interest or tocomply with the post-employment measures
described in Chapters 2 and 3 of this Code, it isexpected that most situations will be addressed
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by discussing the matter with the public servant,
identifying avenues of resolution and takingappropriate action. When a public servant andthe Deputy Head disagree on the appropriatearrangements to prevent conflict of interest orto comply with the post-employment measuresin this Code, the disagreement shall be resolved
through the established grievance procedures.
Failure to Comply
A public servant who does not comply withthe requirements of this Code is subject toappropriate disciplinary action, up to andincluding termination of employment.
Enquiries
Enquiries about this Code should be referredto the responsible departmental officer who,
in turn, may direct questions regarding policyinterpretation to the following:
Office of Values and EthicsPolicy and Planning SectorHuman Resources Management Office (HRMO)
Treasury Board of Canada Secretariat
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Form
Confidential Report
This form can be accessed through the TreasuryBoard of Canada Secretariat Web site at thefollowing address: www.tbs-sct.gc.ca.
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Appendix AAssets, Liabilities and Trusts
Assets and Liabilities Subject toaConfidential Report
Public servants must carefully evaluate on aregular basis whether their assets and liabilitiesneed to be included in a Confidential Report.In doing so, they must take into considerationthe nature of their official duties and thecharacteristics of their assets and liabilities. If
there is any real, apparent or potential conflictbetween the carrying out of their official dutiesand their assets and liabilities, a ConfidentialReport must be filed. If there is no relationship,no report is required.
The following is a list of examples of assets andliabilities that must be reported in a ConfidentialReport if they do, or could, constitute a conflictof interest. This list is not exhaustive.
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a) publicly traded securities of corporations and
foreign governments, and self-administeredRegistered Retirement Savings Plans (RRSPs),and self-administered Registered EducationSavings Plans (RESPs) that are composed ofthese securities, where these securitiesare held directly and not through units in
mutual funds;b) interests in partnerships, proprietorships,
joint ventures, private companies and familybusinesses, in particular those that own orcontrol shares of public companies or that dobusiness with the government;
c) commercially operated farm businesses;
d) real property that is not for the private use ofpublic servants or their family members;
e) commodities, futures and foreign currenciesheld or traded for speculative purposes;
f) assets placed in trust or resulting froman estate of which the public servant isa beneficiary;
g) secured or unsecured loans granted topersons other than to members of the
public servants immediate family;
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h) any other assets or liabilities that could give
rise to a real, apparent or potential conflict ofinterest due to the particular nature of thepublic servants official duties; and
i) direct and contingent liabilities in respect ofany of the assets described in this section.
Assets Not Requiring a Confidential Report
Assets and interests for the private use of publicservants and of their family members, as well asnon-commercial assets, are notsubject to thecompliance measures.
For example, such assets include the following:
a) residences, recreational properties and farmsused or intended for use by public servantsor their families;
b) household goods and personal effects;
c) works of art, antiques and collectibles;
d) automobiles and other personal means oftransportation;
e) cash and deposits;
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f) Canada Saving Bonds and other similar
investments in securities of fixed value issuedor guaranteed by any level of government inCanada or agencies of those governments;
g) Registered Retirement Savings Plans andRegistered Education Saving Plans that arenot self-administered;
h) investments in open-ended mutual funds;
i) guaranteed investment certificates andsimilar financial instruments;
j) annuities and life insurance policies;
k) pension rights;l) money owed by a previous employer, client
or partnership; and
m)personal loans receivable from members ofpublic servants immediate families and smallpersonal loans receivable from other personswhere public servants have loaned themoneys receivable.
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Divestment of Assets
Public servants must divest assets wheretheir Deputy Head determines that such assetsconstitute a real, apparent or potential conflictof interest in relation to their duties andresponsibilities. Divestment, where required,must take place within 120 days of appointment,
transfer or deployment. Divestment of assets isusually achieved by selling them through anarms-length transaction or by making themsubject to a blind trust arrangement.
Where divestment is by means of sale,
confirmation of the sale, such as a brokers salesreceipt, shall be provided to the Deputy Head.
Where divestment is by means of a blind trust,the Office of the Ethics Counsellor will assistthe Deputy Head and the public servant to set
up a blind trust and to determine whether aspecific blind trust meets the requirements ofthe Conflict of Interest Measures. The EthicsCounsellor will also make recommendationsto the Deputy Head on the reimbursementof certain trust costs to the public servant by
the home organization.