Conflict of Interest and Post-Employment

Frequently asked Questions

Each of the topics on this page deals with conflict of interest and/or post-employment. Click on one of the hyperlinks just below to access a question and answer that may guide you in certain decisions.

Conflict of Interest Disclosure

  • What is a Conflict of Interest Disclosure?

    A Conflict of Interest Disclosure is a written declaration of assets, liabilities, outside activities or firm employment offers that might put a public servant in an apparent, potential or real conflict of interest situation.

    Public servants are responsible for assessing their own personal circumstances and completing the Conflict of Interest Disclosure for the employer to determine whether there is a risk of real, potential or apparent conflict of interest.

    A conflict of interest situation is defined by the ESDC Code of Conduct as a situation in which the public servant has private interests that could improperly influence the performance of his or her official duties and responsibilities or in which the public servant uses his or her office for personal gain.

    A real conflict of interest exists at the present time, an apparent conflict of interest could be perceived by a reasonable observer to exist, whether or not it is the case, and a potential conflict of interest could reasonably be foreseen to exist in the future.

  • What are assets not requiring a Conflict of Interest Disclosure?

    Assets and interests for the private use of public servants and of their family members, as well as non-commercial assets, are not subject to the compliance measures. Such assets include:

    1. residences, recreational property and farms used or intended for use by public servants or their families;
    2. household goods and personal effects;
    3. works of art, antiques and collectibles;
    4. automobiles and other personal means of transportation;
    5. cash and deposits;
    6. Canada Savings Bonds and other similar investments in securities of fixed value issued or guaranteed by any level of government in Canada or agencies of those governments;
    7. Registered Retirement Savings Plans (RRSPs) and Registered Education Saving Plans (RESPs) that are not self-administered;
    8. investments in open-ended mutual funds;
    9. guaranteed investment certificates and similar financial instruments;
    10. annuities and life insurance policies;
    11. pension rights;
    12. money owed by a previous employer, client or partnership; and
    13. personal loans receivable from members of the public servant’s immediate family and small personal loans receivable from other persons where the public servant has loaned the moneys receivable.

  • What are assets and liabilities subject to Conflict of Interest Disclosure?

    Examples of assets and liabilities, which are subject to a Conflict of Interest Disclosure, include:

    1. publicly traded securities of corporations and foreign governments and self-administered Registered Retirement Savings Plans (RRSPs), and self-administered Registered Education Savings Plans (RESPs) that are composed of these securities, where these securities are held directly and not though units in mutual funds;
    2. interests in partnerships, proprietorships, joint ventures, private companies and family businesses, in particular those that own or control shares of public companies or that do business with the Government;
    3. commercially operated farm businesses;
    4. real property that is not for the private use of public servants or their family members;
    5. commodities, futures and foreign currencies held or traded for speculative purposes;
    6. assets placed in trust or resulting from an estate of which the public servant is a beneficiary;
    7. secured or unsecured loans granted to persons other than to members of the public servant’s immediate family;
    8. any other assets or liabilities that could give rise to a real or potential conflict of interest due to the particular nature of the public servant’s duties and responsibilities; and
    9. direct and contingent liabilities in respect of any of the assets described in this section.

  • When do I fill a Conflict of Interest Disclosure?

    All employees are required to complete a Conflict of Interest Disclosure within 60 days of their appointment, transfer or deployment, to report all outside activities, assets, and interests that might give rise to a conflict of interest with respect to their official duties, or to indicate they have nothing to disclose. The Conflict of Interest Disclosure form must be completed at the following intranet site: Human Resources Services Centre. Once your Conflict of Interest Disclosure is completed, a designated officer will rule on whether you are in a real, apparent, or potential conflict of interest situation, and will advise you accordingly

  • How do I submit a Conflict of Interest Disclosure?

    You can submit a Conflict of Interest Disclosure by simply visiting the Human Resources Services Centre to submit the completed report directly (under ‘’I am an employee’’ section, by clicking on the “Conflict of Interest Disclosure” link). Please note that any previous confidential reports submitted will be kept with the Office of Values and Ethics and that you will only need to submit a new report if you meet one of the requirements listed above.

    • *Privacy Statement: The ESDC Code of Conduct forms part of the conditions of employment of ESDC employees. The information you provide in a Conflict of Interest Disclosure is collected under the provisions of this code in accordance with the Financial Administration Act for the purposes of ensuring compliance and maintaining information about potential and actual conflict of interest situations for employees of a Government of Canada institution. It will be stored in personal information bank number PSE-915. Personal information that you provide is protected under the Privacy Act.

    Types of Conflict of Interest

    Outside Employment or Activities

  • Can I engage in outside employment or activities for my personal financial benefit?

    Yes, you may engage in outside employment or activities for personal financial benefit as long as these activities are not likely to give rise to a real, apparent or potential conflict of interest. You may not conduct these activities during work hours, using the Department’s equipment.

    To find out whether these activities are or could be in conflict with your duties as a public servant, submit a Conflict of Interest Disclosure. This report will be reviewed. If it is determined that there is a real, apparent or potential conflict of interest, the Departmental Officer for Conflict of Interest and Post Employment Measures will contact you.

  • What are my obligations if I plan to work in the private sector when I leave government?

    You are responsible for minimizing the possibility of a real, apparent or potential conflict of interest between your most recent responsibilities within ESDC and your subsequent employment in the private sector. Before you leave ESDC to work in the private sector, you are expected to:

    • Disclose your intentions regarding future outside employment or activities that may pose a risk of real, apparent or potential conflict of interest with your current responsibilities and discuss potential conflicts with your supervisor or the Deputy Head.
    • Submit a Conflict of Interest Disclosure through ESDC’s Human Resources Service Centre.

    The ESDC Code of Conduct also provides information on other measures to take, such as returning government property and refraining from sharing information acquired in the course of your position.

    • Political Activities

  • To what extent can I be involved in political activities?

    Under the Public Service Employment Act, you can be involved in political activities as long as they do not impair, or are perceived as impairing, your ability to perform your duties in a politically impartial manner. Before deciding whether to engage in a political activity, you should consider:

    (1) the nature of the activity; (2) the nature of your duties; and (3) the level of visibility of your position.

    For more information on your obligations with regard to political activities, please read the section Political activities of the ESDC Code of Conduct.

    • Gifts, Hospitality and Other Benefits

  • What gifts can I accept?

    Generally speaking, you can accept gifts if they are infrequent and of minimal value (e.g. desk items, mugs, caps, cookies, chocolates and jam), unless your supervisor has expressly prohibited them.

    The following are examples of gifts that are unacceptable and must be declined:

    • money or cash equivalents (e.g. gift cards or certificates);
    • travel, overnight accommodations;
    • expensive gifts (gifts that are not of minimal value as per the examples above);
    • any gift or favour received during a bidding process (including gifts of minimal value).

    If declining the gift may cause offence or embarrassment, as in the following cases:

    • you are a guest speaker and member of a panel, and all members of the panel receive the same thank you gift of appreciation publicly;
    • you are offered a gift by a donor to whom returning it might be culturally offensive;

    you should accept it, and then complete a Conflict of Interest Disclosure once you return to the office. The gift could be accepted on behalf of the Government of Canada and displayed on government premises for everyone to enjoy (e.g. in the case of a portrait).

    • Solicitation

  • I am collecting clothes for the needy; may I solicit my colleagues to help me out?

    You may solicit colleagues to help you collect goods and funds as long as you:

    • Ask permission from your supervisor;
    • Make sure solicitation is conducted discretely and does not disrupt your colleagues during work hours (e.g. place a box in your office with a short description of activity instead of going from cubicle to cubicle).
    • Lotteries and Games of Chance

  • Our section would like to throw a Christmas party this year. To raise money for the party, can we organize 50/50 draws?

    To organize 50/50 draws, you need to have obtained a licence from provincial authorities dealing with lotteries. Otherwise, under section 207 of the Criminal Code, it is considered an offence.

    • Avoidance of Preferential Treatment

  • My friend asks me to review his application for a Canada Student Loan. I review the application and notice that a section has not been completed correctly. I contact a colleague who works in the Canada Student Loan Program and ask her to find the file in order to correct the error, but she refuses, suggesting that my friend update the application and re-send it. Why does she refuse?

    Your colleague is correct in refusing to find your friend’s application for you because it would be providing an advantage to one Canadian citizen over and above all others. This would be inappropriate preferential treatment.

    The ESDC Code of Conduct clearly states that you are prohibited from granting preferential treatment or advantages to family, friends or any other person or entity.

Requirements for Preventing Post-Employment Conflict of Interest Situations Before and After Leaving the Public Service

  • Do I have to declare my intentions if I only plan on starting consulting work after I retire?

    Yes, all employees, regardless of their level, have an obligation to disclose their intentions regarding future outside employment or activities that may pose a risk of real, apparent or potential conflict of interest with their current responsibilities. You can submit your intentions by completing the Conflict of Interest Disclosure through the Human Resources Service Centre.

  • When did the Policy on Conflict of Interest and Post-Employment come into effect?

    The Treasury Board Policy on Conflict of Interest and Post-Employment (CoI/PE Policy) took effect on April 2, 2012.

  • What are the key requirements of the policy?

    The policy is applicable to the core public administration, and it requires all public servants to avoid and prevent conflicts between their personal interest and official duties and/or responsibilities.

    Before leaving their employment with the public service, all public servants are to disclose their intentions regarding any future outside employment or activities that may pose a risk of real, apparent or potential conflict of interest with their current responsibilities and discuss potential conflicts with their manager or their Deputy Head or his or her delegate.

    ESDC has designated all executive (EX) and equivalent, and executive minus 1 (EX minus one) and equivalent positions as positions of risk for post-employment conflicts of interest. Public servants in these designated positions are subject to a one-year limitation period after leaving office.

    For more information on the one-year limitation period, please refer to section 4(e) of the ESDC Code of Conduct.

  • What are the key requirements for those in designated positions?

    Before leaving office and during this one-year limitation period, public servants in designated positions are to report to their Deputy Head all firm offers of employment or proposed activity outside the public service that could place them in a real, apparent or potential conflict of interest with their public service employment. They are also to disclose immediately the acceptance of any such offer. In addition, these public servants may not, during this one-year period, without their Deputy Head's authorization:

    • Accept appointment to a board of directors of, or employment with, private entities with which they had significant official dealings during the period of one year immediately prior to the termination of their service. The official dealings in question may either be directly on the part of the public servant or through their subordinates;
    • Make representations on behalf of persons or entities outside of the public service to any government organization with which they had significant official dealings, during the period of one year immediately prior to the termination of their service. The official dealings in question may either be directly on the part of the public servant or through their subordinates; or
    • Give advice to their clients or employer using information that is not publicly available concerning the programs or policies of the departments or organizations with which they were employed or with which they had a direct and substantial relationship.

  • Can employees in designated positions apply for a waiver or reduction of the limitation period?

    Yes, employees may apply to the Deputy Head for a written waiver or reduction of the limitation period. The application is then reviewed by the Office of Values and Ethics on behalf of the Deputy Head. As stated in the ESDC Code of Conduct, many criteria need to be considered to grant the waiver; therefore, an application for a waiver or reduction of the limitation period should contain sufficient information to assist the Deputy Head in making that determination.

  • What criteria are considered in order to waive or reduce the one-year limitation period?

    The following criteria are considered in a review of an application for a waiver or reduction of the limitation period:

    • The circumstances under which the termination of ESDC employment will occur or has occurred;
    • The general employment prospects of the public servant or former public servant;
    • The significance to the government of information possessed by the public servant or former public servant by virtue of the public servant’s position in the public service;
    • The desirability of a rapid transfer of the public servant or former public servant’s knowledge and skills to other levels of government or the private sector;
    • The degree to which the new employer might gain an unfair advantage by hiring the public servant or former public servant;
    • The authority and influence possessed by the public servant or former public servant while at ESDC;
    • Any other consideration at the discretion of the Deputy Head.

  • Do all employees have to declare intentions on starting consulting work after their retirement from the public service?

    Yes, before leaving their employment with the public service, all employees, regardless of their level, have an obligation to disclose their intentions regarding future outside employment or activities that may pose a risk of real, apparent or potential conflict of interest with their current responsibilities. Employees can submit your intentions by completing the Conflict of Interest Disclosure through the Human Resources Service Centre.

  • Are employees in designated positions unable to seek employment in the private sector when they leave or retire from the public service?

    No, this does not mean that employees cannot seek employment in the private sector.

  • Does the post-employment limitation period apply to appointments to other federal government departments?

    No, the post-employment limitation does not restrict a former public servant from returning to public service employment as an indeterminate or term or casual employee.

  • How can the Department enforce the post-employment conflict of interest restrictions of the Policy?

    Once a public servant has left and it comes to the department’s attention that the he or she may be in breach of his or her obligations, the department will write to the former employee reminding them of his or her obligations, outlining specific measures that must be taken to resolve the situation.

    The department may take action against contractors or ex-public servants who do not comply with post-employment conflict of interest provisions. As an example, the department may consider ceasing business dealings with an entity that has hired a public servant in breach of post-employment restrictions.