Engaging in dialogue on the ESDC code of conduct

• Why an ESDC Code of Conduct?
• Why is it important and useful?
• What does it contain?
• Five Public Sector Values
• Conflict of Interest
• Disclosure of Wrongdoing
• Scenarios for Dialogue
• Resources

• The Public Servants Disclosure Protection Act requires that Treasury Board establish a code of conduct which is applicable to the entire public sector.
• Treasury Board has established the Values and Ethics Code for the Public Sector (Public Sector Code).
• The Act also requires that public sector organizations establish a code of conduct for their employees consistent with Treasury Board’s public sector code.

• The Code is important and useful because it:
• describes how employees are expected to behave when delivering the services that are specific to the Department’s mandate and work environment;
• helps you clearly understand what is meant by ethical behaviour in our workplace and provides guidance on what is expected of you in your day-to-day work and decision making;
• is a condition of employment and a foundational competency for all employees

• The ESDC Code of Conduct helps you answer questions such as:
• May I accept hospitality or gifts from clients or contractors?
• How am I expected to protect confidential client or employee information?
• Could holding another job with another employer put me in a conflict of interest with my regular job as an ESDC employee?
• What should I do if I witness discrimination or harassment?
• The ESDC Code of Conduct cannot articulate answers to all situations that employees might encounter at work. If you are unsure of how to act in a given situation, you should ask for advice from your supervisor / team leader.

• Respect for Democracy
• Respect for People
• Integrity
• Stewardship
• Excellence

The system of Canadian parliamentary democracy and its institutions are fundamental to serving the public interest. Public servants recognize that elected officials are accountable to Parliament, and thereby to the Canadian people, and that a non-partisan public sector is essential to our democratic system

Expected behaviours

Public servants shall uphold the Canadian parliamentary democracy and its institutions by:

1. respecting the rule of law and carrying out their duties in accordance with legislation, policies and directives in a non-partisan and impartial manner;
2. loyally carrying out the lawful decisions of their leaders and supporting ministers in their accountabily to Parliament and Canadians;
3. providing decision-makers with all the information, analysis and advice they need, always striving to be open, candid and impartial.

Some examples:

• Making decisions in a fair and equitable way;
• Refraining from publicly criticizing the Government of Canada;
• Respecting our duty of confidentiality and not disclosing confidential, protected or classified information; and
• Providing decision-makers with the most honest, complete and unbiased information.

Treating all people with respect, dignity and fairness is fundamental to our relationship with the Canadian public and contributes to a safe and healthy work environment that promotes engagement, openness and transparency. The diversity of our people and the ideas they generate are the source of our innovation.

Expected behaviours

Public servants shall respect human dignity and the value of every person by:

1. treating every person with respect and fairness;
2. valuing diversity and the benefit of combining the unique qualities and strengths inherent in a diverse workforce;
3. helping to create and maintain safe and healthy workplaces that are free from harassment and discrimination;
4. working together in a spirit of openness, honesty and trasparency that encourages engagement, collaboration and respectful communication.

Some examples:

• Treating every person with respect and fairness, regardless of their level or status;
• Accepting and valuing diversity in all its forms, including age, gender and race;
• Contributing to a harassment and discrimination-free environment; and
• Building and maintaining good interpersonal relationships by being open, tactful, objective and respectful when dealing with others.

Integrity is the cornerstone of good governance and democracy. By upholding the highest ethical standards, public servants conserve and enhance public confidence in the honesty, fairness and impartiality of the federal public sector.

Expected behaviours

Public servants shall serve the public interest by:

1. acting at all times with integrity, and in a manner that will bear the closest public scrutiny; an obligation that is not fully satisfied by simply acting within the law;
2. never using their official roles to inappropiately obtain an advantage for themselves or to advantage or disadvatage others;
3. taking all possible steps to prevent and resolve any real, apparent or potential conflicts of interest between their official responsibilities and their private affairs in favour of the public interest;
4. acting in such a way as to maintain their employer's trust.

Some examples:

• Refusing to do something that is against the law;
• Avoiding preferential treatment;
• Not using your official identification or job title to obtain private or personal advantage or credits;
• Preventing or addressing real, apparent or potential conflict of interest situations; and
• Displaying appropriate behaviour at all times to enhance and maintain the public's trust and confidence in our ability as professional public servants to deliver on HRSDC's mandate.

Federal public servants are entrusted to use and care for public resources responsibly, for both the short-term and long-term

Expected behaviours

Public servants shall use resources responsibly by:

1. iffectively and efficiently using the public money, property and resources managed by them;
2. considering the present and long-term effects that their actions have on people and the environment;
3. acquiring, preserving and sharing knowledge and information as appropriate.

Some examples:

• Responsible use of government funds, and only when authorized;
• Using government assets and resources only for official purposes;
• Safeguarding information and preserving its confidentiality, while protecting the right of access; and
• Taking actions to respect the environment (e.g. using less paper) and adopting good record keeping practices.

Excellence in the design and delivery of public sector policy, programs and services is beneficial to every aspect of Canadian public life. Engagement, collaboration, effective teamwork and professional development are all essential to a high-performing organization.

Expected behaviours

Public servants shall demonstrate professional excellence by:

1. providing fair, timely, efficient and effective services that respect Canada's official languages;
2. continually improving the quality of policies, programs and services they provide;
3. fostering a work environment that promotes teamwork, learning and innovation.

Some examples:

• Providing clients with fair, timely and efficient service;
• Promoting the equality of English and French and respecting language rights;
• Making decisions in the public interest, based on sound reasoning, as well as the clients' and the Department's needs;
• Adopting a professional appearance suited to you official duties;
• Performing our official dutiles and responsibilities with care; and
• Fostering and culture teamwork, demonstrating continuous learning and adapting to changing needs through innovation.

• It is a situation in which a public servant has private interests that could improperly influence the performance of his/her official duties and responsibilities or in which the public servant uses his/her office for personal gain.
• There are three types of a conflict of interest: real, potential and apparent.
  * The appearance of a conflict of interest is as important as a real or potential conflict of interest.

• Assets
• Outside Employment or Activities
• Political Activities
• Gifts, Hospitality and Other Benefits
• Solicitation
• Preferential Treatment

• Minimize the possibility of conflict of interest between the most recent responsibilities and subsequent employment outside the public service.
• All employees should disclose, via the Confidential Report, their intentions of future outside employment/activities that may pose a risk of real, apparent or potential conflict of interest with their current responsibilities.

• If you have information that could indicate a serious breach of the ESDC Code of Conduct, you can bring the matter, in confidence and without fear of reprisal, to the attention of:
  • your immediate supervisor,
  • the Senior Disclosure Officer (ADM, Integrity Services Branch), or
  • the Public Sector Integrity Commissioner.
• Complaints of reprisal are to be made to the Public Sector Integrity Commissioner.

Immediate Supervisor

or

Senior Disclosure Officer (ESDC)

• Confidential
• Telephone : 819-956-4761
• Toll Free: 1-866-369-7731
• Email : NC-MIN-DIVULGATION_DISCLOSURE-GD

or

Public Sector Integrity Commissionner

• Confidential
• Tel: 613-941-6400
• Toll Free: 1-866-941-6400
• Facsimile: 613-946-2151

Office of Values and Ethics

• E-mail: NC-V&E-GD
• Intranet site: Values and Ethics

When issues arise in your day to day work, you are encouraged to discuss and resolve ethical issues with your direct supervisor. You also have the option of consulting subject matter experts (listed in Annex 1 of the ESDC Code of Conduct) such as:

• Your Manager
• The Office of Values and Ethics
• Office of Informal Conflict Management
• Senior Disclosure Officer
• ESDC Harassment Coordinator
• Health Canada Employee Assistance Services
• Human Resources Services Branch Centre of Expertise

• John, a public servant, is widely known for his subject matter expertise and over the years, has become a well-respected researcher. Because of his reputation as a researcher, he is asked to present a paper to a symposium on a government program for which he happens to be responsible. The presentation is a research paper that he has prepared on his own time. John explicitly indicates that the opinions expressed are his, not those of the department.

• Albert is a hardworking, dedicated Team Leader who is often tasked with challenging projects. His director allows Team Leaders to establish their own project teams but she has noticed that when Albert seeks colleagues to work on his projects he always asks younger members of the division to participate. During the time that she has been the director, she has never seen Albert ask an expirienced member of the division to work on one of his projects.

• Your brother, who works in the family business, calls to tell you that the business has won a bid to supply ESDC with consulting services closely linked to the area in which you currently work. He suggests a get together lunch so he can get the inside scoop on the range of work and how he can get the contract amended so he can subcontract some of the work to a buddy.

• Cynthia is a Policy Analyst for ESDC but also has a small business doing tax returns for clients after work hours. While she does this work at home on her own time, during the busy tax season she uses her coffee breaks and lunch time to keep up on the work load by calling clients and sending out invoices from her work computer.

• Hélène is a hard-working and well respected ESDC employee with considerable experience in the various business lines of ESDC. Because of her experience and qualifications, she has been asked to develop a report with recommendations on how ESDC’s programs and services could be improved. Hélène is aware that she has strong personal views on the various ESDC programs and services, and she does not feel the need to involve or consult anyone else in preparing her report and recommendations.