ACOA Code of Conduct

 

Guiding Principles for Ethical and Professional Behaviour

Abstract

This Code outlines the values and expected behaviours that guide each person employed at the Atlantic Canada Opportunities Agency (ACOA) in all activities related to their professional duties. By committing to these values and adhering to the expected behaviours, each of you strengthen the ethical culture of the Agency and contribute to confidence in the integrity of all public institutions.

1 Message from the President

I am pleased to share ACOA’s Code of Conduct. This code is an enduring guide to further inform our conduct as employees in the federal public service. Our values must be the base that we refer to as our foundation as a public service. But we also need to understand how to apply the Values C Ethics principles to our evolving environment and the complex situations we face. This Code of Conduct helps us do that. The values and ethics that guide the public service are formalized within the framework of Canadian parliamentary democracy. For me, they are more than guidelines – they are a way of life. How I conduct myself directly impacts the way the Agency and Government are viewed, and the same applies for you and the rest of the federal public service.

Words matter. The language that describes our core values and ethics – Respect for Democracy, Respect for People, Integrity, Stewardship, and Excellence – along with the expected behaviours that align with these values define how we conduct ourselves as employees. Clarity is empowering. I believe it is important to understand our values and ethics, why they exist, and how we uphold them. At the core of it all are trust and respect, which are essential for any challenges we face together.

As employees, we share a unique connection: our commitment to serving Canadians. At ACOA, the work we do, whether it is through our program delivery, internal services, advice, advocacy or coordination, is both a duty and a privilege. Rest assured, when we acknowledge and accept these values, it is not in isolation but in harmony with plans and actions to tackle racism and to advance reconciliation, diversity, accessibility, equity and inclusion.

I count on you to exemplify our public service values and to use the Agency’s Code of Conduct to help guide ethical decision making and behaviour at work.

Laura Lee Langley
President

2 Application

The ACOA Code of Conduct (the Code) is built on the values and expected behaviours outlined in the Government of Canada’s Values and Ethics Code for the Public Sector (VECPS) and the Directive on Conflict of Interest. This Code applies to all persons employed by ACOA, including students, interns, contractors, casual workers and workers from other organizations (e.g., those on secondment or interchange). For the purpose of this Code, employee will be used to refer to all persons subject to its application.

Employees are expected to adhere to the highest level of professionalism, honesty and ethics in all Agency activities, following the prescribed legal and regulatory frameworks and respecting public service values and ethics. The Code does not replace any collective agreement, directive, condition of employment, legislation, regulation or Treasury Board policy but is intended to be read in conjunction with these documents. These documents must be read together, and guidance should be sought via your manager if there are any uncertainties.

Compliance with the Code

Because we must adhere to the VECPS and the Code in our actions and behaviours, compliance with the VECPS, the Code and the Directive on Conflict of Interest is a condition of employment for all ACOA employees. At ACOA, we are all expected to act in accordance with these values. A breach of this Code may result in disciplinary measures, up to and including termination of employment.

Manager’s Accountability

Employees who are also managers are in a position of influence and authority that confers a particular responsibility to exemplify the values of the public sector and ACOA. Values and ethics are the foundation of leadership in the public service. The behaviours and examples set by ACOA managers are of the utmost importance in establishing and promoting an ethical work environment founded on our organizational and public sector values.

To strengthen our ethical culture, managers have a responsibility to demonstrate leadership within their teams by:

• demonstrating ethical professional conduct and taking responsibility for their actions while serving as a positive example for others;
• identifying potential ethical risks in the workplace and ensuring that employees understand the specific ethical risks they could face, as well as actions they can take to mitigate these risks;
• considering and documenting how employees have embraced and applied the organization’s values while working to meet their objectives within their performance assessments and address any issues in a timely fashion;
• understanding and taking into consideration the organization's values when making people and financial management decisions;
• actively fostering an inclusive environment where all team members feel valued and respected. This includes encouraging diverse perspectives, ensuring equitable opportunities for growth and development, and addressing any biases or discriminatory behaviours; and
• providing employees with regular opportunities to participate in open dialogue on values and ethical issues and encouraging reflection, discussion and questions.

2.1 Ethical Decision Making

Employees should be able to recognize an ethical dilemma, that is, a situation in which one is uncertain about what to do. As there can be situations where there are competing values creating an ethical dilemma, deciding what action to take can be a challenge.

When a situation arises that creates a potential ethical dilemma, employees are expected to take the necessary steps to seek counsel on the situation before proceeding. This may include but not be limited to:

• consulting with their manager;
• reviewing the applicable codes, regulations, policies and collective agreements; or
• consulting with subject-matter experts, including legal guidance where necessary.

For more information, please contact the Office of Conflict of Interest.

3 Values s Ethics – Expected Behaviours

This Code highlights respect for people and the sensitive nature of the information they obtain through their work. The inclusion of these specific standards is intended to strengthen and maintain the ethical culture of the Agency and support a healthy and productive workplace.

Employees are expected to review this Code, including Appendix A (Conflict of Interest and Post-Employment), attest to their understanding of the contents on a regular basis, and abide by the Code at all times. Managers are also responsible for ensuring new employees have reviewed the Code as part of their onboarding process.

It is the responsibility of all employees to set an example of ethical conduct. Employees of all levels must understand that their actions shape the character of the organization. Everyone must strive to act in the best way possible to ensure that they maintain and reinforce the trust that everyone has in the organization.

The VECPS outlines the expected behaviours that correspond to the Values and Ethics of the federal public sector:

• Respect for democracy (section 3.1 of this document)
• Respect for people (section 3.2 of this document)
• Integrity (section 3.3 of this document)
• Stewardship (section 3.4 of this document)
• Excellence (section 3.5 of this document)

Public sector values are our values. ACOA employees must act in accordance with these values and adopt behaviours expected of federal employees. These values and expected behaviours cannot be considered in isolation from each other as they will often overlap.

3.1 Respect for Democracy

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

Employees shall uphold Canadian parliamentary democracy and its institutions by:

• respecting the rule of law and carrying out their duties according to the applicable legislation, policies and directives, in a non-partisan and impartial manner;
• loyally carrying out the lawful decisions of Canada’s leaders and supporting ministers in their accountability to Parliament and Canadians; and
• providing decision makers with all the information, analysis and advice they need, always striving to be open, candid and impartial.

At ACOA, employees ensure that the decisions of their leaders are faithfully implemented. ACOA employees are professional, objective and impartial – qualities that are vital to the democratic system.

Respecting democracy includes:

• complying with legislation, policies and directives and acting accordingly;
• helping to maintain and enhance ACOA’s image and reputation. Employees are subject to the duty of loyalty and must exercise caution and restraint to ensure they do not threaten the impartiality, integrity or neutrality of the public service while carrying out their duties; and
• for managers, making decisions with the interests of ACOA in mind.

Failing to respect democracy includes:

• failing to help our leaders make decisions by providing incomplete and biased advice; and
• refusing to respect the decisions made by authority figures.

3.1.1 Political Activities

Federal public service employees and students are subject to the political activity provisions set out in Part 7 of the Public Service Employment Act (PSEA). Accordingly, employees have the right to engage in political activities while maintaining the principle of political impartiality in the public service.

Employees are required to seek and obtain permission from the Public Service Commission via the Agency’s Designated Political Activities Representatives to seek nomination for or be a candidate in a federal, provincial, territorial or municipal election, in accordance with Part 7 of the PSEA.

For more information on political activities, please refer to the Public Service Commission’s Political Activities website and the Self-Assessment Tool.

3.1.2 Public Comments and Social Media

As an employee, you are expected to balance your right to freedom of expression, protected by the Canadian Charter of Rights and Freedoms, with your legal obligation to be impartial and politically neutral while performing official duties. Public trust is at the core of respect for democracy. Understand that the comments, criticisms, photos, videos and personal information that you post on social media are not private, even when using a personal, non-public account. As employees, you are required to use sound judgment to ensure that your personal and professional use of social media does not compromise ACOA or the Government of Canada’s reputation, protected information, or your working relationships with colleagues, stakeholders and clients.

Any public comments made by employees, including on social networks, must be factual, objective and impartial. Social media sites are public forums, and online comments and behaviour in these forums become a part of the public record. As per the VECPS, respect for democracy dictates a non-partisan public sector as an essential part of the democratic system.

Employees are required to refrain from expressing, in a public forum, personal differences with any Government of Canada or Agency position. In addition, they are required to ensure any public comments, opinions or actions are conducted in a manner that preserves and enhances public confidence in their ability to effectively carry out their official duties impartially.

Only designated spokespersons can issue statements or make comments on behalf of ACOA or the Government of Canada.

More information on the use of social media is available through the Treasury Board Secretariat’s Guidance on Employees' Personal Use of Social Media.

3.2 Respect for People

Treating all people with respect, dignity and fairness is fundamental to the relationship with the Canadian public and contributes to an inclusive, safe and healthy work environment that promotes engagement, openness and transparency. The diversity of our people and ideas leads to better programs and services that are representative of the public we serve.

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

• treating every person with respect and fairness;
• valuing diversity and the benefit of combining the unique qualities and strengths inherent in a diverse workforce;
• helping to create and maintain a safe and healthy workplace free from harassment and discrimination; and
• working with others in a spirit of openness, honesty and transparency that encourages engagement, collaboration and respectful communication.

Respect for people is a public sector value that is reflected at ACOA in many ways. Treating people with respect, dignity and fairness is fundamental to our employees' relationships with colleagues, managers, partners, Canadian citizens and other individuals.

ACOA employees are expected to show civility, courtesy and tact. ACOA does not tolerate discrimination, as defined in the Canadian Charter of Rights and Freedoms, harassment or violence between employees (of any group or level) or toward third parties.

In that regard, the Agency has a Policy on Harassment and Violence Prevention in addition to formal and informal complaint resolution procedures.

At ACOA, showing respect toward people includes:

• seeking out, valuing and being open to the diversity of each person’s talents, language and points of view, and treating others with fairness and dignity even in their absence;
• striving for consensus in decision making, while respecting each person’s role and responsibilities, as well as all applicable laws and policies, and recognizing that inclusion is essential to achieving our goals with excellence;
• demonstrating courtesy, kindness, diligence, attentiveness and professionalism;
• using respectful language when communicating orally and in writing;
• fulfilling responsibilities and obligations with respect to health, accessibility and safety; and
• helping to create and maintain a healthy, welcoming, inclusive, respectful, accessible and trusting work environment.

Failing to show respect for people includes:

• abusing power and using authority or status, and not respecting the minority language, where applicable, to intimidate or threaten someone;
• causing harm to individuals or groups by employing disrespectful words or actions that denigrate or discredit colleagues or collaborators, present or absent;
• displaying or circulating suggestive material that could be interpreted as offensive to others; and
• talking about people rather than ideas, and spreading gossip.

3.2.1 Positive Environment

ACOA is committed to providing a safe, healthy and respectful workplace, free from harassment and violence. In a diverse and dynamic work environment, where collaboration is key to success, misunderstandings and interpersonal conflicts may occur. It is essential to be sensitive to differences and to demonstrate understanding, acceptance and respect for everyone, while remaining committed to delivering on ACOA’s mandate.

Harassment and violence in the workplace are strictly prohibited and will not be tolerated.

Employees are expected to take the available training and review the mechanisms available to prevent harassment and violence in the workplace. For more information, please visit the Workplace Harassment and Violence Prevention website.

Resolution of Conflicts

At all levels, employees are expected to try to find a way to resolve workplace issues and conflicts through a collaborative and amicable approach such as face-to-face dialogue. Where required, an employee may also speak with their manager or another manager to resolve issues with the individual concerned. Where necessary, ACOA encourages the use of Informal Conflict Management Services to assist in resolving workplace issues through the use of coaching, facilitated discussions, mediation and/or other collaborative means.

3.2.2 Health and Safety

ACOA recognizes that ensuring physical and psychological health and safety in the workplace is a top priority – a shared responsibility at all levels of the organization and an activity where everyone’s participation is essential.

Employees are expected to know and comply with all health and safety regulations and directions, and to behave in a manner that preserves and prevents accidents, injury or illness in the workplace. In addition, they are expected to report any injury, illness, unsafe act or unsafe condition to their supervisor or manager immediately.

All reports are reviewed and investigated and monitored by internal experts, in consultation with members of the occupational health and safety committees, to implement appropriate corrective actions. For more information about health and safety, please communicate with the HR/OHS Advisor.

3.2.3 Impaired Faculties

The Agency is committed to providing and maintaining a healthy and safe work environment for all employees and ensuring that everyone’s actions at all times reflect positively on the public service. No person shall report to work under the influence of alcohol, legal or illegal drugs, or any substance that impairs their ability to work safely. It is the responsibility of each employee to ensure that the use of prescription medication or any personal condition, such as fatigue, mood disorders or any psychological issues, does not impair their ability to work safely and competently, and to seek out appropriate accommodation as required. This includes during all work-sanctioned events or while representing the Agency in any capacity.

In addition, smoking and vaping of any substance, including cannabis, is prohibited in the workplace, including in Agency vehicles. For more information on impaired faculties at work, please visit the Canadian Centre for Occupational Health and Safety.

3.2.4 Work Relationships

Employees are welcome to socialize and establish working relationships in the workplace, provided that these relationships do not interfere with the efficient functioning of individuals or the workplace. Anyone who has familial relationships or is entering into a personal relationship with another ACOA employee must remain aware of their professional responsibilities and ensure that the relationship does not create ethical problems, conflicts of interest, favouritism, bias or influence, whether real, apparent or potential. For more information, contact your manager or the Office of Conflict of Interest.

3.2.5 Diversity, Equity and Inclusion

Employees are expected to conduct themselves in a manner that embraces diversity, equity and inclusion by treating all colleagues with respect and dignity, engaging in continuous learning about diversity and anti-racism, challenging discriminatory behaviours and their own biases. In addition, employees are expected to collaborate openly, ensure equal and equitable opportunities for all, and report any incidents of harassment or bias. By fostering a culture of inclusion and respect, employees contribute to a positive, healthy, safe and supportive work environment for everyone.

3.3 Integrity

Integrity is the cornerstone of good governance and democracy. By upholding the highest ethical standards, employees maintain and strengthen public trust in the honesty, fairness and impartiality of the federal public service.

Employees shall serve the public interest by:

• always demonstrating integrity and acting in a manner that will bear the closest public scrutiny, an obligation that may not be fully satisfied by simply acting within the law;
• never using their official roles to gain advantage for themselves or others or to place others at a disadvantage;
• taking all possible steps to prevent or resolve any real, apparent or potential conflict of interest between their official responsibilities and their private affairs in favour of the public interest; and
• acting in such a way as to maintain their employer’s trust.

ACOA employees must be able to account for their daily actions and decisions while carrying out their duties in accordance with the applicable laws, policies, directives and codes.

At ACOA, demonstrating integrity includes the following:

• Employees must demonstrate objectivity and impartiality in the exercise of their duties and in their decision making whether related to staffing, financial awards or penalties to internal and external parties, procurement, transfer payments, program operations, or any other exercise of responsibility.
• Employees are prohibited from using their position to obtain an advantage or grant preferential treatment or advantages (real or apparent) to family, friends or any other person or entity. They also are not to disadvantage any entity or persons dealing with the government because of personal bias.
• Employees will manage files and projects with attentiveness while ensuring their integrity.
• Employees will handle sensitive information (protected or classified) with care to ensure it is not accessed inappropriately.
• Employees will be impartial and fair when choosing scientific and technical projects that align with ACOA’s mandate and mission and be mindful that these projects are to be managed responsibly.
• Employees will avoid all forms of real, potential or apparent conflict of interest between external partners and suppliers and employees who have a contractual, scientific or technical authority at ACOA.
• Employees will act at all times in a manner that will bear the closest public scrutiny and maintain their employer’s trust.

Similarly, any activities conducted with an outside individual or entity with whom ACOA has past, present or potential official dealings must be reported. Acceptance of an offering that creates a benefit to ACOA or an employee, such as funding for an event or a donation of any kind, an invitation to an event, hospitality such as lunch or events sponsored with a gift etc., is strictly prohibited and must be declared in writing through the Office of Conflict of Interest for review and approval prior to accepting such benefit.

Failing to demonstrate integrity includes:

• knowingly participating in unauthorized or illegal activities;
• engaging in client activities without seeking appropriate clearance;
• not reporting personal relationships that could cause a conflict of interest;
• using ACOA property or resources for personal ends;
• claiming inappropriate, wasteful or falsified expenditures;
• using confidential or privileged information to gain advantage for oneself or for any other person or entity;
• refusing to take responsibility of one’s words and actions;
• accepting gifts or hospitality from clients/external suppliers, etc.;
• using one’s position to obtain an advantage or grant preferential treatment or advantages to family, friends or any other person or entity;
• disadvantaging any entity or persons dealing with the Government because of personal bias; and
• failing to declare a conflict of interest.

3.3.1 Artificial Intelligence

Artificial intelligence (AI) offers benefits and opportunities while also presenting challenges and risks. As AI tools evolve, so will the legal and policy guidance on the ethical and responsible use of AI (and other emerging technologies) in the workplace. Employees must first review the Guide on the use of generative AI, in conjunction with the Guide on generative AI in your daily work, and inform their manager when using generative AI in their work. When unsure of the acceptability of AI usage, managers should consult with CIOD for advice and guidance.

3.3.2 Protection of Information

Employees are expected to carry out their duties in a manner that complies with ACOA’s obligations under the Access to Information Act and the Privacy Act in the collection, use, sharing, storage, disclosure, distribution and disposal of any personal information pertaining to individuals or third-party information pertaining to businesses.

In addition, employees are expected to avoid any inappropriate use of information for any reason, especially personal purposes, for gain or financial benefit for themselves or others, or to put others at a disadvantage. Information must only be accessed if it is required to perform one’s duties and if employees are authorized to do so. Employees are expected to safeguard information and use, process, store and handle it only for purposes specified by ACOA.

It is important to understand that just because employees can open or view Agency files and documents or have a particular level of security clearance, does not mean they have the right or authorization to access the information. Inappropriately accessing or using information can lead to disciplinary action.

3.4 Stewardship

Employees are entrusted with the responsible use and care of public resources, for both the short-term and the long-term. Employees shall use resources responsibly by:

• effectively and efficiently using the public money, property and resources they manage;
• considering the short- and long-term effects of their actions on people and the environment; and
• acquiring, preserving and sharing knowledge and information as appropriate.

At ACOA, demonstrating stewardship includes:

• complying with the policies and directives on the use of public funds and assets, including for purchases, rentals, hospitality, travel, conferences and training;
• behaving responsibly with respect to health and safety in our work environment, and that of our colleagues;
• using work resources, property and time wisely, in accordance with the applicable policies, collective agreements or the conditions of employment established by the employer;
• ensuring proper information management (documents and data); and
• adopting work behaviours that protect our environment for current and future generations, which considers such elements as the consumption of energy and resources (e.g., supplies), travel and the disposal of waste and electronic waste in a responsible manner.

Failing to demonstrate stewardship includes:

• the illegal or unacceptable use of tangible or intangible government property;
• using public money, resources or assets in an inappropriate or wasteful manner;
• using a third party’s intellectual property without permission; and
• not complying with central policies and directives.

3.4.1 Use of ACOA Property

Employees are expected to make every effort to protect ACOA property and other assets from damage, loss or misuse, especially those for which they are responsible for and over which they have control. This may include but not be limited to:

• computers/laptops, monitors and other electronics provided for work purposes;
• agency vehicles;
• telephones, cell phones and systems they utilize;
• Agency credit cards, including corporate travel cards; and
• materials and resources, including information systems.

Any damage, potential or actual loss, or misuse of Agency assets or property must be immediately communicated to a manager and to the appropriate contact listed below. ACOA assets are to be used only in the performance of ACOA duties, unless otherwise provided for by Agency policies.

IT equipment, electronics and cell phones:

• Any damage, potential or actual loss, or misuse of Agency IT equipment, electronics and cell phones must be immediately communicated to a manager and IT security by either emailing ithelpme@acoa-apeca.gc.ca or sending a Track-It.

Fleet:

• All damage, accidents, misuse must be reported to the regional Manager of Admin* (directly or through the regional admin inbox).
• More information on reporting can be found in Section 6.3.3 of ACOA_s Vehicle Management Procedure.docx.

Credit cards:

Acquisition cards

• Damage/loss/misuse of acquisition cards should be reported to regional card coordinators/regional Manager of Admin* (directly or through the regional admin inbox) as well as the Agency Card Coordinator (Janice.Belliveau@acoa- apeca.gc.ca).
• More information on monitoring can be found in section 7 of ACOA Acquisition Card Policy.

Travel cards

• Misuse must be reported to Corporate accounting: corporateaccounting- comptabilitegenerale@acoa-apeca.gc.ca.
• More information on monitoring can be found in the BMO Delinquent cards_ENG_Published.pdf.

Facilities

• All damage, misuse of equipment or furniture must be reported to the regional Manager of Admin* (directly, or through the regional admin inbox).

*Managers of Admin:

• Ottawa: josee.davis@acoa-apeca.gc.ca (manager of admin)
• NB:   nbadminrequests-requeteadminnb@acoa-apeca.gc.ca
• HO  (PPC and  FCS):  hoadministration-administrationss@acoa-apeca.gc.ca
• PEI: nancy.mcgregor@acoa-apeca.gc.ca (manager of admin)
• NS:    nscentralrecords-servicecentraldesdocumentsne@acoa-apeca.gc.ca
• NL: heather.lee@acoa-apeca.gc.ca (manager of admin)

3.4.2 Use of Intranet, Internet, Email and Networks

The Agency does not tolerate inappropriate use of its electronic or telephone networks or devices. Inappropriate use includes but is not limited to inappropriately storing sensitive material on computer networks, installing software not authorized by the Agency, visiting inappropriate websites, congesting the network, and making unauthorized personal long- distance calls. Here is a more detailed list from the Treasury Board regarding unacceptable network and device use.

Employees are expected to review and follow the Government of Canada Directive on Service and Digital, ACOA’s Directive on Network Access which also includes information on the use of Agency networks for union business, and familiarize themselves with the appropriate use of Government of Canada mobile devices.

3.5 Excellence

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

• providing fair, timely, efficient and effective services that respect Canada’s official languages;
• continually improving the quality of policies, programs and services we provide; and
• fostering an inclusive work environment that promotes teamwork, learning and innovation.

At ACOA, acting with excellence includes:

• performing well by demonstrating competence, professionalism and focusing on expected outcomes;
• encouraging, supporting and promoting ongoing professional development and learning;
• maintaining a professional image and wearing appropriate attire in the workplace and during work-related events;
• maintaining second official language proficiency to communicate with and provide services in the language of current and future clients’ choice, where applicable;
• identifying needs and opportunities for collaboration between sectors or external partners, while applying competencies, knowledge, talents and abilities and aligning actions with common ACOA-specific interests and ensuring that the interests of Canadians are served;
• recognizing all contributions, both formally and informally;
• fostering an open environment by encouraging colleagues and partners to share new ideas, and evaluating these objectively, based on their applicability and effectiveness to ACOA’s mandate; and
• promoting and supporting innovation and modernization to improve the effectiveness and efficiency of ACOA’s operations and business processes.

Failing to act with excellence includes:

• circumventing the laws, policies and directives of ACOA and central agencies;
• not seeking to increase knowledge of new trends, tools and methods in the context of our activities;
• not providing a substantive level of services in both official languages and not maintaining the level of proficiency expected of one’s position;
• not following ACOA communications management protocols (media relations, spokesperson responsibilities, corporate identity, etc.);
• knowingly withholding relevant information that could help colleagues, managers and partners do their work more effectively and meet their organizational objectives;
• not considering new ideas presented by peers, employees and collaborators, which could allow for more efficient and effective operations and processes.

3.5.1 Client Service

Service excellence and showcasing the image of ACOA and the Atlantic region are important to the Agency. Employees are expected to make every reasonable effort to ensure that all persons who engage with the Agency receive courteous, timely and respectful service and, where applicable, in the language of their choice. In turn, Agency employees are also entitled to be treated in a courteous and respectful way. Any issues arising during the provision of client services should be reported to one’s manager immediately.

4 Reporting

If an employee has information that could indicate a breach of the VECPS, the Code of Conduct or any directive governing appropriate behaviours, they must bring it to the attention of their manager, another manager, Human Resources, ACOA’s Senior Officer for Disclosure of Wrongdoing, Office of Conflict of Interest, or their Values and Ethics Officer.

4.1 Reporting of Wrongdoing

The Agency strives to ensure a positive work environment based on its values, with a strong culture of commitment to the public interest. Any employee who believes that a person has committed, or intends to commit, wrongdoing in the workplace must disclose that information, in good faith, by notifying their manager or another manager with whom they feel comfortable. Information on what constitutes wrongdoing can be found on the Values and Ethics website or at the Office of the Public Sector Integrity Commissioner.

Depending on the situation, staff may seek advice, submit a written complaint or report an incident. More information and contacts can be found on the Treasury Board website regarding public servant disclosure protection.

As required by the Employees Disclosure Protection Act, anyone who has information that could reveal a serious breach of the Code must inform their manager or another manager, ACOA’s Senior Officer for Disclosure of Wrongdoing or the Office of the Public Sector Integrity Commissioner.

4.2 Protection from Reprisals

The Agency encourages employees to raise any legitimate concerns. The Agency does not tolerate threats or reprisals against a person who reports an offence. In other words, ACOA undertakes not to dismiss, demote, suspend, threaten or harass any employee who has reported, in good faith, actual or perceived irregular activities, or to discriminate against them for those reasons.

5 Consequences

Although this Code prescribes values, expected behaviours and standards of conduct, it is not exhaustive. The absence of a specific standard of behaviour or guideline covering a particular situation does not relieve employees of the responsibility to act ethically. The standard or omission may still be subject to disciplinary action. It is possible that more than one interpretation of a situation may exist, particularly in conflict of interest situations, such as outside activities or employment. Employees should consult with their manager or ACOA’s Human Resources Branch.

An employee who has not complied with the expectations set out in this Code may be subject to disciplinary measures up to and including termination of employment.

6 Contacts

For further information on the Code, including regional Values and Ethics contacts, please refer to Values and Ethics - Home.

7 Appendix A - Conflict of Interest and Post-Employment

A conflict of interest is a conflict between your private interests and your official duties. All employees are responsible for ensuring they are following the Directive on Conflict of Interest. Compliance is a condition of employment. A conflict of interest can be real, apparent or potential.

To assist you, the Agency’s Declaration of Conflict of Interest form contains specific information for each type of declaration. Employees must declare any conflict of interest in writing to ACOA’s Departmental Officer, Conflict of Interest and Post-Employment within 60 days of being appointed and whenever there is a change in circumstance, transfer or deployment. Employees must also review this requirement at minimum annually and ensure that their declarations are current and accurate.

7.1 Outside employment and activities

Outside activities, including volunteer activities, must be declared if they are likely to give rise to a conflict of interest or in any way undermine the neutrality of the public service. You are expected to seek guidance prior to beginning an activity, especially if it is with a client organization or an employee of a client organization.

7.2 Assets and liabilities

You are required to report all assets and liabilities that may influence your decision making or create a potential conflict of interest. Reporting is required when a new situation arises and should be reviewed periodically, and updated as soon as a situation changes. Full disclosure assures transparency and upholds the integrity of the Agency’s operations:

This includes reporting on:

• publicly traded securities of corporations and foreign governments and self-administered Registered Retirement Savings Plans (RRSPs) as well as self-administered Registered Education Savings Plans (RESPs) that are composed of these securities, where these securities are held directly and not through units in mutual funds;
• 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;
• commercially operated farm businesses;
• real property that is not for the private use of public servants or their family members;
• commodities, futures and foreign currencies held or traded for speculative purposes;
• assets placed in trust or resulting from an estate of which the public servant is a beneficiary;
• secured or unsecured loans granted to persons other than to members of the public servant's immediate family;
• 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/or
• direct and contingent liabilities in respect of any of the assets described in this section.

Assets Not Requiring a Declaration:

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 could include:

• residences, recreational property and farms used or intended for use by public servants or their families;
• household goods and personal effects;
• works of art, antiques and collectibles;
• automobiles and other personal means of transportation;
• cash and deposits;
• 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;
• Registered Retirement Savings Plans (RRSPs) and Registered Education Saving Plans (RESPs) that are not self-administered;
• investments in open-ended mutual funds;
• guaranteed investment certificates and similar financial instruments;
• annuities and life insurance policies;
• pension rights, money owed by a previous employer, client or partnership; and/or
• 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 monies receivable.

7.3 Contracts with the Government of Canada, Non‑public Information, Preferential Treatment and Inappropriate Influence

Under the Directive on Conflict of Interest, you are required to seek approval from your deputy head before entering into a contractual arrangement with the Government of Canada for which you are receiving any direct or indirect benefit or income. This would include providing services to a company who then contracts to the Government or direct contracts for an outside activity.

It is also prohibited to:

• knowingly take advantage of or gain personal benefit from information that is obtained in the course of your official duties and responsibilities that is not available to the public;
• assist outside entities or individuals in their dealings with the Government where doing so would result in preferential treatment or advantages to the entities or individuals; and
• interfere in the dealings of outside entities or individuals with the Government in order to inappropriately influence the outcome.

7.4 Gifts and/or Hospitality

Regardless of the context, a gift is designed to be seen as a sign of affection, recognition or gratitude. In a true friendship, a gift will not be vested with any expectations on the part of the giver for something in return from the recipient. However, in business relationships, gifts always carry an element of reciprocation. Businesses and organizations offer gifts because they are profitable or advantageous. In most cases, the action is aimed at developing or maintaining a relationship between the recipient and the donor.

Consequently, ACOA employees are expected to refuse any offer of gifts when it would not be considered:

• within the normal standards of courtesy or protocol; and
• infrequent and of minimal value.

A declaration should be made to the Office of Conflict of Interest for review if a gift is accepted so the appropriate course of action can be taken.

Here are six examples that could occur in the course of your work and could be considered a conflict of interest that should be declared:

• Trips and travel pass/certificate benefits – While travelling on business, you are offered an upgrade to business class based on benefits from your previous employer.
• Conferences/seminars – You attend a conference/seminar and you participate in a draw and win or receive a parting gift.
• Dinner at a restaurant – A company invites you to dinner or a social event with some colleagues after a meeting at your office. The restaurant to which you are invited is known as one of the best in the area; it is expensive, and the company is paying for the meal.
• Golf tournament – A large company organizes an annual golf tournament and invites you to play for free.
• Gift – You are currently developing a project with a client and they offer you samples of their product to use or take back to the office.
• Offer of information – A representative of a company offers you a copy of a very important study that has just come out. Receiving this information may be perceived to compromise your ability to make impartial decisions and favour the company.

7.5 Working with Relatives or Associates Such as Friends or Neighbours

"Relatives" refers to all persons who are related by blood, adoption or marriage.

"Associates" refers to relationships resulting from circumstances or affinities, for example: business or professional association, common interest acquaintance, social relationship and friendship or any other relationship that could be prejudicial to workplace relations or functions.

These relationships can create real, apparent and potential conflicts of interest and may have significant negative impacts on both the workplace and the reputation of the Agency when not handled appropriately. Therefore, it is essential that all such relationships be declared to the Office of Conflict of Interest so that appropriate documentation and mitigation strategies can be implemented when necessary.

7.6 Post-Employment Requirements

Before leaving the Public Service, employees at the EX, EX-Equivalent, EX minus 1, and EX minus 2 levels, must inform their manager about their plans for future employment, plus any associated conflict of interest risks. It is the departing employee’s responsibility to disclose all serious employment offers that risk a real, apparent or potential conflict of interest situation.

This includes: