Conflict of interest (COI)

From: National Defence

The Conflict of Interest (COI) section reviews disclosures made by Department of National Defence (DND) employees and Canadian Armed Forces (CAF) members. The goal is to ensure members and employees are not placing themselves, or the department, in a conflict of interest situation. On this page you will find different situations where a conflict of interest may arise.

On this page

• Assets
• Preferential Treatment and Personal Relationships
• Outside employment, volunteering or undertakings
• Political activities
• Endorsement of an Entity, Product or Service
• Participation in public events
• Social Media and the Internet
• Post-employment
• Acceptance of Gifts, Hospitality and Other Benefits
• Solicitations, Sponsorships and Donations
• Lobbying
• Forms

Assets

DND employees and CAF members must evaluate their assets to make sure they don’t conflict with the nature of their official duties. All non-exempt assets must be declared. See DAOD 7021-1 Conflict of Interest for more information about the disclosure of assets.

Preferential Treatment and Personal Relationships

DND employees and CAF members must not provide preferential treatment to family members, friends, associates or to private entities by exceeding their official duties to assist a person or private entity seeking to have dealings with the federal government. They must also avoid being placed, or appearing to be placed, under an obligation to any person or private entity that might profit from special consideration on the part of the DND employee or the CAF member. Note that providing information that is generally accessible to the public to a person or private entity is not considered preferential treatment.

It is important to note that personal or family relationships are not prohibited within DND. However, DND employees must declare these relationships when they could be perceived as posing a real, apparent or potential conflict of interest risk. For example, when a family member or friend is hired within the same organization, group (level 1) or chain of command, the Conflict of Interest-Compliance Team within ADM(RS) are available to provide advice and recommend measures to mitigate any risk of conflict of interest. If you find yourself in such a situation, it is recommended that you submit a Confidential Report for advice.

For CAF members additional information is available here: DAOD 5019-1 Personal Relationships and Fraternization.

Outside employment, volunteering or undertakings

If you’re employed outside DND, volunteering in a position of responsibility (board trustee, patron, spokesperson etc.) or have other undertakings (self-employment, business ownership etc.), you must disclose this to the COI office. They will assess whether there is a conflict of interest. 

For Senior DND employees or CAF members, if you’re planning on working after leaving DND/CAF, please refer to Post-employment.

If your outside employment or volunteer activity is in relation to political parties or elections, see Political activities.

You may have to send the COI office the following documents depending on your situation:

Political activities

Under the Public Service Employment Act, a political activity refers to carrying on in any activity:

• In support of, within, or in opposition to a political party;
• Carrying on any activity in support of or in opposition to a candidate before or during an election period; or
• Seeking nomination as or being a candidate in an election before or during an election period.

At all times, public service employees and members of the Canadian Armed Forces have duty of loyalty towards the GC. You cannot publicly criticize the government while identifying yourself as a public servant or CAF member.

Political Activities: Running as a candidate, volunteering or working for a campaign

Endorsement of an entity, product or service

DND employees and CAF members are not permitted to privately endorse or recommend, any entity, product or service from outside the Government of Canada (GC) while identifying themselves as a DND employee or CAF member, and they may not allow the use of their name or photograph in connection with any such entity, product or service, without the prior written consent of the Deputy Minister (DM) or the Chief of the Defence Staff (CDS) or their delegates, as applicable.

See DAOD 7021-1 Conflict of Interest, for more information.

Participation in public events

DND employees and CAF members must not identify themselves as a DND employee or CAF member when participating in public events held by for-profit or non-profit entities without the prior written consent of the DM or the CDS or their delegates, as applicable, except in the course of the official duties of the DND employee or CAF member.

See DAOD 7021-1 Conflict of Interest, for more information.

Social Media and the Internet

DND employees and CAF members must be aware of their obligation of loyalty to the GC and remain sensitive to COI or the potential for adverse public perception that may arise from the creation, sharing or discussion of information on social media and other Internet sites.  

See DAOD 7021-1 Conflict of Interest, for more information.

Post-employment

Certain CAF ranks and DND civilian positions have restrictions with regards to post DND/CAF employment.

DAOD 7021-2, Post-Employment, establishes post-employment restrictions that are applicable to: 

• DND employees occupying a position classified at EX minus 1 or above; 
• Regular Force officers of the rank of lieutenant-colonel or commander or above; 
• Reserve Force officers of the rank of lieutenant-colonel or commander or above serving on Class “B” or Class “C” Reserve Service; and 
• Any incumbent of a position designated as being subject to post-employment compliance measures.

The restrictions listed in DAOD 7021-2 remain in-effect for the 12 months following your departure from DND/CAF. Restrictions on holding public office and lobbying can last up to five years.

If post-employment restrictions apply to you, you must declare any new employment or serious offer of employment, using the Post-Employment Declaration form. The Conflict of Interest office will assess whether there is a real, apparent or potential conflict of interest. 

CAF members can view a video from the Second Career Assistance Network (SCAN) for further information.

If you would like to have the post-employment restrictions waived because of your new employment, you must complete a Request for a Waiver or Reduction of Post–Employment Restrictions. You may want to fill out this form if your new position requires you to make contact with DND, CAF or any other federal department or agency with which you’ve had official dealings in the last 12 months before leaving the DND/CAF.

Acceptance of gifts, hospitality and other benefits

As a DND employee or CAF member, you cannot accept any gifts, advantages or hospitality for yourself or for your organization unless that gift is:

• Of minimal value, and
• Infrequent in nature, and
• There is no past or present business relationship, and it's reasonably expected that there will not be a business relationship in the future.

See DAOD 7021-3 Acceptance of Gifts, Hospitality and Other Benefits, for more information.

Public soliciting, sponsorship and donations

Fundraising is not permitted by a DND employee or CAF member without the DM or CDS written authorization, with the exception of the following charities and campaigns: (the Military Police Funds for Blind Children, the United Way campaign, the Poppy Fund, and Red Cross blood drives) which are approved by the CDS and the DM. 

See DAOD 7021-4 Solicitations, Sponsorships and Donations, for more information.

Lobbying

Lobbyists are individuals who are paid to communicate with the federal government. The action of lobbying is one of the activities described in the Lobbying Act.

Lobbyist must be registered under the Lobbyists Registration Regulations in order to engage with public office holders. Public office holders include:

• Senators
• Members of the House of Commons and their staff
• Ministers and their staff
• Officers and employees of federal departments and agencies
• Governor in Council appointees
• CAF members
• RCMP members

A Designated Public Office Holder (DPOH) is a new category of public office holders who occupy ministers and certain senior public official positions across the public service.

If you’re a former designated public office holder, you are prohibited from lobbying for the five years that follow your release from CAF or public service. An exemption can only be granted by the Commissioner of Lobbying.

Contact the Office of the Commissioner of Lobbying for any questions about lobbying.

Forms

• Confidential Report  (Form DND 2839)
• Post-Employment Declaration (Form DND 2840)
• Request for a Waiver or Reduction of Post - Employment Restrictions (Form DND 2841)

Enquiries: Conflict of Interest Section by email at COIDEP-CIPED@forces.gc.ca

Guides and help

• Frequently asked questions - Conflict of interest

Contact us

Assistant Deputy Minister (Review Services)

Conflict of Interest Section
National Headquarters (Carling)
60 Moodie Drive
Ottawa, Ontario
K1A 0K2

Email: COIDEP-CIPED@forces.gc.ca