Section 69 – Canadian Penitentiary Service – Founded

Section 69 – Founded – Fraud – FSWEP – False proof of post-secondary registration and false information in application

Authority: This investigation was conducted under section 69 of the Public Service Employment Act, S.C. 2003, c.22, ss. 12 and 13 (the “Act”).

Issue: The purpose of this investigation was to determine whether the candidate may have submitted a false proof of registration from a Canadian university in order to be considered for re-employment under the Federal Student Work Experience Program (FSWEP). Although applicants to FSWEP are excluded from the Act, they can be investigated for fraud under section 69.

Conclusions: The evidence demonstrated on the balance of probabilities that the candidate committed fraud, within the meaning of section 69 of the Act, to improve her chances for employment by knowingly submitting false information about her student status in the Public Service Resourcing System. The candidate also provided a letter purportedly from the university registrar to support her application. The university later affirmed that they had not issued the letter of registration. The candidate would have reasonably known about the conditions of eligibility for re-employment because of previous FSWEP employment. Consequently the candidate's actions compromised the FSWEP employment.

Facts: Applicants to the FSWEP program, including re-employments, must be full-time secondary or post-secondary students in a recognized educational institution and be returning to full-time studies in the following academic term. Persons are eligible for re-employment providing they have been previously hired via one of the designated programs.

The candidate's updated FSWEP profile indicated full-time status, completion of two years of a Bachelor's degree and registration for a third year of studies. At the request of the hiring organization, the candidate provided a letter confirming registration for full-time studies at a Canadian university in the fall semester. The hiring organization later received confirmation from the university that they had not issued the letter of registration and that the candidate was not enrolled for the fall semester. Consequently, the hiring organization cancelled the request for re-employment and referred the matter to the Public Service Commission (PSC).

Corrective action: The Commission ordered:

• The removal of the candidate's application from the Federal Student Work Experience Program's inventory for the campaign in question;
• For a period of three years, the candidate must obtain the Commission's written approval before accepting any position or work within the federal public service. Should the candidate accept a term, acting or indeterminate appointment in the federal public service without having first obtained such an approval, her appointment will be revoked;
• For a period of three years from the signing of the Record of Decision, should the candidate obtain work through casual employment or student programs within the federal public service without first notifying the Commission, a letter will be sent by the Investigations Branch of the PSC to the deputy head advising of the fraud committed by the candidate with a copy of the investigation report and the Record of Decision.

Investigation File No.: 14-15-04