Code of Conduct: Managing conflicts of interest

Understand what counts as a conflict of interest, when and how to report it at PSPC, and how to stay aligned with PSPC’s values and your responsibilities. As indicated in your letter of offer, compliance with this Code is a condition of employment, therefore reporting any situation that may present a real, apparent or potential conflict of interest is crucial.

At PSPC, you must:

• avoid any situation that could affect, or seem to affect, your impartiality or decision-making
• submit a Conflict of Interest Declaration (accessible to Public Services and Procurement Canada employees only) when required (as explained below)
• refrain from having private interests that would be unduly affected by government actions, unless otherwise permitted in Appendix A of the Directive on Conflict of Interest
• refrain from using or giving permission to use government property, including property leased to the government, for anything other than officially approved activities
• refrain from giving special treatment to friends, family, or business contacts
• refrain from assisting entities or individuals in their dealings with the government if it could lead to preferential treatment or undue advantage
• refrain from accepting gifts or benefits that could influence your decisions
• refrain from promoting personal businesses or political causes using your position
• ensure to resolve a real, apparent or potential conflict of interest in the public interest
• conduct your personal activities on your own time, outside your official hours of work with the government
• never take part in decisions that could benefit you or someone close to you

Ask for guidance if you’re unsure. Start with your supervisor or the Centre of Expertise for Values and Ethics.

You must submit a declaration:

• every year, even if nothing has changed and if you have nothing to declare
• before accepting outside employment or starting a business
• when you start a new job, change roles, or your personal situation changes and creates a real, apparent or potential conflict of interest, for example
  • new investments, including rentals
  • outside work
  • volunteer roles
  • board appointments
  • concrete plans of activities or job for after you leave the federal public service
• if you supervise or assess someone with whom you have a personal relationship
• if you’re considering accepting gifts or engaging in a political activity that could affect your impartiality

Not every situation is covered in the Code. If you’re unsure about what’s right, talk to your manager or reach out to experts listed under support.

At PSPC, you are required to declare all outside employment and business ownerships, regardless of whether they create a real, apparent or potential conflict of interest. Other personal situations need to be declared only if they do, could or may appear to create a conflict of interest.

You must declare any assets or interests that could influence, or appear to influence, your official duties and responsibilities at work. These include

• portfolio of Publicly Traded Securities that you own directly with firms or governments (not through mutual funds or exchange-traded funds [ETFs])
• farms that are run as businesses
• property that isn’t just for you or your family to live in
• investments like commodities, futures, or foreign currencies held to make a profit
• assets in a trust or from an estate where you’re a beneficiary
• loans you’ve given to people outside your immediate family
• anything else that could create a real or perceived conflict of interest
• debts related to any of the above

You don’t need to declare everyday personal items or common financial tools, like:

• your home, cottage, or family farm (if used by you or your family)
• furniture, clothing, and personal belongings
• art, antiques, or collectibles
• cars or other personal vehicles
• cash, bank accounts, or savings
• Government savings bonds or similar fixed-value investments
• Registered Retirement Savings Plans (RRSPs) and Registered Education Savings Plans (RESPs) that are managed by a financial institution (not self-directed)
• mutual funds
• Guaranteed Investment Certificates (GICs) and similar safe investments
• life insurance or annuities
• pension benefits
• money owed to you by a former employer or client
• loans to close family members or small personal loans to others
• common debts like car loans, home improvement loans, or credit cards from a bank

When in doubt, submit a declaration or ask for advice to the Centre of Expertise for Values and Ethics.

If it is determined that there’s a real, apparent or potential conflict of interest, you may be required to divest or relinquish certain assets or liabilities. Transferring them to close family or friends does not exempt you from these rules. Detailed procedures for managing such situations are outlined in Appendix B of the Directive on Conflict of Interest.

All outside employment and/or business ownership is treated as a potential conflict of interest until it is reviewed.

It is not your decision to determine whether your outside work presents a conflict of interest. You are required to submit a Conflict of Interest Declaration (accessible to Public Services and Procurement Canada employees only) as soon as possible.

A designated authority, that is the individual delegated by the Deputy Minister through the Instrument of Human Resources Delegation (accessible to Public Services and Procurement Canada employees only), will review your declaration and may give you rules to follow to manage the risk, if any is identified. You must wait for the designated authority’s response before you engage in an outside employment or business. You may be asked to change or stop the activity if it creates a conflict.

You may engage in outside work or run a business, but only if the designated authority determines that it doesn’t:

• interfere with your PSPC duties
• compromise the objectivity or the impartiality of the public service
• create a real, apparent, or potential conflict of interest that cannot be mitigated
• go against the expected standards of conduct at PSPC

It’s important to understand the difference between:

• Dual employment - you work for more than one federal organization but are only active and paid by one (for example, you are on LWOP from the other)
• Dual remuneration - you are actively working for and being paid by two federal organizations at the same time

If you work for or are paid by more than one federal organization at the same time, you must:

• receive prior authorization by the delegated authority
• submit a conflict of interest declaration

In such a situation, the following will need to be addressed:

• overlap in work hours
• real, apparent or potential conflicts of interest
• conflicts of duties

If the situation creates a conflict, you may be required to cease the other employment.

If you engage in unpaid outside activities such as volunteering or sitting on a charity’s board of directors, you must submit a conflict of interest declaration (accessible to Public Services and Procurement Canada employees only) for any activity that could create a real, apparent or potential conflict of interest.

When in doubt, consult your supervisor or the Centre of Expertise for Values and Ethics. You may be required to modify or discontinue the activity if it is deemed a conflict.

You may take part in political activities, but only if they don’t affect and do not seem to affect your ability to stay impartial at work.

Under the Public Service Employment Act (PSEA), political activities include:

• supporting or opposing a political party
• supporting or opposing a candidate before or during an election
• seeking nomination or running as a candidate in a federal, provincial, territorial, or municipal election

If you are planning to seek nomination or run for office in a federal, provincial, territorial or municipal election, you must:

• contact your designated political activities representatives to get permission from the Public Service Commission before getting involved, even for by-elections and elections by acclamation
  • if there is a risk of conflict of interest, you may need to change or stop your political activity
• not use your position or government resources to support or oppose a political party or candidate
• uphold public service values, including neutrality and your duty of loyalty

If you are planning any other political activity not related to candidacy, you must:

• use the Public Service Commission's (PSC) Political Activities Self-Assessment Tool to determine if you need to submit a declaration
• submit a Conflict of Interest Declaration (accessible to Public Services and Procurement Canada employees only) if the activity could affect or seem to affect your ability to do your job impartially, and receive permission before getting involved

You may take part in non-partisan activities related to elections—these are activities that are not connected to a specific party or candidate. Examples include:

• gathering ballots on election day
• compiling and releasing election results
• reviewing, producing, or storing election documents and forms

When in doubt, ask your designated political activities representatives.

You must refuse gifts, hospitality, or other benefits that may have a real, apparent or potential influence on your decisions or create a sense of obligation to the donor.

If you already accepted, or cannot refuse such gifts, hospitality, or other benefits, you must submit a Conflict of Interest Declaration (accessible to Public Services and Procurement Canada employees only) and inform your management immediately.

You must refuse:

• free accommodation or travel
• gifts of money of any kind
• fees for a speaking engagement you are giving no matter how small the amount - they must be paid over to the Receiver General of Canada
• tickets for, or invitations to, sporting or cultural events, such as hockey games or concerts
• green fees or invitations to golf tournaments

For further guidance on accepting gifts, hospitality and other benefits, consult the Departmental guidelines on the acceptance of gifts and hospitality (accessible to Public Services and Procurement Canada employees only). When in doubt, ask your supervisor or the Centre of Expertise for Values and Ethics.

As a public servant, it is important to fully understand your responsibilities and ethical obligations when soliciting or fundraising in the workplace.

Charitable activities

• You may fundraise for the Government of Canada Workplace Charitable Campaign (GCWCC) if you follow the Ethics and Conflict of Interest guidelines for the Government of Canada Workplace Charitable Campaign (accessible to Public Services and Procurement Canada employees only)
• To solicit or fundraise for initiatives other than the GCWCC, complete a Conflict of Interest Declaration (accessible to Public Services and Procurement Canada employees only) and wait until you receive permission to proceed
• If there is a risk of conflict of interest, even as part of the GCWCC, you may need to change or stop your solicitation or fundraising activities
• While you may build strong working relationships with consultants, remember they are private-sector partners, not public servants:
  • do not ask for or accept donations, gifts, hospitality, or other benefits from individuals, consultants or companies that do business with PSPC without written approval from the Deputy Minister
  • do not ask consultants to contribute to the GCWCC or participate in fundraising activities
    • refer them to the Government of Canada Workplace Charitable Campaign head office if they want to contribute
• For more guidance, refer to the Ethics and Conflict of Interest guidelines for the Government of Canada Workplace Charitable Campaign (accessible to Public Services and Procurement Canada employees only)

Non-charitable activities

• You may invite coworkers to join a group lottery, as long as it’s voluntary
• Do not sell products or services to employees under your management or supervision, and do not solicit them for personal initiatives
• Obtain management approval before initiating fundraising or soliciting activities for non-charitable initiatives (for example children’s sports teams, selling items, posting signs)
• Approved activities must
  • be respectful and not disruptive to others’ work
  • be done during breaks or lunch hours
  • be passive (no workstation-to-workstation solicitation)
  • not use government equipment or resources unless authorized
  • avoid the perception of preferential treatment
  • not be imposed on employees who choose not to participate

As public servants, we must uphold fairness, objectivity, and integrity in all our actions-including supervising others, making staffing decisions, and performing daily responsibilities. Personal relationships can create real, apparent, or potential conflicts of interest. That’s why it’s important to understand your obligations and proactively manage these situations with transparency and care.

A relationship includes:

• relatives: extended family members, including but not limited to parents, siblings, spouse or partner, children, in-laws, stepsiblings, grandparents, grandchildren, uncles, aunts, nephews, nieces, and cousins
• friends: individuals with whom you share a close bond, affection, or special kinship that goes beyond casual acquaintances or broad social circles
• associates: non-relatives with whom you have a personal relationship based on shared interests or circumstances beyond typical work or social interactions. This includes business relationships of mutual benefit or any substantial connection that could be seen as a conflict

The 3 following situations must be considered to prevent and address conflicts of interest deriving from relationships:

Supervision

You must not:

• supervise an employee, whether directly or indirectly (indirectly meaning there is only 2 persons between you and your personal relationship), who is a relative, friend or associate
• control directly or have your employees control a contractor who is a relative, friend or associate
• be involved in any contracting or human resources activities related to your relatives, friends or associates
• be in an intimate relationship with someone who reports to you

If you're a supervisor and a personal relationship exists or develops:

• inform your own supervisor
• ensure both you and the employee or contractor complete a Conflict of Interest Declaration
• management may adjust reporting lines or take other steps to ensure fairness

Staffing

If you are involved in hiring or promoting staff:

• Recuse yourself from the process if a personal relationship exists
• Notify your personal relationship by talking to your supervisor, your staffing advisor and by submitting a Conflict of Interest Declaration of your personal relationship
• Do not take part in decisions involving someone you know personally
• Do not give special treatment or deny opportunities based on personal bias

Official duties and responsibilities, including contracting

In your day-to-day work:

• avoid making decisions that could benefit or disadvantage someone you have a personal relationship with—this includes decisions related to program operations, financial awards or penalties, transfer payments, or any other exercise of responsibility
• recuse yourself if a relationship could affect your objectivity

Whether you’re retiring or taking on a new job outside the federal public service, you must protect the integrity of your work and avoid any real, apparent, or potential conflict of interest.

Post-employment obligations for all employees

Before you leave the department, you must:

• disclose any job offers outside the federal public service or future activities that could create a conflict in a Conflict of Interest Declaration (accessible to Public Services and Procurement Canada employees only)
• return all government property
• not take or use any non-public documents or information

After leaving the federal public service, you must:

• not disclose any protected, classified or confidential information obtained during your employment with PSPC or use it for personal gain, unless explicitly authorized by PSPC
• honour your oath or affirmation form PWGSC-TPSGC-518 (accessible only on the Government of Canada network)

Post-employment obligations for employees in specific positions

If you are or were in an executive (EX), EX minus 1 and EX minus 2 position or in another position subject to post-employment obligations (accessible to Public Services and Procurement Canada employees only), you must follow a one-year post-employment restriction.

Before you leave and during your one-year post-employment restriction, you must:

• complete a Conflict of Interest Declaration for all firm offers of employment or proposed activity outside the public service that could conflict with your most recent responsibilities at PSPC
• get written approval for a waiver or reduction from the designated authority before:
  • accepting employment or an appointment to a board of directors with external individuals or organizations with whom you or your employees worked with during your last year of employment at PSPC
  • representing external individuals or organizations before any government organization with which you or your employees worked with during your last year of employment at PSPC
  • providing advice to clients or any new employer based on non-public information about a government program or policy

You may request a waiver or reduction of the one-year restriction by providing necessary information to the Centre of Expertise for Values and Ethics (for example applicable circumstances, rationale for a rapid transition, etc.).

However, some limits, like using confidential information, can never be waived. Your oath of office means you are permanently bound to keep this information confidential, even after you leave the public service.

If a real, apparent or potential conflict of interest is found, you are expected to enter into an agreement with the designated authority. Otherwise, the disagreement will be resolved through the resolution procedure established by the designated authority.

For further guidance, employees should consult their supervisor and/or the Centre of Expertise for Values and Ethics.