Standard for Ethical Behaviour in Workplace Solicitations, the Acceptance of Gifts, Hospitality, and/or Other Benefits, and Large Scale Industry Events and Conferences

1. Effective Date

This Standard came into effect on June 25, 2015, following the approval of the Corporate Management Committee.

2. Application

This Standard applies to Shared Services Canada (SSC) employees.

A number of key terms have been defined and are included in the Definitions section (below) to help correctly apply this Standard.

3. Related Policy Instruments (also see References)

• Directive on Ethical Behaviour
• Standard for Ethical Behaviour in Procurement – Contracts and Contracting
• Standard for Ethical Behaviour in Workplace Solicitations, the Acceptance of Gifts, Hospitality, and/or Other Benefits, and Large Scale Industry Events and Conferences
• Policy on Conflict of Interest and Post-Employment
• Shared Services Canada’s Organizational code
• Values and Ethics Code for the Public Sector (VECPS)

4. Introduction

The practice of soliciting, giving, and receiving donations, prizes, contributions, gifts, hospitality, and/or other benefits dates back centuries and is deeply rooted in human behaviour. The fact that gifts, hospitality, and/or other benefits are offered to produce friendly relations means that employees must be particularly mindful of possible conflict of interest situations and potential repercussions, due to SSC’s mandate and visibility. Employees must also pay particular attention to solicitation activities related to fundraising.

The onus is on the SSC employee to understand the expected behaviour in these situations. This Standard provides the requirements SSC employees must follow when soliciting donations, prizes, or contributions and when accepting gifts, hospitality, and/or other benefits.

5. Requirements

NOTE: This Standard must be read in conjunction with the Directive on Ethical Behaviour and the Standard for Ethical Behaviour.

5.1 Workplace Solicitation

5.1.1 Fundraising, including the Government of Canada Workplace Charitable Campaign

Employees:

• With the exception of fundraising for officially supported activities, such as the Government of Canada Workplace Charitable Campaign, employees must not solicit gifts, hospitality, other benefits, or transfers of economic value, from a person, group, or organization in the private sector who has dealings with the government.
• When fundraising for officially supported activities, employees must ensure that they have prior written authorization from the President of SSC in order to solicit donations, prizes, or contributions in kind from external organizations or individuals.
• If an outside individual or entity, with whom SSC has past, present, or potentially future official dealings, offers a benefit to SSC, such as funding for an event or a donation of equipment, the employee must obtain the consent, in writing, of the President of SSC prior to accepting the benefits. When in doubt, contact the Values and Ethics team to discuss whether any real, apparent, or potential conflict of interest exists.
• Employees must modify or terminate any activity that is determined to have
• a real, potential, or apparent conflict of interest; or
• an obligation to the donor.

5.1.2 Personal Solicitation Activities

Employees must:

• refrain from directly or indirectly using government e-mails, phones, equipment, or property, when performing personal solicitation activities; and
• leave personal solicitation activity goods or information in the kitchen area or attached to an employee bulletin board with a note and an envelope to collect the funds/sell the goods.

5.2 Acceptance of Gifts, Hospitality, and/or Other Benefits

5.2.1 General Information Regarding Gifts, Hospitality, and Other Benefits

• Employees must not accept or solicit any gifts, hospitality, and/or other benefits (e.g. free or discounted admission to sporting and cultural events, travel, or conferences) that will:
• have a real, apparent, or potential influence on their objectivity in carrying out their official duties and responsibilities; or
• that will place them under an obligation to the donor.
• Employees must avoid the perception of inappropriate behaviour that could give rise to a real, apparent, or potential conflict of interest.

5.2.2 Obtaining Direction on Whether to Accept a Gift, Hospitality, and/or Other Benefits

• Employees must obtain authorization from their Senior Assistant Deputy Minister or the President of SSC by submitting sections D and H of the Conflict of Interest Disclosure E-Form to the Values and Ethics and Integrated Conflict Resolution Team, where it is:
• impossible to decline gifts, hospitality, or other benefits; or
• believed that there is sufficient benefit to the organization to warrant acceptance of certain types of hospitality.

Before accepting any offer, employees must take the following factors into consideration:

• the reason for the gift;
• future business dealings with the donor;
• the donor’s expectations;
• public perception;
• the image of the government or SSC;
• their role and responsibilities;
• is it within the normal standards of courtesy or protocol, or does it arise out of activities or events related to the official duties of the employee concerned; and
• the requirements found in the following:
• Values and Ethics Code for the Public Sector
• Policy on Conflict of Interest and Post-Employment

5.2.3 Accepting a Gift, Hospitality, and/or Other Benefits without the Need for Authorization

• Employees are permitted to accept a gift, hospitality, or other benefit of minimal value^{Footnote 1} without authorization from their Senior Assistant Deputy Minister, if the benefit:
• is infrequent and within the normal standards of courtesy, hospitality, or protocol;
• does not compromise or appear to compromise the integrity of
• the employee concerned, or
• his or her organization;
• arises out of activities or events related to the official duties of the employee concerned; and
• will not be perceived as being of a nature that personally benefits the employee in an inappropriate manner.
• Employees, while on duty or representing SSC, must avoid activities, such as receptions, where there is gambling or an excessive amount of alcohol is served.

5.2.4 Accepting a Gift, Hospitality, and/or Other Benefits with Authorization

• After obtaining authorization (memo, e-mail, etc.) from their Senior Assistant Deputy Minister or President, employees can only accept a gift, hospitality, and/or other benefits if it:
•  does not appear to create an apparent, potential, or real conflict of interest;
•  does not appear likely to create negative public perception;
•  does not breach any international protocol;
•  appears to benefit the Government of Canada, for example, by promoting strategic alliances with foreign governments; and
• they have completed sections D & H of the Conflict of Interest Disclosure E-Form.

5.2.5 Loyalty Programs

• Provided there are no additional costs to the Crown, employees travelling on government business (i.e., using government-approved services and products) are permitted to join loyalty programs and retain benefits offered by the travel industry for business or personal use.
• Employees using the Government of Canada fleet card are not permitted to accumulate rewards and/or reward points on their own personal loyalty cards (e.g., Air Miles, gasoline reward, etc.) or receive cash back for fuel purchases and/or repairs made using the Government of Canada fleet card.

5.3 Exhibition Areas and Trade shows at Large Scale Industry Events and Conferences

• At exhibition and trade show events where exhibitors will have their wares on display, typically with draws, ballots, and visitor tracking efforts (information gathering technique), employees must not enter their business cards or names in draws that could result in a gift or prize exceeding SSC’s minimal value^{Footnote 2}.
• If an employee’s name is drawn for a gift or prize from an exhibition or trade show participant list, the gift/prize can be accepted but the employee must document the acceptance of the gift/prize by completing sections G&H of the Conflict of Interest Disclosure E-Form. When in doubt, contact the Values and Ethics team to discuss whether any real, apparent, or potential conflict of interest exists.

NOTE: The gift/prize cannot be kept for personal use of the employee as it is the property of the Government of Canada. It will be donated to the Government of Canada Workplace Charitable Campaign (GCWCC) auction during the campaign or displayed in the workplace (i.e. boardroom, shelves, or hallways).

• Employees must approach industry events or conferences (e.g. the Government Technology Exhibition and Conference (GTEC)) with caution and must abide by the following when attending:

5.3.1 Signage

Employees must avoid any photo opportunities, physical positioning, or pairings with the corporate signs or logos of suppliers or companies that SSC does business with, where the image can give the appearance of some type of endorsement.

5.3.2 Business Networking Events

When attending business networking events, such as receptions and business ‘meet and greets’ (e.g., B2B’s and Business Chalets - booths at conferences and events), employees must:

• avoid attending any targeted business networking opportunities, where the intent is to find new business or solicit contracts, unless you have pre-arranged meetings with the SSC supplier(s);
• attend only if the products are on display for the general public, where attendees are not being directly targeted /solicited; and
• if possible, avoid sitting at “corporate sponsored” tables with signage/pre-designated/reserved seating.

5.3.3 Fees and honorariums received for speaking engagements

If an employee is offered a fee or honorarium for a speaking engagement where the employee is representing SSC or as a result of their role as a public servant or employee, the fee or honorarium must be paid to the Receiver General of Canada, no matter the amount.

6. Compliance and Consequences

Compliance with this Standard is mandatory.

A breach of the values or expected behaviours in the VECPS, SSC’s Organizational Code, SSC policy instruments (i.e., including this standard), or other relevant Government of Canada policy instruments can result in administrative and/or disciplinary measures being taken, up to and including termination of employment.

7. Impact Assessment, Audit and Evaluation, and Review

7.1 Impact Assessment

The Values and Ethics and Integrated Conflict Resolution team, or their successor, is responsible to develop, maintain, and obtain data on a set of performance and risk indicators for this Standard. The Values and Ethics and Integrated Conflict Resolution team is also responsible to use these indicators to report on efficiency, effectiveness, and relevance and inform plans towards this Standard achievement of its overarching policy instrument's defined outcomes.

7.2 Audit and Evaluation

Shared Services Canada's Departmental Audit and Evaluation Committee will perform the responsibilities outlined in subsection 8.3 of the Foundation Framework for Shared Services Canada Internal Policy Instruments based on the Risk-based Audit and Evaluation Plan.

7.3 Review

Every 3 years, or as required, Values and Ethics and Integrated Conflict Resolution team, or their successor, is responsible for the review of the content of this Standard. The result of this review may be that the content of this Standard will:

1. remain the same (i.e. no changes other than the effective date, etc.),
2. be amended, or
3. be rescinded.

This review period will commence 3 years after the effective date of this Standard.

8. Definitions

• Apparent conflict of interest: a situation where an employee has competing professional, financial and personal obligations or interests that could be perceived as interfering with his or her ability to perform official duties in a fair and objective manner.
• Benefit: material gain or circumstance from which employees can derive benefit for themselves, their family, friends or associates. The following are examples: preferential treatment with regard to employment, club membership, discounts, services provided, airline ticket upgrades, and free transportation or accommodation.
• Conduct: the action, reaction, or functioning under normal or specified circumstances.
• Employee: any person employed on an indeterminate, term or casual basis by SSC or by another department or agency but on secondment to SSC as well as a person who is employed under a program designated by the employer as a student employment program.
• Ethics: a dimension of human behaviour and thought that is guided by standards and principles of good conduct. Ethics involves a commitment to doing the perceived right thing, essentially, translating values into action (i.e., “walk the talk”).
• Gift: a voluntary and free transfer of a benefit, without valuable consideration, from a group, a person or an organization to SSC employees in connection with their official duties that does not serve officially approved purposes. In the vast majority of cases, the gift has a monetary or market value (cash, meals, tickets for cultural or sporting events, bottles of wine, jewellery, books, etc.). However, a gift may also have a non-monetary or symbolic value (such as a mug or plaque).
• Hospitality: hospitality includes, but is not limited to, refreshments (beverages and snacks), meals (breakfast, lunch and dinner), entertainment (tickets to theatre or sporting events, tours of local places of interest), accommodation, and local transportation to or from a hospitality function, room rental and incidentals (such as flowers or chocolate).
• Minimal Value: the minimal value (at SSC) of a gift, hospitality or other benefit is $25.00 or less, such as low-cost promotional objects (pens, mugs etc.) and souvenirs with no cash value.
• Potential conflict of interest: a situation where an employee has competing professional, financial and personal obligations or interests that could interfere with his or her ability to perform official duties in a fair and objective manner.
• Real conflict of interest: a situation where an employee has competing professional, financial and personal obligations or interests that interfere with his or her ability to perform official duties in a fair and objective manner.
• Values: deeply rooted beliefs that influence our opinions, attitudes, actions and the choices and decisions we make.

9. References

This Standard is based on the authorities set out in the following legislation:

Legislation

• Criminal Code
• Public Servants Disclosure Protection Act

This Standard must be administered and implemented in conjunction with the following policy instruments:

Shared Services Canada policy instruments

• Directive on Ethical Behaviour
• Standard for Ethical Behaviour in Information Security
• Standard for Ethical Behaviour in Procurement – Contracts and Contracting
• Organizational code
• Policy on Internal Disclosure of Wrongdoing
• Foundation Framework for Shared Services Canada Internal Policy Instruments

Treasury Board of Canada policy instruments

• Guide to Fleet Management, Chapter 1: Light-Duty Vehicles
• Policy on Conflict of Interest and Post-Employment
• Values and Ethics Code for the Public Sector (VECPS)

National Joint Council policy instruments

• Travel Directive

10. Enquiries

Questions about this Standard can be forwarded by email to: SPCValeursEthiques.SSCValuesEthics@ssc-spc.gc.ca.

Appendix A