Annex A: Duties and obligations

Employees

An employee or public servant is a person employed in the core public administration and by the organizations that make up the core public administration as defined in section 11 of the Financial Administration Act. This includes indeterminate and term employees, employees on leave without pay, students participating in Student Employment Programs, casual, seasonal, and part-time workers.

Although individuals on incoming Build Canada Exchange assignments may not be employees, they are expected to comply with the requirements of the Directive on Conflict of Interest. Volunteers are also expected to respect these requirements. Order-in-Council appointees, such as Deputy Ministers, are subject to the Conflict of Interest Act, and are not subject to the Directive on Conflict of Interest.

Employees are expected to abide by this Code and demonstrate the values of the Department as well as the core competencies of the public sector in their actions and behaviour.

As provided by section 12 and subsection 13(1) of the Public Servants Disclosure Protection Act (PSDPA), if employees have information that could indicate wrongdoing as defined by the PSDPA, they can bring this matter, in confidence and without fear of reprisal, to the attention of their immediate supervisor, the Senior Officer for Internal Disclosure of wrongdoing or the Public Sector Integrity Commissioner.

Every employee is responsible for regularly reviewing the Code – at least once a year and more often if their circumstances change (e.g. when changing positions or undertaking a new activity) – and to be familiar with their duties and obligations.

Managers

Employees who are also managers are in a position of influence and authority that gives them a particular responsibility to exemplify the values of the public sector and the Department. Managers are expected to:

Deputy Minister

The Deputy Minister has specific responsibilities under the PSDPA, including establishing a code of conduct for the Department and an overall responsibility for fostering a positive culture of values and ethics. The Deputy Minister ensures that employees are aware of their obligations under this Code. The Deputy Minister also ensures that employees can obtain appropriate advice within the Department on ethical issues, including possible conflicts of interest.

The Deputy Minister ensures that this Code and the internal disclosure procedures are implemented effectively within the Department, and that they are regularly monitored and evaluated.

The Deputy Minister is responsible for ensuring the non-partisan provision of programs and services by the Department.

The Deputy Minister is subject to the Values and Ethics Code for the Public Sector and to the Conflict of Interest Act.

Delegated authority under the Code

The Deputy Minister has delegated responsibility for overseeing activities relating to values and ethics at the Department to the Senior Director of the Organizational Health and Employee Relations Division, who in turn supports the Deputy Minister by playing a central role in leading the Department in matters of values and ethics.

In particular, the Senior Director is responsible for managing the office responsible for values and ethics and, in accordance with the authority delegated to them, for reviewing and dealing with requests for advice and submissions related to conflict of interest and post-employment on behalf of the Deputy Minister.

Office responsible for values and ethics

The Values and Ethics Office, within the Human Resources Branch is responsible for values and ethics. It supports the Deputy Minister, the Senior Director of the Organizational Health and Employee Relations Division, managers and all Department employees. It is responsible for:

Senior Officer for Internal Disclosure of wrongdoing

The Senior Officer for Internal Disclosure of wrongdoing (SOID) helps promote a positive environment for disclosing wrongdoing and deals with disclosures of wrongdoing made by employees in the Department. They are responsible for supporting the Deputy Minister in meeting the requirements of the Public Servants Disclosure Protection Act (PSDPA).

The SOID’s duties and powers also include the following, in accordance with the internal disclosure procedures established under the PSDPA:

  1. providing information, advice, and guidance to employees regarding the Department’s internal disclosure procedures, including the making of disclosures, the conduct of investigations into disclosures, and the handling of disclosures made to supervisors
  2. receiving and recording disclosures and reviewing them to establish whether there are sufficient grounds for further action under the PSDPA
  3. managing investigations into disclosures, including determining whether to deal with a disclosure under the PSDPA, initiating an investigation or ceasing an investigation
  4. coordinating the handling of a disclosure with the senior officer of another federal public sector organization, if a disclosure or an investigation into a disclosure involves that other organization
  5. notifying the person(s) who made a disclosure in writing of the outcome of any review or investigation into the disclosure and on the status of actions taken on the disclosure, as appropriate
  6. reporting the findings of investigations, as well as any systemic problems that may have given rise to wrongdoing, directly to the Deputy Minister, with recommendations for corrective action, if any

Treasury Board of Canada Secretariat – Office of the Chief Human Resources Officer

In support of the Treasury Board President’s responsibilities under section 4 of the PSDPA, the Office of the Chief Human Resources Officer (OCHRO) is responsible for promoting ethical practices in the public sector. The OCHRO will work with all relevant partner organizations to implement and promote the Values and Ethics Code for the Public Sector (VECPS) and will provide advice to Deputy Ministers and designated departmental officials with respect to its interpretation.

The Chief Human Resources Officer may issue directives, standards and guidelines related to the VECPS, such as the Policy on People Managementand the Directive on Conflict of Interest.

The OCHRO will monitor the implementation of the VECPS in organizations with a view to assessing whether the stated objectives have been achieved.

Public Service Commission

In accordance with the Public Service Employment Act, the Public Service Commission is responsible for conducting staffing investigations and audits to safeguard the integrity of the public service staffing system. It is also responsible for administering certain provisions related to political activities to maintain the non-partisanship of the public service. This includes approving political candidacy requests at the municipal, provincial, territorial, and federal levels. It also supports the Department’s Designated Political Activities Representative.

Designated Political Activities Representative

The Department’s Designated Political Activities Representative (DPAR) is responsible for providing advice and guidance to employees in the Department who wish to engage in non-candidacy political activities. They also support employees, managers and the Public Service Commission with the process related to political candidacy requests.

Although some questions about lower-risk activities may be solely addressed through advice, there may also be instances where it will be necessary to obtain a formal conflict of interest determination for non-candidacy related political activities at the discretion of the DPAR. Candidacy requests are under the sole jurisdiction of the Public Service Commission and are not subject to the conflict of interest process.