Canada Border Services Agency Code of Conduct

Chapter 1: Values and Expected Standards of Conduct

Our Mandate

The agency is responsible for providing integrated border services that support national security and public safety priorities, facilitating the free flow of persons and goods, including animals and plants, that meet all requirements under the program legislation. This mandate is reflected in CBSA's motto: Protection, Service, and Integrity.

Mission

The Canada Border Services Agency works to ensure Canada's security and prosperity by managing the access of people and goods to and from Canada.

Vision

An integrated border agency that is recognized for service excellence in ensuring Canada's security and prosperity.

The Role of the President and the Executive Vice-President

The President and Executive Vice-President are responsible for preserving public trust and confidence in the integrity of management and operations within public sector organizations, and for respecting the tradition of a professional non-partisan federal public sector. Furthermore, they play a critical role in the ability of public servants to provide professional and frank advice and holding them accountable for their job performance.

The Role of Federal Public Servants

Federal public servants have a fundamental role to play in serving Canadians, their communities, and the public interest under the direction of the elected government and in accordance with the law. As dedicated professionals whose work is essential to Canada's well-being and the enduring strength of the Canadian democracy, public servants uphold the public trust.

The Constitution of Canada and the principles of responsible government provide the foundation for the roles, responsibilities and values of the federal public sector. Constitutional conventions of ministerial responsibility prescribe the appropriate relationships among ministers, parliamentarians, public servants and the public. A professional and non-partisan federal public sector is integral to our democracy.

The term "employees" refers to individuals who are indeterminate, part-time, term, casual, on leave without pay, students, persons working for our agency by means of a secondment/assignment or through an Interchange Canada agreement, and new recruits. The CBSA Code of Conduct (hereafter, the Code) applies to all persons employed by the CBSA. Contractors, service providers, and collaborators must also respect the spirit and intentions of the Code.

Our Workforce

We work with vigilance at the border, within Canada and abroad, providing the services necessary to help keep our nation safe and prosperous. Together we are proud to protect and serve Canadians, and confident in our ability to meet new challenges. United in our resolve to carry out our mandate, we enforce the laws of Canada with impartiality and fairness. As leaders and innovators in border management, we value our strong domestic and international partnerships and are dedicated to work together on critical safety, security, and trade issues.

We rise to the challenges we face each day, and take pride in knowing that the work we do makes a difference in the lives of Canadians while contributing to global security and commerce.

A. Our Values

The Code has been developed to align with the Values and Ethics Code for the Public Sector and its five values that guide public servants in everything we do:

• Respect for Democracy;
• Respect for People;
• Integrity;
• Stewardship; and
• Excellence.

Values are a compass that provide us with direction and insight. They cannot be considered in isolation from each other as they will often overlap. We are expected to integrate these values into our decisions, actions, policies, processes, systems, and our interactions with others. Similarly, we can expect to be treated in accordance with these values by our colleagues. Together, they promote an organizational culture defined by psychological safety, knowing that we have a shared purpose and mutual respect. All employees are encouraged to have honest conversations about values and ethics, and to respectfully make space for diverse perspectives.

The Code provides a brief description of each value, highlights key features of these values and how they apply within the CBSA culture and operations, discusses expected behaviours and examples of their violation, and recommends additional resources that can be consulted. Our values support us on our path through ever-changing terrain and shape our future as we adapt and evolve to ensure that the services we provide remain relevant and real for Canadians.

B. Accountability and Professional Conduct

All CBSA employees must demonstrate personal and professional accountability in their workplace conduct. Whether uniformed or non-uniformed, armed or unarmed, as CBSA employees we are responsible for acting at all times in such a way as to uphold the public interest and for exhibiting conduct in keeping with the Values and Ethics Code for the Public Sector and the Code. These codes, along with the Directive on Conflict of Interest (the Directive), collectively form a part of our terms and conditions of employment.

We recognize that CBSA's policies, standards, procedures and practices provide the boundaries within which we demonstrate professional conduct with respect and integrity. Additionally, we ensure that our conduct does not violate the Criminal Code, the CBSA Act, or any of the laws, rules and regulations administered by the agency. As professionals, we protect the agency's reputation and its internal and external stakeholder and law enforcement partner relationships in our decisions and actions. We understand that an action or inaction on our part that is not in keeping with these laws, rules and regulations, the codes, and the Directive may be considered misconduct and may entail CBSA disciplinary measures up to and including termination of employment.

For more guidance, consult Chapter 4: Disciplinary Measures and Resolutions of Issues Pertaining to the Code of Conduct.

All employees are expected to take reasonable steps, where possible and where there is no personal risk, to address behaviour that is not in keeping with the spirit or intent of the Codeand/or the Directive. Examples of such steps include:

• Reminding colleagues of their obligations under the Codeand the Directive;
• Seek to resolve conflicts informally through Informal Conflict Management System whenever possible;
• Exploring options with the Office of Values and Ethics (ove_nice-bve_ceni@cbsa-asfc.gc.ca); and
• Reporting behaviour(s) and decision(s) to our manager or other appropriate parties within CBSA or the public sector.

At the CBSA, we must all address acts of inappropriate behaviour. We are all responsible for an ethical workplace. Senior leadership must act as advocates for, and models of, ethical behaviour. Employees must make value-informed decisions. If employees have any doubts or require clarification about misconduct or inappropriate behaviour, they should bring them forward to their manager. If an employee does not feel comfortable, or they believe that it is not possible to address the issue(s) directly to their manager due to a conflict, they should contact the National Integrity Centre of Expertise (cbsa.integrity-integrite.asfc@cbsa-asfc.gc.ca), their union representative, or the Professional Integrity Division.

CBSA encourages openness and transparency in research conducted within the organization as well as in collaborations with external stakeholders. All CBSA employees must comply with the CBSA Scientific Integrity Policy and must report research misconduct to the CBSA's designated official for scientific integrity within the Science and Engineering Directorate. Research misconduct includes, but is not limited to, fabrication, falsification, destruction, or misrepresentation of data.

Managers must ensure that all employees under their responsibility are familiar with the contents of the Values and Ethics Code for the Public Sector, the Directive on Conflict of Interest (the Directive) and the Code, and that they are informed that the codes and the Directive are a part of each employee's terms and conditions of employment. They are also accountable for consistently addressing inappropriate behaviour in a timely manner and applying reasonable measures to address breaches of either the codes and/or the Directive. When a manager receives a report of an incident of serious misconduct (examples of which can be found throughout the Code), they should promptly refer cases of serious misconduct so that they can be addressed, and senior management is made aware and can appropriately respond to emerging trends. In cases where a prompt response is not possible, the extenuating circumstances should be provided.

When we have reasonable grounds to believe that a public servant has committed or is about to commit a wrongdoing in the workplace (see Chapter 3, under Section 8 of the Public Servants Disclosure Protection Act), we have three options to disclose this information:

• We can talk to our manager;
• We can disclose to the Senior Officer for Internal Disclosure (cbsa-asfcdisclosuresoffice.bureaudedivulgation@cbsa-asfc.gc.ca) (613-954-3604); or
• We can disclose to the Public Sector Integrity Commissioner.

Our identity will be protected, and we will be afforded protection against reprisal when we make use of any of these three options.

It is important to clarify that employees who are Employee Assistance Program (EAP) Peer Support Agents must not report information that has been shared related to a potential misconduct and are also exempt from reporting serious misconduct (actual or potential) unless:

• There is a significant and imminent risk of harm to self or other individuals, such as suicide or homicide;
• There is a suspected case of child abuse or neglect; or
• When the disclosure of the information is required by law.

EAP Peer Support Agents must remind the employee who mention being involved in a serious misconduct (actual or potential) that employees are required, as per the Code, to report serious misconduct and shall strongly recommend that the employee does so either by reporting it to a manager or by making a protected disclosure to the Senior Officer for Internal Disclosure. The fact that the information was shared with an EAP Peer Support Agent does not constitute a report.

All CBSA employees, regardless of group or level, must respect the limits of confidentiality related to the role of the EAP Peer Support Agent as well as the obligations of an EAP Peer Support Agents related to the exceptions listed above. Employees shall not seek to obtain information shared by a third party with an EAP Peer Support Agent or request disclosure of this information verbally or in writing.

Additional Resources

• Chapter 3: Disclosure of Wrongdoing
• Professional Integrity Division

C. Leadership Conduct

CBSA employees at all levels are leaders and must foster an environment that promotes ethical decision making and raising concerns without fear of judgment or reprisal. One of the most important features of the Leaders' Profile is the ability to address issues of values and ethics. We must act as ethical models for others both on and off-duty. Ethical leadership requires that we explore, understand, and render ethical judgments in all situations before acting by:

• Identifying our roles and responsibilities within a situation;
• Identifying who is in an appropriate position to respond, and how we can participate;
• Considering the health, safety, and security of ourselves and our colleagues; and
• Recognizing that the agency, in its accountability to the Government of Canada, ensures the security and prosperity of Canadians through our collective decisions and actions.

Employees at all levels must model the expected standards of behaviour outlined in the Code. All employees should:

• Maintain open, positive communications and working relationships with others;
• Recognize and support the contributions of other employees and recruits; and
• Foster learning by being approachable and offering advice and guidance, when appropriate.

D. Expected Standards of Conduct

Guided by our CBSA values, the Code describes in detail the minimum expected standards of conduct to be followed by all CBSA employees. Every employee is required to become familiar with the expected standards of conduct, understand their meaning, seek guidance when required, and make judgments on the possible immediate, short, and long-term consequences of their actions before deciding how to act. Guidance can be sought from experienced colleagues, managers, or from the Office of Values and Ethics. Additional resources are posted on Atlas, which includes the CBSA Model for Integrity-Based Decision Making; a comprehensive tool available to support all employees who need to make the best decision possible when facing an ethical dilemma.

The expected standards of conduct will naturally evolve over time in keeping with new developments and changes to the services that the CBSA provides as well as the values of Canadian society. CBSA employees should strive to exceed these standards whenever possible by identifying opportunities to improve upon the delivery of services. Senior management should recognize and encourage these exceptional contributions to promote an environment of integrity. We must also acknowledge that the greater the visibility of our position, the greater our responsibility is to ensure that we embody the values of the public sector and the CBSA.

At the CBSA, these standards relate to our basic obligations to our employer, the use and management of CBSA resources, the respect we must demonstrate to travelers, clients, and co-workers, and a consideration of how our off-duty activities reflect on the CBSA, our colleagues, and Canadian society.

1. Terms and Conditions of Employment

Our CBSA values remind us of our obligation to observe the terms and conditions of our employment, as well as those set out in Treasury Board Secretariat and CBSA policies, and the values of Canadians.

As professionals, we demonstrate integrity by complying with the work hours and rest periods prescribed in our collective agreement. This includes being ready and able to work at the start of our work period, remaining on duty or at work until we are relieved or when we reach the end of our scheduled hours, and being accountable to our colleagues, clients and stakeholders.

We follow established procedures when requesting a change in our regular work schedule (e.g. leave request, early departure, or change in our break or meal periods). We use sick leave only for its intended purpose.

2. Duty of Loyalty

Although the Code sets out expected standards of conduct for all employees at the CBSA, they are not all-inclusive. In consideration of our values of Respect for Democracy and Integrity, we acknowledge our duty of loyalty to support the democratic institutions of Canada and the Government of Canada. For example, as professionals we:

• Have a duty to refrain from public criticism of the Government of Canada in order to ensure that the Public Service is perceived to be impartial;
• Consider our role within the CBSA and its visibility when making public statements, and
• Consider the substance, context, and form of our comments whether it is directly or indirectly related to the job or department in which the public servant is employed.

Falling short of any of these duties may reflect professional negligence and will not be tolerated. For factors that determine exceptions to the duty of loyalty, please review the Treasury Board Secretariat Website.

3. Safety and Security

Our CBSA values of Integrity and Stewardship are directly related to safety and security in the workplace and we are expected to competently observe safety and security standards, and the rules and procedures established for the use of equipment while on the job.

We promptly report to our manager when there is a threat or any work-related hazard, accident, or injury to ourselves, other employees, travelers or clients.

Immediately notify your manager, security officer, or other appropriate personnel if you become aware of:

• A security infraction;
• A negligent or criminal act;
• An unsafe or hazardous condition at work;
• An accident or injury to yourself or within the workplace; or
• A failure on the part of any employee to observe workplace safety and security standards, rules and procedures.

Safety issues can include the effects of a psychological trauma, allergies, or sensitivities to food or scents.

Additional Resources

• Canada Labour Code
• Canada Occupational Health and Safety Regulations

4. Incivility, Discrimination, Harassment and Violence

Our CBSA value of Respect for People encompasses all that we do to value the inherent dignity of all people. We must be aware that what constitutes respectful or disrespectful behaviour can be quite subjective. In order to avoid incivility, we must make efforts to understand others' beliefs and perspectives. We show respect by never engaging in discrimination, harassment or violent behaviour.

Our CBSA value of Respect for Democracy also requires that we follow appropriate legislation. The Canada Labour Code defines harassment and violence under subsection 122(1) as "any action, conduct or comment, including of a sexual nature that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment." A non-exhaustive list of examples of harassment and violence can be found on the Requirements for employers to prevent harassment and violence in federally regulated workplaces website.

Discrimination involves treating someone differently or unfairly because of a personal characteristic or distinction which, whether intentional or not, has an effect which imposes disadvantages not imposed upon others, or which withholds or limits access to other members of society. There are thirteen prohibited grounds for discrimination under the Canadian Human Rights Act: race; national or ethnic origin; colour; religion; age; sex; sexual orientation; gender identity or expression; marital status; family status; genetic characteristics; disability; and pardoned conviction or record suspension.

Everyone is entitled to work in an environment free from discrimination, harassment and violence. These factors affect workplace and individual well-being and we acknowledge that they will not be tolerated. We accept our responsibility to treat fellow employees with fairness, respect and dignity, and we work with management to help foster a workplace that is safe and healthy.

We do not engage in any discrimination, harassment or violent behaviour, through our actions or inaction that could harm an employee's working relationships, job security or general well-being at work. This includes discrimination, harassment and violence of CBSA employees that might happen outside the workplace or outside working hours including activities on social media.

Discrimination, harassment and violence are serious matters. The filing of frivolous claims made with malicious intent can damage an employee's reputation and cause them emotional harm. We recognize that this is unacceptable and therefore we make every effort to resolve the situation or conflict as soon as possible, in a fair and respectful manner, before resorting to the complaint process.

Employees subjected to harassment or violence, or who witness someone being subjected to harassment or violence are encouraged to notify their manager. Employees may also reach out to the National Integrity Centre of Expertise for guidance on options available.

CBSA employees might also have reasonable disagreements about what constitutes respectful behaviour. Incivility reflects ambiguous behaviours that are neither respectful nor intentionally disrespectful. These behaviours require a consideration of the social context and the expectations of stakeholders. Examples include failing to pay attention to others when appropriate, greeting others with respect, answering a phone, or texting or eating during a meeting. Perceptions of incivility can arise from differences in personal experience, values, and beliefs. We must make efforts to communicate and address our concerns in an informal manner in order to resolve potential conflicts. Should employees need assistance addressing uncivil behaviour, they can seek support from the Informal Conflict Management System.

5. Unions and Similar Employee Associations

The CBSA respects the right of employees to belong to employee organizations (unions) and to take part in their legal activities. Before participating in any union or employee association activity, we refer to our collective agreement to ensure it is not an illegal strike activity or job action.

6. Appearance and Hygiene

Our CBSA value of Respect for People includes self-respect and respect for others that require that we maintain good hygiene practices and are mindful of how our hygiene practices affect others. All employees must respect others by using fragrances sparingly bearing in mind the environmental sensitivities.

Our CBSA value of Integrity includes how we present ourselves to clients, stakeholders, the public, and our colleagues inside and outside the CBSA, including law enforcement partners. Our appearance and dress reflect the professional image of the CBSA and the public service.

The CBSA Uniform Policy and Standards of Appearance outlines a very high standard of dress and appearance for our uniformed staff. It describes appearance standards consistent with the operational needs of the agency and the expectations of the Canadian public while also respecting the cultural identity and gender expression of employees.

For non-uniformed staff, our professional dress and appearance depend upon the duties we perform and are especially important when we are serving the public. As a result we maintain a professional appearance in the workplace. For any questions related to professional dress and appearance, you may seek guidance from your manager.

Managers are responsible for communicating the importance of appearance and hygiene as a component of professionalism in the workplace. From time to time, managers may need to clarify and provide guidance on what is considered appropriate (or not appropriate) dress in the workplace given employees' responsibilities (e.g. specific job duties, level of interaction with the public, etc.).

7. Care and Use of Government Property and Assets

Our CBSA value of Stewardship encompasses our effective and efficient use of the agency's property and assets when conducting official duties. As professionals we demonstrate this value using government property and assets only in our official duties and never for personal gain or use.

We seek authorization from management before we use property, equipment, materials, etc. purchased, used or leased by the agency for reasons other than official purposes. This includes, but is not restricted to:

• Vehicles;
• Buildings, space, premises and facilities;
• Uniforms;
• Files, documents, office equipment and supplies;
• Computers, software, video equipment and telecommunications devices such as smart phones;
• Government credit cards, telephone calling cards;
• Defensive equipment like pepper spray, handcuffs, batons and duty firearms.

We account for and protect any and all government property and assets that we possess or control. If any item is lost, stolen or damaged, we immediately report the incident to our manager.

When on travel status and we are pre-approved to use an agency-owned or leased vehicle, the vehicle may be used for other work-related activities such as stopping for meals, grocery shopping, banking, etc. Note that employees cannot use the vehicle to transport non-business related travelers as there are insurance implications.

Additional Resources

• Finance Volume
• National Joint Council Travel Directive – Part II – Insurance

7.1. Badges, Official Identification and Officer or Office Stamps

As professionals, we understand that badges, official identification, officer or office stamps or other security documentation have been issued to assist and identify CBSA employees in the performance of their duties. Therefore, we use them only for the purposes for which they were intended. We display a government identification card when we are on government premises and when we are asked to identify ourselves as a government representative.

We do not use our job title, official identification, badge or any other official document or identifier (whether on or off-duty, personally or professionally, or when engaging in social media activities) for a purpose that is illegal, improper or against the best interests of the CBSA.

We never use a colleague's official identification, badge, stamp, user identification number or password. We do not use any of our agency identification to obtain or appear to obtain any privilege or favour for ourselves or others. Exceptions include agency-approved commercial organization discounts (e.g. fitness memberships, or other discounts that are authorized by our manager).

In the event that a badge, stamp or official identification is lost, stolen, or damaged, we immediately report the occurrence to our manager and file a security incident report. Also, if we are temporarily or permanently reassigned and our new functions do not require the use of a badge, stamp or official identification, we return them to our manager.

Additional Resources

• Guidelines for Identification (ID) Cards
• CBSA Uniform Policy and Standards of Appearance

7.2. Intellectual Property

Anything we create, design, develop or produce as part of our job, even if we or any other person have improved or modified it outside working hours, is the property of the CBSA and the Government of Canada. We therefore cannot market or sell any of this property. We recognize that the Copyright Act protects the CBSA identifiers (such as badges, insignia, branding images etc.) from illegitimate use, trade and sale.

Additional Resources

• Public Servants Inventions Act
• Directive on the Use of the CBSA Brand: Corporate Identity

7.3. Returning Property and Assets When Reassigned or Leaving the Job

We will return all government property and assets received as part of our duties when we leave our position or if we are temporarily reassigned, or when requested by a proper authority.

8. Electronic Network Access and Uses

Our CBSA value of Stewardship includes the manner in which we use the tools of our trade including computerized systems, equipment and software. As professionals we make every effort to protect the CBSA from any possible threats to security by:

• Guarding against accidental or deliberate destruction of data and equipment; disclosure of sensitive information, access identification and system passwords; theft and corruption; and exposure to viruses;
• Following the CBSA's policies and procedures regarding the access restrictions to data banks including computer-based detection systems and the posting of information;
• Following the CBSA's policies and procedures regarding the purchase and use of software and other systems, including complying with security restrictions; and
• Reporting any breach of computer security, policies and standards to your manager.

As professionals, we recognize that the CBSA's computer systems and those of external agencies accessed via the CBSA's network, software, equipment, networks, Internet, intranet, e-mail, smart phones, tablets and any other electronic devices are used only for authorized business purposes.

We limit personal use of the Internet, intranet and e-mail and comply with all related legislation, policies and guidelines. We ensure that our personal use does not affect our productivity or that of our colleagues, and imposes no storage burden on the CBSA computer systems. Examples of acceptable limited personal use include professional activities, career development, or reading or writing brief e-mails after hours or during break periods.

In compliance with the Criminal Code, authorized officers may access restricted sites when conducting authorized investigations or intelligence probes or when researching and developing CBSA-sanctioned training material.

Additional Resources

• Policy on Service and Digital
• Directive on Service and Digital
• Guidance on the use of electronic resources

9. Confidentiality and Disclosure of Information

Our CBSA value of Stewardship includes our role as custodians of government resources. As professionals, we acquire information, preserve it and share it only when authorized to do so.

We are legally obliged to protect the privacy of individuals and our commercial clients' business information. In doing so, we comply with section 107 of the Customs Act and section 8 of the Privacy Act in the collection, use, sharing, storage, disclosure, distribution and disposal of any personal information pertaining to individuals or commercial information pertaining to businesses.

We keep in strict confidence all information that we obtain about CBSA's clients and all other official information including policies, programs, practices and procedures to which the public does not have official access. We disclose this type of information to clients or designated representatives only if specifically authorized by legislative or agency guidelines. We are especially vigilant when engaging in social media activities. For more guidance, consult Section 15. Social Media.

We do not destroy, alter, falsify or conceal a record, or direct anyone to do so, with the intent of obstructing the right of access set out in section 67.1 of the Access to Information Act.

Our CBSA value of Stewardship encompasses the obligation to avoid inappropriate use of official information for personal purposes, for gain or financial benefit for ourselves or others, or to put others at a disadvantage. We access official information only if it is required to perform our duties and we are authorized to do so. We safeguard official information and use, process, store and handle designated or classified information only for purposes specified by the CBSA. We do not remove, hide, change, mutilate, copy or destroy any official information.

When leaving employment, we cannot take with us or retain any CBSA records or documents, including paper documents, CDs, USBs, external hard drives, emails, videos, files from cloud servers, etc. These include, but are not limited to, training materials and any third-party information obtained during the performance of your duties.

When we are in doubt about how to treat specific information, we seek guidance from management or one of a number of available resources.

Additional Resources

• Access to Information and Privacy (ATIP) Reference Manual
• Information Sharing Toolkit
• Privacy Code of Principles
• Security Handbook
• Managing information

9.1. Providing Information or Testimony

We cooperate and participate in investigations including those conducted by Security and Professional Standards, a management led investigation, a Health and Safety Officer, or a Senior Officer for Internal Disclosure who is carrying out their duties under the Public Servants Disclosure Protection Act.

We speak with candour if we are called upon to provide information and we provide complete access to the CBSA information systems, documents and records to the extent that such access is legally permitted.

We recognize that we are required to give testimony as requested by the Crown in cases enforcing program legislation and where our managers have authorized our participation. In doing so, we are honest and truthful.

Should we be asked to assist in provincial or foreign authority investigations, managers should be consulted prior to participating to ensure an understanding of the extent of the assistance that can be provided.

Employees are urged to participate in an investigation to ensure that a complete and accurate representation of what transpired is provided. The refusal to participate in an investigation can be seen as hindering, to a significant degree, the investigation process.

10. Contact with the Public

All of our CBSA values direct, and provide insight into, our conduct with members of the public. As CBSA employees we demonstrate these values in a number of ways, such as:

• Providing quality service that is fair, accurate, accessible, efficient, timely and respectful of Canada's official languages;
• Continually striving to achieve service excellence;
• Communicating with the public, at all times, in a respectful manner including on social media fora and when using electronic communication devices;
• Never engaging in discriminatory or harassing behaviour;
• Reporting any discriminatory or harassing behaviour we observe; and
• Never making abusive, derisive, threatening, insulting, offensive or provocative statements or gestures to or about another person.

Working with the public occasionally involves dealing with difficult people. Clients' actions may sometimes be disrespectful, abusive, or threatening. They may even result in personal assault. If there is a need to resort to use of reasonable force, we do so in accordance with the CBSA's training procedures and policies.

We must promptly report the full details of any incident to our manager and cooperate in any subsequent investigation. The CBSA may provide us with protection, support and assistance in accordance with the Policy on Legal Assistance and Indemnification. This policy provides for both indemnification and legal assistance with respect to liability arising from circumstances in which we:

• Acted in good faith;
• Did not act against the interests of the Crown; and
• Acted within the scope of our duties or course of employment with respect to the acts or omissions giving rise to the request, i.e. request for legal assistance and indemnification.

Additional Resources

• Our Service Commitment
• Reporting inappropriate behaviour

11. Use of Personal Electronic Devices at Work

Our CBSA values of Integrity and Stewardship guide our behaviour at work so that we remain productive and avoid distracting or interfering with the work of others. It also includes being constantly aware of the potential for security breaches.

As CBSA employees working at a ports of entry, and in any other CBSA offices where service to the public is provided, we do not use any personal electronic communication devices while performing our official duties.

As CBSA employees not directly serving the public, we minimize our use of personal electronic devices while we are performing our duties. If we are in doubt as to what is appropriate use, we consult and seek direction from our manager.

Personal electronic devices include but are not limited to:

• Smart phones;
• Laptops;
• Bluetooth devices, such as headphones, speakers, fitness trackers, dash cameras, etc.;
• Recording devices.

Additional Resources

• Policy on Service and Digital
• Directive on Service and Digital
• Guidance on the use of electronic resources

12. Consumption of Intoxicants, Illegal Drugs, and Smoking

Our CBSA value of Integrity entails being ready and able to provide service excellence in a secure and safe work environment. Our CBSA value of Respect for Democracy requires that we value and act within the rule of law. Our CBSA value of Respect for People requires that we respect the physical and mental health of ourselves, our co-workers, clients, and travelers.

As professionals, we never report to work impaired or under the influence of an intoxicant. Intoxicants are defined as any substance that may affect an individual's ability to perform their duties safely and productively. Intoxicants include alcohol, cannabis, cannabis products, or any drugs – illicit or legal – where their usage has the potential to adversely affect the way a person thinks, feels, and acts.

We never use or are never found to be in possession of (except in relation to the performance of our duties) illegal drugs while on or off-duty.

We recognize that, on occasion, consumption of alcohol may take place on CBSA premises in connection with the celebration of special events. Such activities must be authorized by senior management and may only take place in areas closed to the public. Impairment due to consumption of intoxicants is not tolerated.

If we smoke tobacco or consume vaping products, we do so only during rest periods and not on duty, not in any CBSA owned or leased vehicle in or near any building where the CBSA conducts its business.

Additional Resources

• Policy on the Use of Intoxicants
• Policy on the Use of Intoxicants Questions and Answers
• Employee Assistance Program

13. Financial Matters

Our CBSA value of Integrity requires us to separate our personal financial affairs from the handling of official financial matters.

13.1. Borrowing or Lending Money

In order to avoid inappropriate situations that might arise resulting from financial exchanges, we do not:

• Borrow money or incur financial obligations from a client;
• Present a personal cheque to be cashed by a client; or
• Ask any employee to, or offer to, sign a financial instrument as an endorser or co-signer, to secure an amount of money being lent or borrowed, unless that employee is a relative or a common-law partner.

13.2. Care of Money, Credit Cards and Items Having a Financial Value

We follow established procedures and reasonable standards of care in accounting for, safeguarding and using government money, credit cards and any type of item having a financial value (e.g. taxi chits, smart phones, laptops, etc.) in our possession or control.

We immediately report to our manager if government monies, credit cards or any type of item with a financial value is misplaced, lost or stolen while in our care.

13.3. Endorsing Cheques

We do not endorse cheques, either personal or business, made payable to "cash" issued by customs-house brokers, importers or their agents. Endorsing such a cheque may contribute to a possible misappropriation of business funds.

13.4. Illicit Gambling

We do not gamble on CBSA premises on or off-duty.

Additionally, the Treasury Board Secretariat Policy on Services and Digital and Directive on Services and Digital prohibits the use of computer systems and electronic networks for the purpose of illicit gambling.

13.5. Legal Provisions and Fraud

We comply with all legal provisions governing financial matters and safeguard against any potential situations of fraud or inappropriate use of funds as stated in the Financial Administration Act, the Criminal Code and the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.

We immediately report to our manager if we have knowledge or awareness of any violation or fraud.

14. Public Comments and Criticisms

Our CBSA value of Respect for Democracy encompasses our duty of loyalty to our agency and the Government of Canada. We act respectfully by discussing issues, problems, or matters internally and not in public fora. Once a decision has been taken, we support it and follow through.

When balancing our right to freedom of expression with the importance of duty of loyalty to our employer and impartiality of the public service, we should consider the following:

• The nature of our official duties;
• The visibility of our position within the agency and the public service;
• The object of the criticism or public statements (i.e. is it critical of a policy, direction or program of CBSA or of another department?); and
• The impact of our action and/or criticism (i.e. could it put into question our impartiality or objectivity as a CBSA employee or as a public servant?).

14.1. Publicly Commenting on behalf of the CBSA

We acknowledge that only authorized spokespersons can issue statements or make comments about the CBSA's position on any given subject. We take caution when making comments in public spaces (including social media fora; refer to section 15 below) when referencing the CBSA, so as not to be misconstrued as representing an agency position. If we are asked for the CBSA's position on an issue by the media (including but not restricted to podcast, news outlets, etc.), we refer all enquiries to Media relations: CBSA.

14.2. Public Criticism of the CBSA and/or the Government of Canada

We refrain from making public criticisms of the CBSA and/or the Government of Canada including posting critical comments on social media fora. We know that the duty of loyalty is not absolute and public criticism may be justified in certain limited circumstances. However, CBSA employees must exercise caution to ensure that their public statements do not:

• Undermine or compromise the integrity or security of the CBSA operations, its employees or national security;
• Impair or conflict with their ability to carry out their duties;
• Call into question their impartiality in carrying out their duties; and
• Impair the ability of the CBSA to carry out its mandate.

When considering the compatibility of a public statement with our role as a CBSA employee, we must consider a number of factors related to the message in terms of:

• The substance: the content of the public statement, including the degree to which a statement can be proven or whether the statement reflects a policy disagreement;
• The form: whether the statement is made in a restrained, uncivil, or malicious manner; and
• The context: the frequency with which a statement is made, the fora in which the statement is made, whether we have attempted to ascertain all of the facts of a situation, and whether we have followed appropriate procedures in addressing the matter internally.

We must also consider the visibility of our position as a CBSA employee. This includes both our level as well as the role we play at the CBSA.

If in doubt, you are strongly encouraged to discuss the matter with your manager or other appropriate party within the CBSA. You should use internal means to bring any criticisms you may have to the attention of CBSA management.

15. Social Media

Our CBSA values of Stewardship and Excellence involve our continued efforts to improve our programs and services and to consider the present and long-term effects that our actions have on people and the environment. We must also maintain the public's confidence in the agency in accordance with our value of Integrity.

Our CBSA value of Respect for People requires that we must be mindful how public comments about individuals, groups, and sensitive topics will be viewed by Canadians. Differences of opinion are inevitable and beneficial. However, we must also consider how we express, and respond to the beliefs, values, and opinions of others. We must always do so in a civil manner that reflects our roles and responsibilities to Canadians. We must also acknowledge that extremist, sexist, ableist, racist, homophobic, transphobic, and other discriminatory comments related to any marginalized community are unacceptable.

Our CBSA value of Respect for Democracy encompasses our duty of loyalty to the agency, the Government of Canada, and Canadians. Therefore, we use sound judgment to ensure that our personal and professional use of social media does not compromise the agency's reputation, its protected information, or our working relationships with our colleagues, stakeholders and clients.

While there are many benefits to using social media, there are also potential risks and challenges. As professionals, we must bear in mind that social networks are public fora, and that comments and behaviour on these fora become a part of the public record. As comments and media spread, the absence of context can easily lead to misinterpretation and misrepresentations. Regardless of our intentions, or the positive or negative tone, public posts can threaten the perception of impartiality.

Social media include, but are not limited to: Facebook, Instagram, X (formally known as Twitter), YouTube, LinkedIn, Flickr, dating applications, blogs, Wikipedia, Google Docs or any other tool or device that allows for participatory multi-way information sharing, dialogue, and user generated content. Employees should not be discussing work matters through direct and private messaging in the event that their account is compromised. Rather than using publicly accessible social media sites, employees should use internal social networking services such as email, MS Teams, GCconnex, and Atlas to develop initiatives and communicate with other employees.

When commenting on social media fora:

• We are mindful of our duty of loyalty and remain non-partisan;
• We refrain from disparaging the agency, any employee, and the Government of Canada;
• We refrain from discussing work-related issues, problems or matters; and
• We recognize that only authorized spokespersons can issue statements or make comments about the CBSA's position on a given subject.

We must exercise caution when posting pictures, videos and information on social media fora. For example, we take into consideration the agency's reputation, including its internal and external working relationships; the absolute confidentiality of customs, the Immigration and Refugee Protection Act, corporate or trade information and information on individuals collected in the course of our duties, and the possible risks to the safety of individuals and colleagues identified on social media fora.

Additional Resources

Guideline on Acceptable Network and Device Use

16. Private, Off-Duty Conduct, and Outside Activities

Our CBSA values guide us throughout our work day and also extend to our private time. This is especially true in terms of engaging in outside activities that can create a real, apparent, or potential conflict of interest. We understand that our outside activities and off-duty conduct are usually private matters. However, our private affairs could become work-related matters if they impact our ability to perform our official duties or the agency's ability to deliver its mandate.

Off-duty can be defined as any time when we are not under the employer's responsibility. If we are on our way to work or on a break, and can be visibly identified as a CBSA employee (e.g. in uniform or displaying an identification) the public does not know that we are off-duty. The public's confidence in the agency depends on our professionalism on and off-duty.

We are not permitted to do anything illegal or contrary to the Criminal Code, the CBSA Act, or any legislation or regulation enforced by the agency. In the event of being arrested, detained or charged with a violation of laws or regulations in Canada or abroad, we will immediately report this incident to our manager or another appropriate party within the CBSA. This includes minor incidents, such as a traffic violation or Highway Code violation ticket received while using a government-owned or leased vehicle.

We must report to our manager or another appropriate party within the CBSA, any contact or associations we have with known or suspected criminals outside our official duties, so that we can protect ourselves and the agency.

To protect ourselves, our colleagues, and the agency against significant risks or situations that should be reported to our manager or a designated party include, but are not limited to:

• A personal acquaintance, friend, or family member who has a criminal record or is involved in criminal activities;
• Being offered a benefit (e.g. reward or money) from an individual to assist in moving people or goods across the border or to disclose classified or protected information; or
• Being approached by a known or suspected criminal in a social setting (e.g. party, event, bar, etc.).

We avoid questionable activities which might reflect negatively on the agency, its employees, or its programs. Such activities include those that:

• Render us unable to perform a requirement of our duties;
• Lead other employees to refuse, be reluctant or be unable to work with us;
• Render us guilty of a breach of the Criminal Code; and
• Make it difficult for the agency to manage its operations efficiently and/or to direct its workforce.

Chapter 2: Conflict of Interest

Our CBSA value of Integrity compels us to act at all times in a manner that will bear the closest public scrutiny. This behaviour goes beyond simply acting within the law. We do this by never using our official roles to gain advantage for ourselves or others or to cause disadvantage to others. We take the time to review our role as CBSA employees and as public servants to identify any real, apparent or potential conflicts of interest (COI) or conflict of duties between our official responsibilities and our private affairs. We take all possible steps to prevent and resolve any such conflicts of interest or conflict of duties, to uphold the Values and Ethics Code for the Public Sector and of the public interest. We recognize our obligation to maintain the trust of our employer and the public's trust.

As public servants we are bound by the Treasury Board Secretariat Directive on Conflict of Interest (the Directive) as a part of our terms and conditions of employment. Key sections of the Directive are outlined below. Responsibility lies with employees to ensure that they are in compliance with the Directive in terms of outside employment, outside activities or political activities.

A. Definitions

A conflict of interest (COI) occurs when the public servant has private interests that could improperly influence the performance of their official duties and responsibilities or in which the public servant uses their office for personal gain. Three kinds of COIs can be defined:

• A real COI exists at the present time;
• An apparent COI could be perceived by a reasonable observer to exist, whether or not it is the case; and
• A potential COI could reasonably be foreseen to exist in the future.

An employee's official duties, level of authority and visibility within the agency are considerations in determining the level of risk associated to a given COI situation. Hence, employees in upper management and those employees that have extensive interactions with the public will have greater visibility.

Some examples of real COIs include processing importation of personal goods or that of a friend or family member as an officer at a Port of Entry, processing of a traveler we know personally, or helping a friend set up an import/export business by divulging non-publicly available information.

An apparent conflict of interest can exist when reasonably well-informed persons can perceive that a public servant's private interests could improperly influence the performance of their duties, or that their duties could provide an opportunity to further their private interests – whether or not this is the case. The Federal Court of Appeal in Threader, suggests that the existence of an apparent COI can be understood in terms of a series of questions:

"Would an informed person, viewing the matter realistically and practically and having thought the matter through, think it more likely than not that the public servant, whether consciously or unconsciously, will be influenced in the performance of his/her official duties by considerations having to do with his/her private interests?"

Threader v. Canada (Treasury Board), [1987] 1F. C. 41 (CA) paragraph 27.

Some examples of potential COIs include employment with an import/export business, receiving benefits or income either directly or indirectly from a contract with the CBSA, employment with a corporation under contract (or soliciting a contract) with the CBSA and being a member of a board of directors of an import/export association.

A conflict of duties is a conflict that arises, not because of a public servant's private interests, but as a result of one or more concurrent or competing official responsibilities. For example, these roles could include their primary public service employment and their responsibilities in an outside role that forms part of their official duties, such as an appointment to a board of directors, or other outside function.

Order-in-council appointees, such as deputy heads, are subject to the Conflict of Interest Act, and are not subject to the Directive. Although, not bound by the Directive, we ask contractors and service providers to respect the spirit and intent of its requirements.

Additional Information

Framework for the Management of Risk

B. Prevention of Conflict of Interest

As CBSA employees and public servants, we maintain public confidence in the objectivity of the public service by preventing and avoiding situations that could give the appearance of a conflict of interest (COI), result in a potential for a COI, or result in an actual COI. This is especially important with respect to activities on social media fora and when using electronic communication devices.

It is impossible to foresee every situation that could give rise to a real, apparent or potential COI. When in doubt, we should refer to the requirements set out in the Code and the Directiveto guide appropriate action. We can also seek guidance from our manager or explore options with the Office of Values and Ethics or consult the resources posted on Atlas.

Resolving COIs requires that we consider the specific features of a situation and actions that can be taken to change real, apparent, or potential conflicts. Examples include:

• If a family member or friend comes through a port of entry, whenever possible, have someone else process them;
• If we have worked in a program area that we are being asked to audit, we should declare it;
• If a family member or friend is a candidate in a staffing process, we have an obligation to report to the staffing advisor to make a determination. We may be asked to recuse ourselves from the selection committee.

In addition to the requirements outlined in the Code, we are also required to observe any specific conduct requirements contained in the statutes governing the CBSA and our profession, where applicable.

Ultimately, each one of us is responsible for preventing, avoiding and resolving their real, apparent or potential COI situations.

C. Conflict of Interest During Employment

In order to prevent and resolve COIs and conflicts of duties situations during employment, we are required to report in writing, using the Conflict of Interest Report, all reportable assets and liabilities, private interests as well as outside activities and employment, that might give rise to a real, apparent or potential COI in relation to our official duties. Such a report is to be made within 60 days of our initial appointment or any subsequent appointment, transfer or deployment or any significant change in circumstances and should be done in consultation with our manager.

On a regular basis thereafter, and every time a major change occurs in our personal affairs or official duties, we are required to review our obligations under the Code and the Directive and submit any significant change in personal affairs or professional duties via a Conflict of Interest Report in a timely manner.

Part of our general responsibilities includes taking all possible steps to prevent and report COI situations. Therefore CBSA employees are urged to discuss the situation with their manager. COIs do not relate exclusively to matters concerning financial transactions and the transfer of economic benefit. While financial activity is important, COIs in any area of activity that can negatively impact the perceived objectivity and impartiality of the public service. With regards to financial COI you may decide to discuss with a more senior manager. For more information, your manager or senior manager may decide to consult with the Office of Values and Ethics.

When negotiating financial arrangements, including procuring goods, contracting services or administering grants and contributions or transfer payments, with outside parties, we are to comply with the requirements listed in the Code as well as other related directives or policies issued by the Treasury Board Secretariat and the CBSA. When in doubt, we are to immediately report the situation to our manager in order to seek advice or direction on how to proceed. In addition to reporting to our manager, we can explore options with Office of Values and Ethics.

1. Personal Assets and Liabilities

We are required to evaluate our personal assets and liabilities and evaluate their characteristics, taking into consideration the nature of our official duties. If there is any real, apparent or potential COI between our official duties and our reportable assets or liabilities, or there is any question as to whether a COI might exist, we must disclose the matter to the President's delegated authority by submitting a Conflict of Interest Report to the Office of Values and Ethics.

Where the President's delegated authority determines that any of these assets or liabilities results in a real, apparent or potential COI in relation to our official duties, we may be required to divest those assets or liabilities, or to take measures to resolve the COI. We may not sell or transfer assets or liabilities to family members or anyone else for the purpose of circumventing the compliance requirements.

The types of assets that should be reported and the procedures for reporting and managing such assets are set out in the Directive. You can also refer to the List of Reportable Assets and Liabilities to determine what needs to be declared or not declared.

2. Outside Employment or Activities

We are to refrain from having private interests and engaging in outside employment or activities that may subject us to demands incompatible with our official duties, or that could be seen to impair our ability to perform our duties and responsibilities in an objective and impartial manner.

After consultation with our manager, and if there is any doubt that our outside employment or activities might subject us to demands incompatible with our official duties, or cast doubt on our ability to perform our duties or responsibilities in a completely objective manner, we are required to complete and submit a Conflict of Interest Report to the Office of Values and Ethics. The President's delegated authority may require that the outside activities be modified or terminated if it is determined that a real, apparent, or potential conflict of interest (COI) exist. The final decision rests with the President's delegated authority.

3. Political Activities

CBSA employees must balance their right to participate in political activities with their responsibilities to remain impartial in performing their duties as a public servant. Part 7 of the Public Service Employment Act (PSEA) recognizes our right, as public servants, to engage in political activities while maintaining the principle of political impartiality. Whether a political activity will compromise impartiality, or will be perceived as doing so, depends on factors such as the nature of the political activity, the nature of our duties within the organizational context, and the level and visibility of our position.

"Political activities" are defined in Part 7 of the PSEA as:

• 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 the election period.

3.1 Non-candidacy Activities:

Prior to participating in non‑candidacy political activities, employee must consider the nature of their official duties and responsibilities in relation to the political activity to determine whether there is any real, apparent or potential COI situation between their official duties and responsibilities and the political activity. Employees should use the Political Activities Self-Assessment tool to help them understand the level of risk associated with the political activity. Employees should then discuss the specific circumstances and the results from the Political Activities Self-Assessment tool with their manager and the CBSA's Designated Political Activities Representative (DPAR). If there is any real, apparent or potential COI situation, or there is any question as to whether the situation might exist, employees must report the matter to the President's delegated authority.

Examples of non-candidacy political activities defined in the PSEA include:

• Volunteering or fundraising for a candidate or a political party;
• Displaying political material such as a picture, sticker or button or placing a sign on the lawn in support of, or in opposition to, a candidate or a political party;
• Attending events, meetings, conventions or other political gatherings in support of, or in opposition to, a candidate or a political party;
• Developing promotional material such as campaign speeches, slogans and pamphlets for a candidate or a political party; and
• Using blogs, social networking sites or a personal website or video sharing to express personal views in support of, or in opposition to, a candidate or a political party.

3.2 Candidacy Request:

Before seeking nomination please read and comply with the Political Candidacy Request Process. Note that the responsibility for determining whether seeking nomination or being a candidate will compromise impartiality, or will be perceived as doing so, rests with the Public Service Commission (PSC).

As CBSA employees, we recognize that:

• To be a candidate in a federal, provincial, territorial or municipal election we have to request and obtain permission from the PSC;
• The PSC may make permission conditional on us taking a leave of absence without pay (LWOP) for the period, or any part of the period, where we are seeking nomination, or being a candidate, before and during the election period. The PSC may make permission conditional on us taking a LWOP or ceasing to be an employee if declared elected;
• We cannot use government property or resources or wear our official uniform or identifiers during political activities or political candidacy related activities; and
• We need to submit a completed political candidacy request to the CBSA's Designated Political Activities Representative (DPAR) eight weeks before we require a decision.

Please note that elections for Indigenous and First Nation band councils and school boards fall outside the political activities provisions of the PSEA, however they must be disclosed as outside activities to the Office of Values and Ethics and are encourages to discuss their intentions with their manager.

4. Gifts, Hospitality and Other Benefits

4.1. Acceptance

We are not to accept any gifts, hospitality or other benefits that may have a real, apparent or potential influence on our objectivity in carrying out our official duties and responsibilities, or that may place us under obligation to the donor. This includes activities such as free or discounted admission to sporting and cultural events, travel or conferences.

Although the normal expectation is that we do not accept gifts, hospitality or other benefits, it is permissible if they:

• Are infrequent and of minimal value such as low-cost promotional objects, simple meals or souvenirs with no cash value (we use reasonable judgment to determine "minimal value" as it does not correspond to a specific dollar amount);
• Are within the normal standards of courtesy, hospitality or protocol, and respect cultural norms;
• Arise out of activities or events related to official duties and our responsibilities; and
• Do not compromise or appear to compromise our integrity or that of the CBSA in any way.

Defining minimal value depends upon the context in which the gift is being accepted. The dollar value of an item is less important than the perception of accepting a gift. For example, if we are responsible for procurement and accept a low-cost coffee mug with a logo from a current or potential supplier, then there may be a perception that we favour this company. Consider how the acceptance of a gift would appear to someone unaware of the context of the gifts receipt, the intentions of the gift giver, and whether we would have received the gift if not for our employment at the CBSA.

In case of doubt, it is best to decline the gift, hospitality, or other benefits, when possible (see section 4.2 for additional information). Regardless of whether it is accepted or refused, we advise our manager if we are offered a gift, hospitality, or other benefits. Additional guidance can be sought from the Office of Values and Ethics.

Soliciting or accepting a commission, reward, advantage or benefit of any kind from a person, stakeholder or other outside entity that has dealings with the Government of Canada, without obtaining the required written consent through our manager, may be an offence under the Criminal Code, as well as a serious breach of the Code. This could be considered a bribe.

4.2. Situations Where it May be Impossible to Decline a Gift, Hospitality, Other Benefit

We are to seek written direction from our manager where it is impossible to decline gifts, hospitality and other benefits that do not meet the principles set out above, or where it is believed that there is sufficient benefit to the CBSA to warrant acceptance of a certain type of hospitality. In such cases we are expected to promptly declare the gift, hospitality or benefit and seek written direction on what to do (e.g. accept the gift on behalf of the agency, accept the gift and donate it to charity, etc.). We can explore our options with the Office of Values and Ethics in these situations.

4.3. Honoraria

When we participate in events (speaker at a conference, panel etc.) in our official capacity, we do not accept any form of honorarium, regardless of whether such participation was during or outside work hours.

4.4. Travel Offers From a Third Party

In the course of our duties, we may receive offers from stakeholders to cover travel-related costs when we are called upon to collaborate with them or are invited to a conference as a speaker or guest.

If a third party offers to pay or reimburse the costs related to our travel, we must assess whether the offer poses a risk of real, apparent, or potential COI, or whether it may have, or give the appearance of having, influence on our objectivity in carrying out our official duties. We must also ensure that the acceptance of the offer would not contravene any legal, financial or policy requirements.

Accepting any offer of funded travel from a third party is unacceptable when:

• It would result in a direct personal benefit from the third party;
• The offer of funded travel was solicited;
• The third party is a potential or current supplier to the CBSA;
• The third party actively lobbies the CBSA; or
• The third party receives grants or contributions from the CBSA, unless a cost-sharing agreement exists between the agency and the organization and where this type of expense is part of the agreement.

If management decides that there is a benefit and a value added for the CBSA in our attending an event, then agency source funding should be identified to cover the cost of the travel.

4.5 Personal reward or loyalty cards

Public servants using the Government of Canada fleet card are not permitted to accumulate rewards and/or reward points on their own personal loyalty cards (i.e., Air Miles, Petro-Points, or other types of reward points) or receive cash-backs for fuel purchases and/or repairs made using the Government of Canada fleet card. The only exception can be found under the Treasury Board Secretariat National Joint Council Travel Directive:

"Provided that there are no additional costs to the Crown, public servants travelling on government business can join loyalty programs and retain benefits offered by the travel industry for business or personal use. Such privilege is conditional upon the use of government approved services and products."

5. Solicitation and Fundraising

We are to refrain from soliciting gifts, hospitality, other benefits or transfers of economic value from outside entities or individuals that have, had or may have dealings with the organization, including during fundraising activities for the Government of Canada Workplace Charitable Campaign, without having received prior written approval from our manager, who will seek written authorization from the President's delegated authority.

Draws (e.g., "50-50" draws) that involve the collections of money to be distributed equally between the winner of the draw and the charity are regulated by provincial authorities and are subject to licensing requirements.

6. Avoidance of Preferential Treatment

We are responsible for demonstrating objectivity and impartiality in the exercise of our duties and in our decision-making, whether related to staffing, financial awards or penalties to external parties, transfer payments, program operations or any other exercise of responsibility.

This means that we are prohibited from granting preferential treatment or advantages to family, friends or any other person or entity. We are not to offer extraordinary assistance to any entity or persons already dealing with the government without the knowledge and support of our manager. We also are not to disadvantage any entity or persons dealing with the government because of personal antagonism or bias. Providing information that is publicly accessible is not considered preferential treatment.

6.1. Relationship/Partnership with External Stakeholders

As public servants, we are called upon to have contact with a variety of stakeholders. It is important to be, and be perceived as being, impartial and objective in all our dealings with our stakeholders, and to remember that we represent the CBSA and the Government of Canada. Care must be taken to keep our relationships with stakeholders professional and to avoid any real, apparent or potential COI.

In small communities, the CBSA is often a visible and significant part of the community. In such cases, it may be a greater challenge for us to keep our professional and personal lives separate. Maintaining our professional demeanour in public fora and assessing the effect of our personal behaviour on our professional roles becomes especially important in these circumstances.

You cannot directly or indirectly endorse a vendor, partner, client, and/or stakeholder or request the same in return to promote or endorse a CBSA program. This includes but is not limited to:

• Providing testimonials on the quality of a vendor's product and/or service;
• Displaying an outside entity's logo on Atlas or on any other CBSA communication product;
• Soliciting a testimonial from a partner to endorse or promote a CBSA program.

Additional Information

Directive on the Management of Procurement

6.2. Reporting Relationships

Managers are expected to be unbiased and fair in managing their teams. A reporting relationship between family members is a real COI and should be avoided since it creates the appearance of preferential treatment. The closeness and visibility of the relationship are factors to consider in determining the extent to which the definition of family may be applied. For instance, close personal relationships that may not satisfy the legal definition of family but may contribute to a perception of preferential treatment should also be avoided in reporting relationships.

It is our responsibility to identify situations that might give rise to COIs with respect to reporting relationships and to take appropriate action. In cases where it is impossible to avoid the COI, management should assign certain responsibilities regarding the reporting employee (performance assessment, leave approval, financial approvals, etc.) to another manager, or take other administrative measures to minimize the risk of a COI.

D. Conflict of Interest After Leaving Employment

We all have the responsibility to minimize the possibility of real, apparent or potential COI between our most recent responsibilities within the federal public service and our subsequent employment and/or activities outside the public service.

Before leaving our employment with the public service, we are to disclose to our manager and/or the Office of Values and Ethics our intentions regarding any future outside employment or activities that may pose a risk of real, apparent or potential COI with our current duties or responsibilities.

1. Post-Employment Limitation Period When in Designated Positions

At the CBSA, EX positions or their equivalent, as well as EX minus 1 and EX minus 2 positions and their equivalent, are designated for post-employment limitation. In addition, the President is responsible for designating positions at risk for post-employment COI situations. Such designations are to be communicated to potential and current employees.

If we occupy these designated positions, we are subject to a one-year limitation period after leaving employment with the federal public service. Before leaving and during this one-year limitation period, we are to report to the President's delegated authority all firm offers of employment or proposed activity outside the public service that could place us in a real, apparent or potential COI with our public service employment.

We may not, during this one-year period after leaving the federal public service, without the authorization of the President:

• Accept an appointment to a board of directors of, or employment with, outside entities or individuals with which we had significant official dealings, either directly or through our subordinates, in the year immediately prior to leaving our employment in the public service;
• Make representations on behalf of entities or individuals outside the public service to any government organization with which we had significant official dealings, either directly or through our subordinates, in the year immediately prior to leaving our employment in the public service; or
• Give advice to clients or any new employer by using information that is not publicly available concerning the programs or policies of the department or organization with which we were employed or with which we had a direct and substantial relationship.

Additional Information

Post-Employment Considerations and Exit Interviews

2. Waiver or Reduction of Limitation Period

We may request a written waiver or reduction of the post-employment limitation period. To do so, we are to provide sufficient information to assist the President in making a determination to grant the waiver taking into consideration the following criteria:

• The circumstances under which the termination of our service occurred;
• Our general employment prospects and any firm offers of employment or activities;
• The significance to the government of information we possessed by virtue of our position in the public service;
• The desirability of a rapid transfer of our knowledge and skills from the government to private, other governmental or non-governmental sectors;
• The degree to which the new employer might gain unfair commercial or private advantage by hiring us;
• The authority and influence we possessed while in the public service; and/or
• Any other consideration at the discretion of the President.

E. Resolution

With respect to the arrangements necessary to prevent a real, apparent or potential COI or any conflict of duties, or to comply with the requirements set out above, it is expected that situations will be resolved through discussion with the President's delegated authority. When we disagree on the appropriate arrangements to resolve a real, apparent or potential COI, we raise our concerns with our manager and/or the Office of Values and Ethics.

F. Consequences

If we do not comply with the requirements set out in this chapter we may be subject to disciplinary measures, up to and including termination of employment.

Chapter 3: Disclosure of Wrongdoing

The CBSA does not tolerate acts of wrongdoing. Wrongdoing, as defined in the Public Servants Disclosure Protection Act (PSDPA), includes the following:

• The contravention of an Parliament of Canada Act or of the legislature of a province, or of any regulations made under any such act;
• The misuse of public funds or assets;
• Gross mismanagement in the federal public sector;
• An act or omission that creates a substantial and specific danger to the life, health and safety of Canadians or the environment;
• A serious breach of a Code of Conduct; and/or
• Knowingly directing or counselling a person to commit a wrongdoing.

When we have reasonable grounds to believe that a public servant has committed or is about to commit a wrongdoing in the workplace, under the PSDPA, we have three options to disclose this information. Our identity will be protected and we will be afforded protection against reprisal when we report wrongdoing using any of the three options:

• We can talk to our manager;
• We can disclose this information to the Senior Officer for Internal Disclosure (613-954-3604); or
• We can disclose this information to the Public Sector Integrity Commissioner.

When we disclose information concerning wrongdoing, we are expected to:

• Follow the internal procedures established to bring forward instances of wrongdoing in the workplace;
• Respect the reputation of individuals by not making trivial or unsubstantiated disclosures of wrongdoing or by making disclosures in bad faith; and
• Provide no more information than is reasonably necessary to make the disclosure.

CBSA employees should ensure that allegations or evidence of misconduct or wrongdoing is reported immediately.

When receiving a disclosure of wrongdoing under the PSDPA, managers must immediately report to the Senior Officer for Internal Disclosure any activity, statement or documentation that may involve or constitute wrongdoing and/or improper, or criminal activity. In these instances, managers do not report through the chain of command.

It is important to note that the Senior Officer for Internal Disclosure (performs an independent function, outside the chain of command, that reports directly to the President. The PSDPA also requires CBSA to protect, to the extent possible under the law, the confidentiality of the disclosure process, the information provided and the identity of all persons involved in the disclosure process, including disclosers, witnesses, and alleged wrongdoers. The PSDPA also prohibits anyone from taking reprisal action against a public servant who has made a disclosure of wrongdoing, or has, in good faith, cooperated in an investigation into a disclosure under the PSDPA (Section 19).

When informed of any allegation or evidence of employee misconduct or wrongdoing, the CBSA will review to ensure that the reputation of its employees and the integrity of CBSA operations are protected. Appropriate measures will be taken as a result of misconduct or wrongdoing.

Additional Resources

• Chapter 4: Disciplinary Measures and Resolutions of Issues Pertaining to the Code of Conduct,
• CBSA Internal Guidelines on Disclosures of Wrongdoing

Chapter 4: Disciplinary Measures and Resolutions of Issues Pertaining to the Code of Conduct

On its own, the Code cannot address all ethical issues that might arise in the course of carrying out our agency's mandate. As CBSA employees and as public servants we are expected to uphold a high standard of conduct and to respect and act in accordance with the Values and Ethics Code for the Public Sector, the Directive on Conflict of Interest (the Directive), and the Code.

If a breach of either the codes or the Directive occurs, managers are responsible for reviewing the breach and if required, consulting with Labour Relations and/or referring the case to the Professional Integrity Division to determine appropriate action.

A decision regarding disciplinary measures will be determined on a case-by-case basis taking into consideration the nature of the breach and the seriousness of the misconduct. Serious breaches may result in consequences up to and including termination of employment. Some cases of misconduct could also result in an employee being charged under the Criminal Code or under other federal laws.

As provided by Sections 12 and 13 of the Public Servants Disclosure Protection Act, if we have information that could indicate wrongdoing, we can bring this matter to our manager, to the Senior Officer for Internal Disclosure, or to the Public Sector Integrity Commissioner. For more guidance consult Chapter 3: Disclosure of Information Concerning Wrongdoing in the Workplace.

The absence of a specific standard of conduct does not mean that an action is condoned and, consequently, it may still be subject to disciplinary measures up to and including termination of employment.

With respect to either the codes or the Directive, we are encouraged to resolve issues in a fair, respectful, and timely manner and to consider informal processes (e.g. dialogue, seeking guidance from experienced colleagues, our manager, an Informal Conflict Management System Advisor or our union representative). We can also explore our options with the Office of Values and Ethics or view additional resources posted on Atlas.

We are not permitted to do anything illegal or contrary to the Criminal Code, the CBSA Act, or any legislation or regulation enforced by the agency. In the unlikely event of being arrested, detained or charged, whether on or off-duty—in Canada or outside Canada—with a violation of laws or regulations, we will immediately report this incident to our manager. This includes minor incidents, such as a traffic violation or a Highway Code violation ticket received while using a government-owned or leased vehicle. We must also report to our manager, any contact or associations we have with known or suspected criminals outside our official duties, so that we can protect ourselves and the agency.

In order to respect the confidentiality of the CBSA's Employee Assistance Program (EAP) and in accordance with the EAP guidelines, coordinator-counsellors and referral agents, while in the performance of their duties as agents of the EAP, are not required to report information related to an actual or potential serious misconduct or wrongdoing unless there is a significant and imminent risk of harm to an individual or individuals.

Appendix

Contacts

National Integrity Centre of Expertise

National Integrity Centre of Expertise (NICE) provides a neutral, independent, and confidential mechanism to ensure that the values and ethics of the CBSA are maintained. It brings together the Office of Harassment and violence prevention and the Office of Values and Ethics. Additional information can be obtained by contacting NICE or through its intranet site.

Office of Values and Ethics

For additional guidance concerning the Values and Ethics Code for the Public Sector, the Directive on Conflict of Interest and the Code, contact the Office of Values and Ethics.

Office of Harassment and violence prevention

The Office of Harassment and violence prevention provides guidance and investigates incidents of harassment and violence. Additional services are available to employees to assist in maintaining a healthy and respectful workplace.

Senior Officer for Internal Disclosure (SOID)

The SOID helps to promote a protected environment for disclosing wrongdoing as specified in the Public Servants Disclosure Protection Act and deals with disclosures of wrongdoing made by CBSA employees. For information see the CBSA Internal Guidelines on Disclosures of Wrongdoing.

To make a confidential disclosure, please phone: (613-954-3604) or e-mail.

The Office of the Public Sector Integrity Commissioner

The Office of the Public Sector Integrity Commissioner of Canada provides a safe and confidential mechanism enabling public servants and the general public to disclose wrongdoings committed in the public sector.

Security and Professional Standards

The Security and Professional Standards Directorate is responsible for all policies relating to professional standards and personnel security screening review for cause investigations. Specifically, it is also accountable for the management of the administrative investigations function and the conduct of Professional Standards Investigations into allegations of employee misconduct and the responsible authority for investigating suspicions or allegations of employee misconduct and unfavourable information that could jeopardize an employee's security screening or clearance. For more information regarding security at the CBSA, contact the Security Operations Division.

Designated Political Activities Representative (DPAR)

The Designated Political Activities Representative provides guidance for employees who want to engage in political activities. For information visit the CBSA Political Activities site or contact the DPAR.

Informal Conflict Management System (ICMS)

We have a right to work in an environment where employees respect each other and work together with professionalism. Different expectations, disagreements, and conflict are a natural and occasional part of human relations whether at work, school, or in our social lives. The voluntary, confidential and impartial services of your ICMS are available to support you at the CBSA in attempting to resolve conflict. One can choose to use ICMS services prior to initiating a formal process, or after putting a formal process on hold. For assistance contact your ICMS Advisor.

Employee Assistance Program (EAP)

If we find ourselves in a challenging personal situation (e.g. difficulty managing our time, health issues, substance abuse, relationship issues, etc.) that could affect our professional relationships or performance at work, it is important to speak to our manager or other advisors. To help overcome personal challenges, we have access to the Employee Assistance Program. This Program is available 24 hours a day/7 days a week to help overcome such personal challenges. For more information, consult the Employee Assistance Program.

Other Resources

Assistance is also available from Labour Relations and Human Resources advisors and our union representatives:
Labour Relations
Human Resources

Reference Documents

The following is a list of resources that relate to the CBSA Code of Conduct. It is by no means exhaustive, but it includes the most relevant material.

CBSA Act, Policies, Directives and Resources

• Canada Border Services Agency Act
• CBSA Privacy Code of Principles
• CBSA Internal Guidelines on Disclosures of Wrongdoing
• CBSA Uniform Policy and Standards of Appearance Comptrollership Manual – Finance Volume
• Conflict of Interest Guidelines
• Conflict of Interest Report
• Directive on the Consumption of Intoxicants at CBSA Training Facilities and during CBSA Training Events
• E-cigarettes in the Workplace
• Guidelines for (ID) Identification Cards
• Guidance on the use of electronic resources Information Sharing Toolkit
• Leaders' Profile
• List of Reportable and Exempt Assets and Liabilities
• Media Relations: CBSA
• Our Service Commitment
• Policy on Disclosure of Customs Information: Section 107 of the Customs Act
• Policy on Administrative Investigations into Alleged or Suspected Employee Misconduct
• Policy on the Use of Intoxicants
• Policy on Service and Digital
• Political Activities
• CBSA Workplace Harassment and Violence Prevention Policy (Bill C-65)
• Political Candidacy Request Process
• Post-Employment Considerations and Exit Interviews Reporting Security Incidents
• Security Handbook
• Standard for Controlled Assets

Acts and Regulations

• Access to Information Act
• Canada Labour Code
• Canada Occupational Health and Safety Regulations
• Canadian Charter of Rights and Freedoms
• Canadian Human Rights Act
• Conflict of Interest Act
• Copyright Act
• Criminal Code
• Customs Act
• Financial Administration Act
• Immigration and Refugee Protection Act
• Privacy Act
• Proceeds of Crime (Money Laundering) and Terrorist Financing Act
• Public Servants Disclosure Protection Act
• Public Servants Inventions Act
• Public Service Employment Act
• Public Service Labour Relations Act