Ethics

The CSE Values and Ethics Charter defines the values and conduct we expect from our employees. It is intended to help them fulfil their duties and make decisions in an ethical and professional manner.

Effective date

The effective date is January 27, 2025.

On this page

• Objective
• Land acknowledgement
• Preface
• Overview
• Application
• Leaders as role models
• CSE’s Code of Conduct
• Values and applied principles
• Conflict of interest
• Post-employment measures
• Disclosure of wrongdoing
• References

Objective

The CSE Values and Ethics Charter defines the values and ethical guidelines of the Communications Security Establishment Canada (CSE) to support employees at every level in their professional activities. This document emphasizes the importance of making values-based decisions and conducting duties ethically and professionally.

Land acknowledgement

The Communications Security Establishment Canada (CSE) facilities include the Edward Drake Building (EDB), 1625 Vanier Parkway (Vanier) and the Montreal Workspace. We acknowledge that these locations are on the traditional unceded territory of the Algonquin Anishinaabe Nation (EDB and Vanier), and the Mohawk Nation (Montreal Workspace) who have been there since time immemorial. We recognize that our workforce gathers across Canada, and on other Indigenous lands. We would like to emphasize our gratitude and respect for the land and all that it provides us. We recognize the important history of the First Nations, Inuit and Métis peoples and their communities on Turtle Island (Canada), as well as their connection to and stewardship of this land. We understand their contribution to its present and future wellbeing and recognize that, as Canadians, we are all guardians of this land, and so it is our duty to protect and preserve it as part of our service to this country.

We encourage our employees and visitors to learn about and to regularly acknowledge the historic and current relationships that exist between the First Nations, Inuit and Métis peoples and this land on which we live and work. We also encourage employees to consider how they can personally contribute to Canada’s reconciliation with Indigenous Peoples.

Preface

The world is rapidly changing due to continuous technological advancements, geopolitical shifts, and evolving threats. Our organizational values and applied principles provide a compass for CSE employees, helping us navigate complex challenges while maintaining integrity and operating within the legal and moral boundaries of Canada. Values are essential to ensuring that CSE remains agile and responsive. They also connect all employees to CSE’s mission and help them make the right decisions.

A values-based organizational culture creates a more positive and productive work environment where employees feel motivated, engaged, and committed. The CSE Values and Ethics Charter defines our organizational values and applied principles, emphasizing values-based decision-making and professional behaviour.

CSE’s values are informed by employees across the organization and at all levels. They are:

• Lawfulness: Operating within the bounds of Canadian laws ensures that CSE’s actions are legally sound, protecting both national security and individual rights.
• Respect: Treating others with dignity and consideration creates a positive work environment. Respectful interactions lead to better outcomes and stronger relationships.
• Integrity: Honest and ethical conduct fosters trust within the organization and in interactions with stakeholders. It ensures that CSE’s actions align with its mission and values.
• Collaboration: Working together enhances team dynamics, information sharing, innovation and problem solving, and provides opportunities for continuous learning and skill development.
• Innovation and Agility: Encouraging creativity, pathfinding, and responsiveness allows CSE to adapt quickly to evolving threats, find strategic solutions and foster cutting-edge business and technological advancements.
• Sustainability: Long-term success requires a commitment to sustainable practices. By considering environmental, social, technological, and economic impacts, current and future generations of CSE employees (and Canadians) can thrive.

These values are essential for a security and intelligence organization like CSE in carrying out our mission, where transparency is non-discretionary and public trust is paramount. By adhering to the principles of the CSE Values and Ethics Charter, we promote ethical conduct, maintain political neutrality, and preserve public confidence in CSE’s management and operations.

Our values are about both compliance and shaping a healthy and supportive organizational culture that enables CSE’s mission. Our values must be embedded in everything we do, including our mission operations, recruitment, training, and performance management.

Adhering to this document is a condition of employment at CSE. We expect everyone to become familiar with the Charter and to exemplify its principles.

Overview

Values and ethics play a fundamental role in enabling a sound culture and ensuring long-term organizational success. We are all responsible for preserving public confidence in the integrity of the organization. This requires a strong accountability structure, ethical conduct, and political neutrality.

Political neutrality / non-partisanship / duty of loyalty

CSE employees are federal public servants. As federal public servants, we are accountable to the Canadian people and owe a duty of loyalty to the Government of Canada. The essential mission of the public service is to help the duly elected government, under law, serve the public interest^{Footnote 1}.

What does “duty of loyalty” mean?

The duty of loyalty includes a commitment to discretion and refraining from making public statements critical of the federal government. Public servants must exercise restraint in their actions relating to criticism of government policy to maintain an impartial and effective public service.

CSE employees must not make any public pronouncement (for example, via radio, television, blogs or social networking sites) — either directly or through a third party — that is critical of CSE or Government of Canada policies, programs or officials, or on matters of current political controversy, where the employee’s statement or actions might create a conflict with the duties of their position at CSE^{Footnote 2}.

Failure to observe the duty of loyalty can result in disciplinary action up to and including termination of employment. Decisions on disciplinary action related to public criticism and the duty of loyalty will be balanced with other interests, such as the public servant’s freedom of expression.

Learn more in this paper on the duty of loyalty.

Values and Ethics Code for the Public Sector

The Values and Ethics Code for the Public Sector, established by the Treasury Board of Canada Secretariat (TBS), is the main values statement and code of conduct for the entire public sector, including departments, Crown corporations and separate agencies. These values and expected behaviours guide public servants in all activities related to their professional duties.

CSE has incorporated this code into its own values framework, conflict of interest process, and disclosure of wrongdoing process.

Application

Adherence to the Charter is a condition of employment at CSE and is crucial to maintaining one’s security clearance. All employees are expected to become familiar with the Charter and to exemplify its principles.

The policy and guidance in this document apply to all CSE employees and students (including indeterminate employees; term employees; employees posted abroad; employees on leave without pay and interchange; secondees; integrees; and casual workers), regardless of position or level. Other individuals working at or visiting CSE (for example, contractors, and visitors) must understand and behave in accordance with the Charter.

Contractors must adhere to the Public Services and Procurement Canada (PSPC) Code of Conduct for Procurement. This code includes a duty of good faith and honest performance, as well as a commitment to operating lawfully and conducting activities in a socially and environmentally responsible manner.

If the Charter does not address a concern or provide sufficient guidance on a particular situation, employees should:

• discuss their concerns with their supervisor or manager
• review the Code of Conduct
• discuss their concerns with a union representative (employees) or Labour Relations (management)
• contact the Ethics Office
• contact the Wellness Info Hub
• speak with a representative from one of the following teams:
  • Counselling and Advisory Program (CAP)
  • Informal Conflict Management Services (ICMS
  • Harassment and Violence Prevention Program (HVPP)
  • Security
  • Continuous Assurance
  • Disability Management Program (DMP)
  • Privacy Policy and Governance Office (PPGO)
  • Other Policy or Compliance areas relevant to the situation

Leaders as role models

Public servants with supervisory duties have a particular responsibility to exemplify the values of the public sector. Leaders are expected to demonstrate the values, moral standards and ethical behaviours that form the basis for leadership and management accountability.

At CSE, employees in leadership roles (team leads, supervisors, managers, executives) are responsible for advising their employees on values and ethics. This includes advice on how to incorporate the applied principles into their work and interactions with others, and where or how to seek guidance. Leaders should:

• promote ethical behaviour
• lead by example
• be open and available to discuss concerns
• provide constructive feedback
• ensure that all employees under their supervision are familiar with the CSE Values and Ethics Charter and complete required training

Setting clear expectations on values-based decision-making and ethical behaviour is just as important as setting clear goals and expectations related to official job duties. Precise guidelines, boundaries and goals keep employees accountable and help them understand what is required of them and how their contributions align with CSE’s organizational values. This clarity promotes trusts, reduces ambiguity, and enables efficient and ethical decision-making.

Leaders are responsible for demonstrating behaviours that align with the applied principles of the Charter and for calling out behaviours that go against them. They must ensure that their employees understand the Charter, specifically how and when to disclose incidents of wrongdoing and conflicts of interest. Leaders are also responsible for ensuring that their direct reports apply and respect all mitigation measures provided in response to any reported conflicts of interest.

CSE’s Code of Conduct

The Code of Conduct outlines expected behaviours for CSE employees within and outside of the workplace. Adhering to the Code of Conduct is a condition of employment at CSE. Together, the Charter and the Code of Conduct support the implementation of CSE’s organizational values and standards of behaviour.

The Code of Conduct is overseen by Labour Relations. For questions about the Code of Conduct, employees should contact their management team.

Values and applied principles

The following ethical and strategic values guide CSE employees in their decisions, actions, and official duties.

Ethical values provide general guidance on how we treat each other and how we work together.

CSE’s core ethical values are:

• Lawfulness: Operating scrupulously within the laws of Canada.
• Respect: Building a consistently equitable, inclusive, and considerate community.
• Integrity: Consistently behaving with the highest standards of respect and professionalism as stewards of public confidence.

Strategic values highlight the way forward and emphasize organizational priorities.

CSE’s core strategic values are:

• Collaboration: Building diverse relationships and working toward common goals.
• Innovation and Agility: Making dynamic, bold, and inspired ideas come to life.
• Sustainability: Taking care of ourselves, our infrastructure, our neighbours, and the environment.

Employees are expected to integrate these values and their applied principles into decisions, actions, policies, processes, and systems. Similarly, employees can expect to be treated in accordance with these values by CSE.

Lawfulness

Operating scrupulously within the laws of Canada

Applied principles

As CSE employees, we

• understand and adhere to Canadian laws, relevant legislation, and the policies that guide our actions
• respect and protect the privacy of Canadians in accordance with the Canadian Charter of Rights and Freedoms, the CSE Act, legislation, and the Privacy Act
• respect the oath of secrecy and maintain the highest security standards
• understand that we must be accountable and transparent in our dealings with review authorities
• accept the responsibility to seek clarity or raise concerns to ensure we are compliant with policies and legal guidance
• understand our responsibility to adhere to Canadian laws, by ensuring our behaviours both, within and outside of the workplace, remain lawful

Why this matters

It is our obligation to uphold democratic values and to perform our official duties in a manner that maintains public confidence and trust in the integrity of CSE and the Government of Canada.

Respect

Building a consistently equitable, inclusive, and considerate community

Applied principles

As CSE employees, we

• treat every person with fairness, dignity, empathy and kindness
• contribute to a positive, safe, and respectful workplace that is free from harassment, violence, discrimination, and other forms of inappropriate and disrespectful behaviour
• create an inclusive space where employees and visitors with different perspectives, experiences and abilities feel that they belong
• recognize and value our differences, including those related to race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, neurodiversity, official language choice, and mental health
• address — through appropriate actions that demonstrate tangible support, allyship and engagement — biased and discriminatory behaviour, practices, and systemic barriers in the workplace, including ableism, ageism, homophobia, racism, sexism, transphobia, and other forms of discrimination at all levels of the organization
• commit to the ongoing journey of truth and reconciliation by respecting the histories, cultures, and contributions of Indigenous peoples, and actively working to build stronger, more equitable relationships
• work with colleagues and partners in a spirit of openness, honesty and transparency that encourages engagement and respectful communication

Why this matters

How we treat each other and the people we serve defines who we are as an organization.

Integrity

Consistently behaving with the highest standards of respect and professionalism as stewards of public confidence

Applied principles

As CSE employees, we

• earn trust by being honest, forthright, and transparent
• recognize that Canadians’ trust in CSE depends on the integrity of each and every employee
• are accountable for our own judgments and escalate decisions when appropriate
• act in a manner that upholds CSE’s reputation
• demonstrate objectivity and political neutrality and avoid actions that could be interpreted as biased or influenced by personal gain
• take responsibility for our roles and contributions to the success of CSE
• seek guidance and support when resolving issues or when faced with ethical uncertainty

Why this matters

We all lead by example.

Collaboration

Building diverse relationships and working toward common goals

Applied principles

As CSE employees, we

• value and respect everyone’s unique capacity to contribute
• collaborate with others to achieve our mission
• seek partners in government, academia, and industry
• are stewards, not owners, of the roles and tasks entrusted to us
• respectfully challenge, question and express business-related views without fear of reprisal
• are receptive to constructive criticism and are willing to converse and compromise
• recognize that success is achieved by working together, embracing differences and valuing diversity

Why this matters

We are better together.

Innovation and agility

Making dynamic, bold, and inspired ideas come to life

Applied principles

As CSE employees, we

• strengthen our value and reputation by developing innovative ways to carry out all aspects of our mandate and build on the accomplishments of our predecessors
• anticipate and embrace change to inform and adapt our strategies, plans, and policies — enabling maximum flexibility
• form multi-skilled, agile teams to support each other in solving problems
• listen to everyone, regardless of level or position, and appreciate all ideas and contributions
• strike a balance between planning and responding; we must be agile while ensuring our work is thoughtfully reasoned and in line with relevant policies, procedures, and guidelines
• strive to be at the forefront of innovative technology advancements that make effective and efficient use of public money, property, and resources and defend/or that defend and advance Canada’s interests
• take advantage of new opportunities and adapt quickly to environmental changes and challenges

Why this matters

We operate in an ever-changing reality; our relevance depends on our ability to respond.

Sustainability

Taking care of ourselves, our infrastructure, our neighbours, and the environment

Applied principles

As CSE employees, we

• value each other and seek to create a healthy, safe, and engaging working environment for current and future employees
• acknowledge and learn from our mistakes
• extend community and goodwill to our neighbours
• build on our past, remember the ideas and decisions that shaped us, and work to sustain our proud reputation
• recognize our responsibility to learn about Indigenous history and current practices, including on environmental change and consciousness, now and for the generations to come
• operate in a manner that respects our environment and will not compromise our future
• work to realize our full potential as integral members of CSE’s world-class workforce

Why this matters

Building on yesterday to be resilient today and ready for tomorrow.

Conflict of interest

CSE’s conflict of interest policy and process aim to help employees identify, report, and resolve any real, potential, or apparent conflicts of interest that could arise between their private interests and their official duties, during and after employment with CSE.

What is a conflict of interest?

A conflict of interest is a situation where an employee’s private interests could improperly influence how they perform their official duties and responsibilities, or a situation where an employee uses their official position for personal gain.

Types of conflict of interest

There are three types of conflict of interest: real, potential, and apparent.

Real conflict of interest

An employee’s public duties and responsibilities are influenced.

A real conflict of interest involves a conflict between an employee’s public duty and private interests. The employee has private interests that would improperly influence how they perform their official duties and responsibilities.

Potential conflict of interest

An employee’s public duties and responsibilities could be influenced.

A potential conflict of interest arises when an employee has private interests that could lead to a conflict of interest with their official responsibilities in the future.

Apparent conflict of interest

An employee’s public duties and responsibilities appear to conflict with a private interest.

An apparent conflict of interest can be as damaging as a real conflict of interest in terms of the public’s confidence in the employee or CSE.

Preventing a conflict of interest

Many situations could lead to a real, potential, or apparent conflict of interest. When in doubt, employees should seek guidance from their manager or the Ethics Office and refer to these guidelines.

It is important to report all potential conflicts so that they can be appropriately addressed. This reduces the risk of a conflict of interest occurring and helps to protect employees and CSE from suspicions or allegations of impropriety.

Areas where conflicts of interest could occur include:

• assets, liabilities, and self-directed investments
• conflict of duties
• contracts with the Crown
• dual employment
• gifts, hospitality, and other benefits
• outside employment or activities
• political activities
• post-employment activities
• preferential treatment and personal relationships
• solicitation, sponsorships, and donations

Employee obligations

Employees must annually complete a form to affirm their understanding of this Charter and review their personal situations for any potential conflicts of interest. They must submit a Confidential Report to the Ethics Office declaring all outside employment and activities, assets, liabilities, and interests that might give rise to a real, potential, or apparent conflict of interest in relation to their official duties and responsibilities. Employees are encouraged to contact the Ethics Office for assistance in completing the Confidential Report.

Once a Confidential Report is submitted, the Ethics Office conducts a comprehensive analysis to determine if a real, potential, or apparent conflict of interest exists. If it is determined that the potential conflict of interest can be mitigated, recommendations on how to mitigate the risk will be developed, approved, and provided to the employee and their management. Employees must adhere to the recommended mitigations provided by the Ethics Office.

Any time there is a significant change to an employee’s personal affairs or official duties (for example, if an employee moves to a new team, or their duties change), the employee must review their obligations and consult with the Ethics Office to determine if there is a reasonable likelihood of a real, potential, or apparent conflict of interest between their official duties and their outside activities or interests. If there is a potential for a conflict of interest to occur, the employee must complete a new Confidential Report.

When negotiating financial arrangements — including procuring goods, contracting services, entering into sponsorship agreements or memoranda of understanding, or administering transfer payments with outside parties — employees must ensure that they comply with the conflict of interest and post-employment measures outlined in this document, as well as other applicable policies and directives. When in doubt, employees must immediately report the situation to their manager or the Ethics Office for advice or direction.

Employees must arrange their private affairs to prevent real, potential, or apparent conflicts of interest. If a conflict arises between an employee’s private interests and official duties, the conflict shall be resolved in favour of the public interest.

Employees shall not:

• have private interests, other than those permitted pursuant to these measures, that would be affected particularly or significantly by government actions in which the employee participates
• solicit or accept gifts, hospitality, or other benefits
• assist private entities or people in their dealings with the government where this would result in the private entities or people receiving preferential treatment
• knowingly take advantage of, or benefit from, information obtained in the course of their official duties and responsibilities that is not available to the public
• directly or indirectly use or allow the use of government property of any kind, including physical equipment and online Crown resources, or property leased to the government, for anything other than officially approved activities

Compliance

Usually, submitting a Confidential Report to the Ethics Office is the only action that an employee needs to take to be compliant. The employee must then adhere to any mitigation measures provided to them by the Ethics Office to prevent a conflict of interest from arising.

Other actions will sometimes be necessary, such as:

• avoiding or withdrawing from activities or situations that would place the employee in real, potential, or apparent conflict of interest with their official duties
• having an asset sold at arm’s length or placed in a blind trust when continued ownership would constitute a real, potential, or apparent conflict of interest with the employee’s official duties

In such cases, the Chief, CSE, or a delegated official will make the decision and ensure it is communicated to the employee. In determining the appropriate action, the Chief, CSE, or a delegated official will aim to reach an agreement with the employee and will consider factors such as:

• the employee’s specific responsibilities
• the value and types of assets and interests involved
• the actual costs of divesting the assets and interests, relative to the potential that the assets and interests represent for a conflict of interest

Legal framework

The following provisions are designed to ensure that the CSE Values and Ethics Charter is consistent with paragraph 121(1)(c) of the Criminal Code, which states that:

...every one commits an offence who, being an official or employee of the government, demands, accepts, or offers or agrees to accept, from a person who has dealings with the government, a commission, reward, advantage or benefit of any kind directly or indirectly, by himself or through a member of his family or through any one for his benefit, unless he has the consent in writing of the head of the branch of government that employs him or of which he is an official, the proof of which lies on him.

Employees must adhere to the Criminal Code and ensure any outside interests, employment or activities do not place them in a conflict of interest.

Outside employment or activities

Employees may engage in employment outside CSE and participate in outside activities unless the outside employment or activities are likely to result in a conflict of interest or undermine CSE’s neutrality in any way.

Outside activities can include but are not limited to:

• outside employment
• volunteer work
• enrollment in outside educational or training programs
• reservist duties
• political activities
• publishing materials related to the security and intelligence community

Employees who are also employed outside CSE, who volunteer in a position of responsibility (board member, trustee, patron, spokesperson, etc.) or who have other undertakings (self-employment, business ownership, etc.) must disclose these activities to the Ethics Office, which will assess whether there is a conflict of interest.

If the Ethics Office determines that an employee’s outside employment or activities present a real, potential, or apparent conflict of interest, the Chief, CSE, or a delegated official — upon consultation with the Ethics Office — may require that the employee reduce, modify, or terminate the outside employment or activity.

Outside employment while on leave without pay

If an employee intends to pursue outside employment while they are on leave without pay (LWOP), they must submit a Confidential Report a minimum of 8 weeks before their desired start date. They cannot begin the outside employment until they receive approval from the Ethics Office. Employees are encouraged to submit their LWOP request (Human Resources) and Confidential Report (Ethics Office) as early as possible to avoid delays.

Gifts, hospitality, and other benefits

Soliciting or accepting gifts, hospitality or other benefits could lead to a conflict of interest. Employees shall not accept or solicit any gifts, hospitality or other benefits that may have a real, potential, or apparent influence on their objectivity in carrying out their official duties, or that may place them under obligation to the donor.

Employees can only accept gifts, hospitality, and other benefits if:

• they are of minimal value (for example, low-cost promotional objects such as pens, mugs, notepads, portfolios, canvas bags, t-shirts, or souvenirs with no cash value)
• they are infrequent
• there is no past or present business relationship, and it is reasonably expected that there will not be a business relationship in the future

Employees may accept occasional, inexpensive meals provided during a business meeting, a training course, or a conference during normal working hours that:

• arise out of activities or events related to the employee’s official duties
• are within the normal standards of courtesy, hospitality, or protocol
• do not compromise or appear to compromise the integrity of the employee or CSE

Request for written direction

If it is impossible for an employee to decline gifts, hospitality or other benefits that do not meet the criteria above — or if an employee believes that it would benefit CSE to accept a certain gift, hospitality or other benefit — the employee must request, via the Ethics Office, written direction from the Chief, CSE, or a delegated official. The Ethics Office will notify the employee in writing on how to proceed.

The request for written direction must specify the following:

• the originator of the gift, hospitality, or benefit
• the business relationship between the originator and CSE
• the nature of the gift, hospitality, or benefit
• why it is impossible to decline the gift, hospitality, or benefit, or why it is believed that it would benefit CSE to accept (for example, cultural norms or sensitivities)

A request for written direction is mandatory any time an employee is offered a gift, hospitality, or benefit (for example, travel, or free or discounted admission to sporting or cultural events) by a person or corporation that has business dealings with CSE, including but not limited to:

• persons or corporations under contract with CSE at the time of the offer
• persons or corporations invited to bid on a request for proposal for a contract with CSE
• persons or corporations who have submitted a proposal in response to a request for proposal for a contract with CSE

A request for written direction is not required if the employee has declined the gift, hospitality, or benefit.

Solicitation

Employees are prohibited from explicitly or implicitly soliciting gifts, hospitality, other benefits, or transfers of economic value from a person, group, or organization in the private sector that has dealings with the government. Such solicitation could lead to a conflict of interest.

Fundraising

CSE supports three fundraising ventures:

• Government of Canada Workplace Charitable Campaign / CSE Charitable Campaign
• Poppy Fund
• Canadian Blood Services

Before actively fundraising for other charitable organizations, employees must obtain prior authorization from the Chief, CSE, or a delegated official via the Ethics Office. Authorization is required before employees solicit donations, prizes, or contributions in kind from external organizations or individuals. The Chief, CSE, or a delegated official may require that the activities be curtailed, modified, or terminated if it is determined that there is a real, potential, or apparent conflict of interest, or an obligation to the donor.

For fundraising for personal causes (for example, raffle tickets, selling chocolate), employees can only conduct passive solicitation in the kitchenettes. Employees cannot use government resources (including corporate tools, such as email, web, or bulletin boards) for these fundraising activities. Fundraising activities also must not impact employees’ time at work. Some suggested methods include leaving the raffle tickets or box of chocolates in the kitchenette.

Outside activities or freelance jobs

All outside paid activities must be disclosed to the Ethics Office through completion of a Confidential Report.

Employees are prohibited from promoting outside businesses or any enterprise related to their official duties or CSE’s mandate, such as consulting services, freelance IT work, programming or training. These activities are subject to formal conflict of interest analysis.

Passive solicitation is the only permissible way employees may bring their personal ventures, that are unrelated to CSE’s mission or mandate (for example, Etsy sellers, Pampered Chef, Avon), into the workplace. Pamphlets, flyers, or catalogues may only be placed in kitchenettes (office areas designated for personal use); however, all sales and discussions must take place outside of work premises using personal channels. Employees cannot use Government time and resources (including email, corporate tools, web, and printers) to solicit business opportunities.

Avoidance of preferential treatment

Preferential treatment refers to granting special advantages, privileges, or benefits to certain individuals, clients, or entities over others. This can result in a real, potential, or apparent conflict of interest.

As public servants, CSE employees must not:

• assist outside entities or individuals in their dealings with the government when such assistance would result in the entities or individuals receiving preferential treatment or advantages
• interfere in the dealings of outside entities or individuals with the government to influence the outcome
• grant preferential treatment or assistance to anyone, including family and friends, when making decisions that will result in a financial award to an external party
  • in such situations, the employee shall advise their manager of the real, potential, or apparent conflict

When exercising their official powers, duties or functions, employees cannot participate in a discussion or decision if they know or reasonably should know that they would be providing an opportunity to further the private interests of anyone who has dealings with the government, including family and friends. Employees should disclose in a Confidential Report the names of any family members, friends or business associates whose profession or position could create a conflict of interest for them.

Employees can assist entities or persons that have dealings with the government only:

• when this assistance is part of their official duties,
• with prior authorization from their designated supervisor, and
• in full compliance with the conditions set out in that authorization

Avoidance of preferential treatment: staffing

When participating in any decision-making or accessing any information related to an internal or external staffing process, employees must respect and ensure that there is no real, potential, or apparent conflict of interest. This includes conflicts of interest with respect to anyone with whom an employee shares a personal relationship. A personal relationship includes a social, emotional, romantic, sexual, or familial relationship, including marriage, common-law partnership, or civil union between:

• two CSE employees
• a CSE employee and a contractor
• other individuals working at or for CSE

Employees cannot participate in a discussion or decision regarding another CSE employee if they know or reasonably should know that they would be providing an opportunity to further the private interests of that individual. For example, employees cannot assess or hire friends or family members.

To prevent real, potential, or apparent conflicts of interest related to staffing, there should not be a direct line of reporting between family members or individuals in personal relationships, regardless of the number of intervening levels.

Employees shall not have influence on actions such as hiring and recruitment, pay, performance assessments, deployments, assignments, promotions, or other staffing actions for individuals if it could result in a conflict of interest.

Instances of familial relations or personal relationships within the same reporting line should be disclosed to management and the Ethics Office.

Conflict of duties

Conflict of duties is a subtype of conflict of interest where the conflict — whether real, potential, or apparent — arises because of one or more concurrent and competing official responsibilities. For CSE employees, examples of a conflict of duties include:

• participating on another public entity or body’s board of directors as a representative of CSE
• participating in another public entity or body’s working or research group as a representative of CSE
• participating in financial arrangements — including procuring goods, contracting services, or administering grants and contributions or transfer payments — with another public entity with whom the employee has a role as part of their official duties
• participating in decision-making on a file for which the employee had access to sensitive information as the result of working on the same file in a previous role with a different government department
• participating in a trust group; employees must inform their management about any participation in a vetted trust group — any subsequent sharing of information is subject to Mission Policy Suite requirements

Dual employment

Dual employment occurs when an indeterminate employee on an extended period of LWOP accepts another position for a specified period in the same or a different department. If an employee wants to work with another federal government department, they must resign or transfer to accept an indeterminate (permanent) appointment in another position.

Employees must submit a Confidential Report to the Ethics Office when concurrent or competing official responsibilities might lead to a real, potential, or apparent conflict of interest, or might cast doubt on the employee’s ability to perform their duties in a completely objective manner. The Ethics Office will identify the conflict of duties and will suggest changes to duties or will advise management if reporting structures need to be reorganized.

Assets and liabilities subject to a Confidential Report

Employees must regularly assess whether their assets and liabilities need to be included in a Confidential Report, based on the nature of their official duties and the characteristics of their assets and liabilities. If there is any real, potential, or apparent conflict between their official duties and their assets and liabilities, employees must submit a Confidential Report to the Ethics Office.

Examples of assets and liabilities that must be reported in a Confidential Report include but are not limited to:

• publicly traded securities of corporations and foreign governments, self-administered registered savings plans (retirement: RRSPs, disability: RDSPs, and education: RESPs), that are composed of these securities, where these securities are held directly and not through units in mutual funds
• interests in partnerships, proprietorships, joint ventures, private companies, and family businesses, particularly those that own or control shares of public companies or that do business with the government
• commercially operated farm businesses
• real property that is not for the private use of employees or their family members
• commodities, futures, and foreign currencies held or traded for speculative purposes
• assets placed in trust or resulting from an estate of which the employee is a beneficiary
• secured or unsecured loans granted to persons other than to members of the employee’s immediate family
• any other assets or liabilities that could give rise to a real, potential, or apparent conflict of interest due to the nature of the employee’s official duties
• direct and contingent liabilities in respect of any of the assets described in this section

An employee may not sell or transfer assets to family members or others to circumvent compliance measures.

Assets and interests not subject to a Confidential Report

Assets and interests for the private use of employees and their family members, as well as non-commercial assets, do not need to be disclosed in a Confidential Report. Examples include but are not limited to:

• residences, recreational properties, and farms used or intended for use by employees or their families
• household goods and personal effects
• works of art, antiques, and collectibles
• automobiles and other personal means of transportation
• cash and deposits
• Canada Saving Bonds and other similar investments in securities of fixed value issued or guaranteed by any level of government in Canada or agencies of those governments
• RRSPs, RDSPs, and RESPs that are not self-administered
• Registered Home Ownership Savings Plans
• investments in open-ended mutual funds
• guaranteed investment certificates (GICs) and similar financial instruments
• annuities and life insurance policies
• pension rights
• money owed by a previous employer, client, or partnership
• personal loans receivable from immediate family members and small personal loans receivable from other persons where employees have loaned the moneys receivable

Divestment of controlled assets following a Confidential Report disclosure

Controlled assets are assets whose value could be directly or indirectly affected by government decisions or policy^{Footnote 3}, such as publicly traded securities, self-administered registered funds or plans, commodities, and stock options.

Employees may need to divest assets if the Chief, CSE, or a delegated official determines that such assets constitute a real, potential, or apparent conflict of interest. This includes when an employee holds assets in an industry in which they have official dealings, insider knowledge or other business-related information, as this may create a real, potential, or apparent conflict of interest and will need to be divested.

When a divestment is required, it must occur within 120 days of the employee’s appointment, transfer, or deployment. This is usually achieved by selling the assets through an arm’s-length transaction (such as, to someone other than a relative, friend or business associate), or by making the assets subject to a blind trust arrangement.

When a required divestment is conducted through a sale, the employee must provide confirmation of the sale (for example, broker sales receipt) to the Chief, CSE, or delegated official via the Ethics Office.

When a conflict of interest is mitigated through the establishment of a blind trust, the Ethics Office will assist the employee, as well as the Chief, CSE, or a delegated official, to set up an appropriate blind trust.

Intellectual property

Patents for Invention

It is mandatory to disclose inventions^{Footnote 4}, including inventions described in patent applications, whether or not the invention is related to a personal effort. CSE employees (and/or their patent agent) should review the requirements of the Public Servants Inventions Act (PSIA) (PDF) to understand their obligations. They should also review the requirements set out in the Public Servants Inventions Regulations (PSIR) (PDF) when filing a patent application, including the fact that public servants must use a number of prescribed forms.

Disclosure of Invention

In accordance with the PSIA, if employees make an invention while working at CSE, even if for a personal project, they must inform the appropriate minister via the appropriate internal channels and provide any required information and documents. To begin this process, employees can contact their manager. An employee cannot file a patent application outside Canada without written consent from the minister. If an employee files a patent application in Canada, they must disclose that they are a public servant. Employees must also disclose the invention to PACS and DLS before submitting a patent application, and they must submit a Confidential Report to the Ethics Office.

Ownership of Inventions

Any invention created by a public servant while performing their official duties, resulting from or connected to their duties or employment, or created using Crown facilities, equipment, or financial support, belongs to the Crown. This applies globally, for example, the Crown would own a US patent filed by an employee due to Canada's PSIA.

Copyright

If an employee creates a copyrightable work that is published by CSE or created under the direction or control of CSE, the copyright belongs to the Crown and will expire 50 years after the end of the calendar year of first publication. Works made on personal time, not under CSE's direction, do not belong to the Crown. Using government resources to prepare copyrighted material is not permitted.

Resolving a conflict of interest

Most conflicts of interest will be addressed through the Ethics Office. The Ethics Office will ensure the appropriate measures are taken to avoid a potential conflict.

When disagreements arise on how to prevent a conflict of interest, the disagreement will be resolved through established labour relations grievance procedures.

Post-employment measures

Overall responsibility

Without unduly restricting their ability to seek other employment, former employees must try to minimize the possibility of real, potential, or apparent conflicts of interest between their new employment outside of CSE and their most recent responsibilities within CSE.

Before leaving CSE, employees shall disclose their future employment intentions to their manager. Any potential conflicts should be brought to the attention of the Ethics Office.

Application

The overall responsibility cited above applies to all CSE employees (including term employees, indeterminate employees, and employees on secondment or interchange) and all students employed by CSE.

Post-employment measures for executive or designated positions

The following measures apply specifically to employees in executive (EX) positions or their equivalent, or positions designated* by the Chief, CSE.

*The Chief, CSE, may designate positions outside of the EX category as being subject to these measures if the position involves official duties that raise post-employment concerns. The Chief, CSE, may also exclude an EX position from these post-employment measures if the official duties of the position do not raise concerns for post-employment.

The Chief, CSE, will consult with TBS and the appropriate bargaining agent as applicable.

The Chief, CSE, or a delegated official must ensure that an employee who is intending to leave the organization is aware of these post-employment measures.

Before leaving office

Employees in EX or designated positions must disclose, in a Confidential Report to the Ethics Office, all firm offers of employment that could place them in a real, potential, or apparent conflict of interest situation. They must also immediately disclose the acceptance of any such offer.

Limitation period

Former EX or designated employees shall not, within a period of one year after leaving CSE:

• accept an appointment to a board of directors of, or employment with, entities with which they personally, or through their subordinates, had significant official dealings during the period of one year immediately prior to their departure from CSE
• make representations for or on behalf of any other person or entity to any department or organization with which they personally, or through their subordinates, had significant official dealings during the period of one year immediately prior to their departure from CSE
• give advice to their new employer or clients using information that is not publicly available concerning CSE programs or policies with which they had a direct and substantial relationship while employed by CSE

Reduction of limitation period

The Chief, CSE, has the authority to reduce or waive the limitation period for an employee or former employee. Such a decision will be recorded in writing and will consider the following factors:

• the circumstances under which the employee or former employee left CSE
• the general employment prospects of the employee or former employee
• the significance to the government of information possessed by the employee or former employee by virtue of that individual’s position at CSE
• the desirability of a rapid transfer of the employee or former employee’s 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 the employee or former employee
• the authority and influence of the employee or former employee while at CSE, and the disposition of other cases

Reconsideration

Any CSE employee or former CSE employee who is found to be non-compliant with these measures can apply to the Chief, CSE, for reconsideration for any punitive action taken.

Resolution

Most post-employment situations that do not pose a real, potential, or apparent conflict of interest will be addressed through discussion between the manager and the employee.

When a disagreement arises on the appropriate arrangements to prevent a conflict of interest, the disagreement will be resolved through the established labour relations grievance procedures.

Disclosure of wrongdoing

Objective

CSE’s policy on disclosure of wrongdoing provides a mechanism for employees to discuss or report serious ethical issues, including a perceived or suspected wrongdoing, that they encounter in relation to CSE, without fear of reprisal. This is required under section 52 of the Public Servants Disclosure Protection Act and is consistent with CSE’s values.

Definitions

“Disclosure” means the provision of any information by an employee in good faith and in accordance with these procedures, based on the belief that the information could show that a wrongdoing has been, is being or is about to be committed, or that the employee has been asked to commit a wrongdoing.

“Reprisal” means any of the following measures taken against an employee because the employee has made a disclosure or has, in good faith, cooperated in an investigation into a disclosure:

• disciplinary measures
• demotion
• termination of employment
• any measure that adversely affects the employee’s employment or working conditions
• a threat to take any of the measures above

“Wrongdoing” consists of any of the following within the context of, or in relation to, CSE:

• contravention of any Act of Parliament or the legislature of a province or territory, or of any regulations made under any such Act
• misuse of public funds or a public asset
• gross mismanagement in the public sector
• serious breach of the CSE Values and Ethics Charter or security policies
• act or omission that creates a substantial and specific danger to the life, health and safety of persons or the environment, other than a danger that is inherent in an employee’s duties or functions
• knowingly directing or counselling a person to commit a wrongdoing set out above

Consulting on ethical issues

To raise, discuss or clarify any ethical issue that they encounter at CSE, employees are encouraged to speak with their manager, a union representative, Labour Relations (management only) or the Ethics Office, or to contact CSE’s Senior Officer for Internal Disclosure (Senior Officer).

The Senior Officer is available to provide information and advice to all CSE employees on the CSE Values and Ethics Charter and disclosures of wrongdoing.

An employee who meets with the Senior Officer about an ethical issue, including a disclosure, can be accompanied by another person (for example, union representative, friend, peer), provided that person holds the appropriate security clearance for the discussion.

Disclosing a wrongdoing

Any employee who believes they have witnessed or have knowledge of an alleged wrongdoing in the workplace is encouraged to disclose the matter to their manager or the Senior Officer. Employees are also encouraged to cooperate in any investigation into the alleged wrongdoing and may do so without fear of reprisal.

Any employee who believes that they are being asked to act in a way that contradicts the values and ethics set out in this Charter can report the matter to the Senior Officer without fear of reprisal.

If the employee is unable to report the issue to their manager or to the Senior Officer, they can make a disclosure directly to the Chief, CSE.

If an employee believes that a perceived wrongdoing cannot reasonably be addressed within CSE, they can bring a complaint to the National Security and Intelligence Review Agency (NSIRA).

Confidentiality and privacy

In matters related to disclosures of wrongdoing, CSE is obligated and committed to protecting confidentiality and — subject to any Act of Parliament and to the principles of procedural fairness and natural justice — to protecting the identity and privacy of those involved in the disclosure process.

All information obtained during an investigation or obtained in relation to a disclosure of an alleged wrongdoing will be handled and stored in accordance with established procedures for handling and storing protected or classified information.

All information collected as a result of a disclosure or complaint of reprisal will be treated confidentially and discreetly.

Reprisal

No employee will be subject to any reprisal for making a disclosure or cooperating in an investigation into a disclosure or reprisal.

Non-employees

People who are not CSE employees (for example, contractors, visitors) who believe they have witnessed or have knowledge of an alleged wrongdoing are also encouraged to disclose relevant information. While the same protections as those afforded employees cannot be guaranteed in every case, CSE will make every reasonable effort to provide similar protections.

Responsibilities of the Chief, CSE

The Chief, CSE, is responsible for:

• promoting a culture of open communication where issues and concerns can be dealt with easily in regular interactions between employees and managers
• ensuring an internal mechanism to manage the disclosure of wrongdoing, including designating a Senior Officer responsible for receiving and acting on such disclosures
• informing all employees of this mechanism, including the name, location, and phone number of the Senior Officer
• ensuring that disclosures are reviewed in a timely fashion and are investigated appropriately, and, when required, that prompt action is taken to correct the situation
• when a wrongdoing is found as a result of a disclosure made under this Charter, ensuring prompt public access to publicly releasable information about the wrongdoing that includes any recommendations and either indicates corrective action taken or explains why corrective action was not taken
• protecting employees from reprisal and, if a reprisal occurred, determining the appropriate restitution
• ensuring the confidentiality and protection of information collected in relation to disclosures of alleged wrongdoing
• reporting annually to the Minister of National Defence on disclosures and related issues

Responsibilities of the Senior Officer

The Senior Officer is designated by the Chief, CSE, and is responsible for:

• interpreting, providing advice on and disseminating information on CSE’s internal mechanism for the disclosure of wrongdoing
• receiving, recording, and reviewing disclosures of information concerning wrongdoing, including determining if further action is required and if resolution is appropriate
• undertaking investigations and reviewing and reporting the results of such investigations, including the discovery of any systemic issues, and making recommendations to the Chief, CSE, concerning corrective measures when needed
• ensuring that investigations are conducted appropriately and as quickly as possible
• ensuring that procedures are in place to manage disclosures that require immediate or urgent action
• subject to any Act of Parliament and to the principles of procedural fairness and natural justice, acting appropriately to protect the identity and privacy of people involved in the disclosure process (such as, persons making disclosures, witnesses, persons alleged to be responsible for wrongdoings, persons who cooperate in any investigation related to the disclosure)
• preparing an annual report to the Chief, CSE, that includes:
  • the number of general inquiries and requests for advice received
  • the number of disclosures received, including the number acted on and the number not acted on
  • the number of investigations commenced
  • the number of recommendations made and their status
  • whether any systemic issues were identified
  • any recommendations for improvement

The Senior Officer reports directly to the Chief, CSE, on matters related to this mechanism.

The Senior Officer also serves as the primary CSE point of contact for receiving information from non-CSE employees (for example, contractors, Senior Officers from other government departments and agencies charged with performing similar or related duties within their respective organizations) concerning wrongdoing in relation to CSE or its workforce. The Senior Officer will similarly serve as the primary CSE point of contact for providing similar information to external entities when appropriate.

The Senior Officer may be assisted by qualified staff within the Directorate of Audit, Evaluation and Ethics.

Responsibilities of employees

Employees are responsible for:

• following internal processes for reporting instances of wrongdoing in the workplace
• respecting the reputation of individuals by not making disclosures of wrongdoing frivolously, recklessly or with malicious intent
• respecting the confidentiality of those involved or implicated in an allegation of wrongdoing

Employees should also be aware of their responsibilities under various policies and laws, including the Privacy Act, the Criminal Code, the Security of Information Act, CSE’s security policies, and the other sections of the CSE Values and Ethics Charter.

Responsibilities of managers (all levels)

Managers at all levels are responsible for:

• ensuring that their employees are aware of the processes available to them if they wish to disclose a wrongdoing
• promoting openness in their interactions with employees
• acting promptly when information concerning an alleged wrongdoing is brought to their attention
• seeking advice from the Senior Officer when required and providing the Senior Officer with assistance, information and access when requested
• protecting from reprisal any employee who discloses or cooperates in the investigation of an alleged wrongdoing, including protecting their identities
• maintaining and protecting confidentiality

Administrative and disciplinary measures

Employees at all levels may be subject to administrative and disciplinary measures, up to and including termination of employment, if they:

• take reprisal against an employee who has made a disclosure in accordance with this policy or who has served as a witness or has otherwise cooperated in any investigation related to a disclosure
• disclose a wrongdoing in a manner that does not conform to this policy and its procedural requirements
• willfully obstruct the Senior Officer in the performance of their duties
• knowing that a document or object is likely to be relevant to an investigation of wrongdoing, destroy, mutilate, or alter the document or object; falsify the document or make a false document; conceal the document or object; or direct, counsel or cause any person to do any of these things

The Director General, Human Resources, must be consulted on any administrative or disciplinary measures.

Protection from reprisal

Employees who believe that they have been subject to reprisal as a consequence of having made a disclosure or cooperated with an investigation in accordance with this mechanism are encouraged to contact the Senior Officer as soon as possible.

The Senior Officer will investigate the matter and will inform the complainant and appropriate senior managers of their findings. If at any time during the investigation, the Senior Officer has a reasonable belief that a reprisal has occurred, they will promptly advise the Chief, CSE.

If the Senior Officer determines that a reprisal has occurred, the Chief, CSE, may — within their human resources and financial administration authorities — call for restorative measures or instruct that the affected employee be compensated.

Employees may also resort to other existing redress procedures, such as those under the CSE Policy on Labour Relations Grievances and the CSE Policy on the Prevention and Resolution of Harassment in the Workplace.

Disclosure of criminal activity

Disclosure of any information concerning criminal activity or action will be referred to the proper authorities for investigation, in accordance with the applicable legislation and policies.

Access to information or privacy requests

Records created in response to, or related to, a disclosure of wrongdoing and its investigation or resolution cannot be released in response to requests made under the Access to Information Act or Privacy Act.

Internal disclosure and resolution process

An employee who believes that a wrongdoing has been, is being, or is about to be committed should raise the matter with their manager or the Senior Officer.

If an employee brings the matter to their manager’s attention, their manager may offer to refer the disclosure to the Senior Officer. The employee must consent before their manager approaches the Senior Officer, unless the manager believes that the matter is serious enough that failing to advise the Senior Officer would be, or could be reasonably construed to be, negligent. In any event, the manager will inform the employee before approaching the Senior Officer.

The following steps apply to disclosing a wrongdoing to the Senior Officer.

1. Disclosure to the Senior Officer

When an employee discloses a wrongdoing to the Senior Officer, a written disclosure is preferable, but not mandatory.

The disclosure must include sufficient information to allow for an investigation, including:

• a description of the alleged wrongdoing
• the nature of the alleged wrongdoing
• the names of the people believed to be involved

The information should be as precise and concise as possible.

To ensure an effective resolution and because certain disclosures may require immediate action, employees are encouraged to submit disclosures promptly.

2. Screening and review of the disclosure

The Senior Officer will review the information and determine if there are sufficient grounds for further action.

If the Senior Officer decides to proceed, they will inform the employee in writing and will determine the appropriate next steps, which will include an attempt at resolution or an investigation.

The Senior Officer will ensure that the disclosure of any information concerning criminal activity is dealt with in accordance with the applicable legislation and policies.

The Senior Officer will not proceed to resolution or investigation, or will terminate an investigation at any point, if it is determined that:

• the disclosure is trivial or frivolous
• the disclosure was not made in good faith or grounded in reasonable belief
• the disclosure does not provide sufficient information to substantiate a potential wrongdoing
• the matter can be, or has already been, dealt with appropriately through a procedure provided for under another policy or law in force in Canada (for example, CSE’s Policy on Staffing and Recruitment, CSE’s Policy on the Prevention and Resolution of Harassment in the Workplace, existing redress procedures under the Public Service Labour Relations Act)
  • The Senior Officer may choose, following consultation with the employee, to deal with the disclosure while another procedure is in progress, or to deal with the disclosure while the other procedure is temporarily suspended

3. Attempt at informal resolution

Where feasible, situations will be addressed informally by discussing the matter with the employees concerned, identifying resolutions, and taking appropriate action.

4. Investigation

If the matter cannot be resolved informally, the Senior Officer may initiate an investigation.

The Senior Officer may also decide to investigate without first attempting an informal resolution if they have reasonable grounds to believe that a wrongdoing has been, is being, or is about to be committed.

Every investigation will be conducted discreetly and as promptly as possible, while respecting privacy and confidentiality.

Before completing the investigation, the Senior Officer will take every reasonable measure to ensure that any individual who could be adversely affected by the findings is provided with an opportunity to respond to any allegations or criticism.

5. Decision

The Senior Officer will prepare a written report with findings and recommendations for corrective measures for the appropriate level of management.

Where there is a finding of a wrongdoing, the report will be submitted to the Chief, CSE, who will render the decision.

Management will review the Senior Officer’s recommendations.

6. Notification

The Senior Officer will provide written notification of the investigation’s findings, as well as all recommendations appropriate for release, to whoever made the disclosure and to other parties, including managers, as appropriate.

When a wrongdoing is found, the Senior Officer will coordinate the preparation of publicly releasable information that describes the wrongdoing, states any recommendations, and either indicates corrective action taken or explains why corrective action was not taken.

References