Code of Fair Contract Practices, An Integrity Pact Between Government and Suppliers

Canadians have a right to expect that the working relationship between the government and the private sector – which involve transactions worth billions of dollars each year – be founded on integrity. To ensure this relationship is framed within an enhanced culture of integrity, the government will immediately begin working with the private sector to develop a strong Code of Fair Contract Practices, an integrity pact between government and those with whom it contracts.

The Code of Fair Contract Practices will consolidate the government’s existing suite of conflict of interest and anti-corruption policies, including anti-bribe measures, as well as other integrity measures, such as the Values and Ethics Code for the Public Service. As an overarching framework, it will form a comprehensive statement of expectations for suppliers when dealing with public service employees, and vice versa, that will be communicated within the public service and to its suppliers. Codifying and communicating such a framework will promote awareness of the government’s expectations and increase the level of transparency and accountability in this important relationship. And, over time, the Code could be expanded by incorporating new measures.

As part of this new approach, integrity provisions will be embedded in all contracts to provide a clear statement of the obligations currently set out in the Criminal Code, including the prohibitions against paying, offering, demanding or accepting bribes or colluding with others to obtain a contract. As well, the integrity clauses would include the disclosure requirements contained in the Lobbyist Registration Act.

We call this a pact because we will form a partnership on these issues with suppliers. The Government of Canada will only deal with suppliers who are prepared to work within this framework, thereby leveling the playing field for suppliers competing for government contracts. Contracts will provide for a range of sanctions for improper or illegal conduct, including exclusion from future procurement opportunities.

In building a stronger partnership with the private sector, the government will also work with suppliers to learn from their best practices and encourage others to establish and expand their own codes of conduct where such practices do not exist. Through the Code of Fair Contract Practices and embedding integrity provisions into contracts, the government will become a role model in transparency and integrity.