Appendix G - The Conflict of Interest and Post-Employment Code for Public Office Holders (1994)
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Published December 1, 1995. The contents of this appendix contain both mandatory requirements as well as guidelines.
1. In June 1994, the Prime Minister issued the Conflict of Interest and Post-Employment Code for Public Office Holders (1994), replacing the Conflict of Interest and
Post-Employment Code for Public Office Holders (1985). The effect of the Conflict of Interest and Post-Employment Code for Public Office Holders (1994) is that currently,
two conflict of interest codes exist; one for Public Office Holders, and one for the Public Service.
2. The Ethics Counsellor assumed the responsibility previously held by the Assistant Deputy Registrar General, and it is now the role of the Ethics Counsellor, among
other things, to administer and enforce the Conflict of Interest and Post-Employment Code for Public Office Holders (1994).
3. There are two conflict of interest codes in effect: the Code for Public Office Holders (1994) and the Treasury Board Code (1985). It follows that next to all
references to the Code for Public Office Holders in the manual, there will be added the names of both codes (where applicable), and next to all references to public office
holders, there will be added (where applicable) "public servants".
4. When dealing with highly sensitive contracts for the services of individuals, contracting authorities should expand the second clause below to include specific
compliance measures considered necessary, in view of the particular contract.
Conflict of Interest - Additional Concerns
5. The "General Clause" below, must be included as a term in every applicable contract, except for the services of an individual. This clause satisfies the requirements
of both Codes that a former public office holder or former public servant who does not comply with the post-employment measures, is prevented from receiving benefits from
a contract. The General Clause is:
"It is a term of this contract that no individual, for whom the post-employment provisions of the Conflict of Interest and Post-Employment Code for Public Office
Holders (1994) or the Conflict of Interest and Post-Employment Code for the Public Service (1985) apply, shall derive a direct benefit form this contract unless that
individual is in compliance with the applicable post-employment provisions."
6. The "Particular Clause" must be included in every applicable contract for the services of an individual. The modified "Particular Clause" is:
"It is a term of this contract that no individual, for whom the post-employment provisions of the Conflict of Interest and Post-Employment Code for Public Office
Holders (1994) or the Conflict of Interest and Post-Employment Code for the Public Service (1985) apply, shall derive a direct benefit form this contract unless that
individual is in compliance with the applicable post-employment provisions; and that during the term of the contract any persons engaged in the course of carrying out
this contract shall conduct themselves in compliance with the principles in the Conflict of Interest and Post-Employment Code for Public Office Holders (1994) which
are the same as those in the Conflict of Interest and Post-Employment Code for the Public Service (1985), with the addition that decisions shall be made in the public
interest and with regard to the merits of each case. Should an interest be acquired during the life of the contract that would cause a conflict of interest or seem to
cause a departure from the principles, the Contractor shall declare it immediately to the Departmental Representative."
7. In contracting for the services of any individual, contracting authorities should ensure that the contractor is not in a position of potential conflict with
competing or opposing interests of the contractor's other clients, either during the period of or subsequent to the particular contract.
8. Where appropriate, the following clause, which addresses this concern, may be inserted in the contract:
"It is a term of this contract that any persons engaged in the course of this contract and subsequent to it shall conduct themselves in manner such that there is
not and will not be any conflict arising from competing or opposing interest of other clients of the Contractor. Should an interest be acquired during the life of the
contract that would cause a conflict of interest, the Contractor shall declare it immediately to the Departmental Representative."
9. Contracting authorities may expand the preceding clause to include specific compliance measures considered necessary in view of the particular contract.
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