Journalistic Standards and Practices
V. PERSONNEL STANDARDS
2. CONFLICT OF INTEREST 4
As a Crown Corporation and the national public broadcaster, the Canadian Broadcasting Corporation is very much in the public eye. All employees of the CBC, therefore, have an obligation not simply to obey the law but to act in a manner so scrupulous that it will bear the closest public scrutiny. No conflict should exist or appear to exist between the private interests of Corporation employees and their official duties. Upon appointment to office, and during the term of their employment with the Corporation, employees are expected to arrange their private affairs in a manner that will prevent conflict of interest from arising.
The Canadian Broadcasting Corporation's policy and guidelines on conflict of interest recognize five basic principles:
(a) The law requires employees to place, and appear to place, the interests of their employer above their own interests.
(b) Public funds must be spent with prudence and probity, and the CBC's reputation must be protected.
(c) The integrity of any organization ultimately is shaped by the individual integrity of each of its employees, in their work and outside.
(d) Decisions by the Corporation that affect employees in conflict of interest situations must not be, nor appear to be, arbitrary. Such decisions must seek to strike a fair balance between protecting the legitimate interests of the Corporation and those of the employees concerned.
(e) The duty to disclose and to remove conflicts of interest rests with the employee.
(a) The Corporation requires compliance with its conflict of interest principles by all staff employees, by all contract employees unless contractually excluded, and by freelancers when contractually required. Contractual provisions that are in conflict with this policy will be reviewed as contracts expire and are renegotiated.
(b) Unique and specialized situations may give rise to the issuance of specific rules covering those situations.
(c) CBC approval may be withdrawn if any previously approved outside or extra activity, because of changing circumstances or for other valid reasons, is judged by the Corporation to be in violation of this policy.
(d) Violation of any of the provisions herein may lead to disciplinary action, including dismissal, termination of contract and possible legal action.
(e) Members of the Board of Directors and other Governor-in-Council appointees.
Every Governor-in-Council appointee qualifies as a "Public Office Holder" as defined in the federal government Conflict of Interest and Post-Employment Code for Public Office Holders, is subject to the applicable guidelines established therein, and is expected to accept and abide by the same.
In order to assist with the identification and avoidance of conflict of interest situations, the Corporation has set out the following guidelines.
If an employee, acting reasonably and in good faith, concludes at any time that there is a conflict of interest or that there are reasonable grounds for a perception of conflict of interest, then the employee has a duty to disclose the matter to his or her immediate supervisor and to remove the conflict.
A written record of the disclosure and disposition of the potential conflict of interest must be maintained by both the employee and the supervisor.
2.4.2 USE OF POSITION AT THE CBC
(a) Employees may not use Corporation premises, equipment, supplies or the corporate services of other CBC employees in furthering their personal interest.
(b) Employees must not use their positions to further their personal interests.
(c) If an employee, in the normal conduct of duties and responsibilities with the Corporation, is faced with having to make a decision that involves, directly or indirectly, the hiring, engagement on contract, evaluation, discipline, promotion, reward or any other form of discretionary control over family members or relatives (as defined in the section on definitions), then that employee must refer the decision to his or her immediate supervisor and may not make a recommendation with regard to such a decision.
(d) Employees must not accord, in the performance of their official duties, preferential treatment to any person, be they relatives, friends or organizations in which they or their relatives or friends have interest, financial or otherwise. At the same time, neither should such individuals or organizations be disadvantaged because of their relationship to an employee of the Corporation.
(e) Confidential information and material entrusted to and/or developed by employees in the course of CBC employment must not be used for employees' personal advantage either during or after their employment with the Corporation.
(a) Employees may not work, on a paid or unpaid basis, for organizations considered by the Corporation to be in competition, or on outside projects that are known at the time of participation to be intended for use by competing organizations.
In exceptional circumstances, management may authorize such outside work if there is a recognizable benefit to the Corporation: for example, employee skill improvement or enhancement of the Corporation's image in the community.
CBC/Radio-Canada journalists may not express their personal opinions in outside publications or when speaking through other media outlets. If so authorized by management, however, employees may make contributions in an analytical or descriptive capacity to outside publications, or during appearances on media outlets, provided that proper credit is given to CBC/Radio-Canada and the text, or appearance, has received the approval of management.
(b) Employees may not trade on their positions in or their connections with the Corporation for private personal gain except in situations for which they have obtained prior written approval as provided for in the section on exceptions.
(c) Employees may not perform services related to their professional or corporate specialty for any outside individual or company without prior approval by the president or any officer designated by him or her for that purpose. Where such work or employment comes within the provisions of an applicable collective agreement, the provisions of that collective agreement will apply.
(d) In any outside employment and activities, employees may not act as representatives of or spokespersons for the Corporation unless they have obtained prior approval from their supervisor.
(e) Outside employment and activities must not directly restrict employees' availability to, or indirectly impair their efficiency with, the Corporation.
(f) Employees may serve on boards of directors of voluntary or professional associations or organizations as long as they do not trade on their position or connections in the Corporation. This policy is not intended to restrict the participation of employees in community or professional activities or organizations.
(g) Should an employee receive an offer that might create a real or apparent conflict of interest, it is his or her duty to immediately disclose such offer to his or her supervisor.
(h) Employees who leave the Corporation shall not take improper advantage of their previous office.
2.4.4 PERSONAL BUSINESS AND FINANCIAL INTERESTS
(a) Employees should not invest in a company that might have an interest, direct or indirect, in any Corporation contract, except in the case of a widely held public company whose dealings with the Corporation do not represent a substantial portion of its total business.
(b) Employees should not, nor appear to, make or influence a commitment with a company engaged in or affected by contracts or orders placed by the CBC, if the employees have direct or indirect interest in that company.
(c) Employees may not serve on the board of directors of any company that might have an interest, direct or indirect, in any Corporation contract, or that may benefit from any information to which the employees are privy by virtue of their employment with the Corporation.
(d) Employees are required to disclose, in writing, to their immediate supervisor all business, commercial or financial interest, where such interest might conceivably be construed as being in actual, apparent or potential conflict with their duties to the Corporation.
(e) Employees must not place themselves in a position where they could derive any direct or indirect benefit or interest from any corporation contracts.
2.4.5 GIFTS AND OTHER BENEFITS
(a) Gifts, benefits, money or other special considerations offered to CBC employees to influence or appear to influence a CBC decision must be refused.
(b) Only gifts or benefits of modest value distributed as advertising or goodwill gestures, or modest hospitality offered as a general courtesy during the conduct of normal business, may be accepted by CBC employees. Acceptance of such offers must be free of obligation on the part of the Corporation and must not influence, nor appear to influence, subsequent business decisions.
(c) Offers of questionable acceptability should be refused or referred for guidance to the employee's supervisor.
(d) Suppliers of goods and services to the Corporation may not be solicited to provide gifts or other financial assistance for employee activities.
(a) Employees may not engage in activities likely to bring the Corporation into disrepute.
(b) Employees may not take a stand on public controversies if, by doing so, the Corporation's integrity would be compromised. In exceptional cases, persons engaged expressly for their reputation in a particular subject may be exempted from the prohibition against the taking of a stand on public controversies, by inclusion of a clause to that effect in their individual contracts.
The president (or his or her delegate) may permit exceptions to the application of the provisions of this policy if the interests of the Corporation are clearly better served.
The following procedure for authorization of exceptions should be followed:
(a) All requests for exceptions must be accompanied by reasons and be submitted in writing to the president (or his or her delegate).
(b) Reasons for granting or refusing exceptions will be made known to the affected parties, in writing.
(c) When the president (or his or her delegate) grants an exception, he or she will do so in writing to the requesting employee and his or her supervisor, and such written approval will include the period of time for which the exception is authorized.
(d) Documents substantiating the granting or refusals of exceptions shall be kept in the president's office.
FAMILY MEMBERS AND RELATIVES
Spouses, brothers and sisters, parents, children, grandparents, aunts, uncles, nephews, nieces, grandchildren, parent(s)-in-law, brothers and sisters-in-law, children-in-law, live-in partner(s).
The Human Resources Department is responsible for the administration of this policy. It will provide advice to employees and to management on the interpretation and application of the policy's provisions.
A supervisor who requires assistance in the adjudication of a conflict of interest situation, may seek the advice and assistance of the Human Resources Department and may, in situations not precisely addressed by the policy, refer the matter to senior management for a ruling. If necessary, the president's office may become involved, in which case independent outside advice may be sought before reaching a final decision.
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4. Human Resources Policy No. 1.6 effective Nov. 1990
