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Code of Conduct for Canadian Representatives Abroad
(Conduct Abroad Code)
- Introduction
- 1 - Authorities
- 2 - Application of Code
- 3 - Legislated Framework
- 4 - Security
- 5 - Canada's Reputation
- 6 - Conclusion
- Annex I - Policies
- Annex II - Resources for Employees
In charting a path, the Government of Canada protects and promotes Canadian values and interests beyond its borders. The Code of Conduct for Canadian Representatives Abroad, or Conduct Abroad Code, has been conceived in this context to provide guidance on the Government of Canada's expectations of its representatives abroad.
The Values and Ethics Code for the Public Service, which provides the foundation for the Conduct Abroad Code, seeks to maintain and enhance public confidence in the integrity of the Public Service. It also serves to strengthen respect for, and appreciation of, the role played by the Public Service within Canadian democracy.
Each representative is responsible for respecting and promoting the Values and Ethics Code; however, an important leadership role is bestowed upon the Heads of Mission (HOMs). Through their presence, conduct and representational work, HOMs create and maintain a good impression of Canada. Additionally, HOMs have specific management responsibilities for the mission and its human resources and must ensure that all abide by the values and ethics of the Public Service. Heads of Mission are supported in this role by the Values and Ethics Division (ZVE) of the Office of the Inspector General (ZID) at the Department of Foreign Affairs and International Trade Canada (DFAIT).
1.1 The Conduct Abroad Code cannot prepare representatives and their managers for every situation that may arise while abroad, which is why lines of communication must remain open and lines of responsibility and accountability must be respected. When unsure of how to manage a delicate situation, or aware of conduct which could compromise the integrity of Canada's reputation, representatives are responsible for raising the situation with the appropriate senior official-usually their manager and the HOM. In cases where the matter involves a representative's manager or HOM, he/she may also choose to review the matter with the Values and Ethics Division at DFAIT or the corresponding division in his/her own department in consultation with their union representative. Every effort will be made to contain such inquiries to those who can best assist the representative and his/her dependents, while protecting Canada's reputation.
1.2 HOMs in turn should ensure that employees have read and understood the Conduct Abroad Code, and should manage actions inconsistent with the Conduct Abroad Code by accessing the range of support provided to missions by Foreign Affairs and International Trade Canada. This includes the Values and Ethics Division, Counselling and Consultation Services (HEC), Staff Relations and Occupational Health and Safety Division (HSS) and the Office of the Inspector General. Bargaining agents can also play an important role in this area. HOMs should highlight the implications of the Conduct Abroad Code in the context of the mission and explain the range of support provided by DFAIT.
1.3 Employees from other government departments are required to also respect their own departmental Code of Conduct. This Conduct Abroad Code is not conceived to replace department specific requirements, but rather compliment existing Codes of Conduct to address the international dimension.
1.4 Where, in the judgement of the HOM and following consultations with the Staff Relations and Occupational Health and Safety Division in DFAIT (HSS), actions inconsistent with the Conduct Abroad Code threaten the integrity or security of Canada's representation abroad, the HOM can recommend the representative's recall.
1.5 The HOM may also initiate an investigation and implement disciplinary measures, up to and including demotion and termination of employment in cases involving employees from Foreign Affairs and International Trade Canada. In cases involving employees from other government departments, the HOM should contact the home department to coordinate the investigation. For further reading on DFAIT's disciplinary policy, please see http://www.tbs-sct.gc.ca/pubs_pol/hrpubs/TBM_11B/discipline_e.asp. Provisions in collective agreements regarding discipline continue to apply and as such, employees are entitled to be represented by a union representative or another person of their choice. Where the actions inconsistent with the Conduct Abroad Code involve an HOM, the responsibility to determine appropriate action rests with the Deputy Minister of Foreign Affairs and International Trade Canada.
1.6 The decision to recall a representative for operational reasons does not in any way represent a disciplinary measure in itself or necessarily trigger disciplinary action, nor does it prejudice the rights afforded to the representative in participating in an investigation or in responding to any disciplinary action. Recall is the prerogative of the Government of Canada, and may be initiated by the HOM, in consultation with the employee's home department if not a DFAIT employee, in order to prevent or limit further damage to Canada's reputation and/or interests.
2.1 The Conduct Abroad Code applies to Canadian representatives, including HOMs, while on diplomatic assignments abroad, whether for temporary duties or multi-year postings. (In the Conduct Abroad Code, the term "representative" refers to Canadian public servants on foreign assignments and their dependents, not to locally engaged staff.) If representatives carry a Canadian diplomatic or official passport while abroad and report to a Head of Mission, the Conduct Abroad Code applies.
2.2 In addition to being subject to the Conduct Abroad Code, individuals who are also public office holders are also subject to the provisions of the Conflict of Interest and Post-employment Code for Public Office Holders.
2.3 As representatives read the Conduct Abroad Code, they should consider how the principles and procedures it describes apply to scenarios they might encounter.
2.4 Questions pertaining to the Conduct Abroad Code may be directed to the Values and Ethics Division (ZVE) of Foreign Affairs and International Trade Canada (DFAIT). For further reading on related topics please consult the Values and Ethics Code for the Public Service at http://www.hrma-agrh.gc.ca/veo-bve/vec-cve/vec-cve_e.asp, the Vienna Conventions, and related policies such as Prevention of Harassment, Security and Discipline on various intranet sites. Represented employees can also consult their bargaining agents for advice.
3.1 The Financial Administration Act
3.1 a) All representatives, including the HOM, are bound by the relevant provisions of Chapter F-11 of the Financial Administration Act (FAA) http://laws.justice.gc.ca/en/F-11/59064.html. These provisions apply not only to the expenditure of public funds and approval of payments in accordance with Sections 32, 33 and 34 of the FAA, but also to the collection or receipt of public funds. Representatives should take careful note of Part IX, Civil Liabilities and Offences, particularly Section 80, which sets out what constitutes an indictable offence liable to a conviction.
3.2 Vienna Conventions
3.2 a) The Vienna Conventions on diplomatic and consular relations provide Canadian representatives abroad, to a greater or lesser extent, with immunity from the jurisdiction of local courts of law. The principles outlined in the Conduct Abroad Code are no substitute for a thorough understanding of the Vienna Conventions and their specific applicability, or limitations thereof, to the status of Canadian representatives and their dependents while abroad. Representatives should be familiar with the Vienna Conventions and review their applicability with mission management upon beginning their assignment abroad. Any question as to their interpretation should be addressed to the Criminal, Security and Treaty Law Division (JLA) of DFAIT. The Conventions are available online at http://laws.justice.gc.ca/en/F-29.4/index.html.
3.2 b) The purpose of the privileges and immunities set out in the Vienna Conventions is not to benefit the individuals concerned but to ensure the efficient performance of the diplomatic or consular posts of which they are members. Nor do such immunities and privileges derive from the possession of a diplomatic passport, but rather by the acceptance by the foreign state of that individual. The prerogative to invoke or waive diplomatic or consular immunities, once granted, rests with the Ministers of Foreign Affairs and International Trade Canada - representatives should not misrepresent themselves as having been delegated this authority.
3.2 c) Under the Vienna Conventions, it is the duty of all representatives and their dependents, even if they are in receipt of such diplomatic or consular immunities, to respect the laws and regulations of the receiving state. If they do not, they can be asked to leave by the host government. Even if the host government does not take action, the Government of Canada will not tolerate abuse of immunities and privileges by its representatives abroad. Should questions arise concerning aspects of compliance with local laws and regulations, they should be referred to the HOM, in consultation with the Values and Ethics Division of DFAIT, for guidance.
3.2 d) Representatives and their dependents should pay close attention to, among other issues, limitations to immunities and privileges as they apply to traffic regulations, commercial activity undertaken by dependents and applicable taxation thereof, the exemption of duties applied to the import of certain goods (such as vehicles) and the disposal of personally owned goods. Representatives shall bring any incident involving local law enforcement authorities to the attention of the HOM as soon as possible, whether this incident involves themselves or their dependents.
3.2 e) Cases of marital or custody disputes are always difficult and present specific and complicated challenges to all parties involved, even more so when the spouse is a local national. The ideal way to settle these disputes is in the Canadian courts: any other approach will result in foreign courts attempting to take jurisdiction over Canadian diplomats or their dependants, contrary to the proper application of the Vienna Conventions. Should such disputes arise, representatives should notify and seek guidance from their assignment officer in DFAIT.
3.2 f) According to Vienna Conventions, consular officers and diplomatic agents are prohibited from engaging for personal profit in "any professional or commercial activity" inconsistent with their diplomatic status in the host country. For dependents of diplomatic personnel wishing to work abroad, they should consult SERV or their HOM, in consultation with the Chief of Protocol and/or the Values and Ethics Division of DFAIT.
3.3 Other legislation
Public servants, including those covered by this Conduct Abroad Code and like all Canadians, enjoy the full range of legal protections under the Canadian Charter of Rights and Freedoms while on diplomatic assignments. The Conduct Abroad Code constitutes a reasonable condition to a posting abroad by Canadian representatives.
4.1 In addition to the oath or affirmation which all federal public service employees take and subscribe to as a condition of their employment, Canadian representatives must be alert to additional security challenges while abroad. It is essential for representatives to understand their personal responsibility for the safeguarding of classified information, for ensuring that they are familiar with the DFAIT Manual of Security Instructions, and for obtaining a briefing prior to departing Canada on any security threats specific to the context of the host country to which they are assigned.
4.2 Representatives must be alert to the very real possibility that hostile intelligence agencies may attempt to exploit not only weaknesses in the physical security arrangements of Canadian missions or carelessness on the part of personnel, but also personal behaviour that offends against local laws or customs or broadly accepted standards of conduct. The various issues the Conduct Abroad Code addresses may ultimately cause more serious security and intelligence threats. For that reason the content of the Conduct Abroad Code as a whole must be considered in the context of potential security threats or hostile intelligence operations. It is equally for that reason that the potential consequences of breaching the Conduct Abroad Code can play a preventative as much as a responsive role in ensuring the integrity of Canadian security interests abroad.
4.3 Any situation encountered by representatives or their dependents likely to have a negative impact on security is to be promptly brought to the attention of the HOM and the mission security officer. Representatives should also familiarize themselves with the Manual of Security Instructions and various other procedure guides available online at http://intranet.dfait-maeci.gc.ca/department/security/menu-en.asp.
5.1 Personal Behaviour
5.1 a) Whatever legal immunities may apply to representatives abroad are counter-balanced by representatives' lack of immunity from intense local public and media scrutiny. Federal public service employees are already familiar with the intersection of public duties and private interests, and are responsible in this regard to uphold the conflict of interest measures of the Values and Ethics Code for the Public Service. Canadian representatives abroad find this intersection exponentially more intense, as their visibility and status as foreign envoys-and by extension their responsibility to uphold Canada's good reputation-accompanies them at all times. So too must the habit of proactively applying common sense in anticipation of public scrutiny.
5.1 b) All representatives are entitled to their privacy. However, it is expected that, when abroad, representatives and their dependents will behave in a manner that reflects the highest standards. Mission facilities, staff, resources, as well as official residences and staff quarters, should not be used for unofficial activities which may negatively affect Canada's reputation. This includes the use of such facilities and resources for private gain. However, dependants may work in official residences/quarters if this does not interfere with official activities and if the work is discrete in nature (for example, telework, piano lessons, writing or editing). The HOM and the Values and Ethics Division in DFAIT can advise in this area.
5.1 c) Commentary to local media in an official capacity should be guided by the Treasury Board Communications Policy http://www.tbs-sct.gc.ca/pubs_pol/sipubs/comm/siglist_e.asp. Commentary to the media or publication of original material, undertaken in the private capacity of the representative, shall be strictly guided by their departmental policy, or the Policy on Publications and Commentary for Personal Attribution by Canada-Based Employees http://intranetapps/BCP/faq/index_e.asp?CaId=63&PgId;=429 in the case of those who work for DFAIT.
5.1 d) While ensuring that the personal behaviour of representatives and their dependents respects local laws and complies with Canadian law and the Values and Ethics Code for the Public Service, in the spirit of the Conduct Abroad Code, attention should be paid to questions of illicit use of cyberspace, substance abuse, financial matters and traffic infractions. The Canadian government has a zero-tolerance policy toward impaired driving by its representatives abroad (http://canada.justice.gc.ca/en/ps/voc/imp_driv.html). Representatives are of course, entitled to enter into contractual arrangements with third parties while on foreign assignments but should meet personal financial obligations (i.e. local bills) in a timely manner, as well as ensure the resolution of local financial obligations prior to completing their assignments.
5.2 Cross-Cultural Issues for Canadian Representatives
5.2 a) Canadians enjoy the rich diversity of Canada's bilingual and multicultural society. This is all the more reason why Canadian representatives, while promoting Canada's multicultural identity abroad, should at all times communicate and behave in a manner that respects local culture and values while honouring Canadian values.
5.2 b) Every country has its distinct culture with its own values and customs. These particularities are subtle and at times complex, and include behaviour that go beyond customary dress codes or local rules of etiquette. Representatives are expected to make an effort to understand local culture, and before arriving on an assignment abroad, should familiarize themselves with the customs and practices of the host country. Special attention should be paid to the implications of these customs and practices for relations with locally engaged staff. Among other resources available, the Centre for Intercultural Learning (http://www.dfait-maeci.gc.ca/cfsi-icse/cil-cai/home-en.asp) of the Canadian Foreign Service Institute provides services including pre-departure sessions on intercultural effectiveness, communication and professional and social behaviour abroad.
5.2 c) Representatives are often confronted with the challenge of receiving unsolicited gifts, hospitality or benefits within a cultural context where refusing the gift may cause unintended embarrassment to a local host, official or otherwise. In spite of this challenge, representatives shall not only avoid connections or obligations that might influence the objective performance of their duty, but shall also avoid being seen to have any. The HOM and the Values and Ethics Division of DFAIT can provide guidance in this area.
5.2 d) This restriction does not, however, preclude the acceptance of small personal gifts which may be a normal expression of courtesy or hospitality and are not such as to bring suspicion upon the representative's objectivity. Should the gift be of more than nominal value, and should there be no opportunity to dissuade the donors or return the gift, the HOM in consultation with the Values and Ethics Division in DFAIT shall reach a decision regarding its disposition in line with the Values and Ethics Code for the Public Service. Employees of other government departments must also conform to their own departmental policy on the acceptance of gift, where they exist.
The community of Canadian representatives abroad is collectively responsible for the reputation of Canada. The Conduct Abroad Code is a condition of international posting. This guarantees the Government's continued confidence in their ability to protect and promote Canadian values and interests abroad.
- Canada's International Policy Statement-A Role of Pride and Influence in the World
- Communications Policy
- Financial Administration Act (FAA)
- Guidelines for Discipline
- Impaired Driving
- Manual of Security Instructions of DFAIT
- Prevention of Harassment Policy
- The Values and Ethics Code for the Public Service
- Vienna Conventions
- Policy on Publications and Commentary for Personal Attribution by Canada-Based Employees
- Guidelines on the Acceptance of Gifts, Hospitality and Other benefits
Home department Code of Conduct for employees of other government departments
Annex II - Resources for Employees
| Type of Question or Concern | Who to Contact |
| Conduct Abroad Code | HOM or Values and Ethics Division |
| Vienna Conventions | Criminal, Security and Treaty Law Division (JLA) |
| Activities of dependants | HOM, in consultation with Chief of Protocol and/or Values and Ethics Division |
| Security | HOM and the mission security officer |
| Customs and practices abroad | HOM and Centre for Intercultural Learning (CFSC) |
| HOMs managing employee actions inconsistent with the Conduct Abroad Code | Values and Ethics Division
HR or Values and Ethics Division of home department |
| Uncertainty as to how to manage a delicate situation, or awareness of conduct which could compromise the integrity of Canada's reputation | Manager or HOM
Values and Ethics Division (when it involves a Manager or an HOM) HR or Values and Ethics Division of home department |
| Departmental Code of Conduct (for employees from other government departments) | Departmental division responsible for the departmental Code of Conduct |
