Annex A – Definitions

A conflict of interest arises when the person employed have private interests that could influence the performance of their official duties and responsibilities or in which they use their position for personal gain. It can be:

Discrimination involves any action or decision that results in unfair or negative treatment of a person based on prohibited grounds such as race, national or ethnic origin, color, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, and conviction for an offense for which a pardon has been granted or a record suspension has been ordered.

Misconduct refers to any action, decision, remarks or behavior deliberate or not by an individual that violates an act, regulation, rule, departmental or Treasury Board Secretariat policy, collective agreements, conditions of employment, approved procedure, reasonable and lawful management request, or the Values and Ethics Code of the Department of Justice. Examples include unauthorized absence from work, insubordination, and tardiness.

The severity of misconduct can vary, but it generally involves actions or behaviours that are not considered serious enough to threaten the integrity of the organization as a whole. It may nonetheless warrant administrative or disciplinary action depending on the context, frequency, and impact of the behaviour.

A fact-finding exercise is a limited scope assessment to identify the issue and clarify relevant facts, gathering information before deciding whether and investigation is necessary.

An investigation involves gathering and analyzing information related to an incident of alleged misconduct or wrongdoing to address any risk of harm and prevent future occurrences.

A disciplinary process is a structured process to address employees who have violated departmental processes or policies, involving a series of steps.

A grievance is a written complaint that can be filed by an individual on their own behalf, by a bargaining agent representative on behalf of a group, or by a bargaining agent or employer in the case of a policy grievance.

Wrongdoing: The PSDPA defines wrongdoing as one or more of the following:

  1. a contravention of any Act of Parliament or of the legislature of a province, or of any regulations made under any such Act, other than a contravention of section 19 of the PSDPA;
  2. a misuse of public funds or a public asset;
  3. a gross mismanagement in the public sector;
  4. an act or omission that creates a substantial and specific danger to the life, health or safety of persons, or to the environment, other than a danger that is inherent in the performance of the duties or functions of a public servant;
  5. a serious breach of a code of conduct established under section 5 or 6 of the PSDPA; and
  6. knowingly directing or counselling a person to commit a wrongdoing set out in any of paragraphs (a) to (e).