Code of Conduct

• Mandate and Mission
• Accountability
• Public Service Values
• CBSA Values
• Leadership Conduct
• Expected Standards of Conduct
• Disclosure of Information Concerning Wrongdoing in the Workplace
• Disciplinary Action for Breaches of the Code
• On a final note...
• Appendix

Mandate and Mission

The mandate of the Canada Border Services Agency (CBSA) is to provide integrated border services that support national security and public safety priorities and facilitate the free flow of persons and goods, including animals and plants, which meet all legislative requirements.

The mission of the CBSA is to ensure the security and prosperity of Canada by managing the access of people and goods to and from Canada.

Accountability

You are responsible for behaving ethically and in keeping with the values and standards set out in the Values and Ethics Code for the Public Service, which forms part of the conditions of employment in the Public Service of Canada. The CBSA Code of Conduct is an extension of the Values and Ethics Code for the Public Service and both codes apply to all public servants working at the CBSA.

Public Service Values

Democratic Values:

Helping the Minister, under law, to serve the public interest.

Professional Values:

Serving with competence, excellence, efficiency, objectivity and impartiality.

Ethical Values:

Acting at all times in such a way as to uphold the public trust.

People Values

:

Demonstrating respect, fairness and courtesy in their dealings with both citizens and fellow public servants.

CBSA Values

Integrity:

We exercise our authority in a principled, open and fair manner. We will accept responsibility for our actions in order to build and maintain a reputation of trustworthiness and accountability.

Respect:

We show the utmost appreciation for the dignity, diversity and worth of all people. We do this by listening to others to understand their positions and by behaving in a just, courteous and reasonable manner. We respect the privacy of Canadians and strongly uphold the Canadian Charter of Rights and Freedoms.

Professionalism:

We set high standards of achievement for our employees and strive for the provision of competent, quality service. In particular, we are innovative and harness smart technology to perform our mission.

Leadership Conduct

We can each be a model for others and, as such, be a leader. You are expected to demonstrate leadership by respecting the CBSA Code of Conduct.

You are expected to:

• provide effective, responsible and fair service to all people;
• exemplify public service values and the CBSA's corporate values;
• maintain open, positive communications and working relationships; and
• respect equity and diversity in all their dimensions.

Managers shall ensure that all employees under their responsibility are familiar with the Values and Ethics Code for the Public Service and the CBSA Code of Conduct. Managers should also recognize excellence and encourage personal and professional development in a learning environment.

Expected Standards of Conduct

The following section outlines in general terms the main standards of conduct to be followed, at a minimum, by all CBSA employees. The standards of conduct will naturally evolve over time, in response to and in keeping with changes to the service the CBSA provides.

Appearance

General policy

You must ensure that your appearance and dress reflect the professional image of the CBSA and the public service. You are expected to be neat, clean and well groomed. Your appearance and dress must be consistent with the duties that you perform and must not interfere with the work performance of other employees.

Uniformed employees

Uniformed employees must follow the CBSA Uniform Policy and Standards of Appearance.

Care and Use of Government Property and Valuables

You must not use property, equipment, materials, vehicles or facilities purchased, used or leased by the CBSA for other than official purposes, unless you have received proper management authorization. This includes, but is not restricted to, vehicles, buildings, space, premises, facilities, uniforms, files and documents, office equipment and supplies, computers, software, video equipment, telecommunications devices such as cell phones, government credit cards, telephone calling cards and defensive equipment like pepper spray, handcuffs, batons and duty firearms.

You cannot transport anyone in a government-owned or leased vehicle, aircraft or vessel unless that person's presence is connected with an official assignment, authorized by management, or it is in the best interests of the CBSA.

You are expected to account for and protect any government property and valuables that you possess or control. If any item is lost, stolen or damaged, you must immediately report the incident to your manager.

Badges, official identification and officer or office stamps

You must use badges, official identification and officer or office stamps only for the purposes for which they were intended and in the best interests of the CBSA. A government identification card must be displayed on government premises when you are asked to identify yourself as a government representative.

You are prohibited from using your job title, badge or any other official identification to obtain or appear to obtain any privilege, favour for yourself or others, or to do anything that is illegal, improper or against the best interests of the CBSA. Such infractions will be considered serious and will result in disciplinary action.

If your badge, stamp or official identification is lost, stolen or damaged, you must immediately report the occurrence to your manager. If you are temporarily or permanently reassigned and your new functions do not require the use of a badge, stamp or official identification, you must return them to your manager.

Intellectual property

You cannot market or sell anything created, designed, developed or produced as part of your job, even if you, or any other person, have improved or modified it outside working hours.

Returning government property and valuables when leaving the job

Unless you have received proper management authorization, you must return all government property and valuables received as part of your duties when you leave your position or when you are so requested by a proper authority.

Confidentiality and Disclosure of Information

You must ensure that you comply with all legislation, directives and procedures relating to the collection, use, sharing, storage, disclosure, distribution and disposal of any personal information pertaining to individuals or commercial information pertaining to businesses.

When you took the Oath of Office and Secrecy/Solemn Affirmation of Office and Secrecy you swore or affirmed that you would not disclose or make known any matter that comes to your knowledge by reason of your employment. You must keep in strict confidence all information you obtain about the CBSA's clients and all other official information to which the public does not have access. This includes information about policies, programs, practices and procedures to which the public does not have official access.

You may disclose this type of information to clients or designated representatives only if specifically authorized by legislative or departmental guidelines.

You may access official information only if authorized and required for work. Under no circumstances may you use this information for personal use, gain or financial benefit for yourself, your relatives or anyone else.

You are required to safeguard official information and must use, process, store and handle designated or classified information only for purposes specified by the CBSA. You may not remove, hide, change, mutilate, copy or destroy any official information.

You are prohibited from destroying, altering, falsifying or concealing a record, or directing anyone to do so, with the intent of obstructing the right of access set out in section 67.1 of the Access to Information Act or disclosing any personal information without proper authorization as set out in the Privacy Act.

Consult your manager if you are uncertain about how to treat specific information.

When you leave the employment of the CBSA, you cannot take with you or retain any CBSA records or documents, including paper documents, CDs and diskettes with electronic information, video, etc., unless authorized by your manager.

Providing testimony or information

You must cooperate and assist in the conduct of governmental investigations such as an investigation conducted by Internal Affairs Division or a Health and Safety Officer who is carrying out his or her duty under the Canada Labour Code. You must provide information and complete access to the CBSA information systems, documents and records to an investigator to the extent that such access is legally permitted.

You are required to give testimony on behalf of the CBSA or the Crown in court and/or before any administrative tribunal or panel. While you are obligated to assist in investigations ongoing under Government of Canada legislation, you should consult your manager before assisting a provincial or foreign authority.

Conflict of Interest

You must comply with the Values and Ethics Code for the Public Service. This means that you must avoid and prevent situations that could give rise to a real, apparent or potential conflict of interest. If a conflict does arise between your private interests and your official duties, the conflict should be resolved in favour of the public interest. You must never act in a manner that is damaging or potentially damaging to the CBSA or the Public Service of Canada.

You cannot use your position to influence or bypass CBSA procedures for personal gain or the benefit of your family, friends, colleagues or anyone else.

You must report to your manager all circumstances that may place you in a situation of real, apparent or potential conflict of interest. If you are unsure or do not know if your actions, activities or situation constitutes, or could appear to constitute, a conflict of interest, ask or report it to your manager in writing by submitting a confidential report.

Consumption of Intoxicants and Smoking

You must never report to work under the influence of alcohol or illegal drugs. You are not permitted to consume alcohol or illegal drugs while on duty, in uniform (on or off-duty), operating an official vehicle, or on any premises where the CBSA conducts its business.

However, it is recognized that, on occasion, consumption of alcohol may take place on CBSA premises in connection with the celebration of special events. Such activities must be authorized by management and take place in areas not open to the public. Following these activities, you must be able to carry out your responsibilities effectively. Impairment due to the use of alcoholic beverages will not be tolerated.

You are not permitted to smoke on duty (unless you are on a rest period) or in any building where the CBSA conducts its business.

Contact with the Public and the People You Work With - Sensitivity, Respect and Responsiveness

At all times, you must be courteous and respectful towards the public and people you work with, even under difficult conditions such as in times of personal stress and in the face of provocation.

You must never make abusive, derisive, threatening, insulting, offensive or provocative statements or gestures to or about another person.

You are prohibited from engaging in any discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability or conviction for an offence for which a pardon has been granted.

It is recognized that, at times, it is difficult to work with the public and that learning how to deal with difficult people is part of the job. At times, clients' actions may be abusive or threatening or even result in personal assault. You may have to resort to reasonable use of force in certain situations. However, you must exercise the use of reasonable force in accordance with training procedures, CBSA policies and the Criminal Code of Canada. The CBSA will provide you with protection, support and assistance in accordance with the policy on the Indemnification of and Legal Assistance for Crown Servants. The policy provides for both indemnification and legal assistance with respect to liability arising from circumstances in which you "acted honestly and without malice within the scope of [your] duties or employment and met reasonable departmental expectations."

You must promptly report full details of any incident to your manager and cooperate in any subsequent investigation.

Electronic Network Access and Uses

If you have access to, or use the CBSA's computer systems, equipment or software, you must make every effort to protect the CBSA from any possible threats to security by, in particular:

• guarding against accidental or deliberate destruction of data and equipment; disclosure of sensitive information, access identification and password to your system; theft and corruption; and exposure to viruses;
• following the CBSA's policies and procedures regarding the access restrictions to data banks and the posting of information;
• following the CBSA's policies and procedures regarding the purchase and use of software and other systems use, including complying with security restrictions; and
• reporting any breach of computer security, policies and standards to your manager.

CBSA's computer systems or those of external agencies accessed via the CBSA's network, software, equipment, networks, Internet, intranet and e-mail are for authorized business purposes.

However, limited personal use of the Internet, intranet and e-mail is permitted provided it complies with all related legislation, policies and guidelines, does not affect your productivity or that of your colleagues, and imposes no storage burden on the CBSA computer systems. Examples of acceptable limited personal use include professional activities, career development, or reading or writing a brief e-mail after hours or during a lunch break.

Some examples of misconduct related to the use of electronic networks that are offences under the Criminal Code of Canada are:

• knowingly viewing, downloading, possessing or distributing child pornographic images or material;
• communicating images, material or e-mails containing offensive language or inappropriate comments that are likely to injure the reputation of any person by exposing that person to hatred, contempt or ridicule, or that are designed to insult the person;
• infringing copyright; or
• hacking and trying to defeat the security features of electronic networks.

Authorized officers may access restricted sites, such as those with pornography or hate propaganda, when conducting authorized investigations or intelligence probes or when researching and developing CBSA-sanctioned training material. CBSA officers may be required to view all types of material to make determinations with respect to admissibility.

Financial Matters

Borrowing or lending money

Employees must not:

• borrow money from a client;
• present a personal cheque to be cashed by a client; or
• ask any employee to sign a financial instrument, as an endorser or co-signer, to secure an amount of money being lent or borrowed, unless that employee is a spouse or common-law partner (or relative).

Care of money, credit cards and items having a financial value

You must follow established procedures and reasonable standards of care in accounting for, safeguarding and using government money, credit cards and any type of item having a financial value such as phone cards in your possession or control.

You must report immediately to your manager if monies, credit cards or any type of item having a financial value is misplaced, lost or stolen, while in your care.

Endorsing cheques

You are prohibited from endorsing cheques, both personal and business, made payable to "cash" issued by customs-house brokers, importers or their agents. If you endorse such a cheque, you may find yourself contributing to a possible misappropriation of business funds.

Illicit Gambling

You are not permitted to gamble on CBSA premises or while on duty. The Treasury Board Policy on the Use of Electronic Networks prohibits the use of computer systems and electronic networks for the purpose of illicit gambling.

Draws, usually called "50-50" draws, i.e., collections taken up by public servants to establish a sum of money, half of which would go to the winner of the draw and the other half to a charity, are not covered by the Values and Ethics Code for the Public Service because they do not constitute solicitation of the private sector. The draws are social and voluntary activities, shared by public servants. However, you should be aware that draws of this type are regulated by provincial authorities and subject to licensing requirements.

Legal provisions and fraud

You must comply with all legal provisions governing financial matters and safeguard against any potential situations of fraud or inappropriate use of funds as stated in the Financial Administration Act and the Criminal Code of Canada.

You must tell your manager immediately if you have knowledge of, or are aware of, any violation or fraud.

You are prohibited from conspiring or colluding to defraud the Crown, or providing the opportunity to another person to do so, or intentionally permitting a person to contravene the law.

Gifts, Hospitality and Other Benefits

In accordance with the Values and Ethics Code for the Public Service, you must not accept or solicit any gifts, hospitality or other benefits that may have a real or apparent influence on your objectivity in carrying out your official duties or that may place you under obligation to the donor. This could appear as influencing or potentially influencing your judgment, or calling into question your professional integrity or the integrity of the CBSA.

If a gift is offered to you, you should advise your immediate supervisor in writing, regardless of whether you accept or refuse the gift, hospitality or benefit.

Acceptance of gifts, hospitality and other benefits is permissible if they:

• are infrequent and of minimal value such as low-cost promotional objects, simple meals or souvenirs with no cash value;
• arise out of activities or events related to official duties of the public servant concerned;
• are within the normal standards of courtesy, hospitality or protocol; and
• do not compromise or appear to compromise your integrity or that of the CBSA in any way.

In case of doubt, you should decline the gift, hospitality or other benefits.

Where it is impossible to decline gifts, hospitality and other benefits that do not meet the principles set out above, or where it is believed that there is sufficient benefit to the CBSA to warrant acceptance of a certain type of hospitality, you must discuss it with your manager, who will seek written direction from the manager delegated to make decisions on conflict of interest. You will then be notified in writing whether the gift, hospitality or other benefit is to be declined or retained by the CBSA, donated to charity, disposed of or retained by you.

Solicitation of Gifts, Hospitality and Other Benefits

At no time should you solicit gifts, hospitality, other benefits or transfers of economic value from a person, group or organization in the private sector who has dealings with the government.

In the case of fundraising for charitable organizations, you should ensure that you have prior authorization from your manager, who will seek written authorization from the manager delegated to make decisions on conflict of interest, to allow you to solicit donations, prizes or contributions in kind from external organizations or individuals.

Harassment and Discrimination

Harassment is any objectionable act, comment or display that demeans, belittles or causes personal humiliation or embarrassment, and any act of intimidation or threat.

Everyone is entitled to work in an environment free from harassment and discrimination. Harassment and discrimination affect workplace and individual well-being and will not be tolerated.

While management is responsible for fostering a work environment free from harassment, it is everyone's responsibility to treat fellow employees with fairness, respect and dignity.

You are prohibited from engaging in any improper conduct that is directed at and offensive to another person or persons in the workplace, and that you know or ought reasonably to know will cause offence or harm.

You are prohibited from engaging in any discriminatory or harassing behaviour, action or inaction that could harm an employee's working relationships, job security or general well-being at work. This includes discrimination or harassment of CBSA employees that may happen outside the workplace or outside working hours, that harms an employee's working relationships, job security or general well-being at work. Harassment is a serious matter and the filing of frivolous or unsubstantiated harassment claims is not acceptable.

If you witness harassment or discrimination or are being harassed, you should speak to your manager and seek his or her support in this situation.

Hours of work

Your hours of work and rest periods must be consistent with the provisions of your collective agreement.

You must be punctual so you can be relied upon by the people for whom you work or for the people who work for you. Whenever you need to change your regular work schedule, such as to request leave, leave work early or change your break or meal periods, you must do so in accordance with the established procedures in your workplace.

If you are to be absent from work because of illness or emergency, you need to explain the circumstances to your supervisor and inform him or her in advance of when you expect to return to work.

Off-duty Conduct

General

Your off-duty conduct is usually a private matter. However, it could become a work-related matter if it:

• harms the Agency's reputation or program;
• renders you unable to perform a requirement of your duties;
• leads other employees to refuse, be reluctant or be unable to work with you;
• renders you guilty of a serious breach of the Criminal Code of Canada and thus renders your conduct injurious to the general reputation of the Agency and its employees. For example, the nature of the criminal charges may be incompatible with the functions of a peace officer;
• makes it difficult for the Agency to manage its operations efficiently and/or to direct its workforce.

You must report to your manager as soon as possible if you are arrested, detained or charged with a violation in Canada or outside Canada of laws, regulations, a federal statute or the Criminal Code of Canada related to your official duties. You must report a traffic violation or highway code ticket received during the use of a government-owned or leased vehicle.

Political activity

You may engage in any political activity so long as it does not impair, or is not perceived to impair, your ability to perform your duties in a politically impartial manner. You should consult your manager if you are unsure whether the political activity you want to engage in is appropriate.

When taking part in political activities, you must ensure that the nature of your participation does not conflict with your ability to:

• remain loyal to the Government of Canada;
• maintain an impartial and effective public service; and
• be politically neutral, in consideration of your position and visibility as a CBSA employee.

In order to be a candidate in a federal, provincial or territorial election, you have to request and obtain a leave of absence without pay from the Public Service Commission.

In order to be a candidate in a municipal election, you have to request and obtain permission from the Public Service Commission.

Publicly Commenting for the CBSA

Only authorized spokespersons can issue statements or make comments about the CBSA's position on a given subject. If you are asked for the CBSA's position, you must refer the inquiries, through your manager, to the Communications and Consultation Directorate or the authorized CBSA spokesperson.

Public Criticism of the CBSA

The duty of loyalty owed by public servants to the Government of Canada encompasses a duty to refrain from public criticism of the Government of Canada. Failure to observe the duty of loyalty may justify disciplinary action, including termination of employment. However, the duty of loyalty is not absolute and public criticism may be justified in certain limited circumstances. For further guidance, refer to the Duty of Loyalty - Summary, a paper written by the Public Service Agency of Canada.

CBSA employees must exercise caution in ensuring that public statements:

• do not undermine or compromise the integrity or security of CBSA operations or national security;
• do not impair or conflict with their ability to carry out duties;
• do not call into question their impartiality in carrying out their duties; or
• do not impair the ability of the CBSA in carrying out its mandate.

If in doubt, you are strongly encouraged to discuss the matter with your manager.

You should use internal means to bring any criticisms you may have to the attention of CBSA management.

Safety and Security

While on the job, you must observe safety and security standards, rules and procedures established for the workplace and the use of equipment. You must report to your manager promptly, when there is a threat or any work-related hazard, accident or injury to yourself or other employees.

You must immediately notify your manager or a security officer if you become aware of:

• a security infraction;
• a negligent or criminal act;
• an unsafe or hazardous condition at work;
• an accident or injury to yourself or other employees; or
• a failure on the part of any employee to observe workplace safety and security standards, rules and procedures.

Terms and Conditions of Employment

You must observe the terms and conditions of employment contained in your collective agreement, as well as those set out in CBSA and Treasury Board policies.

Unions and Similar Employee Associations

The CBSA respects the right of employees to belong to employee organizations (unions) and to take part in their legal activities.

The Public Service Labour Relations Act (PSLRA) contains prohibitions against:

• intimidating employees in the creation or administration of employee organizations;
• canvassing for members on the employer's premises during the working hours of an employee;
• restraining employees from becoming members of an employee organization;
• discriminating against a member of an employee organization in regard to employment or to any condition of employment, for example; or
• intimidating an employee, by threat of dismissal or any other kind of threat, to cause the employee to abandon his or her grievance or refrain from exercising his or her right to present a grievance.

Disclosure of Information Concerning Wrongdoing in the Workplace

Wrongdoing is defined as the following:

• the contravention of an Act of Parliament or of the legislature of a province, or of any regulations made under any such Act;
• the misuse of public funds or assets;
• gross mismanagement in the federal public sector;
• a serious breach of a code of conduct;
• an act or omission that creates a substantial and specific danger to the life, health and safety of Canadians or the environment; and
• knowingly directing or counselling a person to commit a wrongdoing.

When you have reasonable grounds to believe that another person has committed a wrongdoing in the workplace, you should first talk to your manager. As a last resource at the Agency, you can disclose this information to the CBSA Senior Officer for the Disclosure of Wrongdoing in the Workplace with confidence that you will be treated fairly. If the matter is not appropriately addressed at this level or you have reason to believe it could not be disclosed in confidence within the Agency, it may be referred to the Public Sector Integrity Commissioner.

When you disclose information concerning wrongdoing, you are expected to:

• follow the internal processes established to raise instances of wrongdoing in the workplace; and
• respect the reputation of individuals by not making trivial or vexatious disclosures of wrongdoing or by making disclosures in bad faith.

All managers and staff have a responsibility to ensure that allegations or evidence of misconduct or malfeasance are reported immediately.

It is the policy of the CBSA that all allegations or evidence of employee misconduct or malfeasance must be investigated to ensure that the professional reputation of CBSA employees and the integrity of CBSA operations are protected. Appropriate measures must be taken as a result of misconduct or malfeasance.

When an activity, statement or documentation comes to your attention and you think it may involve or constitute improper (or criminal) activity, you must report the incident to your manager immediately.

Disciplinary Action for Breaches of the Code

CBSA employees who are found to have breached the Values and Ethics Code for the Public Service, the CBSA Code of Conduct or CBSA policies may be subject to disciplinary measures based on the seriousness of the misconduct and in accordance with the CBSA's Discipline Policy. In cases of serious misconduct, the disciplinary action could be termination of employment. Some cases of misconduct may result in an employee being found guilty of an indictable offence and liable, on conviction, to fines and/or imprisonment based on legislative and regulatory requirements.

On a final note...

This Code was created to guide your conduct as a public servant and a CBSA employee. However, it is impossible to cover all the situations you may face in the performance of your duties. In such situations, you must determine the appropriate course of action, based on common sense and public service values. Asking yourself the following questions should help you to make the right decision:

• Is what I want to do legal and consistent with CBSA/public service policies?
• Is what I want to do consistent with CBSA/public service values?
• What are the consequences of the action I am about to take or the decision I am about to make?
• If I do it, will I feel comfortable?
• How will the media or general public perceive this action?

Remember:

• If you know it is wrong, or it "feels" wrong, don't do it!
• If you are not certain, ask questions.
• Continue to ask until you get an answer.

Appendix

Reference Documents

Following is a list of reading resources that relate to the CBSA Code of Conduct. It is by no means exhaustive, but it includes the most relevant material.

CBSA Policies and Directives

• CBSA Uniform Policy and Standards of Appearance
• Discipline Policy
• Arming Initiative - Related policies
• Policy on the Use of Electronic Resources

Acts and Regulations

• Canada Labour Code
• Copyright Act, section 12
• Criminal Code of Canada, section 122
• Customs Act, section 107
• Financial Administration Act
• Public Servants Disclosure Protection Act
• Public Servants Inventions Act, section 3
• Public Service Employment Act
• Public Service Labour Relations Act

Treasury Board Policies

• Guidelines for Discipline
• Harassment in the Workplace - Policies and Publications
• Occupational Safety and Health - Policies and Publications
• Refusal to Work Directive
• Uniforms Directive
• Policy on the Use of Electronic Networks
• Values and Ethics Code for the Public Service

D Memoranda

• D1-16-1 - Explanation of Section 107 of the Customs Act
• D1-16-2-INTERIM - Interim Administrative Guidelines for the Provision to Others, Allowing Access to Others, and Use of Customs Information