Public Service Commission Policies
Conflict Of Interest
Purpose
The Manitoba government is committed to an ethical public service. This policy provides direction and measures to assist employees in effectively dealing with actual, reasonably perceived or reasonable foreseeable conflict of interest situations.
Policy Statement
The Manitoba government supports the rights of employees to be involved in community projects and activities as citizens of the community. This is balanced with the recognition that employees participate in government activities including making decisions affecting Manitobans, and have knowledge of a wide range of confidential information. Real, apparent or potential conflicts of interest may reduce public trust and confidence in the integrity and impartiality of government.
Employees are expected to place the public interest first in carrying out their duties. This involves avoiding or effectively resolving conflict of interest situations where private or personal interests improperly influence, could reasonably be perceived to improperly influence, or could reasonably be foreseen to improperly influence, the performance of their duties and responsibilities. Ultimately, these situations must be resolved in favour of the public interest.
Objectives
An ethical public service, where employees:
- place the public interest over their personal interest
- act professionally with honesty, consistency and impartiality
- handle sensitive information appropriately and discreetly
To achieve these objectives, an employee regularly reviews the interaction between their assigned duties and their private and personal interests, and must not directly or indirectly:
- Place themselves in a situation in any official matter where there is a private or personal interest where they cannot be objective in their actions or decisions.
- Undertake outside employment, a business transaction or other private arrangement for personal profit or have any financial or other personal interest that is in conflict with the performance of their duties.
- Seek or receive personal or private gain by granting preferential treatment to any persons while performing their duties.
- Seek or accept personal or private gain from the use of information acquired during the course of their duties that is based upon confidential or non-public information.
- Note: The Oath or Affirmation of Office Regulation requires that employees, without due authority, refrain from disclosing any information, in any form, which may come to them by reason of their employment in the Manitoba government. The obligations of the Oath or Affirmation of Office apply throughout employment with the government of Manitoba and continue to apply after the employment relationship ends.
- Use or permit the use of government property to promote or serve their personal or private interests, unless they are authorized to do so.
- Solicit or accept fees, gifts or other benefits, that are connected directly or indirectly with the performance of their public service duties, from any individual, organization or corporation, other than:
- The normal exchange of gifts among friends.
- The normal exchange of hospitality between persons doing business together.
- Tokens exchanged as part of protocol.
- The normal presentation of gifts to persons participating in public functions.
Any gift or benefit accepted must be of nominal value and must not create an obligation or perceived obligation.
For each of the above conflict of interest situations, an employee must consider if their private or personal interest:
- Improperly influences the performance of their official duties and responsibilities.
- Could be reasonably perceived to improperly influence the performance of their official duties and responsibilities.
- Could reasonably be foreseen to improperly influence the performance of their official duties and responsibilities.
Should an employee suspect they are, may be reasonably perceived to be, or may reasonably foresee being in a conflict of interest situation, they must immediately initiate the disclosure process.
Principles
In accordance with the Manitoba Government Code of Conduct and The Public Service Act – Part 2 – Values of Public Service, employees are responsible at all times for their professional and ethical conduct. Employees must conduct themselves with the highest degree of integrity, responsibility and accountability to colleagues, the Manitoba Public Service and the people of Manitoba.
Application
This policy applies to all members of the core public service of the Manitoba government, as defined in The Public Service Act.
Responsibilities
Employee:
- Review the interaction between their duties and responsibilities and their private and personal interests on a regular basis to ensure that they do not conflict.
- Ensure new or changed duties and responsibilities, organizational relationships and/or responsibilities, or private or personal interest situations are dealt with in accordance with this policy.
- Immediately initiate the disclosure process should they suspect they are, may be reasonably perceived to be, or may reasonably foresee being, in a conflict of interest situation.
- Provide additional information, as requested, to determine if a conflict of interest exists.
- Ensure awareness and compliance with this policy and any other legislation or policies applicable to their role, department or agency for additional conflict of interest provisions (e.g. The Public Service Act – Part 6 – Conflict of Interest and Post-Employment Restrictions for Senior Public Executives, department specific guidelines (e.g. Justice), The Oath or Affirmation of Office Regulation).
Management:
- Review disclosures and document initial assessment and comments for consideration.
- Request additional information from the employee if required.
- Advise the employee if a conflict of interest exists
- Discuss and provide direction to the employee on resolution of the conflict of interest.
- Investigate alleged breaches of this policy.
Deputy Minister or Designate:
- Assess disclosures and determine if a conflict of interest exists.
- Determine appropriate resolution to avoid a conflict of interest.
- Ensure resolution and appropriate action has taken place.
- On at least an annual basis, communicate to employees their responsibility to disclose conflict of interest situations in accordance with policy and department guidelines.
- Establish additional guidelines if required to address department specific disclosure requirements.
Clerk of the Executive Council:
- In the case of Deputy Ministers:
- Assess disclosures and determine if a conflict of interest exists.
- Determine and discuss appropriate resolution to avoid a conflict of interest.
- Ensure resolution and appropriate action has taken place.
Human Resources (Public Service Commission):
- Provide advice and guidance to management and employees on this policy.
- Assist management in discussing specific situations with an employee.
- Investigate (with management) alleged breaches of this policy.
Workforce Relations Division (Public Service Commission):
- Advise regarding the interpretation, application and administration of this policy.
Definitions
Deputy Minister: means the deputy minister of a department appointed under subsection 32(2) of The Public Service Act.
Disclosure: a confidential procedure to protect both the employee and the employer from unfair or improper allegations of conflict of interest. It requires an employee who suspects they might be reasonably perceived to be, or might reasonably foresee being, in a conflict of interest to complete the Employee Conflict of Interest Declaration form, for his or her Deputy Minister or designate. In the case of Deputy Ministers, disclosures are made to the Clerk of the Executive Council.
Employee: as defined in The Public Service Act, means an individual employed in the public service and, unless otherwise indicated, includes a manager or executive.
Government property:includes but is not limited to information not generally available to the public, government facilities (boardrooms, office space, office address, etc.), vehicles, equipment (computers, photocopy machine, fax machine, boats, motors or other field equipment, etc.), material (paper, supplies, etc.), or intangible government property (such as government working time)
Management: means an employee, including supervisors, managers or executives, responsible for supervising one or more employees.
Private or personal interests:actual/potential financial gain/loss or actual/potential favour or prejudice that can bring benefit to us as individuals or to others, including a spouse, partner, child, relative, friend, past or present business associate, or organization
Compliance/Non-compliance
Failure to disclose and/or address a conflict of interest appropriately may result in disciplinary action up to and including dismissal. Where a bargaining unit employee believes they were unfairly disciplined for a breach of the conflict of interest policy, there is recourse in the grievance procedures of their collective agreement.
Related Policies and Legislation
The Public Service Act Regulation – Part 3 - Terms and Conditions of Employment for Non-Represented Core Public Service Employees, and Part 4 – Political Activities of Core Public Service Employees
Manitoba Government Code of Conduct
Oath or Affirmation of Office Regulation
Government of Manitoba Employee Network Usage Policy
Criminal Code, R.S. 1985. C. C-46; section 121
Resources and Tools
Department specific guidelines
Employee Conflict of Interest Declaration Form
Conflict of Interest Guide for Managers
Conflict of Interest Declaration Process flow
Government Employees' Master Agreement and any other collective agreement
Authority
This policy should be read in the context of the following and any other applicable legislation:
The Public Service Act (established in accordance with subsection 10 (c))
Cabinet Minute #16, February 1, 1984, as amended in 1996, 2007, 2015, 2019
Policy Review and Revision Schedule
A review will be conducted on the administration and operation of this policy, including any related procedural documents and forms, in accordance with a policy review schedule established by the Public Service Commission.
Policy Inquiries
For further information or questions about this policy, please contact:
Policy, Programs and Learning Branch
Public Service Commission
PPL@gov.mb.ca
204-945-2332
Version Effective Date: February 26, 2022
Original Policy Issued: January 19, 2015
