Policy 16.29 - Compliance and Enforcement Program Standards of Conduct

Effective Date: 18-August-04
Responsible Branch: Compliance and Enforcement Branch

Resource Management Volume Table of Contents | Amendment Log

Scope

This policy outlines standards of conduct for those staff within the Ministry of Forests who perform a compliance and enforcement function.

Background

The published "Standards of Conduct for Public Service Employees" are incorporated throughout this policy.

Ministry of Forests staff working within the compliance and enforcement regime support and serve as law enforcement officials and/ or Special Provincial Constables, and are entrusted with confidential information and have law enforcement authority related to clients and matters that may come before administrative tribunals and the Courts. To comply with these responsibilities, C&E program staff adhere to special standards of on and off-duty conduct beyond the expectations of regular government employees. These special standards are set out under C&E program standards.

Purpose

These standards satisfy the expectations of employees and management for a code of professional behaviour that is common to all staff who perform a C&E function. For the C&E program to provide safe, reliable and consistent service, it is important that public service employees understand and uphold these standards.

Policy

It is Ministry policy that Ministry staff who perform a C&E function, while adhering to the Public Service standards of conduct, will also adhere to these C&E program Standards of Conduct.

General Standards of Conduct

C&E Program Standards

Our standing as law enforcement officials requires that we maintain principled and honest relationships in our dealings with our colleagues in the Ministry of Forests, the public service, the courts, police, judiciary, and other agencies, as well as with clients and former clients of the C&E program.

We, as C&E program staff, will instil confidence and trust in the general public and we will not bring the Ministry into disrepute.

We will avoid situations that violate, or are perceived to violate, this policy. If we find ourselves in a situation that violates policy, we will inform our immediate supervisor and we will work toward correcting and or clarifying the situation as soon as is reasonably possible.

We conduct our responsibilities according to relevant legislation, directives from the Executive Branch of the Ministry, local directives or directives related to our official responsibilities.

We recognize our obligation as C&E program members to immediately report to the local manager any breach of rules and guidelines established to ensure the safety of clients, employees and the public and to uphold the law.

We understand that these Standards of Conduct are based on general principles and not to be considered exhaustive in nature.

Public Service Standards

The requirement to comply with these standards of conduct is a condition of employment. Employees who fail to comply with these standards may be subject to disciplinary action up to and including dismissal. Employees should contact their ministry personnel office for advice and assistance on the interpretation or application of this policy directive.

Loyalty

C&E Program Standards

As C&E program staff, our first duty is to uphold the law [Forest and Range Practises Act, Forest Act, Forest Practices Code Act of British Columbia].

Public Service Standards

Public service employees have a duty of loyalty to the government as their employer. The duty of loyalty, committed to in the Oath of Employment, requires public service employees, irrespective of political preferences or affiliations, to serve the government of the day to the best of their ability.

The honesty and integrity of the public service demands that the impartiality of employees, in the conduct of their duties, be above suspicion. Employees' conduct should instil confidence and trust and must not bring the public service into disrepute.

Confidentiality

C&E Program Standards

We recognize our responsibility to protect the privacy of clients and former clients of the C&E program by using information we collect only for intended and authorized purposes; informing clients of the reasons for collecting information; allowing clients to correct material they believe to be incorrect or incomplete; and using a secure method during the disposal of information about clients.

Public Service Standards

Confidential information that employees receive through their employment must not be divulged to anyone other than persons who are authorized to receive the information. Employees who are in doubt as to whether certain information is confidential must ask the appropriate authority before disclosing it. Caution and discretion in handling confidential information extends to disclosure made inside and outside of government and continues to apply after the employment relationship ceases.

Confidential information that employees receive through their employment must not be used by an employee for the purpose of furthering any private interest, or as a means of making personal gains. See the Conflicts of Interest section of this policy directive for details.

Public Comments

C&E Program Standards

We do not discuss or comment on ongoing investigations, completed investigations or the results of administrative hearings or court proceedings other than where we are consulting with appropriate colleagues and or other law enforcement agencies.

Public Service Standards

Public service employees are free to comment on public issues but must exercise caution to ensure, that by doing so, they do not jeopardize the perception of impartiality in the performance of their duties. For this reason, care should be taken in making comments or entering into public debate regarding their ministry policies. Public service employees must not use their position in government to lend weight to the public expression of their personal opinions.

Political Activity

Public Service Standards

Public service employees are free to participate in political activities including belonging to a political party, supporting a candidate for elected office and actively seeking elected office. Employees' political activities, however, must be clearly separated from activities related to their employment.

If engaging in political activities, employees must be able to retain the perception of impartiality in relation to their duties and responsibilities. Employees must not engage in political activities during working hours or use government facilities, equipment or resources in support of these activities.

Partisan politics at the local, provincial or national levels are not to be introduced into the workplace. This does not apply to informal private discussions among co-workers.

Service to the Public

C&E Program Standards

We respect the rights and dignity of all individuals and we will not discriminate, or threaten those persons we have contact with in the course of our duties. We will conduct ourselves in a respectful manner at all times.

Public Service Standards

Public service employees must provide service to the public in a manner that is courteous, professional, equitable, efficient and effective. Employees must be sensitive and responsive to the changing needs, expectations and rights of a diverse public while respecting the legislative framework within which service to the public is provided.

Workplace Behaviour

C&E Program Standards

Our behaviour, on and off duty, should reflect positively on the C&E program and the public service. At work, we conduct ourselves in a manner that promotes a professional image through our words and actions.

It is understood that supervisors will take corrective action when they become aware of discrimination, harassment or disrespectful treatment of a staff member or client by persons acting within the C&E regime.

Public Service Standards

The conduct and language of public service employees in the workplace must meet acceptable social standards and must contribute to a positive work environment. An employee's conduct must not compromise the integrity of the public service.

All public service employees have the right to expect, and the responsibility to create, a workplace where all employees are safe. Violence in the workplace is unacceptable and will not be tolerated. Violence includes any attempted or actual exercise by any person, including another worker, of any physical force so as to cause injury to a worker and includes any express threat of violence.

Employees must report any incident of violence directed towards themselves or their co-workers. Any employee hearing a threat, including a threat to a co-worker, must report that threat if he or she has reasonable cause to believe that the threat is serious. Any incident or threat of violence in the workplace must be addressed immediately.

Employees are to treat each other in the workplace with respect and dignity and must not engage in discrimination or harassment based on any of the prohibited grounds covered by the Human Rights Code. The prohibited grounds are race, colour, ancestry, place of origin, religion, family status, marital status, physical disability, mental disability, sex, sexual orientation, age, political belief or conviction of a criminal or summary offence unrelated to the individual's employment. Employees and supervisors should refer to Personnel Management Policy Directive 3.1, Human Rights in the Workplace - Discrimination and Harassment, for additional information on appropriate workplace behaviour.

Conflicts of Interest/ Professional Conduct with Clients or Former clients

C&E Program Standards

We use authority to promote honesty, fairness and trust.

We do not allow off-duty activities and conduct to interfere with our work obligations as law enforcement officials.

We will not use our badge, title or authority to exert influence, obtain or appear to obtain, grant or appear to grant preferential treatment for ourselves or any other person, group of persons or organization.

We immediately advise our supervisors if we are arrested or charged with a "Criminal Code" or other federal or provincial statutory offence, with the exception of personal minor motor vehicle violations.

If employed in a capacity that requires us to maintain a valid driver's licence, we immediately advise our supervisors if our driving privileges are suspended.

To protect ourselves, we are cautious about relationships or associations with clients and former clients and we will not associate with individuals or groups with connections to ongoing criminal activities.

We avoid circumstances where our relationships with clients or former clients might result in the perception of being in a conflict of interest or call into question the integrity of the C&E program.

As a group and as individuals we promote and encourage community involvement. We understand that certain relationships or association with clients or former clients may be appropriate or inevitable for C&E program staff, such as while engaged in volunteer work, church groups, school functions, social activities or organized events such as sports. However, we also understand that certain relationships or associations with client or former clients may be inappropriate for employees of the C&E program. We know that our on and off-duty conduct is subject to public scrutiny and will be subject to disciplinary review by the Ministry if we engage in any conduct or relationship that might bring the administration of justice into disrepute.

We have a duty to report to our supervisor, in writing, a relationship or association, past or present with a client or former client that may be subject to a Ministry review, as noted above.

When we require clarification or direction to protect the C&E program, the Ministry and ourselves from relationships or associations with clients and former clients, we will discuss the matter in person with our supervisor.

We understand that supervisors and managers are required to advise their Regional Compliance Leader if they believe an unprofessional relationship exists or appears to be developing between a C&E program employee and a client, former client or people who may have an association with these clients.

Public Service Standards

A conflict of interest occurs when an employee's private affairs or financial interests are in conflict, or could result in a perception of conflict, with the employee's duties or responsibilities in such a way that:

• the employee's ability to act in the public interest could be impaired; or
• the employee's actions or conduct could undermine or compromise:
• the public's confidence in the employee's ability to discharge work responsibilities, or
• the trust that the public places in the public service.

While the government recognizes the right of public service employees to be involved in activities as citizens of the community, conflict must not exist between employees' private interests and the discharge of their public service duties. Upon appointment to the public service, employees must arrange their private affairs in a manner that will prevent conflicts of interest, or the perception of conflicts of interest, from arising.

Employees with questions regarding interpretation of the policy may discuss them with the designated ministry contact. Employees who find themselves in an actual, perceived or potential conflict of interest must disclose the matter to the designated ministry contact, their supervisor or manager. Employees who fail to disclose may be subject to disciplinary action up to and including dismissal.

Examples of conflicts of interest include, but are not limited to, the following:

• an employee uses government property or the employee's position, office or government affiliation to pursue personal interests;
• an employee is in a situation where the employee is under obligation to a person who might benefit from or seek to gain special consideration or favour;
• an employee, in the performance of official duties, gives preferential treatment to an individual, corporation or organization, including a non-profit organization, in which the employee, or a relative or friend of the employee, has an interest, financial or otherwise;
• an employee benefits from, or is reasonably perceived by the public to have benefited from, the use of information acquired solely by reason of the employee's employment;
• an employee benefits from, or is reasonably perceived by the public to have benefited from, a government transaction over which the employee can influence decisions (for example, investments, sales, purchases, borrowing, grants, contracts, regulatory or discretionary approvals, appointments);
• an employee requests or accepts from an individual, corporation or organization, directly or indirectly, a personal gift or benefit that arises out of their employment in the public service, other than:
• the 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, or
• the normal exchange of gifts between friends.
• an employee solicits or accepts gifts, donations or free services for work-related leisure activities other than in situations outlined above.

Allegations of Wrongdoing

C&E Program Standards

We support and apply Ministry of Forests Policy 16. 30 - C&E Program Internal Complaints Policy, and Ministry of Forests Policy 16. 31 - C&E Program Public Complaints Policy in all cases. We recognize that these policies govern the actions of C&E program staff for the purposes of responding to and investigating public and internal complaints of alleged misconduct on the part of C&E program staff. We also understand that these policies do not supersede the following Standards of Conduct for Public Service Employees on this subject.

Public Service Standards

Employees have a duty to report any situation that they believe contravenes the law, misuses public funds or assets, or represents a danger to public health and safety or a significant danger to the environment. Employees can expect such matters to be treated in confidence, unless disclosure of information is authorized or required by law (for example, the Freedom of Information and Protection of Privacy Act). Employees will not be subject to discipline or reprisal for bringing forward to a deputy minister, in good faith, allegations of wrongdoing in accordance with this policy directive.

Employees must report their allegations or concerns as follows:

• members of the BCGEU must report in accordance with Article 32.13;
• PEA members must report in accordance with Article 36.12;
• other employees must report, in writing, to their deputy minister who will acknowledge receipt of the submission, investigate the matter and respond in writing within 30 days after receiving the employee's submission. Where an allegation involves the deputy minister, the employee must forward the allegation to the Deputy Minister to the Premier.

Employees must report a safety hazard or unsafe condition or act in accordance with the provisions of the WCB Occupational Health and Safety Regulations.

Where an employee believes that the matter has not been resolved by the deputy minister, the employee may then refer the allegation to the appropriate authority. If the employee decides to pursue the matter further then:

• allegations of illegal activity must be referred to the police;
• allegations of a misuse of public funds must be referred to the Auditor General;
• allegations of a danger to public health must be brought to the attention of health authorities; and
• allegations of a significant danger to the environment must be brought to the attention of the Deputy Minister, Ministry of Water, Land and Air Protection.

Legal Proceedings

C&E Program Standards

We do not provide legal advice to our clients or members of the public, but suggest they discuss their concerns with the lawyer of their choice.

When called upon to testify and/or furnish information in the course of an investigation pertaining to the performance of our duties, we will do so in a full, honest, and forthright manner.

Public Service Standards

Employees must not sign affidavits relating to facts that have come to their knowledge in the course of their duties for use in court proceedings unless the affidavit has been prepared by a lawyer acting for government in that proceeding or unless it has been approved by a ministry solicitor in the Legal Services Branch, Ministry of Attorney General and Minster Responsible for Treaty negotiations. In the case of affidavits required for use in arbitrations or other proceedings related to employee relations, the Labour Relations Branch, BC Public Service Agency, will obtain any necessary approvals. Employees are obliged to cooperate with lawyers defending the Crown's interest during legal proceedings.

A written opinion prepared on behalf of government by any legal counsel is to be treated as subject to solicitor/client privilege and is, therefore, confidential. Such an opinion is not to be released to persons outside the public service without prior written approval by the Legal Services Branch and/or the Criminal Justice Branch, Ministry of Attorney General and Minister Responsible for Treaty Negotiations.

Working Relations

Public Service Standards

Employees who are direct relatives or who permanently reside together may not be employed in situations where:

• a reporting relationship exists where one employee has influence, input or decision-making power over the other employee's performance evaluation, salary, premiums, special permissions, conditions of work and similar matters; or
• the working relationship affords an opportunity for collusion between the two employees that would have a detrimental effect on the Employer's interest.

The above restriction on working relationships may be waived provided that the deputy minister is satisfied that sufficient safeguards are in place to ensure that the Employer's interests are not compromised.

Personnel Decisions

C&E Program Standards

We will follow Ministry of Forests Policy 16.26 - Management Roles and Responsibilities within the C&E Program as it pertains to the temporary re-assignment of C&E program staff.

Public Service Standards

Employees are to disqualify themselves as participants in personnel decisions when their objectivity would be compromised for any reason or a benefit or perceived benefit could accrue to them.

For example, employees are not to participate in staffing actions involving direct relatives or persons living in the same household.

Outside Remunerative and Volunteer Work

Public Service Standards

Employees may engage in remunerative employment with another Employer, carry on a business, receive remuneration from public funds for activities outside their position or engage in volunteer activities provided it does not:

• interfere with the performance of their duties as a public service employee;
• bring the government into disrepute;
• represent a conflict of interest or create the reasonable perception of a conflict of interest;
• appear to be an official act or to represent government opinion or policy;
• involve the unauthorized use of work time or government premises, services, equipment or supplies to which they have access by virtue of their public service employment; and
• gain an advantage that is derived from their employment as a public service employee.

Employees who are appointed as directors or officers of Crown corporations are not to receive any additional remuneration beyond the reimbursement of appropriate travel expenses except as approved by the Lieutenant Governor in Council.

Use of Government Resources

Other C&E Program Standards

We understand that government radios are not for unauthorized or personal calls, and we do not use abusive or profane language during transmission. We use government electronic mail and office equipment according to Ministry policy or as authorized by management.

We do not use investigative tools such as cameras, surveillance equipment and audio recording equipment for personal purposes except in accordance with management direction and our collective agreements.

Information gained during the course of any investigation or inspection is not used for any purpose other than in the performance of our duties. We store information gained during the course of an investigation in a manner that ensures confidentiality. We dispose of information gained during the course of an investigation in a manner that ensures confidentiality, and we do not dispose of information gained during the course of an investigation that has been or may be used in any administrative and/or criminal proceedings, other than pursuant to Ministry policy.

We exercise care when responsible for government resources and property, and only use them when conducting authorized duties.

Uniforms

We will not wear our uniforms in off-duty situations that may embarrass or discredit the Ministry. While in uniform, we will not attend public functions or attend political gatherings, except in the course of our duties. We will not consume alcohol while in uniform other than in the privacy of our homes.

Safety

We recognize that during the course of our duties that we may be faced with confrontational situations. In all circumstances, we will act safely and responsibly. In all circumstances our first priority will be to safeguard human life and welfare and this principle takes precedence over any other consideration.

Substance Abuse

We do not report for duty while under the influence of alcohol or drugs other than over the counter or prescribed medications, nor with the odour of alcohol present. We understand that the abuse of alcohol or use of illegal substances during off-duty hours may compromise our professional credibility and the reputation of the C&E program.

Disposal of Material

We will dispose of all materials, equipment, and/or proceeds obtained in performance of our duties in accordance with Ministry policy. In no circumstances will materials, equipment, and/or proceeds obtained in the performance of our duties be used for personal use.

Responsibilities

C&E Program Standards

We are responsible for adhering to these standards of conduct and for preserving the integrity of the C&E program. Each of us is accountable for this responsibility to the public in general, to each other, to our colleagues in the ministry, and to the public service as a whole.

Public Service Standards

Deputy Ministers are responsible for:

• ensuring that the provisions of this policy directive are met;
• ensuring that employees are advised of the required standards of conduct and understand the consequences of non-compliance;
• designating a ministry contact for matters related to standards of conduct;
• ensuring that all possible breaches of the policy directive are thoroughly investigated;
• based on the results of an investigation, ensuring that appropriate action is taken;
• ensuring that confidential information is handled with caution and discretion;
• waiving the provision on working relationships under the circumstances indicated; and
• delegating authority and responsibility, where applicable, to apply this policy directive within their organization.

Supervisors and managers are responsible for:

• advising staff on standards of conduct issues;
• ensuring that confidential information is handled with caution and discretion; and
• assisting staff in the resolution of conflicts of interest.

Employees are responsible for:

• fulfilling their assigned duties and responsibilities, objectively and loyally, regardless of the party or persons in power and regardless of their personal opinions;
• disclosing and resolving conflicts of interest situations in which they find themselves;
• maintaining appropriate workplace behaviour; and
• checking with their designated ministry contact, supervisor, manager or personnel advisor when they are uncertain about any aspect of this policy directive, including:
• the appropriateness of receiving outside remuneration,
• potential, perceived or actual conflicts of interest, and
• releasing any information that may be confidential.

Legislative Authorities

Forests Practices Code of British Columbia Act

Forest Act

Forest and Range Practices Act

Range Act

Wildfire Act [when enacted]

Environmental Management Act

Offence Act

Human Rights Code

Public Service Act

Freedom of Information and Protection of Privacy Act

Workers' Compensation Act

References

• Ministry of Forests Policy Manual.
• Professional Employees Association Master and Subsidiary Agreements.
• B.C. Government and Service Employees' Union Master and Component Agreements.
• Personnel Management Policy, Human Rights in the Workplace - Discrimination and Harassment.