2024 to 2025 Annual Report on Disclosure of Wrongdoing and Misconduct

On this page

• Introduction
• Main findings
• Protected disclosures of wrongdoing
• Misconduct in the workplace
• Human rights complaints
• Notices of occurrence of harassment and violence
• Security event reports
• Staffing complaints
• Investigations into irregularities in an appointment process
• Improper political activities
• Conflict of interest
• Official languages

Introduction

This report increases transparency around how Crown-Indigenous Relations Northern Affairs Canada (CIRNAC) handles misconduct and wrongdoing in order to strengthen employee and public trust, encourage reporting, and ultimately reduce incidents of misconduct. It outlines the department's commitment to the highest standards of integrity and ethical behaviour by presenting an overview of founded cases of misconduct and wrongdoing, conflicts of interest declarations and official languages complaints. It also explains the recourse mechanisms available to employees and demonstrates how complaints are addressed to ensure accountability and fairness.

Main findings

This report confirms CIRNAC's ongoing commitment to ethical conduct, accountability, and transparency. A range of recourse and support services are available to employees. These services receive all allegations of misconduct and wrongdoing, with substantiated cases addressed appropriately. While numerous options exist, CIRNAC actively promotes informal resolution methods as a first step, as they often yield collaborative outcomes and strengthen workplace relationships. Together, these measures reflect the department's dedication to fostering a respectful, healthy, and inclusive workplace, consistent with the Values and Ethics Code for the Public Sector and CIRNAC's own Values and Ethics Code.

Protected disclosures of wrongdoing

The protected disclosure process provides federal public sector employees with a safe and confidential procedure for disclosing serious wrongdoing in the workplace and protects them from reprisals.

Wrongdoings are serious offences that are against the public interest, specifically:

• violating any act of Parliament or any act of the legislatures of the provinces
• misusing public funds or public assets
• gross mismanagement in the public sector
• doing something, or failing to do something, that creates a substantial and specific danger to the health, safety or life of persons or to the environment
• seriously breaching the Treasury Board or your organization's code of conduct
• knowingly directing or counselling a person to commit a wrongdoing

The term "wrongdoing" is strictly used to describe serious public order offences dealt with as defined under the Public Servants Disclosure Protection Act.

Contact: V-E@rcaanc-cirnac.gc.ca

Misconduct in the workplace

Misconduct is generally defined as behavior contrary to the values, ethics, and rules established by the employer. This includes contravention of departmental codes of conduct, failure to comply with legal and legitimate directives or instructions, misuse of government resources, harassment, discrimination, or any action that undermines the integrity and efficiency of the public service.

When potentially inappropriate behavior is reported to management, they have a responsibility to respond promptly and appropriately. This may include conducting a formal investigation to establish the facts and take the necessary corrective action. This process must be prompt, impartial, and based on factual evidence. It generally involves gathering relevant information, hearing witnesses, and providing the employee with an opportunity to respond to the allegations. The purpose of the investigation is to determine whether there has been a breach of the code and, if so, to decide on the appropriate disciplinary action.

Misconduct may result in disciplinary action such as a warning, suspension, or dismissal, depending on the severity and circumstances of the behavior. Disciplinary action is intended to be corrective rather than punitive, and is intended to reinforce acceptable standards of behavior and promote effective personnel management throughout the public service.

The grievance procedure allows employees to formally challenge decisions or actions they believe violate their rights under collective agreements, legislation, or employer policies. This includes matters such as staffing decisions, disciplinary actions, and working conditions. Grievances can be individual or grouped and are generally resolved through internal procedures, with recourse to the Federal Public Sector Labour Relations and Employment Board if not resolved.

Contact: A manager who addresses misconduct with an employee works with their labour relations advisor. The employee consults their union representative for guidance in any misconduct procedure.

Human rights complaints

An employee may file a human rights complaint with the Canadian Human Rights Commission if they believe they have been discriminated against on the basis of the following grounds:

• race
• national or ethnic origin
• color
• religion
• age
• sex
• sexual orientation
• gender identity or expression
• marital status
• family status
• genetic characteristics
• disability
• a conviction for an offense for which a pardon has been granted or a criminal record suspension has been ordered

If the Commission finds the complaint to be well-founded and it cannot be resolved through mediation, it may be referred to the Canadian Human Rights Tribunal for a formal hearing.

Contact: The employee consults with their union representative to determine whether to file a complaint.

Notices of occurrence of harassment and violence

Harassment and violence are defined as any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment. This includes threats, aggressive gestures, sexual harassment and any behavior that creates a hostile work environment.

The purpose of an incident report is to identify preventive measures in the workplace to reduce the risk of a similar situation occurring in the future.

Contact: sst-ohsservices@rcaanc-cirnac.gc.ca

Security event reports

A Security event can be defined as any act, omission or situation that may be detrimental to government security, including threats, vulnerabilities and security incidents.

Security event reporting is a formal and structured process that allows employees to report any security-related event using a standardized form submitted to the appropriate security authority. Reported events are analyzed to assess their severity and impact and may result in follow-up actions, including an administrative investigation. Security measures may be recommended and implemented if necessary.

Contact: hqsecurity@sac-isc.gc.ca

Staffing complaints

Staffing complaints may relate to internal appointment processes for the following reasons:

• abuse of authority in the application of merit
• abuse of authority regarding the choice of selection process (advertised or non-advertised)
• failure to assess the complainant in the official language of their choice

The Federal Public Sector Labour Relations and Employment Board is responsible for handling staffing complaints, in accordance with the Public Service Employment Act (PSEA). The Board plays a key role in resolving staffing disputes and complaints related to internal appointments.

Contact: mail.courrier@fpslreb-crtespf.gc.ca

Investigations into irregularities in an appointment process

The main objectives of an investigation are:

• to examine concerns that an appointment may not have been based on merit as well as concerns relating to an error, omission or improper conduct in staffing processes
• to examine any matter where there is reason to believe that an appointment or proposed appointment was not free from political influence or where fraud may have been committed in an appointment process

Contact, internal appointment process: uaq-qau@rcaanc-cirnac.gc.ca

Contact, external appointment process and fraud: CFP.Enquetes-Investigations.PSC@cfp-psc.gc.ca

Improper political activities

An employee may engage in any political activity so long as it does not impair, or is not perceived as impairing, the employee's ability to perform his or her duties in a politically impartial manner.

The Public Service Commission is authorized to investigate allegations of improper:

• political activities by federal employees relating to a candidacy in a federal, provincial, territorial, or municipal election
• political activities within, or in support of, or opposition to, a political party
• political activities to support or oppose a candidate before or during an election period
• deputy head who has engaged in political activities, other than voting, in an election

Contact: V-E@rcaanc-cirnac.gc.ca

Conflict of interest

A conflict of interest occurs when a public servant has private interests that could improperly influence the performance of their official duties and responsibilities or uses their public office for personal gain. A conflict of interest is:

• real (exists at the present time)
• apparent (a reasonable observer could perceive it, whether or not it actually exists)
• potential (which could reasonably be foreseen to exist in the future)

Each year, or within 60 days of their initial appointment or any subsequent appointment, transfer or deployment, employees are required to review their obligations under the code to determine whether there is a risk of a real, apparent or potential conflict of interest. If in doubt or when a conflict arises, employees are encouraged to discuss the matter with their supervisor and must complete a confidential report or contact an advisor for advice or guidance on how to proceed.

Contact: V-E@rcaanc-cirnac.gc.ca

Official languages

Employees can file a complaint with the Office of the Commissioner of Official Languages if they believe their rights under the Official Languages Act have not been respected or if they witness a situation that violates the act. Complaints may be filed against federal institutions subject to the act.

Grounds for complaints may include:

• service not provided in the official language of your choice
• inability to work or receive tools in your language in a designated bilingual region
• failure to meet the language requirements of a position
• a work environment that hinders the use of both official languages

Following the admissibility assessment, an investigation may be initiated.

Contact: languesofficielles-officiallanguages@rcaanc-cirnac.gc.ca

Contact us:

Values and Ethics team: V-E@rcaanc-cirnac.gc.ca

Office of Ethics and Conflict Management: 1-833-597-5986 (toll-free)