Office of the Privacy Commissioner of Canada Code of Conduct

Preamble

The mission of the Office of the Privacy Commissioner (OPC), which is responsible for overseeing compliance with federal privacy legislation, is to protect and promote the fundamental privacy rights of individuals. To this end, the conduct of all persons employed by the OPC must be consistent with the ethical requirements established by the Government of Canada.

Aware of the specific nature of the OPC’s mission, all persons employed by the OPC are expected to place special importance on the value of integrity, in order to serve the Privacy Commissioner, the Parliament of Canada and all the individuals across Canada that we serve with a spirit of neutrality, impartiality, and objectivity in order to uphold the public trust and strength of the Canadian democracy. In doing so, the OPC’s leadership in the realm of privacy will achieve national and international recognition and respect.

As the OPC navigates periods of transformative change and growth, our focus remains firmly on fostering a culture of integrity rooted in inclusive and ethical practices, and being effective stewards of the resources entrusted to us. This approach aligns with the Government of Canada’s Call to Action on Anti-Racism, Equity, and Inclusion in the Public Service, Call to Action on Values and Ethics, Sustainable Development Goals, Truth and Reconciliation Calls to Action, and AI Strategy for the Federal Public Service ensuring that our operations and decisions integrate environmental, social and ethical considerations.

Application

The Code, adopted pursuant to the requirements of ss. 6(1) of the Public Servants Disclosure Protection Act, outlines the values and expected behaviours that guide all persons employed at the OPC in the performance of their professional duties. This includes students, as well as casual, part-time, term and indeterminate employees. By committing to the five core values found in both the Values and Ethics Code for the Public Sector and this Code, we strengthen the ethical culture of the public sector and contribute to public confidence in the integrity of our institutions. Likewise, by adhering to the values and expected behaviours in our organizational code, we strengthen both the ethical culture and trust in our organization.

Acceptance of these values and adherence to the expected behaviours is a condition of employment for every individual employed at the OPC, regardless of their level or position. A failure to adhere to these values or behaviours may result in disciplinary measures being taken, up to and including termination of employment.

Management must ensure that the Values and Ethics Code for the Public Sector and this Code have been provided to, and discussed with, all new persons employed at the OPC. However, every individual is accountable for understanding and adhering to the requirements and expectations set out in the Code.

Values and expected behaviours

The following values serve as guiding principles for every decision, action, and interaction both within and outside the OPC. They are interconnected, often overlapping, and collectively reflect our commitment to ethical excellence. As the office of an Agent of Parliament, the OPC integrates these values into its mandate, ensuring that our policies, processes and systems consistently uphold privacy protection and public trust. In turn, persons employed at the OPC can expect to be treated in accordance with these values, fostering a culture of integrity, respect and accountability.

The OPC builds upon the foundational public sector values – respect for democracy, respect for people, integrity, stewardship, and excellence – to define and expand expectations that align with our unique mandate and specific context.

Respect for democracy

Democratic values are what place the public interest at the centre of government action. All those employed by the OPC understand that respect for, and the promotion of, these values are driven by the fact that they are at the service of both the Parliament of Canada and people across Canada.

Public sector values and expected behaviours

Public servants shall uphold the Canadian parliamentary democracy and its institutions by:

• 1.1 Respecting the rule of law and carrying out their duties in accordance with legislation, policies and directives in a non-partisan and impartial manner.
• 1.2 Loyally carrying out the lawful decisions of their leaders and supporting ministers in their accountability to Parliament and the individuals across Canada that we serve.
• 1.3 Providing decision-makers with all the information, analysis and advice they need, always striving to be open, candid and impartial.

Bringing these values to life at the OPC

At the OPC, these values are also demonstrated through:

• Providing impartial, non-partisan and objective information to the Commissioner and to Parliament to support informed decision-making, regardless of which political party or parties form Government.
• Respecting governance structures at the OPC, and while providing fearless advice, recognizing that—as the statutory office holder duly appointed under section 53 of the Privacy Act—the Privacy Commissioner is the ultimate decision-maker at his office.
• Fostering trust in public institutions and equal access to services, by serving the organizations and individuals who contact the OPC with diligence, transparency, and courtesy.
• Performing duties in a politically impartial manner and seeking guidance and advice from the designated political activities representative before undertaking any political activities.
• Performing duties in a manner that respects and promotes the fundamental right to privacy.

Respect for people

This value upholds that all individuals deserve unequivocal recognition of their inherent dignity, and that protecting privacy is a crucial element in that recognition. This value must also be reflected in the relationships persons employed at the OPC forge with each other and the individuals across Canada that we serve.

Public sector values and expected behaviours

Public servants shall respect human dignity and the value of every person by:

• 2.1 Treating every person with respect and fairness.
• 2.2 Valuing diversity and the benefit of combining the unique qualities and strengths inherent in a diverse workforce.
• 2.3 Helping to create and maintain safe and healthy workplaces that are free from harassment and discrimination.
• 2.4 Working together in a spirit of openness, honesty and transparency that encourages engagement, collaboration and respectful communication.

Bringing these values to life at the OPC

At the OPC, these values are also demonstrated through:

• Engaging with respect and professionalism in all interactions with colleagues, stakeholders, complainants, respondents, and members of the public, in a manner that fully respects each individual’s privacy.
• Giving each request for service the attention and objectivity it deserves.
• Fostering an inclusive workplace culture that values diversity, promotes bilingualism, respects lived experiences, reflects historical awareness, advances reconciliation and anti-racism and supports the mental health and wellbeing of all persons employed.
• Fostering a climate of trust and respect, in which concerns may be raised without fear of reprisal through open dialogue.
• Recognizing and addressing systemic barriers in a manner that respects the privacy and dignity of all individuals involved.
• Ensuring that materials, initiatives, and communications reflect the diversity of the public we serve.

Integrity

Integrity is the cornerstone of good governance and democracy. It is essential to maintaining and enhancing the public’s confidence in the federal government and its related institutions. As the office of an Agent of the Parliament, the OPC must operate with a high degree of accountability and ensure that its decisions and actions are fair, transparent and beyond reproach.

Public sector values and expected behaviours

Public servants shall serve the public interest by:

• 3.1 Acting at all times with integrity and in a manner that will bear the closest public scrutiny, an obligation that may not be fully satisfied by simply acting within the law.
• 3.2 Never using their official roles to inappropriately obtain an advantage for themselves or to advantage or disadvantage others.
• 3.3 Taking all possible steps to prevent and resolve any real, apparent or potential conflicts of interest between their official responsibilities and their private affairs in favour of the public interest.
• 3.4 Acting in such a way as to maintain their employer’s trust.

Bringing these values to life at the OPC

At the OPC, these values are also demonstrated through:

• Promoting and protecting privacy rights with a spirit of impartiality and objectivity, independently of particular interests, and with consideration for the advancement of the public interest.
• Ensuring through our actions and decisions the right to procedural fairness and natural justice for all persons involved in our proceedings, including by proactively identifying, disclosing^{Footnote 1} and mitigating any potential, real or perceived conflicts of interest or duties.
• Following the Guidance for Public Servants on their Personal Use of Social Media and exercising caution when using social media or collaborative tools to maintain professionalism and impartiality, ensuring that online interactions do not compromise the ability to perform duties objectively or undermine the public trust in the organization.
• Maintaining the confidentiality of information obtained through their position and respecting the rules governing information management.

Stewardship

Stewardship means making optimal and fiscally responsible use of all resources available to the OPC to fulfill its mission.

Public sector values and expected behaviours

Public servants shall use resources responsibly by:

• 4.1 Effectively and efficiently using the public money, property and resources managed by them.
• 4.2 Considering the present and long-term effects that their actions have on people and the environment.
• 4.3 Acquiring, preserving and sharing knowledge and information as appropriate.

Bringing these values to life at the OPC

At the OPC, these values are also demonstrated through:

• Disseminating and sharing expertise and information in a manner that protects and promotes privacy rights.
• Ensuring that transactions and work activities, including staffing, purchasing, contracting and travel, can withstand scrutiny at all times.
• Using government assets only for official purposes, or as authorized.^{Footnote 2}
• Using new technologies, including artificial intelligence (AI) and generative AI, responsibly and in a manner that upholds ethical standards and privacy rights.

Excellence

Excellence requires full adherence to the ethical values set out in this Code, including democratic values, respect for people, and the fulfilment of the OPC’s mission in a spirit of integrity and effective stewardship of resources. The OPC strives to create a workplace where public servants at all levels work toward common goals, through engagement, collaboration, effective teamwork and are committed to providing high-quality services.

Public sector values and expected behaviours

Public servants shall demonstrate professional excellence by:

• 5.1 Providing fair, timely, efficient and effective services that respect Canada’s official languages.
• 5.2 Continually improving the quality of policies, programs and services they provide.
• 5.3 Fostering a work environment that promotes teamwork, learning and innovation.

Bringing these values to life at the OPC

At the OPC, these values are also demonstrated through:

• Ensuring that our decisions and actions in public and in private are guided by the public interest.
• Engaging in continuous learning and development to deepen our knowledge, build our skills, foster innovation to provide the best services, information, advice and guidance, free of bias or particular interest.
• Developing a spirit of creativity, flexibility, and openness to optimize the actions of the OPC and to use the resources allotted by Parliament in an effective and responsible manner.
• Maximizing and balancing resources to produce and deliver high quality policies, programs, research, publications, and services.

Avenues for resolution

The expected behaviours identified above are not intended to respond to every possible ethical issue that might arise in the course of a public servant’s daily work. Public servants at all levels are expected to address issues in a fair, timely and respectful manner and consider informal processes such as dialogue or mediation. The Informal Conflict Management Services and Ombuds provide safe space to discuss ethical issues and workplace conflict, including harassment, and help navigate existing systems for resolving issues.

When ethical issues arise, these matters should be discussed and resolved with the immediate supervisor. Advice and support can also be sought from Human Resources, union representatives, and the designated officials and representatives presented below:

• The Designated Senior Official for the prevention and the resolution of conflict of interest, post-employment measures and for disclosure of wrongdoing is responsible for putting in place the infrastructure and controls to effectively resolve conflict of interest situations, administer post-employment measures, and help promote a positive work environment for raising concerns and disclosing possible wrongdoings.
• The Champion of Values and Ethics supports the vision and objectives for values and ethics, through their advisory, advocacy and awareness roles, and fosters an on-going dialogue on values and ethics at all levels of the organization.
• The Designated Political Activities Representative provides guidance on the participation of public service employees in political activities.

As provided in the Public Servants Disclosure Protection Act (PSDPA), public servants who bring forward, in good faith, information about a possible wrongdoing in the federal public sector are protected under the Act. It is important to note that the OPC does not have an internal disclosure mechanism based on key considerations and given the relatively small size of the organization. To ensure that disclosures are treated fairly, objectively and expeditiously, individuals are encouraged to contact the Office of the Integrity Commissioner directly.

Duties and obligations

Public Servants

All public servants at the OPC are expected to comply with the requirements set out in this Code, the Values and Ethics Code for the Public Sector and the Directive on Conflict of Interest, which is a condition of employment. Failure to abide by these values and expectations, may result in administrative or disciplinary measures up to and including termination of employment.

Public servants are required to take all possible steps to recognize, prevent, report, and resolve any real, apparent or potential conflicts of interest or conflict of duties during their employment in the public service and when leaving the public service. At the OPC, this includes attesting in letters of offer and annually they are aware of and respect the Codes; and completing and submitting a confidential report on conflicts of interest to Human Resources within 60 days every time there is a significant change in their personal affairs or official duties. This includes submitting or updating a confidential report on conflict of interest whenever there is any change that results in a real, apparent or potential conflict of interest. Moreover, all persons employed must complete the mandatory training on Values and Ethics Foundations for Employees (FON301) (all OPC staff) and Values and Ethics Foundations for Managers (FON302) (managers only). Note: Courses must be retaken every 5 years.

Public servants who are also managers

Public servants who are also managers play a critical role in shaping the ethical culture of the organization. Their influence extends beyond their formal position, modeling ethical behaviour and setting the standard for integrity, accountability and ethical decision-making. In addition to respecting, adhering to and actively demonstrating the values set out in the Codes in their actions, decisions and interactions, managers at all levels have an additional responsibility to foster open dialogue and encourage discussions with their employees about the values and expected behaviours and their application in the workplace.

Privacy Commissioner

As chief executive of a public sector organization, the Privacy Commissioner has specific responsibilities under the Public Servants Disclosure Protection Act, including establishing this Code and an overall responsibility for fostering a positive culture of values and ethics in our organization and identifying designated officials and representatives with responsibilities related to values and ethics (Appendix A).

The Privacy Commissioner is responsible for ensuring the non-partisan provision of programs and services by the OPC and for ensuring that this Code and internal disclosure procedures are implemented effectively and that they are regularly monitored and evaluated.

Appendixes

Appendix A – Resources

The following is a list of available resources within and outside of the OPC:

Designated OPC Officials and Representatives:

• Senior Official for the prevention and the resolution of conflict of interest, post-employment measures and for disclosure of wrongdoing
• Champion for Values and Ethics
• Designated Political Activities Representative

OPC Resources

• Human Resources (Values and Ethics Team)
• Prevention and resolution of harassment in the workplace

External Resources

• Employee Assistance Program (EAP)
• Informal Conflict Management Services
• Ombuds
• Public Sector Integrity Commissioner of Canada
• Public Service Commission
• Union representatives
• Values and Ethics Learning Path (Canada School of Public Service)

Appendix B – Acts, Policies and Publications

The following is a list of acts, policies and publications that further elaborate on the expected behaviours described in this Code. This list includes the most pertinent resources and reference materials available but does not necessarily include all available documents.

OPC Policies and Publications

• Operating Standard on the Acceptable Use of Networks and Devices
  • Frequently Asked Questions – Usage of Mobile Devices
• Security Management Policy
• Values and Ethics Code and the Use of Social Media
• Workplace Harassment and Violence Prevention Policy
• Workplace Health & Safety Policy

Government of Canada Policies and Publications

• Directive on Conflict of Interest
• Directive on Employment Equity, Diversity and Inclusion
• Directive on Official Languages for People Management
• Directive on the Prevention and resolution of Workplace Harassment and Violence
• Duty of Loyalty
• Frequently Asked Questions – Deciding to disclose wrongdoing
• Guidance from the Public Service Commission on Political Activities
• Guideline on Acceptable Network and Device Use
• Policy on Government Security
• Policy on Official Languages
• Policy on People Management
• Occupational Health and Safety Directive
• Values and Ethics Code for the Public Sector

Acts

• Access to Information Act
• Canadian Charter of Rights and Freedoms
• Canadian Human Rights Act
• Canada Labour Code
• Conflict of Interest Act
• Constitution Act
• Copyright Act
• Criminal Code
• Employment Equity Act
• Federal Public Sector Labour Relations Act 
• Financial Administration Act
• Lobbying Act
• Official Languages Act
• Personal Information Protection and Electronic Documents Act
• Privacy Act
• Public Servants Disclosure Protection Act
• Public Service Employment Act