Acts of Founded Wrongdoing

Reference Number: PSDPA2021-0028

Organization: Global Affairs Canada

File Identification Number: PSDPA2021-0028

File Identification Date: 2021-11-16

Findings and Conclusions: a serious breach of a code of conduct established under section 5 or 6

Case Description: The Global Affairs Canada Senior Officer for Internal Disclosure (SOID) received a disclosure of wrongdoing under the Public Servants Disclosure Protection Act (PSDPA), alleging wrongdoing under section 8 (b) a misuse of public funds or a public asset, (c) a gross mismanagement in the public sector and (e) a serious breach of a Code of Conduct. The investigation concluded that an employee failed to disclose their ownership of leased land in the host country to develop a commercial venture and did not take all possible steps to prevent and resolve an apparent conflict of interest. Additionally, the employee breached Section 3.2 of the DFATD Conduct Abroad Code where it states that, in relation to Article 42 of the Vienna Conventions on Diplomatic Relations, consular officers and diplomatic agents are prohibited from engaging for personal profit in “any professional or commercial activity” inconsistent with their diplomatic status in the host country. The investigation determined the employee committed a wrongdoing as described in paragraph 8 (e) of the PSDPA, a serious breach of the Departmental Values and Ethics Code and the Code of Conduct Abroad.

Recommendations and Corrective Measures: The Senior Officer for Internal Disclosure (SOID) recommended the employee ceases all commercial activities in the host country. The SOID also recommended the delegated manager conduct a disciplinary process to address the founded wrongdoing. Finally, the SOID recommended the employee takes training related to Values and Ethics, namely as it relates to conflict of interest and that future pre-posting training sessions emphasize the obligations for diplomatic agents as it relates to the Vienna Conventions. The corrective measures are being taken accordingly.

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