Acts of Founded Wrongdoing

Reference Number: FW-2018-Q1-00001

Organization: Canada Border Services Agency

File Identification Number: ID-1819-06 & ID-1819-14

File Identification Date: 2018-09-21

Findings and Conclusions: a gross mismanagement in the public sector; a serious breach of a code of conduct established under section 5 or 6

Case Description: This investigation resulted in a finding of wrongdoing (gross mismanagement and a serious breach of the CBSA Code of Conduct) in fiscal year 2018-2019. The CBSA’s Internal Disclosure Division received two related disclosures of wrongdoing pursuant to the Public Servants Disclosure Protection Act (the Act). Allegations were made that the behaviour of a CBSA executive amounted to serious breaches of the CBSA Code of Conduct (the Code) (wrongdoing pursuant to subsection 8(e) of the Act), and gave rise to an allegation of gross mismanagement in the public sector (wrongdoing pursuant to subsection 8(c) of the Act). A thorough investigation was conducted, which determined that certain of the allegations were founded and that the executive had committed gross mismanagement and a serious breach of the Code, as defined by the Act. Specifically, the executive was found to have contravened the Code by: • being in a conflict of interest with an employee and failing to take appropriate action • showing favoritism and extending preferential treatment to that employee It was determined that the cumulative effect constituted gross mismanagement in the public sector.

Recommendations and Corrective Measures: The Senior Officer for Internal Disclosure has informed the President of the findings of the investigation and presented 3 recommendations: 1. That the executive undertake conflict of interest training. 2. That the executive not be reinstated in the specific position held when the gross mismanagement was committed. 3. That the quantum of discipline should guide any disciplinary action.