ARCHIVED - Guidelines for Ministers' Offices (2005-09) - Archived

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Appendix F - Conflict of interest and post-employment code for Public Office Holders - Designations of Ministerial Staff and Appointees

1. Ministerial exempt staff

The following persons are subject to the Principles outlined in Part I of the Conflict of Interest and Post-Employment Code for Public Office Holders (2003):

• all persons who work on a voluntarily basis for a Minister of the Crown or a Minister of State;
• all persons on the paid staff of a Minister of the Crown or a Minister of State, full time or part time, on salary or on contract, regardless of the budget source from which they are being remunerated (House of Commons, constituency, Minister's regional office or exempt staff budget), other than public servants.

The following persons are subject to the conflict of interest compliance measures outlined in Part II of the Code:

• all persons who work on a voluntarily basis for a Minister of the Crown or a Minister of State, 15 hours per week or more, on average;
• any contractor or a part-time staff member of a Minister of the Crown or a Minister of State who works 15 hours per week or more, on average; and
• all members of the full time staff of a Minister of the Crown or a Minister of State, other than public servants.

The Deputy Head is responsible for ensuring that departmental employees (public servants) assigned to a Minister's office comply with the provisions of the Values and Ethics Code for the Public Service.

Those individuals who are subject to the provisions of Part II could be subject to the post-employment compliance measures outlined in Part III of the Code, if they are so designated by their Minister of the Crown or Minister of State.

However, staff members occupying the following positions must be subject to Part III of the Code:

• Chief of Staff for Ministers and Ministers of State;
• Senior Policy Advisor;
• Director of Communications (e.g., Head or Manager of Communications, Spokesperson, Press Secretary);
• Director of Parliamentary Affairs;
• Policy Advisor, Senior Special Assistant, Legislative Assistant, Special Assistant and other Assistants working with Cabinet documents or sensitive policy files.

Other staff members may be designated by the Minister as being subject to Part III of the Code in consideration of certain factors. Generally speaking, these would include senior staff members or other staff members whose duties require involvement with sensitive policy files such as those involving Cabinet confidences. Other factors to consider are the staff member's authority, influence, visibility, and salary level (e.g., EX-01 level and above).

2. Students

All students employed in Ministers' or Ministers' of State Offices must comply with the Principles set out in Part I of the Code. The Minister's Office should ensure that the students receive a copy of these Principles when their employment begins.

Normally, students employed in administrative support positions need not be subject to the detailed compliance requirements of Parts II and III of the Code. Therefore, no detailed confidential report on assets, liabilities, activities and benefits is required of them.

Students hired in positions equivalent to that of a Special Assistant, i.e. who work on sensitive matters or have access to Cabinet documents, would be subject to the same requirements as full time exempt staff members. Given the short duration of their employment, the Ethics Commissioner should be informed at once of such individuals, in order to ensure that the necessary compliance arrangements are completed in good time.

3. Ministerial Appointees

Other individuals may be appointed under the authority of a Minister (such as members of some advisory panels). These persons are referred to as "ministerial appointees" in the Code. Part-time ministerial appointees are subject to the Principles in Part I of the Code and any measures established by their organizations. It is the responsibility of the Minister of the Crown or Minister of State concerned to ensure adherence to the Principles. For full-time ministerial appointees who have been designated by the Minister as public office holders, the Ethics Commissioner is responsible for administering the Code. Ministers of the Crown or a Ministers of State are to notify the Ethics Commissioner when designating such full-time appointments as public office holders, indicating whether the post-employment measures in Part III of the Code apply to the individual.

 

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