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Organization: Canadian Government
Date Approved: Undated
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ETHICS AND DISCIPLINE IN THE CIVIL SERVICE

PRESENT: The Lieutenant-Governor in Council. Concerning the Regulation respecting ethics and discipline in the civil service. Whereas the full performance of the duties of civil service employees calls for their knowledge of the standards of ethics and discipline which they are bound to observe: Whereas a sound and impartial management of such employees calls for, on the part of managers, an efficient awareness of the disciplinary offences which they are responsible for containing; Whereas it is therefore in the interest of the Government and of employees of the civil service that standards of ethics and discipline applicable to the latter be consolidated into one governing regulation, Considering section 54a of the Civil Service Act (S.Q., 1965, ch. 14 and am.), which enacts that, "upon the recommendation of the Minister of the Civil Service, the Lieutenant-Governor in Council may establish, by regulation, standards of ethics and discipline applicable to members of the civil service." It is ordered upon the recommendation of the Minister of the Civil Service: That the Regulation annexed hereto respecting the standards of ethics and discipline applicable to members of the civil service be approved.

JULIEN CHOUINARD,
Clerk of the Executive Council.

Regulation respecting ethics and discipline in the civil service

Division 1 INTERPRETATION

  1. In this Regulation the following expressions mean:

  1. "member of the civil service": every person referred to in section 2 of the Civil Service Act;

  2. Hours of service": working hours, including meal periods when the latter are taken on the work premises, and intercalary rest periods.

Division 2 SERVICE DUTIES

  1. Every member of the civil service must fully perform all his duties.

Without restricting the scope of this rule and subject to the provisions of the collective agreements, the following shall be considered a breach of discipline:

  1. failure to comply with work schedules;

  2. unjustified and unauthorized absence,

  3. intoxication during working hours;

  4. individual or collective refusal or instigation to refuse to perform one's duties except in the case of a legal strike.

  1. Every member of the civil service must perform the tasks entrusted to him with diligence and efficiency.

Without restricting the scope of this rule, the following shall be considered a breach of discipline:

  1. habitual negligence, indifference or inaccuracy in the performance of his duties;

  2. failure to obey orders or directives of a superior, except in the case of illegality or threat to the health or safety of the subordinate employee;

  3. lack of courtesy, refusal or neglect to serve citizens requiring services, the providing of which is part of the normal performance of his duties.

  1. Every member of the civil service must perform his duties with integrity.

Without restricting the scope of this rule, the following shall be considered a breach of discipline:

  1. use or approval of the use of government property for personal purposes or for personal gain;

  2. malicious damage or destruction of government property;

  3. withdrawal of or tampering with documents;

  4. unjustified delay in remitting funds belonging to the government.

Division 3 PUBLIC SERVICE DUTIES

  1. Every member of the civil service must perform his duties in a disinterested and impartial manner.
    Without restricting the scope of this rule, the following shall be considered a breach of discipline:

  1. a direct or indirect solicitation or acceptance on his own or on another person's behalf, of a gift, reward, commission, discount, loan, debt remittance, favour or advantage, of a nature which could affect his independence or impartiality;

  2. b the utilization of information which comes to his knowledge in the performance of his duties for personal purposes or for the purpose of benefitting or profiting therefrom.

  1. Every member of the civil service who has, or whose spouse or child has, direct or indirect interests in a business which may cause a conflict between his personal interest and the duties inherent to his position, must submit a written declaration to such effect to the chairman of the Civil Service Commission.
    If the Commission deems that an actual or possible situation of conflicting interests exists, it must report that fact to the Prime Minister in the case of a deputy head, or to the head of the Department as well as to the Minister of the Civil Service in the case of another member of the Civil Service, and indicate the measures it deems necessary to be taken in each case.

  2. Every member of the civil service who intends to publish a text or to give an interview on matters relating to the administration to which he belongs must obtain the prior authorization of his immediate superior.

  3. During hours of service, every member of the civil service must display political neutrality.

  4. Unless he is a candidate, every member of the civil service must, during a federal or provincial election, abstain from all partisan political activities from the time of dissolution of Parliament or of the Legislature, as the case may be, until the date on which the writs of election are returned.

  5. Outside of his hours of service, every member of the civil service must display the reserve inherent to his civil service rank during public discussion involving political opinions.

Division 4 PENALTIES

  1. Depending on the nature and seriousness of the breach to be contained, the disciplinary penalty may consist of a warning, reprimand, disciplinary suspension, removal from employment or dismissal.

  2. Every member of the civil service who has imposed a penalty on one of his subordinate employees because of a breach of duty or obligation enacted by this Regulation must inform the deputy-head or his representative by indicating to him the penalty which he has imposed by reason of such breach or the penalty which he recommends.

  3. Every penalty must be transmitted in writing to the employee concerned and the notice must indicate concisely the nature and circumstances of time and place of the breach of discipline of which he is accused.

  4. No warning or reprimand entered in the record of a member of the civil service shall be used against him after three (3) years of the date of such warning or reprimand.

  5. Every member of the civil service shall be entitled to obtain information on the content of his personal record if he applies therefor to the personnel branch of the department or body to which he is responsible.

  6. Sections 8, 9 and 10 shall not apply to the members of the civil service contemplated in Division XIV of the Civil Service Act.

  7. This Regulation shall not affect the provisions of collective agreements and the provisions of the Regulations of the Civil Service Commission.

  8. This Regulation shall come into force on the day of its publication in the Quebec Official Gazette.

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