Government of New Brunswick
 

Policy Statement


The removal of conflicts of interest by public officials is central to the maintenance of public trust and confidence in government.

Employees shall not engage in any business or transaction of a financial or personal nature that would compromise the fair and honest discharge of their official duties.

There must not be, nor appear to be, any conflict between the private interest of the employee and the employee’s responsibility to the public.
 

 

Application

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The Conflict of Interest policy applies to:

 

Definition

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The Conflict of Interest Policy offers the following definitions:
 

Terminology Definitions
Deputy Head Deputy Minister or designated head of any portion of Part I of the public service
Employee Any person

- not covered by the Conflict of Interest Act
- employed in those portions of the public service of the Province of New Brunswick listed in the schedule of the Public Service Labour Relations Act
Employer Province of New Brunswick
Outside employment Any employment for remuneration other than the employee's principal employment in the public service
Public Service Departments, Boards, Commissions, Corporations, Agencies, District Administrative Units, Regional Health Authority specified in the schedule of the Public Service Labour Relations Act
Senior Executive Officer Part I - Deputy Head
Part II - Superintendent of a School District
Part III - Chief Executive Officer
 

Responsibilities for Administering the Policy

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The responsibility for the implementation and administration of the Conflict of Interest Policy is as follows:
 

Role
Responsibility
Senior Executive Officer shall determine whether a conflict of interest exists or is likely to exist.
may issue instructions
- which modify, vary or add to matters dealt with herein
- provided they are not more permissive.
Managers and supervisors (responsible to the senior executive officer) ensure that their immediate subordinates are familiar with provisions of this policy, and
apply or recommend any appropriate action necessary to ensure compliance.
Employees shall advise the senior executive officer of any conflict of interest situation in which they find themselves.
 

Situations to Avoid

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Employees shall :

  • avoid circumstances where they could confer or appear to confer a benefit on themselves, a relative, friend or business associate;
  • avoid giving unwarranted special consideration or preferential treatment to any person or organization for any reason;
  • not disclose to others, or use to further their personal interest, confidential information acquired in the course of performing official duties;
  • not demand or accept a reward, gift (or favour of any kind) from a person or organization with whom the employee is, or may be, dealing on behalf of the employer if the reward, gift or favour could reasonably be deemed to influence the employees in the performance of their duties;
  • not use the employer’s property or lands for activities not associated with the official discharge of duties unless with prior approval of the Board of Management.
     
 

Outside Employment

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No employees shall undertake outside employment if, in the opinion of the senior executive officer, the outside work would give rise to a conflict of interest or adversely affect their work performance.

Employees who have outside employment, or who are considering outside employment, shall advise their supervisor. Where there is a possibility that the outside employment would give rise to a conflict of interest, employees shall obtain the approval of the senior executive officer.
 

 

Consequences to Violation of this Policy

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While it is not the employer’s desire to interfere with the non-work hours of an employee it must be recognized that the employer may prohibit outside employment that is detrimental to the public interest.

Violating the provisions of this policy may result in disciplinary action up to and including dismissal.
 

 

Procedures for Disclosure of Conflict of Interest

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Some positions in the public service are more susceptible than others to conflicts of interest. Below are the steps to follow:
 

Step Action
1
Employees advise the Senior Executive Officer of any conflict of interest situation in which they find themselves.
The Senior Executive Officer may require employees who occupy positions that have a greater potential for conflict of interest to furnish a sworn disclosure statement (See Statement of Disclosure attached).
2
The employee completes the Statement of Disclosure and submits to the Senior Executive Officer who shall ensure its confidentiality
- upon request, or
- at the time of entry into the Public Service, or
- by a specified date in each calendar year after appointment.
 

Exempt from Disclosure

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The following property is exempt from disclosure by employees, a spouse or dependent child:

  • the primary residence owned or controlled by any such person;
  • the primary recreational property owned or controlled by any such person;
  • automobiles owned or controlled by any such person;
  • items of domestic, household or personal use or ownership including cash, bonds issued by non-profit making companies or institutions, trust and bank certificates and retirement saving plans.
     
 

Authority

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The authorities for this policy are:

  • Treasury Board Minutes 81-332 and 81-596
  • Board of Management Minute 87.0579