Code of Conduct

PART 5: Administrative Processes

A. Administration

34.  Administrative processes help members and employees manage ethical dilemmas, including any real or apparent conflict of interest concerns.

35.  The Code Administrator for members and employees is the Chief Appeals Commissioner.

36.  The Code Administrator for the Chief Appeals Commissioner is the Ethics Commissioner.

37.  The Code Administrator receives and ensures the confidentiality of all disclosures, except for disclosures made to the Ethics Commissioner, pursuant to the cabinet directive regarding Financial Disclosure and Conflicts of Interest dated February 3, 1993.

38.  The Code Administrator ensures that any real or apparent conflict of interest is avoided or effectively managed. As well, the Code Administrator is responsible for providing advice and managing all concerns and complaints concerning potential breaches of the Code within the Appeals Commission.

B.  Disclosure

39.  It is the responsibility of each member and employee to declare in writing to the Code Administrator, those private interests and relationships that they think could be seen to impact the decisions or actions they take on behalf of the Appeals Commission.

40.  When there is a change in their responsibilities within the Appeals Commission or in their personal circumstance, members and employees shall disclose in writing, any relevant new or additional information about those interests as soon as possible. Where a real or apparent conflict of interest cannot be avoided, members and employees must take the appropriate steps to manage the conflict.

41.  Members must govern themselves in accordance with the Protocol for Determining Bias Issues when involved in an appeal. Where this Code is applicable, members and employees disclose real or apparent conflicts of interest, so that the Code Administrator is aware of situations that could be seen as influencing the decisions or actions they are making on behalf of the Appeals Commission. This provides members and employees, following a review by the Code Administrator, an opportunity to take action to minimize or remove the conflict. To actively manage a conflict of interest, options include:

i)  Removing themselves from matters in which the conflict exists or is perceived to exist;

ii)  Giving up the particular private interest causing the conflict; and

iii)  In rare circumstances, resigning their position with the Appeals Commission.

C. Reporting a Potential Breach by Another

42. Members and employees are encouraged to report in writing, a potential breach of this Code by another; to their Supervisor for employees or the Code Administrator for members and employees. When reporting a potential breach in good faith and with reasonable grounds, members and employees are protected from retaliation for such reporting.

D. Responding to Potential Breach

43. Once a potential breach has been reported, the Appeals Commission's procedures for responding to and managing a potential breach will be promptly initiated.

44. The Code Administrator will review the circumstance and details of the potential breach and will notify the alleged member or employee. The alleged member or employee has the right to complete information and the right to respond fully to the potential breach. The identity of the reporter will not be disclosed unless, required by law or in a legal proceeding.

45. The Code Administrator makes the final internal decision and completes a report of the review in a timely manner. The decision may range from finding no potential breach to one that reveals suspected criminal conduct.

i) Members and employees who do not comply with the standards of behaviour identified in this Code, including taking part in a decision or action that furthers their private interests, may be subject to disciplinary action up to and including removal of the member or termination of the employee.

i) Members and employees can request in writing that, the Ethics Commissioner review a decision that has been made by the Code Administrator about a real or apparent breach of the Code, including a conflict of interest involving that member or employee.

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