Disclosure of Information on Founded Wrongdoing

Definition of Wrongdoing

In accordance with section 8 of the Public Servants Disclosure Protection Act (PSDPA), wrongdoing relates to serious violations that go against the public interest, such as:

  • a contravention of an Act of Parliament or any Act of the legislatures of the provinces;
  • the misuse of public funds or public assets;
  • a gross mismanagement in the public sector;
  • an act or omission that creates substantial and specific danger to the life, health and safety of persons or to the environment, other than a danger that is inherent in the performance of the duties or functions of a public servant;
  • a serious breach of a code of conduct (Treasury Board of DND); or
  • knowingly directing or counselling a person to commit any of the wrongdoings described above.

Requirement to Report

In accordance with section 11 (c) of the PSDPA, if wrongdoing is found as a result of a disclosure, the chief executive must "promptly provide public access to information that

(i)  describes the wrongdoing, including information that could identify the person found to have committed it if it is necessary to identify the person to adequately describe the wrongdoing; and

(ii)  sets out the recommendations, if any, set out in any report made to the chief executive  in relation to the wrongdoing and the corrective action, if any, taken by the chief executive in relation to the wrongdoing or the reasons why no corrective action was taken"

In accordance with section 16.5 of the Access to Information Act and section 22.3 of the Privacy Act, information created for the purpose of making a disclosure of wrongdoing or in the course of an investigation into a disclosure under the PSDPA is protected and cannot be released.

In keeping with the requirements of the Act, the following information with respect to founded disclosures within the Department of National Defence is made public.

2009/10:

(1) Contravention of an Act of Parliament and Misuse of Public Funds

On 20 November 2009, the DND Internal Disclosure Office (IDO) received a disclosure pertaining to the alleged contravention of contracting regulations and misuse of public funds.  Specifically:

  • Contravention of Contracting Regulations.  It was alleged that the manager improperly hired a consultant on a series of Call-Ups against Temporary Help Services Standing Offer Arrangements over a two year period; and
  • Misuse of Public Finds.  It was alleged that the manager paid the consultant in excess of $500,000 over a period of just less than two years, more than five times the annual rate of pay for the vacant position.

The subsequent investigation, conducted by the Directorate of Special Examinations and Inquiries, concluded that the allegations were founded; the investigation report contained recommendations that:

  • The DND manager and staff should receive refresher training with respect to-
    • Obligations under the Financial Administration Act (FAA),
    • Contracting within DND,
    • Conflict of Interest, and
    • Employer-employee relationships; and
  • that the chief executive consider imposing administrative or disciplinary sanctions as deemed appropriate under the circumstances.

The DND IDO has informed management of the findings of the investigation and confirmed that corrective action has been taken.  The DND manager has been counselled, and the manager and senior staff have undergone refresher training with respect to obligations under the FAA, contracting for services, conflict of interest and employer-employee relationships. 

2011/12:

(1) Gross Mismanagement, Misuse of Government Funds and Knowingly Directing or Counselling a Person to Commit a Wrongdoing

On 8 March 2011, the DND IDO received a disclosure pertaining to the alleged wrongdoing by several DND employees, specifically:

  • Gross Mismanagement and Misuse of Government Funds – it was alleged that: there were a number of personnel who routinely proceeded on excessive Temporary Duty travel which was unauthorized and seen as unnecessary, and some employees were frequently absent from the workplace, without authority; and
  • Knowingly Directing or Counselling a Person to Commit a Wrongdoing. – It was alleged that one individual instructed his/her staff to always book full-fare economy airfares.

The subsequent investigation, conducted by the Directorate of Special Examinations and Inquiries, concluded that:

  • the allegation of gross mismanagement and misuse of Government funds was unfounded; however;
    • one individual was found to have travelled extensively but with authorization by his/her direct supervisor,
    • one individual was reimbursed for some travel to which he/she was not entitled, and
    • this same individual was absent from the workplace without authority for a significant period of time; and
  • the allegation that the individual directed subordinate staff to always book full-fare economy airfares was founded.

The investigation report contained the following recommendations:

  • when requesting travel authorization, the individual should provide an agenda or detailed breakdown of travel dates requested so that the supervisor would know exactly what he/she was authorizing;
  • the individual’s travel and hours of work be closely monitored;
  • the organization seek legal and HR advice with respect to financial recovery to cover the costs associated with extra travel days authorized but not entitled to and for the days he/she was absent from the place of work without authority.

The DND IDO has informed management of the findings of the investigation and confirmed that corrective action will be taken.  Further information will be posted in due course.