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Commissioner's Directives >
Code Of Discipline

Commissioner's Directive

Date:
2011-08-02

Number:
060
CODE OF DISCIPLINE

Issued under the authority of the Commissioner of the Correctional Service of

Canada

Policy Bulletin 334

Policy Objective
General Responsibilities
Professional Standards
Responsible Discharge of Duties
Conduct and Appearance
Relationships with Other Staff Members
Relationships with Offenders
Conflict of Interest
Protection and Sharing of Information
Enquiries
Annex A - Reporting and Responding to Allegations of Mistreatment,
Harassment, or Discrimination by Staff Towards Offenders

POLICY OBJECTIVE

1. To ensure high standards of conduct for employees of the Service.

GENERAL RESPONSIBILITIES

2. Management of the Service is responsible for:

ensuring that all employees are adequately trained and informed of the
Standards of Professional Conduct and the Code of Discipline and other
directives and regulations;
promptly and impartially taking appropriate corrective action when
necessary.

3. Employees of the Service are responsible for adhering to the Standards of

Professional Conduct. Arising from the Standards of Professional Conduct are
a number of specific rules that employees of the Correctional Service of
Canada are expected to observe. Some examples of infractions are given in a
list below each specific rule. These lists are not exhaustive.

4. Each employee of the Service is also expected to be conversant with, and

adhere to the various Acts, Regulations and policies affecting employees of
CSC as well as the instructions and directives of the Service.
PROFESSIONAL STANDARDS
Responsible Discharge of Duties

5. Staff shall conduct themselves in a manner which reflects positively on the

Public Service of Canada, by working co-operatively to achieve the objectives
of the Correctional Service of Canada. Staff shall fulfil their duties in a diligent
and competent manner with due regard for the values and principles
contained in the Mission Document, as well as in accordance with policies and
procedures laid out in legislation, directives, manuals and other official

documents. Employees have an obligation to follow the instructions of

supervisors or any member in charge of the workplace and are required to
serve the public in a professional manner, with courtesy and promptness.
Infractions

6. An employee has committed an infraction, if he/she:

fraudulently records, or fails to record, his/her attendance or that of

another employee;
is late for duty, absent from duty or leaves his/her assigned place of duty
without authorization;
fraudulently seeks to obtain, or fraudulently obtains, documentation
required for approval of leave of absence from duty;
refuses to testify before or submit evidence to, or obstructs, inhibits or
otherwise hampers any investigation which is conducted pursuant to any act
of Parliament or any investigation as defined in the Commissioner's Directive
041 - Incident Investigations;
makes public statements which harshly criticize the Service, the
Government of Canada, or the Federal Crown, concerning policies, practices
and/or programs of the government, or violates the Oath of Office and
Secrecy;
fails to take action or otherwise neglects his/her duty as a peace officer;
fails to conform to, or to apply, any relevant legislation, Commissioner's
Directive, Standing Order, or other directive as it relates to his/her duty;
fails to promptly obey the lawful orders or commands of any other
employee who is in charge or superior in line of authority;
wilfully or negligently causes unjustified waste, loss, or damage to any
property of the Service or the property of any other person in the course of
the performance of his/her duty;
wilfully or through negligence, makes or signs a false statement in relation
to the performance of duty;
as a supervisor, or as one in authority, condones or fails to take action
when an employee has committed an infraction of the Standards of
Professional Conduct, a breach of discipline or any other irregularity coming

to his/her attention;
fails to report to a superior authority any contraband found in the
possession of another employee, offender or member of the public;
performs his/her duty in a careless fashion so as to risk or cause bodily
harm or death to any other employee of the Service, or any other person(s),
either directly or indirectly;
uses excessive force (that is, more force than is reasonable and necessary)
to carry out his/her legal duties;
through negligence, permits an offender to escape;
neglects to take, to the utmost of his/her ability, appropriate action when
an offender:
escapes,
assaults an employee, another offender, or member of the public,
engages in any action likely to endanger life or property.

Conduct and Appearance

7. Behaviour, both on and off duty, shall reflect positively on the Correctional
Service of Canada and on the Public Service generally. All staff are expected
to present themselves in a manner that promotes a professional image, both
in their words and in their actions. Employees dress and appearance while on
duty must similarly convey professionalism, and must be consistent with
employee health and safety.
Infractions

8. An employee has committed an infraction, if he/she:

displays appearance and/or deportment which is unbecoming to an

employee of the Service while on duty or while in uniform;
is abusive or discourteous by word or action, to the public, while on duty;
acts, while on or off duty, in a manner likely to discredit the Service;

commits an indictable offence or an offence punishable on summary

conviction under any statute of Canada or of any province or territory, which
may bring discredit to the Service or affect his/her continued performance
with the Service;
fails to advise his/her supervisor, before resuming his/her duties, of being
charged with a criminal or other statutory offence;
fails to account for, improperly withholds, misappropriates or misapplies
any public money or property or any money/property of any other person(s)
coming into his/her possession in the course of duty or by reason of his/her
being a member of the Service;
consumes alcohol or other intoxicants while on duty;
reports for duty impaired or being unfit for duty due to influence of alcohol
or drugs;
sleeps on duty.

Relationships with Other Staff Members

9. Relationships with other staff members must promote mutual respect

within the Correctional Service of Canada and improve the quality of service.
Staff are expected to contribute to a safe, healthy and secure work
environment, free of harassment and discrimination.
Infractions

10. An employee has committed an infraction, if he/she:

interferes with the work of others;

is abusive, by word or action, to other employees, while on duty or under
circumstances related to his/her duties;
participates in an illegal strike or concerted action which results in absence
from duty or failure to perform his/her duties;
coerces, incites or attempts by any means to obtain the participation of
another employee(s) in an illegal strike, concerted action, or in the

commission of an infraction of the Standards of Professional Conduct;

commits any act of personal or sexual harassment, or discrimination
against another staff member;
disregards established safety practices;
fails to promptly report a work accident;
fights with other employees of the Service or a member of the public while
on duty.

Relationships with Offenders

11. Staff must actively encourage and assist offenders to become law abiding
citizens. This includes establishing constructive relationships with offenders
to encourage their successful reintegration into the community. Relationships
shall demonstrate honesty, fairness and integrity. Staff shall promote a safe
and secure workplace, free of mistreatment, harassment and discrimination,
and respect an offender's cultural, racial, religious and ethnic background,
and his/her civil and legal rights. Staff shall avoid conflicts of interest with
offenders and their families.
Infractions

12. An employee has committed an infraction, if he/she:

maltreats, humiliates, harasses, discriminates and/or is abusive, by word or

action, to an offender or the offender's friends or relatives;
improperly uses his/her title or authority to personal gain or advantage;
enters into any kind of personal or business relationship not approved by
his/her authorized superior with an offender or ex-offender, or the offender's
or ex-offender's friends or relatives;
gives, or receives, any gift, gratuities, benefits or favours, or engages in
personal business transactions with an offender or ex-offender or the
offender's or ex-offender's friends or relatives;
hires an offender to perform any work or provide any service without first

obtaining the written permission of his/her supervisor;

gives to, or receives from any offender or ex-offender, or the offender's or
ex-offender's friends or relatives, either directly or indirectly, any contraband;
fails to report situations of mistreatment, harassment and/or discrimination
of offenders by employees.

Conflict of Interest

13. Staff shall perform their duties on behalf of the Government of Canada
with honesty and integrity. Staff must not enter into business or private
ventures which may be, or appear to be, in conflict with their duties as
correctional employees and their overall responsibilities as public servants.
Infractions

14. An employee has committed an infraction, if he/she:

fails to disclose a conflict of interest as contained in the Conflict of Interest

and Post-Employment Code for the Public Service, or fails to follow the
decision of the Commissioner or his authorized representative with respect to
a declaration of conflict of interest;
improperly uses his/her title or authority to personal gain or advantage;
improperly uses the services of another employee, the property of the
Service or anything produced by offender labour at any time, for activities
that have not been officially approved.

Protection and Sharing of Information

15. Staff shall treat information acquired through their employment in a

manner consistent with the Access to Information Act, the Privacy Act, the
Policy on Government Security, and the Oath of Secrecy taken by all
employees of the Public Service of Canada. They shall ensure that
appropriate information is shared in a timely manner with offenders, with

other criminal justice agencies and with the public, including victims, as
required by legislation and policy.

16. The Correctional Service of Canada recognizes and respects the

confidentiality requirements of particular professional groups such as
chaplains and medical staff.

17. Supervisors are responsible for providing their employees with direction
and guidance concerning the protection and release of information.
Infractions

18. An employee has committed an infraction, if he/she:

fails to properly safeguard all documents, reports, directives, manuals, or

other information of the Service;
fails to observe the provisions of the Privacy Act and the Access to
Information Act;
commits a breach or violation of the Policy on Government Security;
fails to disclose, where appropriate, any information which he/she has an
obligation to share.

ENQUIRIES

19. Strategic Policy Division

National Headquarters
Email: Gen-NHQPolicy-Politi@CSC-SCC.GC.CA

Commissioner,

Original Signed by:

Don Head

ANNEX A - REPORTING AND RESPONDING TO ALLEGATIONS OF

MISTREATMENT, HARASSMENT, OR DISCRIMINATION BY STAFF TOWARDS
OFFENDERS
RESPONSIBILITIES

All CSC staff members have the obligation to report any situation where they
believe an offender is being mistreated, harassed or discriminated against by
a staff member.

Institutional Heads/District Directors are responsible for resolving situations of

mistreatment, harassment, or discrimination of which they are made aware,
whether or not a complaint/grievance has been made, and to take immediate
corrective action as appropriate.
PROCESS

Staff members will report any situation where they believe an offender has
been mistreated, harassed or discriminated against by a staff member to
either their Manager or to the Institutional Head/District Director. In instances
where the allegation is reported to a Manager, the latter must immediately
report it to the Institutional Head/District Director.

If an employee does not feel it is possible to disclose such an incident to

his/her Manager or the Institutional Head/District Director, he/she can contact
the Regional Office of Informal Conflict Resolution, the Senior Officer, Internal
Disclosure, Values and Ethics Branch, National Headquarters, to make a
formal disclosure, or the Public Sector Integrity Commissioner's Office. For
contact information, refer to the Guide for Reporting Wrongdoing Under the
Public Servants Disclosure Protection Act.
Assessment of Allegation

Upon becoming aware of such allegations, the Institutional Head/District

Director will take action and act with due diligence to assess the validity and
seriousness of the allegations by obtaining the specifics. He/she must also
determine if any action to alleviate the potential mistreatment, harassment
or discrimination needs to occur immediately, including but not limited to
physically separating the applicable parties (i.e. staff member(s) and
offender) from each other.

The Institutional Head/District Director will assess whether the matter can be
settled by speaking informally with the parties involved. He/she will decide
whether it would be appropriate to attempt to resolve the situation through
informal resolution mechanisms such as coaching, counselling, mediation and
resolution circles. A fact finding/investigation may be convened.

The Institutional Head/District Director will document his/her actions and

share their findings with the Regional Deputy Commissioner. The
documentation must demonstrate conclusively the basis for arriving at the
findings in instances where a fact finding/investigation is not convened. The
documentation will be kept in the Institutional Head/District Director's office.

Resources can assist where appropriate, including staff from Labour

Relations, Values and Ethics, etc.
Convening a Fact Finding/Investigation

If the Institutional Head/District Director decides to convene a fact

finding/investigation, he/she will specify the mandate to the investigator(s).
He/she will also ensure that persons conducting the fact finding/investigation
are appropriately trained for the particular issue being investigated (e.g.
gender, diversity), that they are impartial, that they have no supervisory
relationship with the parties, and that they are not in a position of conflict of
interest. At least one investigator will not have a reporting relationship to the
Institutional Head/District Director.

The investigator(s) will provide the Institutional Head/ District Director with a
copy of the draft report within the timeframe outlined in the convening order.

The implicated parties will be given the opportunity to make representations,

which will be considered in the final report.

The final fact finding/investigation report will be provided to the Institutional

Head/District Director, and a copy will be shared with the Regional Deputy
Commissioner.

The Institutional Head/District Director will inform the offender, respondent,

and the person who made the allegation of the outcome of the fact
finding/investigation. Requests for documents relating to the fact
finding/investigation must be solicited formally under the Access to
Information Act or the Privacy Act.

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Date Modified:
2011-08-02

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