Operating a Small Business (M06-16/17)

A public servant provides services to an internal client ministry. The public servant also operates a small business outside of employment by the Crown. The public servant uses similar skills in employment by the Crown and in the outside business.

381/07 prohibits a public servant from using or attempting to use their employment by the Crown to benefit themselves (s. 3). Section 6 prohibits a public servant, when performing their duties to the Crown, from giving preferential treatment to any person or entity. A public servant must endeavor to avoid creating the appearance that preferential treatment is being given. A public servant is also prohibited from offering assistance to a person or entity in dealing with the Crown other than assistance given in the ordinary course of the public servant’s employment. Section 8 prohibits a public servant from engaging in an outside business if the undertaking would interfere with the public servant’s ability to perform his or her duties to the Crown or if, in connection with the undertaking, any person would derive an advantage from the public servant’s employment as a public servant.

To ensure that the public servant did not use and would not be seen as using the public servant’s employment with the Crown to benefit self, the ethics executive directed the public servant not to use the public servant’s employment by the Crown to market, promote or solicit clients for the small business. To mitigate any risk that the public servant’s small business would interfere with the public servant’s ability to perform duties to the Crown, the ethics executive further directed the public servant not to carry on the outside activity during any time for which the public servant is being paid to provide services to the Crown and not to accept as clients of the small business any persons or entities who receive funding from the public servant’s client ministry if there could be a nexus to the public servant’s duties to the Crown.

O. Reg. 381/07, s. 3, 6 & 8.