P1 — Conflict of Interest

Policy Owner: Chief Human Resources Officer
Approver: President and CEO
Date Approved: January 23, 2024
Next Review Date: January 2029

See the P1 — Conflict of Interest Procedures ›

1. Purpose

1.1

Red River College Polytechnic (“RRC Polytech”) employees will comply with this policy and avoid conflicts of interest. RRC Polytech employees will behave with the highest standards of ethical conduct, including as it relates to conflicts of interest, in accordance with Policy P3 – Ethical Behaviour and Code of Conduct (the “Code of Conduct”)

1.2

The purposes of this Policy, and its associated Procedures, are to:

1. Ensure that all affairs of RRC Polytech are conducted in a manner that is free from, or appropriately manages conflicts of interest, perceived conflict of interests or potential conflicts of interest;
2. Uphold the trust of College Community and the public at large; and
3. Is consistent with the values of an ethical public service as set out in the Code of Conduct.

2. Application

2.1

This Policy applies to all RRC Polytech Employees.

3. Principles

3.1

As members of the broader public service, and as outlined in the Code of Conduct, RRC Polytech is committed to ethical and transparent behaviour that meets the highest standards of an ethical public service. Conflicts of Interest are a form of unethical behaviour that require specific management. The principles of Recognition, Declaration and Management guide the manner in which RRC Polytech handles Conflicts of Interest.

1. Recognition: Employees must recognize Conflicts of Interest, Perceived Conflicts of Interest or Potential Conflicts of interest.
2. Declaration: Employees must declare Conflicts of Interest, Perceived Conflicts of Interest or Potential Conflicts of Interest to maintain their legal duty of faithfulness to RRC Polytech to permit review and, where appropriate, management.
3. Management: RRC Polytech will appropriately manage all Conflicts of Interest, Perceived Conflicts of Interest or Potential Conflicts of Interest in a manner that protects the interests, integrity, and reputation of the Employee and RRC Polytech, and that will withstand the test of reasonable and independent scrutiny.

4. Policy

4.1

Employees shall recognize situations that amount to Conflicts of Interest, Perceived Conflicts of Interest or Potential Conflicts of Interest as defined by this Policy and shall not engage in any activity which creates a Conflict of Interest, a Perceived Conflict of Interest or a Potential Conflict of Interest unless approval has been provided by the appropriate Manager with the authority to grant such approval and a Mitigation Management Plan which appropriately and adequately mitigates the impact of the conflict has been established and communicated to the Employee.

4.2

Employees must Declare, in accordance with the Procedures, any instance of Conflict of Interest, Perceived Conflict of Interest or Potential Conflict of Interest, as soon as they become aware of the relevant circumstances, including a change in circumstances previously Declared.

4.3

If an Employee is unclear on whether an activity constitutes a Conflict of Interest, Perceived Conflict of Interest or Potential Conflict of Interest, they must submit a Declaration in accordance with the Procedures to seek advice.

4.4

Where RRC Polytech determines that a Declaration discloses a Conflict of Interest, a Perceived Conflict of Interest or Potential Conflict of Interest, RRC Polytech will manage the situation appropriately by directing the employee to cease the activity or by creating a Mitigation Management Plan in accordance with the Procedures.

4.5

Mitigation Management Plans shall be in writing and set out the measures that an Employee must follow while the circumstances that form the basis of their Declaration continue. The Mitigation Management Plan may include any measures that RRC Polytech requires to ensure ethical behaviour including, without limitation:

1. Reimbursing RRC Polytech for financial advantages;
2. Establishing appropriate confidentiality measures;
3. Complying with any other mitigation measures as determined by RRC Polytech; and/or
4. Providing continuing information regarding the situation for monitoring.

4.6

If an Employee engages in a Conflict of Interest, fails to comply with a Mitigation Management Plan, or otherwise breaches this Policy, RRC Polytech may impose disciplinary action up to and including termination. In addition, RRC Polytech reserves the right to commence civil action and/or refer the behaviour to police or other regulatory authorities.

4.7

Any Employee who is aware of unethical behaviour by another Employee, including a breach of this Policy, should make a Disclosure of such behaviour pursuant to the Code of Conduct or Policy P2 – Public Interest Disclosure Protection as applicable. Any person who makes a Disclosure in good faith shall not be subject to reprisal.

5. Responsibilities

5.1

Individuals offered Employment with RRC Polytech are responsible for:

1. Recognizing potential Conflicts of Interest, and
2. Declaring the circumstances in accordance with the Procedures prior to commencing employment.

5.2

All Employees are responsible for:

1. Completing an Annual Conflict of Interest Statement in accordance with Human Resources processes;
2. Recognizing Conflicts of Interest, perceived Conflicts of Interests or Potential Conflicts of Interest;
3. Declaring the circumstances that lead to a Conflict of Interest, Perceived Conflict of Interest or Potential Conflict of Interest in accordance with the Procedures.
4. Abiding by the directions issued by RRC Polytech in relation to the circumstances, including ceasing the activity in question or complying with a written Mitigation Management Plan concerning the monitoring and management of Conflict of Interest.

5.3

Managers are responsible for:

1. Evaluating a Declaration made by an Employee under their supervision and determining whether a conflict exists for the Employee. Managers shall consult with Human Resources Services and/or their Deans, Directors or Executives, as the case may be, for guidance.
2. Determining whether to approve or prohibit the activity in question.
3. Establishing a Mitigation Management Plan and communicating the plan to the Employee in question.

5.4

The Human Resources Services Department is responsible for:

1. Providing advice, policy interpretation and recommendations concerning Conflicts of Interest, Perceived Conflicts of Interest or Potential Conflicts of Interest.
2. Ensuring that new employees complete a Declaration in accordance with the Procedures before starting their position.
3. Assisting managers with the development of Mitigation Management Plans.

5.5

The Chief Human Resources Officer is responsible for:

1. Establishing any Procedures that may be required to implement this Policy in a consistent and transparent manner.

6. Definitions

6.1

The words in this Policy shall be defined consistently with the words in RRC Polytech’s Glossary except where set out below.

6.2

“Conflict of Interest” means a situation that gives an Employee the opportunity for external personal or financial gain, arising from their employment or which unethically exploits the relationships established due to their employment at RRC Polytech. A Conflict of Interest may make it difficult for an Employee to fulfill the duties of their employment fairly or ethically.

Conflict of Interest occurs when an Employee acts in a way that:

1. is incompatible with the impartial, objective, and effective performance of the responsibilities and duties of their employment at RRC Polytech;
2. is detrimental to the interests of RRC Polytech; or
3. is potentially harmful to the integrity or mandate of RRC Polytech.

Most commonly, the interest in question is that of an individual. However, this policy applies equally to one whose actions are advantageous to Immediate Family, associates, or organizations with which the individual has an affiliation.

Conflict of Interest exists because of the circumstances of the situation. It is not dependent on the character, motives, or intentions of the individuals involved.

Conflict of Interest includes Conflicts of Commitment where the personal or business interests of an Employee are substantial and demanding, or organized in such a manner as to interfere, or have the potential to interfere, with or dilute the Employee’s primary or professional obligation to RRC Polytech.

6.3

“Declaration” means a declaration of Conflict of Interest. Declarations may only be made by the Employee themselves.

6.4

“Disclosure” An observer, or any other third party may make a Disclosure of Unethical Behaviour under the Ethical Behaviour and Code of Conduct Policy- P3 or, if the circumstances amount to Wrongdoing, may make a disclosure under the Public Interest Disclosure Protection Policy- P2.

6.5

“Employee” means any individual employed by RRC Polytech including, without limitation full-time, part-time and contract faculty, support staff and administrators of RRC Polytech.

6.6

“Immediate Family” is defined in subsection 251(6) of the Income Tax Act, which includes individuals connected by a blood relationship, marriage, common-law partnership, or adoption.

6.7

“Manager” for the purposes of this Policy, means the individual to whom the Employee making the Declaration reports.

6.8

“Mitigation Management Plan” means a written statement outlining the actions deemed appropriate to mitigate and resolve the Conflict of Interest, Perceived Conflict of Interest or Potential Conflict of Interest.

6.9

“Perceived Conflict of Interest” means a situation where an independent observer might reasonably question whether the individual’s professional actions or decisions are determined by considerations of personal gain – financial or otherwise- for themselves or an individual with a close relationship such as an immediate family member. This includes a perceived conflict of commitment where a reasonable observer may conclude that the outside interests interfere with or dilute the Employee’s primary or professional obligation to RRC Polytech.

6.10

“Potential Conflict of Interest” means a situation where there is a reasonable likelihood that an individual’s professional actions or decisions are determined by considerations of personal gain – financial or otherwise- for themselves or an individual with a close relationship such as an immediate family member. This includes a perceived conflict of commitment where a reasonable observer may conclude that the outside interests have the potential to interfere with or dilute the Employee’s primary or professional obligation to RRC Polytech.

6.11

“Reprisal” means a detrimental or unfair action taken against a person because they have Disclosed a conflict or co-operated in an investigation of Unethical Behaviour. Reprisal could include, without limitation, a hostile work environment, unfair changes to employment conditions, discipline, demotion or other differential treatment resulting in detriment to the person making the Disclosure.

7. Review

7.1

This Policy will be reviewed and updated as required within five years of its approval date.

8. Related Documents

1. A-10 Intellectual Property and Copyright
2. M4 – Use of College Equipment and Property
3. IT1 – Acceptable Use of Information Technology Resources
4. IT2 – Security of Information Technology Resources
5. P2 – Public Interest Disclosure, Whistleblower Protection
6. P3- Ethical Behaviour and Code of Conduct
7. The Public Service Act C.C.S.M. c. P217