Parliamentary Committee Notes: Q & As – Status of Investigations and Obligations of Public Servants

A. Status of Investigations

Why did PHAC use an external security firm to conduct the investigations? 

PHAC performed the initial fact finding for the investigation but engaged a private firm to ensure fairness and transparency and eliminate any potential for bias. This is a common practice for security investigations.    

What is the difference between a fact-finding mission and an administrative investigation? What instigated the fact-finding mission? 

A fact-finding exercise is the precursor to a formal administrative investigation. A fact-finding exercise gathers and documents information pertaining to an issue to determine whether the facts warrant the initiation of an in-depth investigation to determine or confirm what occurred, the factors that contributed to the issue being investigated and whether it constitutes misconduct or a breach of policies. The purpose of an administrative investigation is to establish whether an employee’s behaviour or actions were inappropriate and culpable, and whether the actions constitute misconduct that might warrant the imposition of corrective measures. An investigation is therefore a means of establishing factual and documented findings.

What is the status of the employees?  Is PHAC still in contact with them?

The two scientists were terminated in 2021 and PHAC does not have contact with them. 

Are investigations into these two employees still ongoing?

Notwithstanding the public release of certain documents in Parliament, PHAC maintains the confidentiality of employment matters for current and former employees in line with the Privacy Act. 

B. Obligations of Public Servants

Can public servants accept payment or have their travel paid for by another organization?

Public Servants are required to demonstrate the values and expected behaviours outlined in the Public Health Agency of Canada’s Values & Ethics Code, which is consistent with the Values and Ethics Code for the Public Sector.  As such, employees should avoid any real, apparent or potential conflicts of interest (COI) and discuss any ethical issues with their managers and the COI office.

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