ARCHIVED - Manual for NRC Council

Archived - This content has been developed for the transition binder for the NRC President, December 2020

1. Corporate Profile

Overview

The National Research Council of Canada (NRC) is the Government of Canada's largest science and research organization. It partners with Canadian industry to take research impacts from the lab to the marketplace, where people can experience the benefits. This market‑driven focus delivers innovation faster, enhances people's lives and addresses some of the world's most pressing problems.

Organizational Structure

The NRC comprises four integrated research and development (R&D) divisions under which there are 14 integrated and consolidated research centres (RCs) focused on key industry sectors and representing areas of strategic importance and economic value for Canada.

All research centres have a value proposition to guide how they meet business‑ and government‑identified priorities and challenges through a unique offering of expertise, mission‑oriented research, technical and advisory services, and specialized research facilities.

To complement this broad array of R&D capabilities, NRC's Industrial Research Assistance Program (IRAP) brings together a diverse network of organizations, services and programs to help Canadian small and medium‑sized enterprises (SMEs) develop and exploit technologies in the competitive, global knowledge economy.

Four corporate divisions enable the work of the R&D divisions and IRAP.

Figure 1 below depicts the NRC's organizational structure.

Governance and Accountabilities

The NRC is a departmental corporation, an agency, within the Government of Canada, reporting to Parliament through the Minister of Innovation, Science and Economic Development (ISED). The mandate of the organization is set out in the National Research Council Act.

The NRC has complex accountabilities as shown in Figure 2. An explanation of the role of each player is described below.

Ministers

Ministers are accountable to the Prime Minister of Canada. They are appointed by the Governor General on the advice of the Prime Minister. Ministers are also accountable to Parliament. Most ministerial responsibilities are conferred on Ministers by Parliament through statutes that set out the powers, duties and functions for which the Minister is individually accountable. In addition, Ministers may also have other authorities in common law. They may also have responsibilities assigned to them by the Prime Minister.^{Footnote 1}

This means Ministers and their departments can and routinely do direct or require that the NRC or President undertake actions or comply with various laws and policies. The Minister of Innovation, Science and Economic Development and the Minister of Science and Sport have ongoing accountabilities to Parliament, the Prime Minister, and the public for the operations and activities of the NRC. Both of these Ministers must also agree with and formally approve any Cabinet, Parliamentary, many legal and sometimes other documents within their authorities for the NRC to be able to undertake a range of functions. Given their ongoing importance to the ability of the NRC to perform its duties, these Ministers also have a strong informal guidance and accountability role over the President and the NRC's operations – even where they do not formally approve something, they will be held to account if there are any issues. In 2016 and 2018, the Ministers provided the current President with a formal, public mandate letter.

Council

The NRC Act uses the word "Council" in different ways – sometimes referring to the Council as the advisory body comprised of members (subsection 3(1)), hereafter referred to as "the NRC Council" and sometimes referring to the body corporate (subsection 3(2)), hereafter referred to as "the National Research Council of Canada (NRC)".

NRC Council

The NRC Act states "There is established a Council, to be called the National Research Council of Canada, consisting of a President, a Chairperson and not more than 10 other members, to be appointed by the Governor in Council." See Section 2 of this manual - the Terms of Reference for NRC Council - for more details.

The members of NRC Council have no personal fiduciary obligations or legal accountabilities for their work or advice. The NRC Council members "control and direct the work of the Council [the body corporate] through the President" (NRC Act subsection 5(b)) through advice and guidance to the President. Under the NRC Act, as well as a range of other federal acts such as the Financial Administration Act, the President is a Deputy Head and legally accountable to Parliament, Cabinet (Governor in Council), and Ministers for actions or activities undertaken by the NRC [the body corporate].

NRC Council Members

NRC Council members advise the President on the strategic direction and activity of the organization including providing advice on annual budgets, financial statements, the appointment of senior officers and stakeholder engagement as appropriate.

NRC Council members act as individuals, not representatives of a group or organization.

See Section 2 of this manual - the Terms of Reference for NRC Council - for more details.

NRC Council Chairperson

The Chairperson is responsible for providing effective leadership to the NRC Council members and for all matters pertaining to the operations of the NRC Council.

See Section 2 of this manual - the Terms of Reference for NRC Council - for more details.

NRC President

As the Deputy Head under a variety of federal statues, the President is accountable to Parliament, Cabinet, and Ministers. According to the NRC Act, "The President is the chief executive officer of the Council [body corporate] and has supervision over and direction of the work of the Council [body corporate] and of the officers, technical and otherwise, appointed for the purpose of carrying on the work of the Council [body corporate]". The NRC, generally, has charge of such matters affecting scientific and industrial research in Canada as are assigned to it in legislation and by the Governor in Council (GIC).

The NRC President is accountable to the Ministers for providing sound public service advice on policy and implementation while effectively managing departmental operations. Through reports submitted annually to the Minister, the President is accountable to Parliament for the operations of the NRC. The Ministers often communicate their expectations of the President via mandate letters.

The NRC President also has the accountabilities and responsibilities listed below.

• Accountable to Parliament in his/her role as departmental Accounting Officer and for appearances before Parliamentary Committees such as Public Accounts, Government Operations and Estimates, etc.
• Responsible for responding to the inquiries of the various Agents and Officers of Parliament in the fulfillment of respective statutory duties. This includes both the provision of relevant information as well as responding to the findings and recommendations of reports.
• Responsible for ensuring the organization functions in a manner that is compliant with federal and provincial law and that court rulings are implemented in an effective and timely manner.
• Accountable to the Clerk of the Privy Council for his/her overall performance and the achievement of corporate priorities.
• Accountable to the Treasury Board for the exercise of his/her authorities under the Financial Administration Act (e.g. implement controls, internal audit).
• Accountable under the Official Languages Act for promoting bilingualism in the workplace.
• Responsible under the Federal Public Sector Labour Relations Act for maintaining productive labour/management relations.
• Responsible for assisting Ministers with the overall coordination of his/her portfolio entities (e.g. liaising with agency heads).
• Responsible for various workplace management issues under the Canada Labour Code.
• Responsible for working closely with, and responding to the concerns of, various offices that play a government‑wide coordination or oversight role (e.g. Chief Information Officer, Chief Science Advisor).

With respect to human resource management, the Financial Administration Act establishes the NRC as a separate agency having somewhat greater autonomy in relation to the administration and management of its human resources, but still subject to governmental controls and direction under the provisions of the relevant sections of the Financial Administration Act.

According to the NRC Act, the NRC President is a member of the NRC Council.

Chief Financial Officer

The Chief Financial Officer (CFO) of the NRC has primary responsibility for managing the finances of the organization, including financial planning, accounting operations, management of financial risks, record‑keeping, and financial reporting. As per Treasury Board Policy and in support of the President, the CFO has specific accountabilities for the governance and oversight of the financial management function, maintaining a risk‑based system of internal controls, providing timely and accurate financial information and advice, establishing effective financial management practices and developing a skilled and experienced financial workforce.

While the CFO reports directly to the NRC President, the CFO has functional responsibilities to the Comptroller General of Canada who must be consulted on an appointment to this position. As such, the CFO must maintain an open and collaborative relationship with the Comptroller General and support any initiatives directed by this office.

Chief Audit Executive

The Chief Audit Executive manages the internal audit function at the NRC and reports to the President. In compliance with Government of Canada Standards and International Internal Audit Standards, the Chief Audit Executive is independent from line management and provides objective assurance and advisory activity designed to add value and improve NRC's operations.

The internal audit function supports NRC in achieving its business objectives by bringing a systematic, disciplined approach to assess and improve the effectiveness of NRC management control frameworks, governance and risk management systems and related practices.

Departmental Audit Committee

The Departmental Audit Committee (DAC) is a strategic resource for the President, required under the Financial Administration Act. It provides objective advice and recommendations to the Deputy Head regarding the sufficiency, quality and results of assurance on the adequacy and functioning of the department's risk management, control and governance frameworks and processes (including accountability and auditing systems). Deputy Heads can use this information to enhance accountability, transparency and the overall performance of their departments. As Deputy Head, the NRC President remains accountable for any actions taken on this advice to Parliament, Cabinet, and Ministers, etc.

To foster linkages between the NRC Council and NRC DAC, there has been a practice of NRC Council appointing one of its members to the DAC.

The key areas of responsibility of DAC members are as follows:

• Values and ethics;
• Risk management;
• Management control framework;
• Internal audit function;
• External assurance providers;
• Follow‑up on management action plans;
• Financial statements and Public Accounts of Canada reporting; and
• Accountability reporting.^{Footnote 2}

The DAC requirements for all federal departments and agencies arose in response to the Federal Accountability Act of 2006. In 2007, a DAC was established at NRC. Prior to this, there was a NRC Council Committee on Audit, Evaluation and Risk Management. For the purposes of continuity, the members from this NRC Council Committee were appointed to the inaugural NRC DAC.

Advisory Boards for NRC's Research Centres and IRAP

NRC's 14 RCs all have advisory boards as does IRAP. For the RCs, an advisory board provides advice to the RC Director General and, through the Chairperson, reports to the R&D Vice‑President responsible for the RC. The IRAP advisory board reports to the Vice‑President responsible for IRAP through the Chairperson.

An RC advisory board provides strategic advice on the RC's programs, non‑program activities and overall strategic direction, while helping ensure these remain aligned with the NRC's results areas of supporting business innovation, supporting government policy decisions and advancing scientific knowledge.

The IRAP advisory board ensures IRAP's activities are aligned with the NRC and the government of Canada's objective of supporting the growth and competitiveness of small and medium‑sized enterprises (SMEs) through innovation.

All advisory boards are comprised of external members, providing executive‑level representation from across the RC's or IRAP's major stakeholders, industry subsectors, and communities of interest. Members are drawn from these various communities in proportions best suited to the RC's or IRAP's context and goals. In most cases, advisory boards include representation from private sector SMEs and/or MNEs, other government departments and public agencies (federal, provincial and/or municipal as appropriate), incubators and/or industry associations, investors and/or investment banks, and academia. For RC advisory boards at least one advisory board members should be an IRAP employee.

All advisory board members provide independent and neutral expert advice while ensuring that opinions expressed do not advocate for one group of stakeholders over another. In particular, the advisory boards:

• advise management on the strategic directions and priorities of the RC or IRAP, including its programs and other RC or IRAP activities, and the alignment of these with NRC's corporate vision, strategy, plans and objectives;
• provide expert guidance on current R&D trends, advances and/or unmet needs;
• advise on technology and innovation issues of relevance to Canada and/or Canadian industry;
• advise on strategic business relationships with industry, government(s) and academia (Canadian or international); and
• provide a challenge function for proposed asset investments by the RC or IRAP, including recommending common or shared assets and services to avoid duplication (when such assets and services are available and appropriate).

2. Terms of Reference for NRC Council

Introduction

The National Research Council of Canada (NRC) is the Government of Canada's largest science and research organization. The mandate of the organization is set out in the National Research Council Act.

The Terms of Reference for the NRC Council (which according to the NRC Act, consists of "a President, a Chairperson and not more than 10 other members, to be appointed by the Governor in Council" and hereafter referred to as "NRC Council"), define the role of the NRC Council and its key roles and responsibilities.

The NRC Act uses the word "Council" in different ways – sometimes referring to the Council as the advisory body comprised of members (subsection 3(1)), hereafter referred to as "NRC Council" and sometimes referring to the body corporate (subsection 3(2)), hereafter referred to as "the National Research Council of Canada (NRC)".

Roles and Responsibilities

NRC Council

The NRC Council acts as a governance body providing a challenge function and an independent perspective based on the knowledge and expertise of each NRC Council member. At its meetings, members may seek to influence the President in how the President will discharge his or her primary duty to supervise and direct the work of the NRC. The NRC Council has the power of persuasion in the manner by which it controls and directs the work of the NRC through the President.

The members of the NRC Council fulfill this role by:

• providing advice on strategic direction for the NRC;
• providing advice to ensure sound financial management;
• receiving reports from the NRC Departmental Audit Committee (DAC) on NRC's risk management, control and governance systems;
• assessing NRC's performance annually and the performance of the NRC President, if requested by Ministers;
• providing advice on the appointment of senior officers; and
• acting as ambassadors for the NRC.

NRC Council members act as individuals, not representatives of a group or organization.

NRC Council Chairperson

The Chairperson is responsible for providing effective leadership to the NRC Council and for all matters pertaining to the operations of the NRC Council.

This includes:

• presiding over meetings;
• approving agendas;
• ensuring that members understand the role of NRC Council;
• ensuring the NRC Council fulfills its duties;
• ensuring that the NRC Council functions within the terms of the NRC Act; and
• advising the NRC President on all matters relevant to the role of the NRC Council.

NRC Council Membership

Composition

As stated in the NRC Act, the NRC Council comprises:

• the NRC President;
• a Chairperson (to be appointed by the Governor in Council); and
• not more than 10 additional members (to be appointed by the Governor in Council).

Tenure of Office

As stated in the NRC Act, each member of NRC Council, other than the President, shall be appointed to hold office for a term of not more than three years.

Any retiring President or other retiring member of NRC Council is eligible for re‑appointment.

Disclosure of Conflict of Interest

As Governor in Council (GIC) appointees, members of the NRC Council are subject to the provisions of the Conflict of Interest Act and accountable to the Office of the Conflict of Interest and Ethics Commissioner.

The Statement on Conflict of Interest (see Appendix A) is included in the materials sent to members for each meeting. This statement is reviewed by NRC Council members at the beginning of each meeting with a view to identifying any potential conflicts of interest. Any conflicts shall be declared by NRC Council members at the outset of each meeting.

It is the duty of each NRC Council member to inform the President and Chairperson of any planned or potential business interactions between their private interests and NRC that could give rise to conflict of interest concerns and accept guidance on measures to avoid a conflict of interest in such matters.

NRC Council Meetings

Frequency of Meetings

As stated in the NRC Act, the NRC Council shall meet at least three times a year at the times and places in Canada that the Chairperson determines.

It is recent common practice for the NRC Council to have four meetings per year, one taking place outside of Ottawa.

Meetings of NRC Council members may be held at any time and at any place without formal notice if all members are present and those who are unable to attend have provided written consent to the Chairperson for the meetings taking place in their absence. Consent shall be effective whether given before or after a meeting to which it relates.

Notice of Meetings

Meetings of NRC Council members are convened by the Chairperson by email to all members not less than 14 days before the meeting is to take place. If a member is appointed to NRC Council less than 14 days before a meeting, the meeting notice will be sent as close to the appointment date as possible.

Quorum

A quorum of NRC Council is a majority of members of NRC Council appointed under the NRC Act at the time of the meeting. No alternates are permitted.

Voting

Questions arising at any meeting of NRC Council members are decided by majority of votes. The Chairperson does not vote except to break a tie.^{Footnote 3}

Preparation and Attendance

Materials for each meeting will be sent electronically to NRC Council members no later than 7 days before a meeting date. If a member is appointed to NRC Council less than 7 days before a meeting, materials will be sent as close to the appointment date as possible.

To enhance the effectiveness of the NRC Council meetings, each member should:

• devote the time needed to prepare for and participate in each meeting by reading provided meeting materials; and
• maintain an excellent meeting attendance record.^{Footnote 4}

If an NRC Council member is unable to attend a meeting, they must inform the Chairperson. Members who are unable to attend a meeting are permitted to provide written comments on agenda items for the Chairperson to share at the meeting.

Attendance by Non‑Members

NRC's Secretary General is responsible for supporting the operations of NRC Council, overseeing its Secretariat, and is expected to attend all the NRC Council meetings. The Chairperson may request attendance of other NRC officials.

Generally, members of the NRC's Senior Executive Committee attend the NRC Council meetings, including tours, dinners, etc., at the discretion of the Chairperson.

Non‑members may attend portions of the NRC Council meetings to make presentations to NRC Council and/or participate in discussions on certain agenda items as required.

Minutes of Meetings

Minutes of each meeting will be kept and will contain a record of the persons present. The minutes provide a record of decisions taken and a high‑level summary of discussions, providing insight on the topics and subtopics discussed.

Minutes from the previous meetings are reviewed at the beginning of each NRC Council meeting, amended as necessary and endorsed by NRC Council members.

In‑Camera Meetings

The NRC Council members will normally meet in‑camera at the beginning and end of each meeting, at the discretion of the Chairperson.

Telephone Meetings

When exceptional circumstances dictate, a member of NRC Council may participate by telephone/videoconference with the consent of the other members. A member participating by telephone/videoconference is considered to be present at the meeting.^{Footnote 5}

Official Languages

NRC Council meetings are conducted in both official languages. Simultaneous translation services are provided at all NRC Council meetings allowing NRC Council members to listen to the meeting in the official language of their choice.

Executive Committees of NRC Council

As per the NRC Act (subsection 14(1)), there is "an executive committee of the Council [advisory body comprised of members] consisting of the President and at least six other members to be selected by the Council".

It is recent common practice that all NRC Council members be appointed to the Executive Committee negating the need for the Executive Committee to meet outside of regular NRC Council meetings.

Operations

Support to the NRC Council

The NRC Council is to be provided, by the NRC, resources that are sufficient to carry out its roles and responsibilities.

Secretariat support to the operation of the NRC Council is to be provided by the NRC. This includes:

• the timely preparation of all notices and agendas of meetings;
• coordination of presentations and distribution of reports and/or related materials that are prepared for the NRC Council member's information or consideration;
• the timely preparation of minutes of meetings
• orientation program that will include written information about the business and operations about NRC; and
• the performance of other duties as may be assigned by the President or Chairperson.

Contacting NRC Management

If NRC Council members wish to contact an NRC senior executive outside of NRC Council meetings, they should contact:

Kelsey Sultana, Chief of Staff to the President
613.991.5367
kelsey.sultana@nrc-cnrc.gc.ca

Eric Aspila, Manager Governance Support
613.998.6725
eric.aspila@nrc-cnrc.gc.ca

Remuneration

The members of the NRC Council, other than the President, shall serve without remuneration but each of those members is entitled to be paid reasonable travel and other expenses incurred while absent from his or her ordinary place of residence in the course of performing duties under the NRC Act.

NRC's Travel Procedure for NRC Council Members can be found in Appendix B.

Assessing NRC Council Performance

NRC Council assesses its overall performance every two years. The objective of this review is to contribute to a process of continuous improvement in the NRC Council's execution of its responsibilities. The review is intended to identify areas where NRC Council members believe that the NRC Council could make a better collective contribution to NRC.

Review of the Terms of Reference for NRC Council

The NRC Council reviews, periodically, the appropriateness of its Terms of Reference, for reaffirmation by the Chairperson.

Approved: 27 September 2019

Effective Date: 27 September 2019

13 August 2020 (version 1.1): Updates by the Secretariat to reflect change to Chief of Staff in President's office.

Appendix A - NRC Council Statement on Conflict of Interest

As GIC appointees, members of the NRC Council are subject to the provisions of the Conflict of Interest Act and accountable to the Office of the Conflict of Interest and Ethics Commissioner. On 12 February 2016, the following simplified statement on conflict of interest was approved by NRC Council.

Appendix B – NRC's Travel Procedure for NRC Council Members (July 2019)

Introduction

The Government of Canada travel policy seeks to achieve fair, reasonable and modern travel practices across the public service. NRC Council members are asked to make travel choices that demonstrate fiscal responsibility and set an appropriate example for the rest of the organization. Members will be reimbursed for reasonable travel expenses directly related to the execution of their NRC Council duties. This document highlights and summarizes specific areas of travel policy that typically apply to NRC Council travel and reflects NRC's commitment to sound stewardship of resources as well as good accountability practices.

Air Travel

NRC has selected economy class as the travel standard in continental North America. Business class fares are generally only applicable for international travel. NRC Council members are asked to also respect this travel standard. Please purchase tickets well in advance of NRC Council meetings so as to obtain economical fares. Reasonable financial penalties which result from changes or cancellations of non‑refundable tickets, related to NRC business, will be reimbursed.

Loyalty Programs

No reimbursements may be claimed for purchases made using points accumulated using loyalty programs as the Government of Canada only reimburses out of pocket expenses. Provided there are no additional costs to the Crown, NRC Council members may participate in loyalty programs and retain benefits for their personal use.

Travel by Car

NRC will reimburse travel by private vehicle at the appropriate kilometric rate. However, this cost should be compared to the cost of renting a vehicle as this may be more economical, particularly for longer distances. Reimbursement for travel by car (private or rental) should not exceed the cost of an economy class airfare.

Business Travel To or From Destination other than Home Location

NRC recognizes that NRC Council members may, for business or personal reasons, occasionally need to travel on NRC business to or from locations other than their usual home location. In such cases, the restriction on fare class should be respected. Under this circumstance and when the fare is more than 50% greater than travel from the member's normal home location, authorization should be obtained from the Secretary General prior to making travel arrangements.

Accommodation

NRC will normally secure preferential rates for NRC Council meetings by reserving a block of rooms at a local business class hotel. Members may choose alternate accommodations provided that this does not result in additional cost to NRC.

Meal Allowance

NRC reimburses meal expenses using a standard allowance. Meal expenses need not be supported by receipts. A meal allowance will not be paid with respect to a meal that is provided by NRC and attended by a NRC Council member (e.g. NRC Council dinner).

3. Ethics Guidance for NRC Council Members

As Governor in Council (GIC) appointees, NRC Council members are considered public office holders and are held to a high ethical standard during their tenure on NRC Council. To support them in the execution of their duties, the Secretariat is available to help navigate the many policies that exist concerning ethics. Attached for reference, please find guidance material related to:

• Ethical guidelines and statutory standards of conduct
• Conflict of interest
• Political activities
• Lobbying

This information is provided as general ethics guidance. Additional clarification on these matters is available from the Secretary General's Office. Please direct questions to:

Guidance and/or rulings regarding specific issues should be sought from the offices identified in this document.

Ethical Guidelines and Statutory Standards of Conduct

The following guidelines apply to all GIC appointees (public office holders).

Statutory Requirements

Public office holders are also subject to the requirements of the Conflict of Interest Act and to post‑employment and other obligations under the Lobbying Act.

Administration

Compliance with these guidelines is a term and condition of appointment. Before appointment, a public office holder shall certify that he or she will comply with these guidelines.^{Footnote 6}

Conflict of Interest

As GIC appointees, members of the NRC Council are subject to the provisions of the Conflict of Interest (COI) Act and accountable to the Office of the Conflict of Interest and Ethics Commissioner.

The NRC Corporate Secretariat can provide basic information on COI issues as it is responsible for COI advice to NRC employees, however, members of NRC Council should direct substantive questions to the Office of the Commissioner, which is not only the best source of information, but also has the authority to counsel appointees and candidates for appointment on any potential conflict scenarios.

The Commissioner's website has a page of relevant Information for Public Office Holders.

Two COI Summary of Rules for Public Office Holders are available.

• The first, for part‑time Public Office Holders, applies to all NRC Council members except the President.
• As a full‑time public officer holder, the President is subject to additional COI Rules for Reporting Public Office Holders.

Contact for further information:

Manager, Advisory and Compliance
Office of the Conflict of Interest and Ethics Commissioner
Telephone: 613.995.0721
E‑mail: advisory-conseils@cie.parl.gc.ca
Website: http://ciec-ccie.parl.gc.ca/EN/Pages/default.aspx  
twitter:  https://twitter.com/CIEC_CCIE

Guidelines for the Political Activities of Public Office Holders

Below is an excerpt from Open and Accountable Government, Part II. The full document is available here.

Context

Public office holders discharge important public duties and accordingly are expected to comport themselves in a manner befitting the trust and confidence reposed in them. The essence of this obligation is set out in Part I of this Annex. In addition, public office holders are governed by the applicable provisions of the Conflict of Interest Act and the Lobbying Act.

Public office holders must also ensure that their political activities are consistent with the obligation to discharge their public duties in a non‑partisan manner, so as to ensure that public confidence and trust in the integrity and impartiality of government are conserved and enhanced.

Any measures necessary to maintain the public's confidence that public office holders will discharge their function with integrity and in a non‑partisan manner must be informed by the democratic rights protected under the Canadian Charter of Rights and Freedoms.

The purpose of these guidelines is to assist public office holders in determining whether a contemplated political activity is compatible with their public duties. The guidelines are grounded in one general principle: that a public office holder should not participate in a political activity that is, or that may reasonably be seen to be, incompatible with the public office holder's duty, or otherwise be seen to impair his or her ability to discharge his or her public duties in a politically‑impartial fashion, or would cast doubt on the integrity or impartiality of the office.

Public office holders exercise a wide variety of functions and come from a wide variety of backgrounds. Accordingly, it is not possible to set out, for all public office holders and for all circumstances, a set of definitive or binding rules. In all cases, public office holders should be guided by the general principle and the guiding factors set out below.

Every public office holder is under the obligation to consider these guidelines before embarking on any political activity and, where there is any doubt, shall refrain from the activity in question.

For the purpose of these guidelines, political activities include, but are not limited to:

• contributing money, within the law, to political parties, candidates or leadership campaigns at any level of government;
• being a member of a political party at any level of government in Canada;
• seeking nomination to run as a candidate or being a candidate in an election of any level of government in Canada;
• fundraising for political purposes;
• managing a political campaign or campaigning personally on behalf of a candidate in an election;
• personally displaying campaign material;
• attending partisan or social events sponsored by one particular political party, a Minister, a Member of Parliament or a Senator where such events are exclusively or primarily of a political or partisan character; and
• expressing partisan views in a public setting where this may reasonably be seen to be incompatible with, or impair the ability to discharge, the office holder's public duties.

Political activities do not include attending all‑party candidates meetings in order to inform one's right to vote, or expressing partisan views in a private setting. In addition, in all cases all public office holders have the right to vote.

General Principle

A public office holder should not participate in a political activity that is, or that may reasonably be seen, to be incompatible with the public office holder's duties, or reasonably seen to impair his or her ability to discharge his or her public duties in a politically impartial fashion, or would cast doubt on the integrity or impartiality of the office.

Guiding Factors

In considering whether the general principle applies in a given situation, public office holders should be guided by the following factors:

• The nature of the organization, including whether it is quasi‑judicial in character, in which case a much more stringent standard is required.
• The nature of the public office holder's duties, including:
  • the level of authority within the organization;
  • the level of influence over others;
  • the degree and type of discretion vested in the public office holder;
  • the type and level of involvement in the development of policy;
  • the relationship with or connection between the public duties and the contemplated political activity;
  • whether the duties are full‑time or part‑time;
  • the visibility and profile of the public office holder's duties; and
  • the impact of the public office holder's duties on the public.
• The nature of the contemplated political activity, including:
  • its profile or visibility; and
  • its active or passive character.
• The duty of loyalty to the Government of Canada.

Administration and Interpretation

Compliance with these guidelines is a term and condition of appointment. Before appointment, a public office holder shall certify that he or she will comply with these guidelines.

It is recognized that there will be circumstances in which either the participation of public office holders in political activities has not been covered under these guidelines, or the application of these guidelines is unduly restrictive. The general principle and guiding factors are controlling, and resort should be had to these in all cases. Inquiries about these guidelines and their interpretation should be addressed to the Privy Council Office (or where the Public Service Employment Act is engaged, the Public Service Commission) before a public office holder commences the proposed activity. Where there is any doubt, public office holders are expected to refrain from the contemplated activity or to resign from office in order to undertake it.

As stated above, persons subject to either Part 7 or section 117 of the Public Service Employment Act should take note of the substantive provisions of that Act, and must refer questions about their obligations under that Act to the Public Service Commission.

NRC Council Members and the Lobbying Act

Questions and Answers^{Footnote 7}

Question 1: Can a member of the NRC Council hold a professional position that requires him/her to register as a lobbyist? 

Answer: - Yes. As a GIC appointee, this person is considered a Public Office Holder, but this would not preclude him or her from performing registrable lobbying activities on behalf of his or her full‑time employer, such as an industry association or a university.

However, as lobbyists are subject to The Lobbyists' Code of Conduct, they also have a responsibility to act in compliance with that Code. In particular, the Code contains rules regarding the responsibility of lobbyists not to propose or undertake any action that would place a public office holder in a real or apparent conflict of interest.

Question 2: If yes, does this Member of the NRC Council need to report meetings with NRC Designated Public Office Holders and participation in meetings of NRC Council as lobbying activities?

Answer: - No. In accordance with the Lobbying Act, lobbying activities consist of any communication for payment, with a public office holder, with respect to: the development of any legislative proposal; the introduction, passage, defeat or amendment of any Bill or resolution; the making or amendment of any regulation, policy or program; or the awarding of any grant, contribution or other financial benefit. Regarding consultant lobbyists, this includes communicating for payment with respect to the awarding of any contract or arranging a meeting between a public office holder and any other person.

The Commissioner of Lobbying has considered the application of the registration requirements of the Lobbying Act with respect to departmental corporations, such as the National Research Council (NRC). The Commissioner takes the view that communication between officials of a departmental corporation and federal public office holders concerning the mandate, operations and funding of the departmental corporation, and other related matters, does not fall within the definition of registrable lobbying activity under the Lobbying Act. Thus, monthly communication reports with respect to oral and arranged communications with designated public office holders related to the above‑noted subject matters indicated in bold do not require a report, since the NRC is not required to register under the Lobbying Act for these activities. To obtain more information, please refer to the Commissioner's Advisory Opinion on Departmental Corporations.

Question 3: Do other registered lobbyists need to report on meetings with NRC Council members in respect to their Public Office Holder roles on the NRC Council?

Answer: - No. As unpaid members of the NRC Council and as part‑time GIC appointees, NRC Council members are public office holders (POH), but their positions are not classed as designated public office holders (DPOH). Therefore, there is no requirement under the Lobbying Act for lobbyists that communicate with NRC Council members, other than the President, to provide monthly communication reports afterwards.

To obtain information on which positions are classed as DPOHs, please refer to the following Interpretation Bulletin on Communicating with DPOHs.

Legal Indemnification and Other Legal Issues

As GIC appointees, NRC Council members are considered "Crown Servants" when performing their duties and therefore have the same legal protection as NRC managers and employees in this context and within the standards set by the Treasury Board Policy on Legal Assistance and Indemnification.

Although NRC Council members hold part‑time positions, the Privy Council Office (PCO) booklet Terms and Conditions of Employment for Full‑time Governor in Council Appointees answers many questions on the general obligations of all GIC appointees.

The contact in the PCO's Senior Personnel Secretariat for personal and confidential advice on such matters is:

In addition to contacts at NRC and in the Office of the Minister on matters related to their specific roles, NRC Council members may contact:

4. Access to Information

The Access to Information Act gives Canadian citizens, permanent residents, and any person or corporation present in Canada a right to access records of government institutions that are subject to the Act. The Act complements other policies and procedures intended to make government information publicly available, such as open government initiatives and proactive disclosure of travel and hospitality expenses, contracts, and other frequently‑requested information.^{Footnote 8}

Any communication to an NRC employee is subject to an access to information request. This would include all communications between NRC Council members and the NRC President. The Access to Information Act lays out the criteria for redacting some content (e.g. on the grounds of protecting commercially sensitive information and for preserving personal privacy), however, it should be noted that avoiding embarrassment is not sufficient grounds to redact content.