Founded Disclosures of Wrongdoing

Submit a Disclosure of Wrongdoing:
Protection Against Reprisal:

Requirement to Report

In accordance with section 11 (c) of the PSDPA, if wrongdoing is found as a result of a disclosure, the chief executive must

 "promptly provide public access to information that

(i)  describes the wrongdoing, including information that could identify the person found to have committed it if it is necessary to identify the person to adequately describe the wrongdoing; and

(ii)  sets out the recommendations, if any, set out in any report made to the chief executive  in relation to the wrongdoing and the corrective action, if any, taken by the chief executive in relation to the wrongdoing or the reasons why no corrective action was taken"

In accordance with section 16.5 of the Access to Information Act and section 22.3 of the Privacy Act, information created for the purpose of making a disclosure of wrongdoing or in the course of an investigation into a disclosure under the PSDPA is protected and cannot be released.

Internal Disclosure of Wrongdoing investigations are conducted by the Directorate of Special Examinations and Inquiries (DSEI) on behalf of the Senior Officer. DSEI reports do not contain specific recommendations pertaining to administrative or disciplinary sanctions to be taken against an individual when the allegations of wrongdoing have been founded. This is the purview of management/the chain of command.

In keeping with the requirements of the Act, the following information with respect to founded disclosures within the Department of National Defence is made public.

Founded Wrongdoings for Fiscal Year 2014/15:

(1) Misuse of Public Property, and a serious breach of the DND and CF Code of Values and Ethics.

On 8 October 2014, the departmental Internal Disclosure Office (IDO) received a disclosure of wrongdoing pursuant to the Canadian Armed Forces Disclosure Process. The disclosure alleges that a Canadian Armed Forces (CAF) member had misused public property and that a CAF supervisor failed to take appropriate action to prevent the misuse of public property. Specifically, the following allegations were made:

  • Misuse of Public Property – It was alleged that a CAF member lived in military accommodations free of charge from December 2011 to May 2012 (182 days) and from October 2012 to May 2013 (242 days).
  • A serious breach of the DND and CF Code of Values and Ethics – It was alleged that a CAF supervisor knowingly allowed the CAF member in question to live free of charge in military accommodations for an extended period of time.

The subsequent investigation conducted by the DSEI concluded the following:

  • The allegation of Misuse of Public Property by the CAF member was founded.
  • The allegation of a serious breach of the DND and CF Code of Values and Ethics by the supervisor was founded.

The investigation report contained the following recommendations:

  • Recovery action be initiated against the CAF member and that the member be required to pay for the 424 days of free accommodations he/she received.
  • That the investigation report be forwarded to the supervisor’s chain of command for action as they deem appropriate.

The DND Senior Officer has informed management of the findings of the DSEI investigation. No further action is required.

(2) Conflict of Interest, and a serious breach of the DND and CF Code of Values and Ethics.

On 27 February 2015, the departmental Internal Disclosure Office (IDO) received a disclosure of wrongdoing pursuant to the Public Servants Disclosure Protection Act. The disclosure alleges that a DND employee worked on a contract for another government department while on a period of sick leave and receiving sick leave benefits from DND. The investigation sought to determine the circumstances surrounding the alleged contract with the other government department, and determine whether or not the employee breached a policy or regulation.

The subsequent investigation conducted by the DSEI concluded:

  • that the DND employee was in violation of Defence Administrative Orders and Directives (DAOD) 7021-1, Conflict of Interest, for not having submitted a Confidential Report to declare outside employment. The investigation confirmed that the DND employee had been previously advised of the requirement to file a Confidential Report when working for another government department, and had previously submitted a Confidential Report for a prior and non-related employment. 
  • that the DND employee was in an apparent conflict of interest by engaging in outside employment with another government department while in receipt of sick leave benefits from DND; and
  • that the violation of DAOD 7021-1, the apparent conflict of interest, along with the ethical expectations incumbent upon a DND manager, resulted in the determination that the DND employee’s actions constituted a serious breach of the DND and CF Code of Values and Ethics. 

 The investigation report contained the following recommendations:

  • The employee was counselled as to the obligations under the DND and CF Code of Values and Ethics and was required to submit Confidential Reports for all previous and current outside employment; and
  • The sick leave granted for the period of the overlap was reversed and attributed to other leave without pay, thus requiring the repayment of the sick leave benefits.

Founded Wrongdoings for Fiscal Year 2013/14:

(1) Contravention of an Act of Parliament or any regulation made under any such Act, and a serious breach of the DND and CF Code of Values and Ethics.

On 6 May 2013, the departmental Internal Disclosure Office (IDO) received a disclosure of wrongdoing pursuant to the Public Servants Disclosure Protection Act (PSDPA). The disclosure alleges that Department of National Defence (DND) employees and Canadian Armed Forces (CAF) members had breached Government Contracts Regulations and government and departmental policies, and that a CAF member committed a serious breach of the DND and CF Code of Values and Ethics. Specifically, the following allegations were made:

  • Contravention of any Act of Parliament or of the legislature of a province, or of any regulation made under any such Act – It was alleged that individuals knowingly circumvented Treasury Board contracting policy, and departmental contracting regulations to obtain the services of a specific contractor.
  • A serious breach of the DND and CF Code of Values and Ethics – It was alleged that an individual used his/her position to hire a member of his/her family.

The subsequent investigation conducted by the DSEI concluded the following:

  • The allegation of a contravention of any Act of Parliament or of the legislature of a province, or of any regulation made under any such Act was unfounded.  
  • The allegation of a serious breach of the DND and CF Code of Values and Ethics was founded. 

The investigation report contained the following recommendations:

  • As the serious breach of the DND and CF Code of Values and Ethics was conducted by an individual who has since retired, no further action was taken regarding this finding of wrongdoing.   

The DND Senior Officer has informed management of the findings of the DSEI investigation. No further action is required.

Founded Wrongdoings for Fiscal Year 2012/13:

(1)  Gross Mismanagement, and a serious breach of the DND and CF Code of Values and Ethics.

On 30 Oct 12, the departmental Internal Disclosure Office (IDO) received a disclosure of wrongdoing pursuant to the Public Servants Disclosure Protection Act (PSDPA). The discloser alleges that a Department of National Defence (DND) employee committed an act of Gross Mismanagement, and a serious breach of the DND and CF Code of Values and Ethics. Specifically, the following allegations were made:

  • Gross Mismanagement – It was alleged that the individual in question:
    • Imposed undue influence on his/her staff to hire a member of his/her family;
    • Imposed undue influence on his/her staff to hire family friends; and
  • A serious breach of the Values and Ethics Code for the Public Sector – It was alleged that the individual in question:
    • Was away from his/her place of work for 40 working days without authority; and
    • Failed to submit a leave request for personal vacation time while on education leave.  

The subsequent investigation, conducted by the Directorate of Special Examinations and Inquiries, concluded that:

  • Gross Mismanagement. 
    • The allegation that the individual Imposed undue influence on his/her staff to hire a member of his/her family was founded;
    • The allegation that the individual imposed undue influence on his/her staff to hire family friends was unfounded.
  • A serious breach of the Values and Ethics Code for the Public Sector. 
    • The allegation that the individual was away from his/her place of work for 40 working days without authority was founded; and
    • The allegation that the individual failed to submit a leave request for personal vacation time while on education leave was founded.

The investigation report contained the following recommendations:

  • That the DND regulation regarding educational leave is deficient and requires re-writing; and
  • That management initiates recovery action regarding the manager’s 40 days of unauthorized leave.

The DND Senior Officer has informed management of the findings of the DSEI investigation. Additional information will be posted when available.

Founded Wrongdoings for Fiscal Year 2011/12:

(1)  Contravention of an Act of Parliament or any regulation made under any such Act, misuse of public funds, gross mismanagement, and knowingly directing or counselling a person to commit a wrongdoing.

On 13 February 2012, the DND IDO received a disclosure pertaining to alleged wrongdoings by a CF member and a DND employee. Specifically, the following allegations were made:

  • Contravention of any Act of Parliament or of the legislature of a province, or of any regulation made under any such Act – It was alleged that individuals knowingly submitted fraudulent documentation in order to circumvent Treasury Board contracting policy, departmental contracting regulations, and delegation of authority responsibilities.
  • A misuse of public funds – It was alleged that an individual used public funds to purchase items to be used as retirement gifts.
  • Gross mismanagement – It was alleged that individuals within the organization were aware of and condoned the falsification of documentation in order to make purchases with end-of-year funding.
  • Knowingly directing or counselling a person to commit a wrongdoing – It was alleged that an individual knowingly directed subordinates to submit fraudulent documentation in order to circumvent Treasury Board policy, departmental contracting regulations, and delegation of authority responsibilities.

The subsequent investigation conducted by the DSEI concluded the following:

  • The allegation of a contravention of any Act of Parliament or of the legislature of a province, or of any regulation made under any such act was founded.
  • The allegation of a misuse of public funds or a public asset was founded; however, management had already taken immediate action to return the items when the misuse of public funds became known.
  • The allegation of a gross mismanagement in the public sector was founded.
  • The allegation of knowingly directing or counselling a person to commit a wrongdoing was founded.

The investigation report contained the following recommendations:

  • All personnel within the organization involved in contracting and procurement activities should receive immediate refresher training on Treasury Board contracting policy, departmental contracting regulations, and their delegation of authority responsibilities.
  • Greater oversight should be placed on the organization’s procurement and contracting activities.
  • Management should include a process within the current compliance program to conduct formal reviews of unit procurement activities at bases and wings across the country.

The DND Senior Officer has informed management of the findings of the investigation. Upon being advised that an investigation was initiated, delegated authority for contracting and procurement for all personnel within the organization was rescinded and remained with senior management.  Following the issuance of the DSEI report, all recommendations were implemented.

Founded Wrongdoings for Fiscal Year 2010/11

(1) Gross Mismanagement, Misuse of Government Funds and Knowingly Directing or Counselling a Person to Commit a Wrongdoing

On 8 March 2011, the DND IDO received a disclosure pertaining to the alleged wrongdoing by several DND employees, specifically:

  • Gross Mismanagement and Misuse of Government Funds – it was alleged that: there were a number of personnel who routinely proceeded on excessive Temporary Duty travel which was unauthorized and seen as unnecessary, and some employees were frequently absent from the workplace, without authority; and
  • Knowingly Directing or Counselling a Person to Commit a Wrongdoing – It was alleged that one individual instructed his/her staff to always book full-fare economy airfares.

The subsequent investigation, conducted by the Directorate of Special Examinations and Inquiries, concluded that:

  • the allegation of gross mismanagement and misuse of Government funds was unfounded; however;
    • one individual was found to have travelled extensively but with authorization by his/her direct supervisor,
    • one individual was reimbursed for some travel to which he/she was not entitled, and
    • this same individual was absent from the workplace without authority for a significant period of time; and
  • the allegation that the individual directed subordinate staff to always book full-fare economy airfares was founded.

The investigation report contained the following recommendations:

  • when requesting travel authorization, the individual should provide an agenda or detailed breakdown of travel dates requested so that the supervisor would know exactly what he/she was authorizing;
  • the individual’s travel and hours of work be closely monitored;
  • the organization seek legal and HR advice with respect to financial recovery to cover the costs associated with extra travel days authorized but not entitled to and for the days he/she was absent from the place of work without authority.

Management has been informed of the findings and recommendations of the DSEI investigation.  The management corrective action plan has fully addressed all of the DSEI recommendations and has put a process into place which will increase oversight and governance.  Management has also confirmed that financial recovery has been actioned.

Founded Wrongdoings for Fiscal Year 2009/10

(1) Contravention of an Act of Parliament and Misuse of Public Funds

On 20 November 2009, the DND Internal Disclosure Office (IDO) received a disclosure pertaining to the alleged contravention of contracting regulations and misuse of public funds.  Specifically:

  • Contravention of Contracting Regulations.  It was alleged that the manager improperly hired a consultant on a series of Call-Ups against Temporary Help Services Standing Offer Arrangements over a two year period; and
  • Misuse of Public Finds.  It was alleged that the manager paid the consultant in excess of $500,000 over a period of just less than two years, more than five times the annual rate of pay for the vacant position.

The subsequent investigation, conducted by the Directorate of Special Examinations and Inquiries, concluded that the allegations were founded; the investigation report contained recommendations that:

  • The DND manager and staff should receive refresher training with respect to-
    • Obligations under the Financial Administration Act (FAA),
    • Contracting within DND,
    • Conflict of Interest, and
    • Employer-employee relationships; and
  • that the chief executive consider imposing administrative or disciplinary sanctions as deemed appropriate under the circumstances.

The DND IDO has informed management of the findings of the investigation and confirmed that corrective action has been taken.  The DND manager has been counselled, and the manager and senior staff have undergone refresher training with respect to obligations under the FAA, contracting for services, conflict of interest and employer-employee relationships. 

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