Daniel Quan-Watson, a former deputy minister and CEO with the federal public service, addresses a reader's question about post-employment conflict of interest restrictions for public servants. He emphasizes that widely held views within the public service often diverge from the actual text of relevant policies.
Common Misconceptions About Restriction Periods
The reader, a former Director General, believed they were barred from working for any federal, provincial, or industry entity in their field for two years after leaving government. However, Quan-Watson explains that the official policy sets a one-year restriction period, unless the Deputy Head explicitly extended it. The Application Guide for Post Employment outlines the rules most public servants need to know.
Quan-Watson notes that the first test is whether the public servant's position was designated by the Deputy Head as subject to post-employment limitations, which likely applied to the reader as a Director General. Even then, the standard period is one year, not two.
Scope of Restrictions and Waivers
The policy also allows former employees to seek a waiver to reduce the restriction length or authorize work with certain employers that might otherwise be barred during the first year after retirement. Regarding work with provincial or territorial governments, Quan-Watson clarifies that the restriction applies only to departments or agencies with which the former employee had "significant dealings," not all entities of that government. For instance, if the reader had significant dealings only with Health departments, they could potentially work with other departments of the same government.
In cases where a provincial or territorial department has multiple operational areas, it may be possible to request an exemption to work with parts unrelated to the former employee's previous duties. While no guarantee exists, the system is designed to consider such flexibilities.
Additional Rules for Senior Officials
Retired Deputy Ministers and Assistant Deputy Ministers face substantially similar rules but also specific additional restrictions under the Lobbying Act. They are subject to oversight by the Conflict of Interest and Ethics Commissioner and the Lobbying Commissioner in ways that go beyond other public servants.
Quan-Watson advises public servants to confirm their obligations through their human resources groups or the CIEC, and to always consult the text of source documents. Misunderstanding the rules could have significant consequences.
Daniel Quan-Watson served as a deputy minister and CEO with the federal public service for nearly 15 years, and earlier as a provincial public servant in Saskatchewan and British Columbia.
