Code of Conduct

ARTICLE 1

OBJECT AND GUIDING PRINCIPLES

1.1 Object of Code. Conducting business at the Esquimalt Graving Dock (EGD) is a privilege, not a right. The object of this Code is to establish and articulate the corporate values, responsibilities, obligations and ethical policies that all businesses, as applicable, are to prescribe to while operating at the Esquimalt Graving Dock.

As a multi-user, open facility owned by the people of Canada, we value transparency and openness. It is expected that the users of this facility respect the Esquimalt Graving Dock’s established processes and systems and will not use these processes and systems to the detriment of another user. It is also expected that the behavior of the businesses using this facility reflects the expectations of the Canadian taxpayer. The values that are important in the conduct of business at this facility include integrity, responsibility and reputation. These values are the minimum standards that are to be adhered to.

Public Works and Government Services Canada is committed to ensuring strong workplace ethics. In support of the department’s own ethical blueprint, it is expected that: users conduct themselves with integrity and treat others with respect; act in the best interest of the public; and respect the commitments of this federal government facility.

1.2 Guiding Principles. All businesses operating at the Esquimalt Graving Dock are to abide by the following principles:

1. The Government of Canada operates the Esquimalt Graving Dock as an open, public facility, providing service on a first-come, first-served basis. Engaging in behavior contrary to its use as a unique public facility does not allow for a healthy and competitive marketplace on the West Coast;
2. The Government of Canada commits to its environmental responsibilities under ISO 14001 certification;
3. As a designated port, the Government of Canada will adhere to the commitments required for international security as determined by the International Ship and Port Security (ISPS) legislation;
4. Businesses have a responsibility to maintain an environment where conflict and difference can be addressed in a manner characterized by respect and civility;
5. All businesses are to accept responsibility for their actions and activities; and
6. Ethical behavior and goodwill demonstrated by all businesses is expected.

1.3 Application of Code. This Code applies to all users conducting business at the Esquimalt Graving Dock.

1.4 Scope of Obligations. Complying to the specific requirements of this Code will not absolve a director or officer of responsibility from taking such additional action as may be necessary to conform with any standard of conduct or comply with any duty imposed by the Esquimalt Graving Dock Regulations and the Best Practices of the Esquimalt Graving Dock or otherwise by applicable international, national, provincial and local laws.

1.5 Acknowledgement by Businesses. One senior authorized officer of each respective business will acknowledge, in writing, to the Manager, Esquimalt Graving Dock that:

1. they have read and understood this Code; and
2. in the case of each on-site user, compliance with this Code is a condition of renewing an existing on-site lease or entering into a new on-site lease.

1.6 Timing of Acknowledgement. The senior authorized officer of each respective business will deliver the acknowledgement described in Article 1.5 of this Code to the Manager, Esquimalt Graving Dock within two weeks of official receipt.

1.7 Distribution. This Code will be distributed to all businesses operating at the Esquimalt Graving Dock and will be published on the www.tpsgc-pwgsc.gc.ca/pac/cse-egd web site.

1.8 Code Review. This Code will be reviewed and amended as required.

ARTICLE 2

ETHICAL VALUES

2.1 Ethical values to demonstrate. As an open, multi-user public facility, owned by the Government of Canada, businesses will demonstrate:

1. Democratic values by complying with Canada’s obligations and all relevant laws to serve the public interest;
2. Professional values by being accountable and responsible as a corporate body;
3. Ethical values by being accountable at all times to preserve public confidence and the integrity of the Government of Canada; and
4. People values by demonstrating respect, fairness, openness and courtesy in dealings with Esquimalt Graving Dock staff, clients, suppliers, colleagues and citizens of Canada.

ARTICLE 3

BUSINESS REQUIREMENTS

3.1 The Esquimalt Graving Dock. The Esquimalt Graving Dock is a dynamic world-class facility that, in partnership with the private sector, provides high quality, on-time service to national and international clients.

3.2 The facility’s reputation. The Esquimalt Graving Dock’s reputation is based on the prudent management of assets, the provision of quality services which meet customer needs, a competitive industry and good faith in all agreements. As a federally-owned facility, the Esquimalt Graving Dock’s reputation is a reflection on the Government of Canada.

3.3 Business Relationship Requirements. The Management of the Esquimalt Graving Dock will hold all businesses accountable for their actions and hold everyone to the highest standard of respectful and responsible behavior. The Esquimalt Graving Dock will only seek business relationships which:

1. Do not negatively affect the reputation of the Esquimalt Graving Dock;
2. Support its standards of service quality and efficiency;
3. Support its objectives and contribute to the growth of the industry;
4. Support its business principles and environmental objectives; and
5. Are mutually beneficial and lead to success through fair dealing and high standards of business integrity.

ARTICLE 4

STANDARDS OF BEHAVIOUR

4.1 Obligations of businesses. All businesses operating at the facility must:

1. Respect and comply with all applicable local, national and international laws, regulations, treaties and industry standards;
2. Comply with the Esquimalt Graving Dock’s Best Management Practices Manuals (as may be amended from time to time);
3. Treat one another with dignity and respect at all times;
4. Communicate the provisions of this Code of Conduct to all employees engaged in work at the Esquimalt Graving Dock in a place readily accessible to employees at all times;
5. Demonstrate a responsibility to contribute to the Esquimalt Graving Dock’s reputation by carrying out work conscientiously, efficiently and honestly while maintaining the highest standards of integrity and conduct in all operations which affect the Esquimalt Graving Dock;
6. Not interfere with, and show proper care and regard for, the property and assets belonging to the Government of Canada and the property and assets of others;
7. Not misrepresent the services and equipment provided by the Government of Canada as services and equipment provided by its company;
8. Not intentionally obstruct the operations of any business carrying out work at the Esquimalt Graving Dock;
9. In advertising and in communications with others, be identified as tenants of the Esquimalt Graving Dock, a Government of Canada facility, providing services to marine operators or shipping companies;
10. Be a good corporate citizen by respecting and adhering to the commitments of the Esquimalt Graving Dock Environmental Management System, including mandatory attendance at the Joint Users Safety and Environment Committee, compliance with all audits, and the participation in all practice drills;
11. Conduct business in a manner that considers and mitigates negative impacts to the environment and to the health, safety and well-being of all on-site users and the surrounding community;
12. Senior executives will engage in immediate corrective action where there is an immediate negative impact or threat to the environment or health and safety of others;
13. Request the Manager’s approval for all media access to the Esquimalt Graving Dock site, which will not be unreasonably denied;
14. Demonstrate a willingness to cooperate with other users of the Esquimalt Graving Dock; and
15. Ensure that all subcontractors working at the Esquimalt Graving Dock receive a copy of this Code of Conduct.

ARTICLE 5

COMPLIANCE

5.1 Determination of compliance. EGD Management will monitor compliance to this Code. Where there is a written disclosure made to the Manager, Esquimalt Graving Dock or the Regional Director General which indicates a failure to comply with this Code, it will be determined:

1. whether the disclosure indicates non-compliance to Article 4 of this Code; and
2. whether, if applicable, a business has failed to comply with this Code.

5.2 Notice of Non-Compliance. Upon making an initial determination under Article 5.1, Esquimalt Graving Dock Management will advise the affected business in writing.

5.3 Response of Notice of Non-Compliance. The senior authorized officer will resolve non-compliance issues in relation to this Code of Conduct by providing a written response to the Manager, Esquimalt Graving Dock within seven (7) calendar days of receiving a notice of non-compliance. Such written response will identify:

1. the causes of the non-compliance;
2. the actions taken to correct the non-compliance; and
3. steps taken to prevent recurrence.

The acceptability of the corrective and preventative actions will be determined by the Manager, Esquimalt Graving Dock, within seven (7) calendar days, after further review of all relevant information.

5.4 Opportunity to be Heard. Esquimalt Graving Dock Management or the Regional Director General, will provide the senior authorized officer the opportunity to be heard immediately upon receipt of an alleged breach and/or in connection with an initial determination of non-compliance made pursuant to this Article of the Code.

5.5 Non-Compliance to Legislation. Esquimalt Graving Dock Management is required to report, to the appropriate federal, provincial, or municipal authority, violations of any applicable laws, including but not limited to, the following:

• Competition Act
• Canada Water Act
• Canada Wildlife Act
• Canadian Environmental Protection Act
• Canadian Marine Act
• Fisheries Act
• Marine Transportation Security Act and Regulations
• National Fire Code of Canada
• Financial Administration Act
• Criminal Code

5.6 Advice and disclosure. Users may obtain clarification to elements of this Code of Conduct or report any alleged breaches directly to:

• Esquimalt Graving Dock
  Telephone: 250-363-3879 or 250-363-8056
  Email: egd-cse@pwgsc-tpsgc.gc.ca

5.7 Failure to comply. Failure to comply with this Code could result in Esquimalt Graving Dock Management:

• Denying access to the Esquimalt Graving Dock property;
• Cancelling an existing lease;
• Not entering into a new lease; or
• Not renewing an existing lease