Frequently Asked Questions

• Q-1 Why does the government need a Code of Conduct for Procurement if it has existing measures?
• Q-2 What measures currently exist?
• Q-3 What kind of sanctions could result from non-compliance?
• Q-4 Why is the Values and Ethics Code for the Public Service not enough?
• Q-5 How does the Code improve contracting?
• Q-6 Do suppliers need their own code of conduct now to do business with the government, and will they be obligated to develop their own codes in future?
• Q-7 By implementing the Code, are you suggesting that something is wrong with government contracting?
• Q-8 Was industry consulted during the development of the Code?

Q-1 Why does the government need a Code of Conduct for Procurement if it has existing measures?

The government already has an array of legal, regulatory and policy requirements in place to ensure that contracting is conducted in an open, fair and transparent way. These measures can be found in a number of acts and regulations including the Values and Ethics Code for the Public Service, the Competition Act and the Lobbyists Registration Act.

The Code of Conduct for Procurement provides a single point of reference to key responsibilities and obligations, making these measures easier to find and understand.

The Code consolidates the government's existing legal, regulatory and policy requirements, outlining the government's expectations of public servants and suppliers. It summarizes existing law and policy without introducing new obligations for suppliers or public servants.

Q-2 What measures currently exist?

The government already has a number of measures in place to ensure that contracting is conducted in an open, fair and transparent way. For example:

1. The Competition Act and Criminal Code, including sanctions that exist for giving or receiving bribes or colluding with others to obtain a contract;
2. The Values and Ethics Code for the Public Service guides and supports public servants in all their professional activities;
3. The Lobbyists Registration Act includes disclosure requirements related to activities by consultant and in-house lobbyists.

Q-3 What kind of sanctions could result from non-compliance?

As the Code is intended to summarize existing law and policy without introducing new obligations for either suppliers or public servants, the consequences for non-compliance are in effect the penalties and sanctions contained in the applicable law or policy.

Q-4 Why is the Values and Ethics Code for the Public Service not enough?

The Values and Ethics Code for the Public Service deals with many aspects of the federal government's activities, however it only applies to public servants and not suppliers. The Code of Conduct for Procurement ensures the expectations of all parties are clearer and easier to understand.

Q-5 How does the Code improve contracting?

The Code ensures that public servants and suppliers are working from the same concise statement of expectations and commitments that clearly outline what is acceptable conduct when contracting with the government.

Q-6 Do suppliers need their own code of conduct now to do business with the government, and will they be obligated to develop their own codes in future?

No. The Code of Conduct for Procurement addresses the responsibilities of suppliers, as well as those of public servants.

Q-7 By implementing the Code, are you suggesting that something is wrong with government contracting?

No. Government contracting is conducted to the highest standards of integrity by both public servants and suppliers. Implementing the Code will promote awareness of the government's expectations and increase the level of transparency and accountability between suppliers and the government.

Q-8 Was industry consulted during the development of the Code?

In February and March 2007, PWGSC invited government procurement officers, suppliers and members of the general public to comment on the Code by posting a notice on MERX - Canada's most complete source of information for suppliers on government procurement opportunities.

The department also posted information on the PWGSC Internet site to ensure broad participation in this exercise.

The Code integrates the feedback received from these consultations.