Guidance document: post-employment Conflict of Interest

Provisions for all former NRC employees

All NRC employees, who will be leaving the NRC to pursue other employment or business opportunities should undertake steps to avoid any potential, apparent or actual conflict of interest between their new employment and their most recent responsibilities at NRC. But if the only viable options for post-employment are those that raise a potential, apparent or actual conflict of interest situation, the NRC employee should seek direction from the NRC Secretary General’s Office on how to address these issues before leaving NRC's employ.

In providing direction, the Secretary General will take into account the individual’s employment status as an important consideration in applying the NRC’s Conflict of Interest (COI) Policy’s general provision to not unduly restrict a former employee’s ability to seek other employment.

Special measures for employees in "designated" positions

Under the NRC COI Policy, NRC employees in “Designated Positions” must take extra care to minimize the possibility of a potential, conflict of interest situation as per the Limitation Period provisions below.

This is done to ensure that the post-employment activities of these individuals will bear the closest public scrutiny and to maintain public trust in the individual and the NRC.

The "designated" positions are:

  • Management (MG)
  • NRC-IRAP Industrial Technology Advisors (ITAs)
  • Senior Contracts Officers
  • Laboratory Group Leaders
  • Business Development Officers

If you are in a "Designated Position” as specified above and are considering employment with an organization with which you had official dealings in the past year or if you have any other questions about the implications of the NRC COI Policy for your post-NRC employment, please contact the NRC Secretary General's Office for assistance (conflict.of.interest@nrc-cnrc.gc.ca)

Limitation period

Among the Post-Employment requirements of the NRC COI Policy, a former NRC employee of a “designated position” must not normally, during a period of one-year after leaving office:

  • accept appointment to a board of directors of or employment with entities with which they personally, or through their subordinates, had significant official dealings during the period of one year immediately prior to the termination of their employment or service with NRC;
  • make representations for, or on behalf of, persons to any department or organization, including NRC, with which they personally, or through their subordinates, had significant official dealings during the period of one year immediately prior to the termination of their employment or service with NRC; and
  • give advice to their clients using information that is not available to the public concerning NRC's programs or policies or programs and policies of the departments or organizations with which they had a direct and substantial relationship while at NRC.

Waiver of limitation period

For NRC employees (other than Vice-Presidents or Directors General) in a “designated position”, the reduction or waiver of the above Limitation Period can be granted by the NRC Secretary General directly in writing to the individual concerned.
Decisions on this issue will take into account the circumstances under which the termination of their service occurred and the general employment prospects of the NRC employee or former NRC employee (as well as the desirability of a rapid transfer of the NRC employee's or former NRC employee's knowledge and skills from NRC to private, other governmental, or non-government sectors) as valid reasons for the granting of a waiver. This is subject to confirmation that there are no serious concerns pertaining to;

  • the significance to NRC of information possessed by the NRC employee or former NRC employee by virtue of that individual's position at NRC;
  • the degree to which the new employer might gain unfair commercial or private advantage by hiring the NRC employee or former NRC employee;
  • the authority and influence possessed by the employee while at NRC; and
  • the disposition of similar cases.

The decision by the Secretary General to reduce or waive the limitation period will be communicated and recorded in writing.

Expedited COI exit arrangements

NRC employees in “designated positions” seeking expedited consideration of a request for a Waiver shall disclose to the Secretary General:

  • all firm offers of employment they receive that could place them in a potential, apparent or actual conflict of interest as per the NRC COI Policy;
  • and plans to establish a private sector company that may conduct business or engage in dealings with NRC or other federal government entities.

Reconsideration of decisions

An NRC employee or former NRC employee may apply to the NRC Secretary General for reconsideration of any determination respecting his or her compliance with the post-employment measures.

Dealings with former NRC employees

NRC employees shall seek guidance from the Secretary General if they have official dealings with former NRC employees who may be covered by the Post-Employment measures of the NRC COI Policy if they are unsure as to their status.

The Secretary General will determine whether the former NRC Employee is complying with the prescribed measures or covered by a Waiver granted in the circumstances.

No NRC employee shall knowingly have official dealings with former NRC employees who are violating the Post-Employment measures of the NRC COI Policy.