Code of Conduct for Commission Members

This Code of Conduct for Commission Members guides the work of the members of the Canadian Nuclear Safety Commission’s (CNSC’s) quasi-judicial administrative tribunal—referred to as “the Commission”—and outlines the professional conduct expected in that role.

Due to the nature of their work, Commission members must act in a way that is above reproach, and that embodies the CNSC’s values of respect, integrity, service, excellence, responsibility, and safety. It is hoped that this Code of Conduct will help to foster an environment of trust, support, and collaboration in meeting our commitment to be a trusted and modern regulator, committed to protecting the environment and ensuring nuclear safety and security for all people in Canada.

Code of conduct for Commission Members (PDF, 239 KB)

Introduction

Statement of purpose

This Code of Conduct for Commission Members (the Code) sets out the standards of conduct for individuals appointed as members of the tribunal component of the Canadian Nuclear Safety Commission (CNSC)—referred to as “the Commission.” This Code is effective from April 10, 2025, and replaces all previous versions of the Code of Conduct for Commission Members.

To support the Commission’s commitment to fair, transparent, and effective proceedings, and to further public confidence in the integrity, impartiality, and independence of the Commission, Commission members are expected to abide by the principles and guidance set out in this Code.

As Governor in Council (GIC) appointees, Commission members are governed by the Office of the Conflict of Interest and Ethics Commissioner (OIEC). As a reporting public office holder, the Commission President is subject to additional conditions beyond those of the Commission members.

Additional standards of conduct are outlined in the terms and conditions of appointment. Useful information on legal obligations and related standards of conduct for GIC appointees, can be found in, for example:

• the Conflict of Interest Act;
• the Terms and conditions applying to Governor in Council appointees;
• the Privacy Act as it relates to personal information;
• the Treasury Board Secretariat (TBS) Policy on Service and Digital and Directive on Service and Digital as they relate to electronic devices provided to members by the CNSC; and
• the TBS Policy on Government Security as it relates to protected or confidential information received by the member from the CNSC.

This Code is not an exhaustive list of expectations. It is intended to supplement—and should be read in conjunction with—the requirements in the above-noted instruments, as well as any applicable conduct requirements that are established from time to time.

Scope

This Code applies to all Commission members, including the Commission President. All members are expected to conduct themselves in a manner that is consistent with the CNSC’s mandate, and that:

• protects the integrity of the Commission;
• encourages compliance with this Code;
• avoids any situation, conduct, comment, or conflict that could negatively affect the integrity or reputation of the CNSC;
• demonstrates good faith, prudent judgment, honesty, transparency, and openness in their activities on behalf of the CNSC; and
• demonstrates due diligence and dedication in preparation for—and attendance at—scheduled Commission hearings, meetings, and training sessions.

Administration

In accordance with subsection 12(1) of the NSCA, the Commission President is the chief executive officer of the Commission and has supervisory authority over the work of Commission members. The President is responsible for the administration and application of this Code.

Commission members are accountable to the President for compliance with this Code. Members must be mindful of situations or conduct that go against—or that might be reasonably perceived as going against—this Code.

Members are encouraged to bring any concerns in relation to potential breaches of this Code—and/or that may threaten the integrity of the Commission—to the attention of the President or the Commission Registrar as soon as possible.

The Registrar is responsible for promoting member awareness of and compliance with this Code. Any questions regarding the interpretation or application of this Code may be directed to the Registrar.

General conduct

1. Commission members will conduct themselves to ensure that:

1. public confidence and trust in the integrity and impartiality of the Commission will be maintained and enhanced; and
2. the Commission’s decision-making independence will be maintained at all times.

2. When carrying out their duties, Commission members will uphold and respect the Commission’s commitment to independent, fair, merit-based, accountable, transparent, open, culturally sensitive, informal, and expeditious proceedings and decisions.

3. Members will raise any concerns and/or comments on the structure, policies, or practices of the Commission, on the Nuclear Safety and Control Act (NSCA), or any other legislation which they are called upon to apply, in private with the Commission members, the President or the Registrar.

4. Members will conduct themselves in a manner that demonstrates respect for the views and opinions of their fellow members. Members will not criticize their colleagues in public.

5. Members will endeavour to build positive working relationships with other members and professional, arms-length relationships with CNSC staff. They will treat everyone with respect.

6. To the extent possible, members will avoid any situation where their private interests intersect with their duties as Commission members. External activities that might indicate affiliation, endorsement, or sponsorship of any person, business, publication, etc., including but not limited to such activities as public speaking and/or written contributions, are to be conducted solely in a personal capacity, with clear indication that such activity is not associated in any way with the individual’s role as a Commission member.

7. Members will not engage in unethical or illegal acts or behaviour and will not encourage anyone to commit such acts.

8. Members will consider the present and long-term effects that their actions may have on people and on the environment.

Expertise

9. Members will maintain a high level of professional competence and expertise to fulfil their duties and responsibilities.

10. Members will pursue the development of knowledge and skills related to their work on the Commission, which will include participating in ongoing training provided by the Commission Registry.

11. As decision-makers, Commission members will be experts in what they do and will share their skills, knowledge, and expertise with their colleagues.

Natural justice

12. Members will conduct proceedings and render decisions that are informed and guided by the currently available jurisprudence respecting procedural fairness and natural justice. Members will approach each matter with an open mind and will be—and will be seen to be—impartial and objective.

13. Members will conduct themselves in a manner that will not cast doubt on their ability to perform their duties objectively.

Conflict of interest

14. Members will recuse themselves from a proceeding or an item at a proceeding if they:

1. know or reasonably should know that there is a real or potential conflict of interest;
2. have reason to believe that their participation may create a reasonable apprehension of bias;
3. would not be able to render an impartial decision; or
4. have a prior or continuing association with a participant appearing before the Commission that would be reasonably perceived as impairing their impartiality.

15. In accordance with the Conflict of Interest Act, members may not divulge or use information obtained in the performance of their duties that is not already available to the public, for their own benefit or for the benefit of others.

16. Members will seek advice from the CNSC’s Legal and Commission Affairs Branch (LCAB) regarding any real or potential conflict of interest, and will disclose to the President or to the Commission Registrar any real or potential conflict of interest—or any possible perception of conflict of interest—that may arise in the context of their Commission duties and responsibilities as Commission members.

17. Members will not accept gifts or other advantages, including hospitality or other benefits, as set out in the applicable legislation, guidelines, codes, policies, or other instrument established for GIC appointees, unless received as an expression of courtesy or protocol wherein refusal would be seen as an act of disrespect.

18. No one may improperly influence the Commission’s adjudicative independence. The Commission cannot favour one party over another.

19. Members will avoid activities that are—or could appear to be—incompatible with their Commission member role, or that could call into question their independent exercise of judgment, integrity, and/or impartiality.

Conduct during Commission proceedings

20. Members will be polite and respectful in all proceedings, and will ensure that the proceedings are fair, orderly, and efficient.

21. Members will be well prepared before all proceedings. They will always be objective and open-minded during a proceeding.

22. Members will be mindful of social and cultural differences and will not discriminate against anyone.

23. Members will not advocate for any participant or provide any participant with advice. However, members should seek to ensure that participants understand the processes and the practices of the Commission.

Collegiality

24. Members will encourage and support the collegial operation of the Commission and will foster a positive work environment that promotes equity and freedom from discrimination and harassment.

25. Members will familiarize themselves with and adhere to the content of the CNSC’s Workplace Harassment and Violence Prevention Policy, and are expected to report any incident of workplace harassment and/or violence to the Registrar, verbally or in writing, whether experienced or observed.

26. Members will assist their peers through the respectful exchange of views, information and opinions.

Decision making

27. Members will make each decision based on the thorough assessment of the evidence, and the application of relevant laws, including Sections 23 and 24 of the NSCA, legal tests, and applicable jurisprudence.

28. Each member will make decisions in an independent, impartial, and objective manner without regard to partisan or special interests, advocacy, or fear of criticism.

29. Members will not be influenced by extraneous or improper considerations in their
decision-making. Members will make their decisions free from improper influence.

30. Members are encouraged to seek consensus in their decisions; where there is dissent, the dissenting member is expected to provide their rationale for the dissenting view.

31. Members will consider the privacy interests of individuals in the conduct of proceedings and the writing of decisions. Decisions should therefore contain only the personal information that is necessary to explain the reason(s) for the decision.

32. Members are responsible for the accuracy and quality of their decisions and must make decisions in a timely manner consistent with the Commission’s service standards. This includes confirming that the Record of Decision accurately and comprehensively reflects their decision and the reason(s) for their decision.

33. Members will not publicly comment on or explain the decisions of the Commission; the published Record of Decision will speak for itself.

Security protocols

34. Members will respect the security protocols and procedures at any location where they may be conducting business on behalf of the Commission.

35. No member will disclose anything discussed among members in private session to anyone who was not present at the discussion.

36. For information that is not available on the public record, members will respect the confidentiality and security classification of information in accordance with the TBS Policy on Government Security as it relates to protected or confidential information, and any other applicable laws and regulations.

37. Members will immediately report any concerns, incidents, or potential breaches of privacy or confidentiality to the Commission Registrar so that the matter can be addressed in a timely manner. Such matters will be addressed in accordance with CNSC procedures and other legal considerations, and may include (without being limited to):

1. a security concern related to a proceeding;
2. criminal activity; and
3. unauthorized disclosure, disruption, modification, destruction, or removal of government information or assets assigned to a member’s home office; etc.

Appropriate use of CNSC resources and assets

38. Members are accountable for the appropriate use of all tools, equipment, and information provided by the CNSC and used in discharge of their duties, regardless of the location of their workplace.

39. When accessing documents on the CNSC’s network via CNSC-issued tablets, Commission members will access only the material provided to them by the Commission Registry. Commission Members will not access CNSC documentation other than that which is specifically assigned to them.

40. Members will safeguard documents, assets, and equipment as directed, and in particular in accordance with the TBS Policy on Government Security as it relates to protected or confidential information.

41. With respect to CNSC property, equipment, and information technology (IT), members will ensure acceptable use of the Government of Canada network and devices, as established in the TBS Directive on Service and Digital, the CNSC’s Digital Policy and the underlying directives, including all CNSC Information Management/Information Technology (IM/IT) directives (e.g., inter alia, Information Security Directive, IT Asset Management Directive, and IT Security Directive).

42. Each member will ensure that the equipment in their home office is maintained to meet Government of Canada health, safety, and security requirements and standards.

43. Each member will return all work-related documents and equipment, and will delete all work-related electronic information as and when requested, and at the end of their term as a Commission member.

Communication

44. Members will protect the confidentiality around deliberations and discussions supporting decisions, and will not discuss the decision-making process with persons other than other members and supporting personnel from CNSC Legal Services and the Commission Registry.

45. Members are required to take an oath or affirmation of fidelity and secrecy pursuant to section 66 of the NSCA. In accordance with this requirement, members will only communicate or share Commission information with persons who are legally entitled to receive it.

46. Only Commission Registry staff may contact parties or intervenors before and/or after a proceeding. Members will receive or consider only that information received from the Commission Registry.

47. Members will not communicate with any news media about the Commission’s work without the President’s express permission. This applies to any matter that may affect the Commission or create a reasonable apprehension or perception of bias. News media includes print and visual media, radio, blogs, social media, websites, and online communications such as advocacy forums and communities.

48. Commission members are not designated as spokespersons for the CNSC. Members who are directly invited to speak about the CNSC or its mandate will direct the requestor to contact the Registrar.

49. Members will not communicate or share any opinion with other government organizations, politicians, or the staff of politicians about the Commission’s work without the permission of the President.

50. Members will refer all enquiries from the media, government departments, politicians, parties to a proceeding, intervenors, or members of the public to the Registrar.

51. To preserve the integrity of the decision-making process, and to fulfill the duty to act fairly and to respect the privacy interests of those involved in any proceeding, information is to be communicated on a “need to know” basis in accordance with the Policy on Government Security. This provision is to be applied both during a member’s appointment to the Commission and post-employment (as set out in the Conflict of Interest Act).

Outside activities

52. Outside activities are activities that are not part of members’ normal Commission duties. Members will not take part in an outside activity if:

1. it goes against their responsibilities under this Code, under section 11 and/or section 66 of the NSCA, or under the Conflict of Interest Act;
2. it is inconsistent or incompatible with their official duties and responsibilities as a Commission member; or
3. it might reasonably cast doubt on their ability to objectively perform their duties as a Commission member.

53. Members will arrange their personal affairs in a manner that will prevent them from being in a conflict of interest, as set out in the applicable legislation, guidelines, codes, policies, or other instrument(s) established for GIC appointees.

54. Members will be mindful that their personal activity on social media sites may reflect on the CNSC and/or the Commission, and they will avoid identifying themselves as members of the Commission except in their profiles on professional sites such as LinkedIn.

55. If a Commission member isn’t sure whether they are allowed to participate in an outside activity, they should consult the Commission Registrar for advice and guidance.

The CNSC’s mandate

Under the NSCA, the CNSC’s mandate is:

1. to regulate the development, production and use of nuclear energy and the production, possession and use of nuclear substances, prescribed equipment and prescribed information in order to:
   1. prevent unreasonable risk, to the environment and to the health and safety of persons, associated with that development, production, possession or use,
   2. prevent unreasonable risk to national security associated with that development, production, possession or use, and
   3. achieve conformity with measures of control and international obligations to which Canada has agreed; and
2. to disseminate objective scientific, technical and regulatory information to the public concerning the activities of the Commission and the effects, on the environment and on the health and safety of persons, of the development, production, possession and use referred to in paragraph (a).

The CNSC fulfills its mandate through the work of dedicated and skilled scientific, technical and corporate specialist staff. These employees are responsible for:

• implementing the Commission tribunal’s decisions;
• verifying compliance with licences and regulations;
• reviewing licence applications;
• performing environmental assessment review work; and
• engaging citizens through community outreach activities.