Benoit First Nation

Western Port au Port Peninsula, Newfoundland

Kwesowaak, Pukt aq Pukt Kwe’sawe’k, Taqamkuk

Employee Conflict of Interest Policy

  1. Purpose

    Benoit First Nation Inc is committed to conducting business and delivering services in a fair, transparent, accountable and impartial manner. This Conflict of Interest Policy deals with situations in which our employees may have an actual, perceived or potential conflict of interest between their public role and their personal interests.

    The purpose of this policy is to set out a framework for employees and relevant persons to identify, disclose, manage and monitor conflicts of interest. It should be read in conjunction with the Conflict of Interest Procedures and associated guidelines. Resources, including decision making tools and templates are also available to assist persons to deal with conflicts of interest.

  2. Key concepts and definitions

    A conflict of interest arises from a conflict between the performance of a public duty and a private or personal interest.

    A personal interest includes the private, professional or business interests of a person, or of the individuals or groups with whom they have a close association, such as relatives, friends or even enemies. Personal interests may be pecuniary or non-pecuniary.

    • Pecuniary: a pecuniary interest refers to an actual or potential financial gain or loss for the person, their family, friends or close associates.

    • Non-pecuniary: a non-pecuniary interest refers to an interest that is not financial or monetary but arises from such things as personal relationships, beliefs or involvement in social, cultural, religious or sporting activities. A conflict of interest may be actual, perceived or potential.

    • Actual: an actual conflict of interest occurs when there is a conflict between a person’s official duties and responsibilities in serving the public interest, and their personal interest.

    • Perceived: a perceived conflict of interest occurs when a reasonable person, knowing the facts, would consider that a conflict of interest may exist, whether or not this is the case.

    • Potential: a potential conflict of interest occurs where a person has a personal interest that could conflict with their official duties in the future.

    CEO refers to the principal officer of the band council, whether described as Chief Executive Officer, a General Manager for the purposes of band staff, or a Vice-Chief for the purpose of council elected members.

  3. Scope

    This policy applies to all persons administered by or working for Benoit First Nation Inc including:

    • employees, whether full-time, part-time, fixed-term or on contract;

    • band council or committee members;

    • Chief / Saqamaw

    • volunteers; and

    • suppliers or consultants whose contracts specify that they are bound by this policy.

  4. Policy Statement

    A conflict of interest may affect a person’s judgement as to what is in the public interest, or may lead to a bias in their decision making. It is not always possible to avoid a conflict of interest. A conflict of interest is not necessarily unethical or wrong.

    It is important that any actual, perceived or potential conflict of interest is identified, disclosed and effectively managed (including avoided if possible). Management of conflicts of interest must be fair, transparent, accountable and free from bias. Persons to whom this policy applies must:

    • disclose any actual, perceived or potential conflict of interest;

    • seek independent advice about how a conflict will be managed; and

    • are encouraged to report any actual, perceived or potential conflict of interest that they observe.

    The Conflict of Interest Procedures specify how and to whom disclosures or reports must be made, the roles and responsibilities of various persons, steps or processes that may be used to avoid or manage a conflict of interest, and how a conflict of interest is to be recorded and reported.

    Specific guidance about these matters is provided for roles or areas where there is a high risk that a conflict of interest may arise. These roles or areas have been identified as human resources functions, procurement, regulatory functions, permits and grants.

  5. Policy owner

    Benoit First Nation Inc is responsible for this Conflict of Interest Policy and the Conflicts of Interest Procedures.

    The Chief is responsible for reviewing and evaluating the effectiveness of the policy and procedures on an annual basis.


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