NSERC's Council is composed of the
The
For the purposes of clarity, the word "Council" refers to this group of members, while "NSERC" refers to the corporate and operating entity.
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Council members -
Council’s Role -
Role of the Vice-President and Chair of Council -
Guidelines on Conflict of Interest for NSERC Council Members -
Code of Ethics and Business Conduct for NSERC Council Members -
Declaration for NSERC Council Members
The roles and responsibilities of the Council are set out in the
The Council collectively represents the academic research and private sector research and development (R&D) communities in natural sciences and engineering, as well as other stakeholder groups in the Canadian research ecosystem. The Council’s main responsibilities are to set the strategy and high-level direction for NSERC, to review and to evaluate performance. The Council advises the President to achieve the greatest strategic impact and to advance Canada’s R&D agenda. The Council is not responsible for the actual operations of NSERC, including financial expenditures.
The Council provides advice on funding allocations to broad program areas for grants, scholarships and fellowships. The responsibility of reviewing applications rests with NSERC’s various selection committees. Council members are not normally involved in these reviews. However, the Council may be asked, on an exceptional basis, to give final approval on certain awards.
The Council is advised on policy and programming matters by standing committees that are responsible for overseeing, where appropriate, the work of selection committees and panels. The committee structure adopted by the Council enables it to devote most of its deliberations to broad policies and strategic direction.
Note: “Council” refers to the group of 18 members while “NSERC” refers to the corporate and operating entity.
The
The Council may, with the approval of the Governor in Council, elect one of its members to be Vice-President of the Council.
In accordance with the
The Vice-President and Chair of Council may be contacted through NSERC’s Secretariat at
The Vice-President and Chair is primarily responsible for leading and managing the Council. This is done in close collaboration with the President and with the active support of the Corporate Secretary, especially as it relates to the planning and organizing of Council and Executive Committee meetings and materials. The duties of the Vice-President and Chair primarily concern:
- Planning the work of the Council;
- Leading Council meetings;
- Working and liaising with the President;
- Managing the performance of the Council, its Committees and members;
- Planning succession of the Council members; and
- Representing the Council to outside parties.
The Vice-President and Chair, or his/her delegate, is also a member of the
The Vice-President and Chair may also carry out other duties as requested by the President or Council depending on need and circumstances. If the President is temporarily unavailable, then the Vice-President and Chair may act on the President’s behalf, as directed by the President. In accordance with the
In practice, under these circumstances, the Vice-President and Chair is the Interim President of NSERC, but may be unable to exercise all the responsibilities and powers of the President due to other commitments or the location of his/her home and/or business. He or she may assign responsibilities for the supervision over and direction of the work and staff of NSERC to a Vice-President of NSERC, to act as the Chief Operating Officer.
Council members are subject to certain provisions of the
The Act states that “a public office holder is in a conflict of interest when he or she exercises an official power, duty or function that provides an opportunity to further his or her private interests or those of his or her relatives or friends or to improperly further another person’s private interests.”
It further states that “every public office holder shall arrange his or her private affairs in a manner that will prevent the public office holder from being in a conflict of interest.”
The Act is limited to fairly specific circumstances for public office holders and requires them to recuse themselves from any discussion, decision, debate or vote if they would be in a conflict of interest.
The
At NSERC, conflict of interest is a broad term that includes real, potential and perceived conflicts. Some cases of potential and perceived conflict of interest may not always be covered by the Act.
A real conflict of interest, as described above in respect of the Conflict of Interest Act, would exist if a Council member were an applicant on a proposal that needed to go before the Council for a recommendation on funding.
A potential conflict of interest is one that could possibly develop or happen in the future (e.g., a Council member is considering collaborating with an organization or considering employment with an organization that is seeking significant funding from NSERC, and the Council is reviewing the proposal).
A perceived conflict of interest exists if there could be a reasonable apprehension that a conflict exists and that the member may not be able to act in an impartial way (e.g., a Council member is from the same university as an applicant on a proposal that is being considered by the Council).
NSERC allows for a range of measures (not just recusal) for dealing with different conflict of interest situations (see
The first guardian of ethical behaviour in the event of a conflict of interest is the individual member involved. The onus is on the member to disclose a conflict. The second guardian is the Council as a whole. Rules of disclosure and procedure can assist members in meeting their obligations, but only if they choose to invoke them and to follow them both to the letter and in the spirit in which they were formulated. Members must openly disclose any real, potential or perceived conflicts of interest and ensure that such conflicts are resolved in the public interest.
Members will be provided with an agenda and/or notified of issues in advance of Council meetings or activities so as to be able to ascertain whether they are in a real, perceived or potential conflict of interest situation.
When a member is unsure about whether a real, potential or perceived conflict of interest exists, they should consult the Corporate Secretary and the Office of the Conflict of Interest and Ethics Commissioner if appropriate.
Where a member ascertains that he or she is in a real, potential or perceived conflict of interest situation, he or she must disclose the conflict in writing to the Corporate Secretary, who will advise the Council Chair and the President.
Upon receipt of the written disclosure, the President and Chair shall determine whether a real, potential or perceived conflict of interest exists, and determine compliance measures that may be necessary, in agreement with the Council member. The member will take appropriate action to resolve the conflict in favour of the public interest. If the conflict of interest situation is covered by the Act, the member must recuse himself or herself from the discussion, decision, debate or vote. The member and/or the Corporate Secretary may consult with the Office of the Conflict of Interest and Ethics Commissioner to determine if the Act applies and is being respected.
Conflicts of interest that arise unexpectedly during the course of a Council meeting will be disclosed verbally by the member at the meeting. The President and Chair shall determine whether a real, potential or perceived conflict of interest exists, and determine compliance measures that may be necessary, in agreement with the Council member. If the conflict of interest situation is covered by the Act, the member must recuse himself or herself from the discussion, decision, debate or vote in question.
If an undisclosed real, potential or perceived conflict of interest with respect to a member comes to the attention of the Corporate Secretary, the President or Council Chair, the matter will be addressed as outlined above.
While the Act requires that members in conflict of interest recuse themselves from the discussion, decision, debate or vote in question, NSERC allows for other compliance measures to be taken in cases of conflict of interest not covered by the Act. Depending on the nature of the conflict, disclosure may be sufficient. In other cases, members may participate in discussions, but not vote on the decision. If a member is required to withdraw from specific Council activities or from discussions and/or votes on matters, the official minutes of the meeting shall record the member's absence or abstention from the discussions and/or votes. If the conflict may fall under the Act, the minutes will be forwarded to the Office of the Conflict of Interest and Ethics Commissioner by the Corporate Secretary.
The role of the Council is normally separate from the process of making funding decisions on proposals submitted through NSERC’s established programs. During their Council term, members may apply as applicants and co-applicants for funding from NSERC’s established programs, but must declare a conflict of interest and recuse themselves from Council discussions and decisions with respect to their application if the proposal eventually comes before the Council for a funding recommendation.
Occasionally, the Council may review and recommend funding for proposals that may have been submitted outside NSERC’s established programs. Members may not apply to NSERC as the principal applicant for such proposals. Members may be co-applicants on such proposals, but must declare a conflict of interest and recuse themselves from the discussion and decision if the proposal comes before the Council.
Occasionally, members may be required to act as reviewers:
- as a Council member making a recommendation on funding for a proposal, and
- as a member of a prize committee (e.g., Steacie, Polanyi, Brockhouse).
When the Council is acting in such a capacity, the
Council members may not be appointed to serve as members of regular NSERC selection committees (for grants or scholarships programs).
Members may act as referees for proposals within established programs, but do not do so in their capacity as Council members. Members may not act as referees for proposals outside the established program structure.
As part of their professional duties outside the Council, members may be required to sign a grant or award application for another person in support of NSERC funding. If such applications come before the Council for final recommendation, the member should declare a conflict of interest and recuse himself or herself from discussions or decisions on the matter.
The Corporate Secretary may seek advice from the Office of the Conflict of Interest and Ethics Commissioner on conflict of interest issues covered by the Act. Members may communicate directly with the Office of the Commissioner for advice.
The Corporate Secretary may seek advice from legal counsel and senior management in assessing conflicts and in developing recommendations to the President and Chair on compliance measures for conflict of interest issues covered by the NSERC Code.
As part-time Governor-in-Council appointees, NSERC Council members are subject to the
The NSERC Code of Ethics and Business Conduct for NSERC Council Members (NSERC Code) sets out additional standards of ethics and conduct to which members must adhere with respect to their roles, duties and responsibilities. Members must conduct themselves with the highest level of ethical behaviour so as to uphold public confidence in their integrity, objectivity and impartiality, and in the decision-making process of the Council. The
Throughout their term on the Council, members must also abide by
The President and the Council Chair are responsible for final decisions related to the application of the NSERC Code. Members may seek assistance from the Corporate Secretary in interpreting the Code as necessary. The Corporate Secretary in turn, may seek advice from the Office of the Conflict of Interest and Ethics Commissioner and/or seek advice from legal counsel and senior management. The NSERC Code may cover situations and requirements with respect to the ethics, conduct and integrity expected of members not necessarily covered by the Conflict of Interest Act.
Members may seek assistance concerning their obligations under the Conflict of Interest Act directly from the Office of the Conflict of Interest and Ethics Commissioner. More information may be found in the
Council members are also subject to the
Conforming with all of these requirements does not absolve individual members of the responsibility to take such additional action as may be necessary to avoid real, potential or perceived conflicts of interest, and to meet the highest standards of ethical behaviour.
The purpose of the NSERC Code is to:
- establish clear guidelines respecting ethics and conduct;
- establish clear guidelines respecting conflicts of interest, including those not covered by the federal Conflict of Interest Act;
- place these guidelines in the public domain; and
- provide for the resolution of conflicts in the public interest.
The Council collectively represents the academic and private sector Research and Development (R&D) communities in natural sciences and engineering, as well as other stakeholder groups in the Canadian innovation system. The Council’s main responsibilities are to set the strategy and high level policies for NSERC, and to advise on the activities and directions of the organization. The Council works to achieve the maximum strategic impact for Canada from the expenditure of public funds, and to advance Canada’s research and development agenda. The specific roles and responsibilities of the Council are set out in the
The Council approves funding allocations to broad program areas for grants, scholarships and fellowships. The responsibility for reviewing funding applications rests with various NSERC selection committees. Members are not normally involved in these reviews. However, members may be asked, on an exceptional basis, to recommend funding on certain awards to the President. Members may also be asked to Chair or be members of special, advisory or standing committees (for prizes, for example, or ad hoc policy committees).
Members are appointed as individuals; they are not the advocates or representatives of their disciplines nor are they the delegates of any organization. However, members may be recipients of NSERC awards, senior administrators of universities that benefit from NSERC support, or officers or employees of companies that may partner with NSERC.
The Ethical Guidelines for Public Office Holders address general principles on ethical standards, public scrutiny, decision-making and government property. In addition, the following principles form the basis of the NSERC Code. In carrying out their Council-related duties, members will:
Ethical standards and values
- At no time act in such a manner as to take improper advantage of their membership role.
Conflict of interest
- Ensure separation between their roles as applicants, grantees, supporters of applications and/or peer reviewers and as Council members.
- Upon appointment and on an ongoing basis, disclose to the Corporate Secretary any real, perceived or potential conflict of interest with respect to a matter before the Council, and take appropriate and timely action to resolve the conflict in favour of the public interest, including where necessary, recusing themselves from Council meetings, activities, discussions and decisions relating to the matter.
- Arrange their private affairs in a manner that will prevent real, potential or perceived conflicts of interest from arising.
Decision-making
- Ensure that their private views do not lead to bias in the decision-making or review process.
- Speak publicly in an official capacity only and with a unified voice about Council decisions and other NSERC business.
Private interests
- Ensure that their private interests and those of their relatives and friends do not influence Council decisions, or the conduct of their duties and their responsibilities as Council members (private interests include personal, family, financial, professional and employment relationships, affiliations, associations and activities).
Confidentiality
- Treat as confidential any NSERC, government, proprietary or personal information not in the public domain that they are privy to as Council members.
At the time of their appointment, members must report all personal, family, financial, professional and employment or other relationships, affiliations, associations or activities that may be reason for real, potential or perceived conflicts of interest with respect to their Council roles, duties and responsibilities. Council members are required to sign the Declaration for NSERC Council Members and to submit this signed declaration to the Corporate Secretary.
Any document provided by members shall be kept in secure personal files in the NSERC Records Office. As well, any material related to members' activities will always be stored in separate sealed envelopes. Access to the foregoing material will be limited to the Corporate Secretary, the Executive Vice-President, the President and the Council Chair (or their designates), unless otherwise required by law.
Council members will review their obligations as necessary (at least once per year) and will report in writing to the Corporate Secretary, as required, regarding any changes.
In the event of any failure to abide by the declaration and the requirements outlined above, the President and Chair will discuss the matter with the member and, if necessary, inform the Minister of Industry, the Privy Council Office and/or the Office of the Conflict of Interest and Ethics Commissioner.
September 2009
I understand that, as a Council member of the Natural Sciences and Engineering Research Council of Canada (NSERC Council member), I am a Public Office Holder subject to the
I have read and understood and agree to abide by the roles, duties and responsibilities of members set out in the
I agree that in carrying out my roles, duties and responsibilities I will always act and behave in a manner that will avoid any real, perceived or potential conflict(s) of interest.
I declare that, at present:
- I do not have a real, perceived or potential conflict of interest with respect to my roles, duties and responsibilities as a member;
Or
- by reason of one or more of my personal, family, financial, professional, employment or other relationships, affiliations, associations or activities, I have a real, perceived or potential conflict of interest, as follows (attach separate sheet if necessary):
I declare that I have resolved and will continue to resolve any conflict of interest as disclosed above in favour of the public interest including, where necessary, recusing myself from NSERC Council meetings, activities, discussions and/or decisions about the matter with which I have a real, perceived or potential conflict of interest.
Should a real, perceived or potential conflict of interest arise with respect to my role, duties or responsibilities as a member, I will immediately disclose such conflict to the Corporate Secretary in writing, who will advise the Council Chair and the NSERC President, and where necessary I will recuse myself from NSERC Council meetings, activities, discussions and decisions about the matter with which I have a conflict.
I understand that documentation provided by NSERC to members may contain personal information and confidential technical information and that such information may be subject to the Access to Information Act, the Privacy Act and the
I understand that documents, communications and information that I provide to anyone in my official capacity as a Council member may be considered records under the control of NSERC and may be subject to the Access to Information Act, the Privacy Act and the
I understand that I must treat such documentation confidentially, and I will ensure that NSERC documents in my possession are stored in a secure manner to prevent unauthorized access.
I understand that when these documents are no longer required I must destroy them in a secure manner by deleting their electronic data files, shredding their paper copies or arranging for their return to NSERC in a secure manner.
I understand that Council deliberations are confidential. Comments made by individual members during meetings must never be discussed or disclosed outside of Council meetings. It is the role of NSERC staff to communicate Council decisions.
I understand that on occasion, as a member, I may be asked by NSERC for advice on a grant application or to be a member of an advisory committee or special committee with respect to the awarding of prizes or grants. I understand that peer review documentation provided to members must be used only for the purpose for which it was originally collected, i.e., assessing NSERC applications and making funding decisions, and that it must not be used for any other purpose or discussed with or disclosed to non-committee members.
I understand that breaches of confidentiality and privacy are a serious matter. I agree to take personal responsibility for complying with these requirements.
I will review and update the information provided pursuant to this Declaration on an annual basis.
I understand that the information provided herein will be retained in the files of the Council’s Corporate Secretariat, with access limited to the Corporate Secretary, the Chair (Vice-President) of the Council, the Executive Vice-President and the President.
| Name | Signature |
|---|---|
| Date |
It is mandatory that you return this form upon appointment to:
Administrative Assistant to the Corporate Secretary
NSERC
125 Zaida Eddy Private, 2nd floor
Ottawa, ON K1R 0E3