16.9.1 There is no prohibition against contracting with full or part-time public servants. However, any contracts with employees should reflect the provisions of Paragraph 6(b) of the Conflict of Interest and Post-Employment Code for the Public Service which states, "employees have an obligation to act in a manner that will bear the closest public scrutiny, an obligation that is not fully discharged by simply acting within the law".
16.9.2 There are rare occasions where it is cost efficient and effective to enter into a contract with an employee of the Government of Canada to provide some unique service outside the scope of the employee's usual duties. Contracts for services should not be used to acquire overtime services that would normally be an extension of the employee's regular duties. A contract with a public servant is subject to the same conditions that govern all contracts. The competitive approach should be followed and if a contract is awarded to a public servant it should not give rise to any suggestion of favouritism or special privilege to the contractor.
16.9.3 Before any public servant accepts a contract from the Crown, Section 121(1)(c) of the Criminal Code requires that the "consent in writing of the head of the branch... be obtained by the employee". Contracting authorities should make prospective employee/contractors aware of this requirement of the law.