Public Servants Disclosure Protection Act (S.C. 2005, c. 46)
Full Document:
Assented to 2005-11-25
Public Servants Disclosure Protection Act
S.C. 2005, c. 46
Assented to 2005-11-25
An Act to establish a procedure for the disclosure of wrongdoings in the public sector, including the protection of persons who disclose the wrongdoings
SUMMARY
This enactment establishes a procedure for the disclosure of wrongdoings in the public sector and provides for the protection of persons who disclose the wrongdoings.
Preamble
Recognizing that
the public service of Canada is an important national institution and is part of the essential framework of Canadian parliamentary democracy;
it is in the public interest to maintain and enhance public confidence in the integrity of public servants;
confidence in public institutions can be enhanced by establishing effective procedures for the disclosure of wrongdoings and for protecting public servants who disclose wrongdoings, and by establishing a code of conduct for the public sector;
public servants owe a duty of loyalty to their employer and enjoy the right to freedom of expression as guaranteed by the Canadian Charter of Rights and Freedoms and that this Act strives to achieve an appropriate balance between those two important principles;
the Government of Canada commits to establishing a Charter of Values of Public Service setting out the values that should guide public servants in their work and professional conduct;
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Public Servants Disclosure Protection Act.
INTERPRETATION
Marginal note:Definitions
2. The following definitions apply in this Act.
“chief executive”
« administrateur général »
“chief executive” means the deputy head or chief executive officer of any portion of the public sector, or the person who occupies any other similar position, however called, in the public sector.
“Commissioner”
« commissaire »
“Commissioner” means the Public Sector Integrity Commissioner appointed under subsection 39(1).
“member of the Royal Canadian Mounted Police”« membre de la Gendarmerie royale du Canada »
“member of the Royal Canadian Mounted Police”membre de la Gendarmerie royale du Canadamembre de la Gendarmerie royale du Canadamembre de la Gendarmerie royale du Canadamembre de la Gendarmerie royale du Canada means a person who is a member or a special constable of the Royal Canadian Mounted Police or who is employed by that force under terms and conditions substantially the same as those of one of its members.
“Minister”
« ministre »
“Minister” means, in respect of sections 4, 5 and 54, the Minister responsible for the Public Service Human Resources Management Agency of Canada.
“protected disclosure”
« divulgation protégée »
“protected disclosure” means a disclosure that is made in good faith and that is made by a public servant
(a) in accordance with this Act;
(b) in the course of a parliamentary proceeding;
(c) in the course of a procedure established under any other Act of Parliament; or
(d) when lawfully required to do so.
“public sector”
« secteur public »
“public sector” means
(a) the departments and other portions of the public service of Canada named in Schedule I to the Public Service Staff Relations Act;
(b) the bodies named in Schedules I.1, II and III to the Financial Administration Act; and
(c) the Crown corporations and the other public bodies named in Schedule 1.
However, subject to sections 52 and 53, “public sector” does not include the Canadian Forces, the Canadian Security Intelligence Service or the Communications Security Establishment.
“public servant”
« fonctionnaire »
“public servant” means every person employed in the public sector, every member of the Royal Canadian Mounted Police and every chief executive.
“reprisal”
« représailles »
“reprisal” means any of the following measures taken against a public servant because the public servant has made a protected disclosure or has, in good faith, cooperated in an investigation carried out under this Act:
(a) a disciplinary measure;
(b) the demotion of the public servant;
(c) the termination of employment of the public servant, including, in the case of a member of the Royal Canadian Mounted Police, a discharge or dismissal;
(d) any measure that adversely affects the employment or working conditions of the public servant; and
(e) a threat to take any of the measures referred to in any of paragraphs (a) to (d).
“senior officer”
« agent supérieur »
“senior officer” means a senior officer designated under subsection 10(2).
“wrongdoing”
« acte répréhensible »
“wrongdoing” means a wrongdoing referred to in section 8.
- Date modified:
