Public Servants Disclosure Protection Act (S.C. 2005, c. 46)

Assented to 2005-11-25

Marginal note:Report to appropriate Minister or governing council

 If the Commissioner considers it necessary, he or she may report a matter to the Minister responsible for the portion of the public sector concerned or, if the matter relates to a Crown corporation, to its board or governing council, including, but not limited to, when the Commissioner is of the opinion that

  • (a) action has not been taken within a reasonable time in respect of one of his or her recommendations; and

  • (b) a situation that has come to his or her attention in the course of carrying out his or her duties exists that constitutes an imminent risk of a substantial and specific danger to the life, health or safety of persons, or to the environment.

Marginal note:Preparation of report
  •  (1) Within three months after the end of each financial year, the Commissioner must prepare and submit to Parliament an annual report in respect of the activities of the Commissioner during that financial year.

  • Marginal note:Content

    (2) The annual report must set out

    • (a) the number of general inquiries relating to this Act;

    • (b) the number of disclosures received and the number of those that were acted on and those that were not acted on;

    • (c) the number of investigations commenced under this Act;

    • (d) the number of recommendations that the Commissioner has made and their status;

    • (e) whether there are any systemic problems that give rise to wrongdoings;

    • (f) any recommendations for improvement that the Commissioner considers appropriate; and

    • (g) any other matter that the Commissioner considers necessary.

  • Marginal note:Special reports

    (3) The Commissioner may, at any time, make a special report to Parliament referring to and commenting on any matter within the scope of his or her powers and duties under this Act if, in his or her opinion, the matter is of such urgency or importance that a report on it should not be deferred until the time provided for transmission of the annual report.

  • Marginal note:Transmission of reports

    (4) Every report to Parliament made by the Commissioner shall be made by being transmitted to the Speaker of the Senate, and to the Speaker of the House of Commons, for tabling in those Houses.

  • Marginal note:Reference to committee

    (5) After it is transmitted for tabling, every report of the Commissioner stands referred to the committee of the Senate, the House of Commons or both Houses of Parliament that may be designated or established for the purpose of reviewing the Commissioner’s reports.

OFFICE OF THE PUBLIC SECTOR INTEGRITY COMMISSIONER

Public Sector Integrity Commissioner

Marginal note:Appointment
  •  (1) The Governor in Council shall, by commission under the Great Seal, appoint a Public Sector Integrity Commissioner after approval of the appointment by resolution of the Senate and House of Commons.

  • Marginal note:Tenure of office and removal

    (2) Subject to this section, the Commissioner holds office during good behaviour for a term of seven years, but may be removed by the Governor in Council at any time on address of the Senate and House of Commons.

  • Marginal note:Re-appointment

    (3) The Commissioner is eligible to be re-appointed for a further term of not more than seven years.

  • Marginal note:Absence or incapacity

    (4) In the event of the absence or incapacity of the Commissioner, or if the office of Commissioner is vacant, the Governor in Council may appoint another qualified person to hold office instead of the Commissioner for a term of not more than six months, and that person shall, while holding that office, have all of the powers, duties and functions of the Commissioner under this or any other Act of Parliament and be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council.