Public Servants Disclosure Protection Act (S.C. 2005, c. 46)
Full Document:
Assented to 2005-11-25
Marginal note:Rank and powers
39.1 (1) The Commissioner has the rank, and all the powers, of a deputy head of a department.
Marginal note:Restriction on other employment or activities
(2) The Commissioner shall not hold any other office or employment in the public sector or carry on any activity that is inconsistent with his or her powers and duties.
Marginal note:Remuneration
39.2 (1) The Commissioner is to be paid the remuneration determined by the Governor in Council.
Marginal note:Expenses
(2) The Commissioner is entitled to be paid reasonable travel and other expenses incurred in the course of his or her duties while absent from his or her ordinary place of work if he or she has been appointed to serve on a full-time basis or his or her ordinary place of residence if he or she has been appointed to serve on a part-time basis.
Marginal note:Application of Public Service Superannuation Act
(3) The Commissioner is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.
Marginal note:Application of other Acts
(4) The Commissioner is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and regulations made under section 9 of the Aeronautics Act.
Staff
Marginal note:Staff
39.3 (1) The officers and employees that are necessary to enable the Commissioner to perform his or her duties and functions are to be appointed in accordance with the Public Service Employment Act.
Marginal note:Technical assistance
(2) The Commissioner may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the Commissioner’s work to advise and assist the Commissioner in the performance of his or her duties and functions and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons.
PROHIBITIONS
Marginal note:False statements
40. No person shall, in a disclosure of a wrongdoing or in the course of any investigation under this Act of a wrongdoing, knowingly make a false or misleading statement, either orally or in writing, to a supervisor, a senior officer, the Commissioner or a person acting on behalf of or under the direction of any of them.
Marginal note:Obstruction
41. No person shall wilfully obstruct a senior officer or the Commissioner, or any person acting on behalf of or under the direction of a senior officer or the Commissioner, in the performance of the senior officer’s, or the Commissioner’s, as the case may be, duties under this Act.
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