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

Assented to 2005-11-25

Marginal note:Transfer of appropriations

54.2 To the extent that the charges and expenses are in relation to the Office of the Public Service Integrity Officer, any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the federal public administration within the portion of the federal public administration known as the Public Service Human Resources Management Agency of Canada, and that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Office of the Public Sector Integrity Commissioner.

Marginal note:Continuation

54.3 Disclosures under the Treasury Board Policy on the Internal Disclosure of Information Concerning Wrongdoing in the Workplace that are being dealt with on the coming into force of this section are to be continued as though they had been made under this Act.

CONSEQUENTIAL AMENDMENTS

Marginal note:R.S., c. A-1

Access to Information Act

55. Section 16 of the Access to Information Act is amended by adding the following after subsection (1):

  • Marginal note:Public Servants Disclosure Protection Act

    (1.1) If the record came into existence less than five years before the request, the head of a government institution may refuse to disclose any record requested under this Act that contains information

    • (a) prepared in relation to or as a result of a disclosure or an investigation under the Public Servants Disclosure Protection Act; or

    • (b) obtained by a supervisor or a senior officer designated under subsection 10(2) of that Act, or by the Public Sector Integrity Commissioner, in relation to or as a result of a disclosure or an investigation under that Act, if the information identifies, or could reasonably be expected to lead to the identification of, a public servant who made a disclosure under that Act or who cooperated in an investigation under that Act.

Marginal note:R.S., c. C-5

Canada Evidence Act

56. The schedule to the Canada Evidence Act is amended by adding the following after item 19:

Marginal note:2000, c. 5

Personal Information Protection and Electronic Documents Act

57. Subsection 9(3) of the Personal Information Protection and Electronic Documents Act is amended by striking out the word “or” at the end of paragraph (c.1), by adding the word “or” at the end of paragraph (d) and by adding the following after paragraph (d):

  • (e) the information came into existence less than five years before it is requested and the information was

  • (i) prepared in relation to or as a result of a disclosure or an investigation under the Public Servants Disclosure Protection Act; or

  • (ii) collected or used by a supervisor or a senior officer designated under subsection 10(2) of that Act, or by the Public Sector Integrity Commissioner, in relation to or as a result of a disclosure or an investigation under that Act, if the information identifies, or could reasonably be expected to lead to the identification of, a public servant who made a disclosure under that Act or who cooperated in an investigation under that Act.