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

Assented to 2005-11-25

Marginal note:Authority to act for Commission- er of the Royal Canadian Mounted Police

 The Commissioner of the Royal Canadian Mounted Police may authorize a Deputy or Assistant Commissioner of the Royal Canadian Mounted Police to exercise the powers or perform the duties and functions of the Commissioner of the Royal Canadian Mounted Police as a chief executive in respect of any of paragraphs 22(g) and (h), subsections 26(1), 27(1) and (3), 28(1) and 29(3) and sections 36 and 50.

AMENDING THE SCHEDULES

Marginal note:Amending the schedules

 The Governor in Council may, by order, amend

  • (a) Schedule 1 by adding or deleting the name of any Crown corporation or other public body;

  • (b) Schedule 2 by adding or deleting the name of any portion of the public sector that has a statutory mandate to investigate other portions of the public sector; and

  • (c) Schedule 3 by adding or deleting any provision of any Act of Parliament.

PROMOTING ETHICAL PRACTICES

Marginal note:Promotion of ethical practices and dissemination of information

 The Minister must promote ethical practices in the public sector and a positive environment for disclosing wrongdoings by disseminating knowledge of this Act and information about its purposes and processes and by any other means that he or she considers appropriate.

CODE OF CONDUCT

Marginal note:Obligation to establish — Treasury Board
  •  (1) The Treasury Board must establish a code of conduct applicable to the public sector.

  • Marginal note:Other provisions do not apply

    (2) The Treasury Board’s obligation under subsection (1) applies despite the provisions of the Financial Administration Act and of any other Act of Parliament that otherwise restrict the powers of the Treasury Board.

  • Marginal note:Consultation with organizations

    (3) Before the code of conduct is established, the Minister must consult with the employee organizations certified as bargaining agents in the public sector.

  • Marginal note:Code to be tabled

    (4) The Minister must cause the code of conduct established by the Treasury Board to be tabled before each House of Parliament at least 30 days before it comes into force.

Marginal note:Chief executives shall establish codes of conduct
  •  (1) Every chief executive shall establish a code of conduct applicable to the portion of the public sector for which he or she is responsible.

  • Marginal note:Consistency

    (2) The codes of conduct established by chief executives must be consistent with the code of conduct established by the Treasury Board.

Marginal note:Application
  •  (1) The codes of conduct applicable to a portion of the public sector apply to every public servant employed in that portion of the public sector.

  • Marginal note:Conflict — RCMP

    (2) In the event of a conflict between the code of conduct established under subsection 5(1) or 6(1) and the code of conduct established under section 38 of the Royal Canadian Mounted Police Act, the code of conduct established under that section prevails to the extent of the conflict.