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

Assented to 2005-11-25

WRONGDOINGS

Marginal note:Wrongdoings

 This Act applies in respect of the following wrongdoings in or relating to the public sector:

  • (a) a contravention of any Act of Parliament or of the legislature of a province, or of any regulations made under any such Act;

  • (b) a misuse of public funds or a public asset;

  • (c) a gross mismanagement in the public sector;

  • (d) an act or omission that creates a substantial and specific danger to the life, health or safety of persons, or to the environment, other than a danger that is inherent in the performance of the duties or functions of a public servant;

  • (e) a serious breach of a code of conduct established under section 5 or 6;

  • (f) the taking of a reprisal against a public servant; and

  • (g) knowingly directing or counselling a person to commit a wrongdoing set out in any of paragraphs (a) to (f).

Marginal note:Disciplinary action

 In addition to, and apart from, any penalty provided for by law, a public servant is subject to appropriate disciplinary action, including termination of employment, if he or she commits a wrongdoing.

DISCLOSURE OF WRONGDOINGS

Marginal note:Establishment of internal disclosure procedures
  •  (1) Each chief executive must establish internal procedures to manage disclosures made under this Act by public servants employed in the portion of the public sector for which the chief executive is responsible.

  • Marginal note:Designation of senior officer

    (2) Each chief executive must designate a senior officer to be responsible for receiving and dealing with, in accordance with the duties and powers of senior officers set out in the code of conduct established by the Treasury Board, disclosures of wrongdoings made by public servants employed in the portion of the public sector for which the chief executive is responsible.

  • Marginal note:Senior officer from other portion of public sector

    (3) A chief executive may designate as a senior officer for the portion of the public sector for which the chief executive is responsible a person who is employed in any other portion of the public sector.

  • Marginal note:Exception

    (4) Subsections (1) and (2) do not apply to a chief executive if he or she declares, after giving notice to the Public Service Human Resources Management Agency of Canada, that it is not practical to apply those subsections given the size of that portion of the public sector.

Marginal note:Protection of identity

 Each chief executive must

  • (a) subject to any other Act of Parliament and to the principles of procedural fairness and natural justice, protect the identity of persons involved in the disclosure process, including that of persons making disclosures, witnesses and persons alleged to be responsible for wrongdoings; and

  • (b) establish procedures to ensure the confidentiality of information collected in relation to disclosures of wrongdoings.