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

Assented to 2005-11-25

Marginal note:Requirements when making a disclosure

 In making a disclosure under this Act, a public servant must

  • (a) provide no more information than is reasonably necessary to make the disclosure; and

  • (b) follow established procedures or practices for the secure handling, storage, transportation and transmission of information or documents, including, but not limited to, information or documents that the Government of Canada or any portion of the public sector is taking measures to protect.

Marginal note:Disclosure to public
  •  (1) A disclosure that a public servant may make under sections 12 to 14 may be made to the public if there is not sufficient time to make the disclosure under those sections and the public servant believes on reasonable grounds that the subject-matter of the disclosure is an act or omission that

    • (a) constitutes a serious offence under an Act of Parliament or of the legislature of a province; or

    • (b) constitutes an imminent risk of a substantial and specific danger to the life, health and safety of persons, or to the environment.

  • Marginal note:Limitation

    (1.1) Subsection (1) does not apply in respect of information the disclosure of which is subject to any restriction created by or under any Act of Parliament, including the Personal Information Protection and Electronic Documents Act.

  • Marginal note:Rights not affected

    (2) Nothing in subsection (1) affects the rights of a public servant to make to the public in accordance with the law a disclosure that is not protected under this Act.

Marginal note:Exception — special operational information

 Section 12, subsection 13(1) and sections 14 and 16 do not apply in respect of any information that is special operational information within the meaning of subsection 8(1) of the Security of Information Act.

Marginal note:Saving — journalists with Canadian Broadcasting Corporation

 Nothing in this Act relating to the making of disclosures is to be construed as applying to the dissemination of news and information by a person employed by the Canadian Broadcasting Corporation for that purpose.

Marginal note:Other obligations to report

 Nothing in this Act relating to the making of disclosures is to be construed as affecting any obligation of a public servant to disclose, report or otherwise give notice of any matter under any other Act of Parliament.

PROTECTION OF PERSONS MAKING DISCLOSURES

Marginal note:Prohibition against reprisal

 No person shall take any reprisal against a public servant.

Definition of “Board”

  •  (1) In this section and section 21, “Board” means,

    • (a) in relation to a public servant who is employed in the Public Service Labour Relations Board or a person whose complaint relates to a reprisal taken while he or she was so employed, the Canada Industrial Relations Board;

    • (b) in relation to any other public servant who is employed in any portion of the public sector referred to in Schedule I to the Public Service Staff Relations Act or a person whose complaint relates to a reprisal taken while he or she was so employed, the Public Service Staff Relations Board; and

    • (c) in relation to any other public servant, the Canada Industrial Relations Board.

  • Marginal note:Complaint to Board

    (2) Subject to subsection (2.1), a public servant, or former public servant, or a person designated by a public servant or former public servant for the purpose, who alleges that a person has taken a reprisal against the public servant may make a complaint in writing to the Board in respect of the reprisal.

  • Marginal note:Exception — RCMP

    (2.1) A member of the Royal Canadian Mounted Police may not make a complaint under subsection (2) in relation to any matter that is the subject of an investigation or proceeding under Part IV or V of the Royal Canadian Mounted Police Act unless

    • (a) the member has exhausted every procedure available under that Act for dealing with the matter; and

    • (b) the member has been granted leave by the Board to make the complaint.

  • Marginal note:Conditions for granting leave

    (2.2) The Board may grant the leave only if

    • (a) the application for leave is made within 60 days after the procedures referred to in paragraph (2.1)(a) have been exhausted; and

    • (b) the Board is of the opinion that the issue of reprisal was not adequately dealt with by those procedures.

  • Marginal note:Restriction

    (2.3) The Board ceases to have jurisdiction if an application for judicial review of any decision relating to the procedures referred to in paragraph (2.1)(a) is made by the member.

  • Marginal note:Time for making complaint

    (3) Subject to subsection (3.1), the complaint must be made to the Board not later than

    • (a) 60 days after the date on which the complainant knew, or in the Board’s opinion ought to have known, that the reprisal was taken;

    • (b) if the complainant has made a disclosure to the Commissioner in respect of the reprisal during the 60-day period referred to in paragraph (a) and the Commissioner has decided to deal with the disclosure, 60 days after the Commissioner reports his or her findings to the complainant and the appropriate chief executive; or

    • (c) if the complainant is a member of the Royal Canadian Mounted Police and the complaint is in relation to a matter referred to in subsection (2.1), 60 days after the member was granted leave.

  • Marginal note:Time extended

    (3.1) The complaint may be made after the periods referred to in subsection (3) if the Board feels it is appropriate considering the circumstances of the complaint.

  • Marginal note:Exclusion of arbitration

    (4) Despite any law or agreement to the contrary, a complaint made under this section may not be referred by a public servant to arbitration or adjudication.

  • Marginal note:Duty and power of Board

    (5) On receipt of a complaint, the Board may assist the parties to the complaint to settle the complaint. The Board must hear and determine the complaint if it decides not to so assist the parties or the complaint is not settled within a period considered by the Board to be reasonable in the circumstances.

  • Marginal note:Board orders

    (6) If the Board determines that the com­plain­ant has been subject to a reprisal taken in contravention of section 19, the Board may, by order, require the employer or the appropriate chief executive, or any person acting on behalf of the employer or appropriate chief executive, to take all necessary measures to

    • (a) permit the complainant to return to his or her duties;

    • (b) reinstate the complainant or pay damages to the complainant in lieu of reinstatement if, in the Board’s opinion, the relationship of trust between the parties cannot be restored;

    • (c) pay to the complainant compensation in an amount not greater than the amount that, in the Board’s opinion, is equivalent to the remuneration that would, but for the reprisal, have been paid to the complainant;

    • (d) rescind any measure or action, including any disciplinary action, and pay compensation to the complainant in an amount not greater than the amount that, in the Board’s opinion, is equivalent to any financial or other penalty imposed on the complainant; and

    • (e) pay to the complainant an amount equal to any expenses and any other financial losses incurred by the complainant as a direct result of the reprisal.

  • Marginal note:Royal Canadian Mounted Police Act

    (6.1) The Board may make an order in relation to a member of the Royal Canadian Mounted Police despite subsections 42(4) and (6), 45.16(7) and 45.26(6) of the Royal Canadian Mounted Police Act.

  • Marginal note:Standing

    (7) The Commissioner has standing in any proceedings under this section for the purpose of making submissions.