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

Act current to 2016-11-21 and last amended on 2016-01-01. Previous Versions

Public Servants Disclosure Protection Act

S.C. 2005, c. 46

Assented to 2005-11-25

An Act to establish a procedure for the disclosure of wrongdoings in the public sector, including the protection of persons who disclose the wrongdoings

Preamble

Recognizing that

the federal public administration is an important national institution and is part of the essential framework of Canadian parliamentary democracy;

it is in the public interest to maintain and enhance public confidence in the integrity of public servants;

confidence in public institutions can be enhanced by establishing effective procedures for the disclosure of wrongdoings and for protecting public servants who disclose wrongdoings, and by establishing a code of conduct for the public sector;

public servants owe a duty of loyalty to their employer and enjoy the right to freedom of expression as guaranteed by the Canadian Charter of Rights and Freedoms and that this Act strives to achieve an appropriate balance between those two important principles;

the Government of Canada commits to establishing a Charter of Values of Public Service setting out the values that should guide public servants in their work and professional conduct;

2005, c. 46, s. 59(E).

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Public Servants Disclosure Protection Act.

Interpretation

Marginal note:Definitions
  •  (1) The following definitions apply in this Act.

    Agency

    Agency[Repealed, 2010, c. 12, s. 1678]

    chief executive

    administrateur général

    chief executive means the deputy head or chief executive officer of any portion of the public sector, or the person who occupies any other similar position, however called, in the public sector. (administrateur général)

    Commissioner

    commissaire

    Commissioner means the Public Sector Integrity Commissioner appointed under subsection 39(1). (commissaire)

    investigation

    enquête

    investigation means, for the purposes of sections 24, 25, 26 to 31, 33, 34, 36 and 37, an investigation into a disclosure and an investigation commenced under section 33. (enquête)

    member of the Royal Canadian Mounted Police

    membre de la Gendarmerie royale du Canada

    member of the Royal Canadian Mounted Police means a person who is a member or a special constable of the Royal Canadian Mounted Police or who is employed by that force under terms and conditions substantially the same as those of one of its members. (membre de la Gendarmerie royale du Canada)

    Minister

    Minister[Repealed, 2010, c. 12, s. 1678]

    protected disclosure

    divulgation protégée

    protected disclosure means a disclosure that is made in good faith and that is made by a public servant

    • (a) in accordance with this Act;

    • (b) in the course of a parliamentary proceeding;

    • (c) in the course of a procedure established under any other Act of Parliament; or

    • (d) when lawfully required to do so. (divulgation protégée)

    public sector

    secteur public

    public sector means

    • (a) the departments named in Schedule I to the Financial Administration Act and the other portions of the federal public administration named in Schedules I.1 to V to that Act; and

    • (b) the Crown corporations and the other public bodies set out in Schedule 1.

    However, subject to sections 52 and 53, public sector does not include the Canadian Forces, the Canadian Security Intelligence Service or the Communications Security Establishment. (secteur public)

    public servant

    fonctionnaire

    public servant means every person employed in the public sector, every member of the Royal Canadian Mounted Police and every chief executive. (fonctionnaire)

    reprisal

    représailles

    reprisalmeans any of the following measures taken against a public servant because the public servant has made a protected disclosure or has, in good faith, cooperated in an investigation into a disclosure or an investigation commenced under section 33:

    • (a) a disciplinary measure;

    • (b) the demotion of the public servant;

    • (c) the termination of employment of the public servant, including, in the case of a member of the Royal Canadian Mounted Police, a discharge or dismissal;

    • (d) any measure that adversely affects the employment or working conditions of the public servant; and

    • (e) a threat to take any of the measures referred to in any of paragraphs (a) to (d). (représailles)

    senior officer

    agent supérieur

    senior officer means a senior officer designated under subsection 10(2). (agent supérieur)

    Tribunal

    Tribunal

    Tribunal means the Public Servants Disclosure Protection Tribunal established under subsection 20.7(1). (Tribunal)

    wrongdoing

    acte répréhensible

    wrongdoing means a wrongdoing referred to in section 8. (acte répréhensible)

  • Marginal note:Taking a reprisal

    (2) Every reference in this Act to a person who has taken a reprisal includes a person who has directed the reprisal to be taken.

  • 2005, c. 46, ss. 2, 59;
  • 2006, c. 9, s. 194;
  • 2010, c. 12, s. 1678.

 [Repealed before coming into force, 2006, c. 9, s. 195]

Amending the Schedules

Marginal note:Amending the schedules

 The Governor in Council may, by order, amend

  • (a) Schedule 1 by adding 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.

  • 2005, c. 46, s. 3;
  • 2006, c. 9, s. 196.

Promoting Ethical Practices

Marginal note:Promotion of ethical practices and dissemination of information

 The President of the Treasury Board 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.

  • 2005, c. 46, s. 4;
  • 2010, c. 12, s. 1682.

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 President of the Treasury Board must consult with the employee organizations certified as bargaining agents in the public sector.

  • Marginal note:Code to be tabled

    (4) The President of the Treasury Board 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.

  • 2005, c. 46, s. 5;
  • 2010, c. 12, s. 1682.
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.

 
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