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

Act current to 2014-04-02 and last amended on 2012-03-16. Previous Versions

INVESTIGATIONS

Marginal note:Purpose of investigations
  •  (1) Investigations into disclosures and investigations commenced under section 33 are for the purpose of bringing the existence of wrongdoings to the attention of chief executives and making recommendations concerning corrective measures to be taken by them.

  • Marginal note:Informality

    (2) The investigations are to be conducted as informally and expeditiously as possible.

  • 2005, c. 46, s. 26;
  • 2006, c. 9, s. 204.
Marginal note:Notice to chief executive
  •  (1) When commencing an investigation, the Commissioner must notify the chief executive concerned and inform that chief executive of the substance of the disclosure to which the investigation relates.

  • Marginal note:Notice to others

    (2) The Commissioner, or the person conducting an investigation, may also notify any other person he or she considers appropriate, including every person whose acts or conduct are called into question by the disclosure to which the investigation relates, and inform that person of the substance of the disclosure.

  • Marginal note:Opportunity to answer allegations

    (3) It is not necessary for the Commissioner to hold any hearing and no person is entitled as of right to be heard by the Commissioner, but if at any time during the course of an investigation it appears to the Commissioner that there may be sufficient grounds to make a report or recommendation that may adversely affect any individual or any portion of the public sector, the Commissioner must, before completing the investigation, take every reasonable measure to give to that individual or the chief executive responsible for that portion of the public sector a full and ample opportunity to answer any allegation, and to be assisted or represented by counsel, or by any person, for that purpose.

  • 2005, c. 46, s. 27;
  • 2006, c. 9, s. 205(E).
Marginal note:Access
  •  (1) If the Commissioner so requests for the purposes of an investigation, chief executives and public servants must provide him or her, or the person conducting the investigation, with any facilities, assistance, information and access to their respective offices that the Commissioner may require.

  • Marginal note:Application

    (2) Subsection (1) applies despite any restriction created by or under any other Act of Parliament on the disclosure of information.

  • 2005, c. 46, s. 28;
  • 2006, c. 9, s. 206.
Marginal note:Powers
  •  (1) In conducting an investigation, the Commissioner has all the powers of a commissioner under Part II of the Inquiries Act.

  • Marginal note:Subpoenas, etc., and right to be represented

    (2) Whenever the Commissioner issues a subpoena or other request or summons to a person in the exercise of any powers referred to in subsection (1), he or she must allow that person to be assisted or represented by counsel, or by any person.

  • Marginal note:Notice before entering premises

    (3) Before entering the premises of any portion of the public sector in the exercise of any powers under subsection (1), the Commissioner must notify the chief executive of that portion of the public sector.

  • 2005, c. 46, s. 29;
  • 2006, c. 9, s. 207.