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

Act current to 2014-09-29 and last amended on 2012-03-16. Previous Versions

Marginal note:Duty of chief executives
  •  (1) Each chief executive must

    • (a) subject to paragraph (c) and 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;

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

    • (c) if wrongdoing is found as a result of a disclosure made under section 12, promptly provide public access to information that

      • (i) describes the wrongdoing, including information that could identify the person found to have committed it if it is necessary to identify the person to adequately describe the wrongdoing, and

      • (ii) sets out the recommendations, if any, set out in any report made to the chief executive in relation to the wrongdoing and the corrective action, if any, taken by the chief executive in relation to the wrongdoing or the reasons why no corrective action was taken.

  • Marginal note:Exception

    (2) Nothing in paragraph (1)(c) requires a chief executive to provide public access to information the disclosure of which is subject to any restriction created by or under any Act of Parliament.

  • 2005, c. 46, s. 11;
  • 2006, c. 9, s. 199.
Marginal note:Disclosure to supervisor or senior officer

 A public servant may disclose to his or her supervisor or to the senior officer designated for the purpose by the chief executive of the portion of the public sector in which the public servant is employed any information that the public servant believes could show that a wrongdoing has been committed or is about to be committed, or that could show that the public servant has been asked to commit a wrongdoing.

Marginal note:Disclosure to the Commissioner
  •  (1) A public servant may disclose information referred to in section 12 to the Commissioner.

  • Marginal note:Exception

    (2) Nothing in this Act authorizes a public servant to disclose to the Commissioner a confidence of the Queen’s Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies or any information that is subject to solicitor-client privilege. The Commissioner may not use the confidence or information if it is disclosed.

  • 2005, c. 46, s. 13;
  • 2006, c. 9, s. 200.
Marginal note:Disclosure concerning the Office of the Public Sector Integrity Commissioner

 A disclosure that a public servant is entitled to make under section 13 that concerns the Office of the Public Sector Integrity Commissioner may be made to the Auditor General of Canada who has, in relation to that disclosure, the powers, duties and protections of the Commissioner under this Act.