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:Restriction re portions named in Schedule 2

 Despite sections 12 to 14, a public servant employed in a portion of the public sector that has a statutory mandate to investigate other portions of the public sector and that is named in Schedule 2 may disclose information under any of those sections only if the wrongdoing to which the information relates involves the portion of the public sector in which he or she is employed.

Marginal note:Application of ss. 12 to 14

 Sections 12 to 14 apply despite

  • (a) section 5 of the Personal Information Protection and Electronic Documents Act, to the extent that that section relates to obligations set out in Schedule 1 to that Act relating to the disclosure of information; and

  • (b) any restriction created by or under any other Act of Parliament on the disclosure of information, other than a restriction created by or under any provision set out in Schedule 3.

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.