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

Marginal note:Report — disclosures under section 12
  •  (1) Within 60 days after the end of each financial year, each chief executive must prepare and submit to the Chief Human Resources Officer appointed under subsection 6(2.1) of the Financial Administration Act a report for that financial year on the activities, in the portion of the public sector for which the chief executive is responsible, respecting disclosures made under section 12.

  • Marginal note:Report to President of the Treasury Board — disclosures under section 12

    (2) Within six months after the end of each financial year, the Chief Human Resources Officer must prepare and submit to the President of the Treasury Board a report for that financial year that provides an overview of the activities, throughout the public sector, respecting disclosures made under section 12.

  • Marginal note:Content

    (3) The report under subsection (2) must set out

    • (a) the number of general inquiries relating to this Act;

    • (b) the number of disclosures received, the number of those that were acted on and the number of those that were not acted on;

    • (c) the number of investigations commenced as a result of disclosures made under section 12;

    • (d) whether there are any systemic problems that give rise to wrongdoings; and

    • (e) any other matter that the Chief Human Resources Officer considers necessary.

  • Marginal note:Report to Parliament

    (4) The President of the Treasury Board must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the President of the Treasury Board receives the report.

  • 2006, c. 9, s. 211;
  • 2010, c. 12, ss. 1680, 1682;
  • 2011, c. 24, s. 178.

Office of the Public Sector Integrity Commissioner

Public Sector Integrity Commissioner

Marginal note:Appointment
  •  (1) The Governor in Council shall, by commission under the Great Seal, appoint a Public Sector Integrity Commissioner after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

  • Marginal note:Tenure

    (2) Subject to this section, the Commissioner holds office during good behaviour for a term of seven years, but may be removed for cause by the Governor in Council at any time on address of the Senate and House of Commons.

  • Marginal note:Re-appointment

    (3) The Commissioner is eligible to be re-appointed for a further term of not more than seven years.

  • Marginal note:Interim appointment

    (4) In the event of the absence or incapacity of the Commissioner, or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council.

  • 2005, c. 46, s. 39;
  • 2006, c. 9, s. 119.
Marginal note:Rank and powers
  •  (1) The Commissioner has the rank, and all the powers, of a deputy head of a department.

  • Marginal note:Restriction on other employment or activities

    (2) The Commissioner shall not hold any other office or employment in the public sector or carry on any activity that is inconsistent with his or her powers and duties.

Marginal note:Remuneration
  •  (1) The Commissioner is to be paid the remuneration determined by the Governor in Council.

  • Marginal note:Expenses

    (2) The Commissioner is entitled to be paid reasonable travel and other expenses incurred in the course of his or her duties while absent from his or her ordinary place of work if he or she has been appointed to serve on a full-time basis or his or her ordinary place of residence if he or she has been appointed to serve on a part-time basis.

  • Marginal note:Application of Public Service Superannuation Act

    (3) The Commissioner is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

  • Marginal note:Application of other Acts

    (4) The Commissioner is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and regulations made under section 9 of the Aeronautics Act.

Staff

Marginal note:Staff
  •  (1) The Deputy Commissioner and the officers and employees that are necessary to enable the Commissioner to perform his or her duties and functions are to be appointed in accordance with the Public Service Employment Act.

  • Marginal note:Duties and powers of Deputy Commissioner

    (1.1) The Deputy Commissioner exercises any of the powers and performs any of the duties and functions that the Commissioner may assign.

  • Marginal note:Scope of assigned duties and functions

    (1.2) The assignment of powers, duties and functions by the Commissioner to the Deputy Commissioner may include the delegation to the Deputy Commissioner of any of the Commissioner’s powers, duties and functions, including those referred to in paragraphs 25(1)(a) to (k) and the powers in sections 36 and 37, but it may not include the delegation of the Commissioner’s power or any of his or her duties in section 38.

  • Marginal note:Technical assistance

    (2) The Commissioner may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the Commissioner’s work to advise and assist the Commissioner in the performance of his or her duties and functions and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons.

  • 2005, c. 46, s. 39.3;
  • 2006, c. 9, s. 212.

Prohibitions

General Prohibitions

Marginal note:False statements

 No person shall, in a disclosure of a wrongdoing or in the course of any investigation under this Act, knowingly make a false or misleading statement, either orally or in writing, to a supervisor, a senior officer, the Commissioner or a person acting on behalf of or under the direction of any of them.

  • 2005, c. 46, s. 40;
  • 2006, c. 9, s. 214(E).
Marginal note:Obstruction

 No person shall wilfully obstruct a senior officer or the Commissioner, or any person acting on behalf of or under the direction of a senior officer or the Commissioner, in the performance of the senior officer’s, or the Commissioner’s, as the case may be, duties under this Act.

Marginal note:Destroying documents and things, etc.

 No person knowing that a document or thing is likely to be relevant to an investigation under this Act shall

  • (a) destroy, mutilate or alter the document or thing;

  • (b) falsify the document or make a false document;

  • (c) conceal the document or thing; or

  • (d) direct, counsel or cause, in any manner, any person to do anything mentioned in any of paragraphs (a) to (c), or propose, in any manner, to any person that they do anything mentioned in any of those paragraphs.

Employers

Marginal note:Prohibition — employer
  •  (1) No employer shall take any of the following measures against an employee by reason only that the employee has, in good faith and on the basis of reasonable belief, provided information concerning an alleged wrongdoing in the public sector to the Commissioner or, if the alleged wrongdoing relates to the Office of the Public Sector Integrity Commissioner, to the Auditor General of Canada — or by reason only that the employer believes that the employee will do so:

    • (a) take a disciplinary measure against the employee;

    • (b) demote the employee;

    • (c) terminate the employment of the employee;

    • (d) take any measure that adversely affects the employment or working conditions of the employee; or

    • (e) threaten to take any measure referred to in paragraphs (a) to (d).

  • Marginal note:Saving

    (2) Nothing in subsection (1) impairs any right of an employee either at law or under an employment contract or collective agreement.

  • Meaning of employer

    (3) For the purpose of subsection (1), employer does not include an employer in the public sector.

  • 2006, c. 9, s. 215.
 
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