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

Marginal note:Definitions

• 2 (1) The following definitions apply in this Act.

  Agency

  Agency[Repealed, 2010, c. 12, s. 1678]

  chief executive

  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

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

  investigation

  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

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  Minister[Repealed, 2010, c. 12, s. 1678]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

  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

  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

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

  reprisal

  reprisal means 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

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

  Tribunal

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

  wrongdoing

  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.