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

Act current to 2019-06-20 and last amended on 2018-03-06. Previous Versions

Complaints Relating to Reprisals (continued)

Complaints (continued)

Marginal note:Complaint in respect of past disclosures

  •  (1) A public servant who alleges that a reprisal was taken against him or her by reason that he or she, in good faith, disclosed, after February 10, 2004 and before the day on which section 19.1 comes into force, a wrongdoing in the course of a parliamentary proceeding or an inquiry under Part I of the Inquiries Act may file a complaint under that section in respect of the reprisal.

  • Marginal note:Time limit

    (2) The public servant may file the complaint within 60 days after the later of

    • (a) the day on which section 19.1 comes into force, and

    • (b) the day on which he or she knew or, in the opinion of the Commissioner, ought to have known that the reprisal was taken.

  • 2006, c. 9, s. 201

Marginal note:Refusal to deal with complaint

  •  (1) The Commissioner may refuse to deal with a complaint if he or she is of the opinion that

    • (a) the subject-matter of the complaint has been adequately dealt with, or could more appropriately be dealt with, according to a procedure provided for under an Act of Parliament, other than this Act, or a collective agreement;

    • (b) if the complainant is a member or former member of the Royal Canadian Mounted Police, the subject-matter of the complaint has been adequately dealt with by the procedures referred to in subsection 19.1(5);

    • (c) the complaint is beyond the jurisdiction of the Commissioner; or

    • (d) the complaint was not made in good faith.

  • Marginal note:Restriction

    (2) The Commissioner may not deal with a complaint if a person or body acting under another Act of Parliament or a collective agreement is dealing with the subject-matter of the complaint other than as a law enforcement authority.

  • Marginal note:Royal Canadian Mounted Police Act

    (3) For the purpose of subsection (2), a person or body dealing with a matter in the course of an investigation or proceeding under the Royal Canadian Mounted Police Act is deemed not to be dealing with the matter as a law enforcement authority.

  • Marginal note:No jurisdiction

    (4) The Commissioner ceases to have jurisdiction to deal with a complaint filed by a member or former member of the Royal Canadian Mounted Police if an application for judicial review of any decision relating to the procedures referred to in subsection 19.1(5) is made by the member.

  • 2006, c. 9, s. 201

Marginal note:Time limit

  •  (1) The Commissioner must decide whether or not to deal with a complaint within 15 days after it is filed.

  • Marginal note:Notice — decision to deal with complaint

    (2) If the Commissioner decides to deal with a complaint, he or she must send a written notice of his or her decision to the complainant and to the person or entity that has the authority to take disciplinary action against each person who participated in the taking of a measure alleged by the complainant to constitute a reprisal.

  • Marginal note:Reasons — decision not to deal with complaint

    (3) If the Commissioner decides not to deal with a complaint, he or she must send a written notice of his or her decision to the complainant and set out the reasons for the decision.

  • Marginal note:Effect of not dealing with complaint

    (4) If the Commissioner decides not to deal with a complaint and sends the complainant a written notice setting out the reasons for that decision,

    • (a) subsection 19.1(4) ceases to apply; and

    • (b) the period of time that begins on the day on which the complaint was filed and ends on the day on which the notice is sent is not to be included in the calculation of any time the complainant has to avail himself or herself of any procedure under any other Act of Parliament or collective agreement in respect of the measure alleged to constitute the reprisal.

  • Marginal note:Exception

    (5) Subsection (4) does not apply if the Commissioner has decided not to deal with the complaint for the reason that it was not made in good faith.

  • 2006, c. 9, s. 201

Disciplinary Action

Marginal note:Restriction on disciplinary action

  •  (1) If the Commissioner decides to deal with a complaint and sends a written notice under subsection 19.4(2) and no disciplinary action has yet been taken against a person by reason of that person’s participation in the taking of a measure alleged by the complainant to constitute a reprisal, no disciplinary action may be taken during the period referred to in subsection (3) in relation to the person’s participation in the taking of the measure.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of disciplinary action taken as a result of a settlement approved by the Commissioner or an order of the Tribunal.

  • Marginal note:Period during which no disciplinary action may be taken

    (3) For the purposes of subsection (1), the period during which no disciplinary action may be taken is the period that begins on the day on which the Commissioner sends the notice referred to in subsection 19.4(2) and ends on the earliest of

    • (a) the day on which the complaint is withdrawn or dismissed,

    • (b) the day on which the Commissioner makes an application to the Tribunal for an order referred to in paragraph 20.4(1)(a) in respect of the complaint, and

    • (c) in the case where the Commissioner makes an application to the Tribunal for the orders referred to in paragraph 20.4(1)(b) in respect of the complaint, the day on which the Tribunal makes a determination that the complainant was not subject to a reprisal taken by the person.

  • Marginal note:Period not to be included

    (4) If a time limit is provided for under any Act of Parliament or collective agreement for the taking of disciplinary action, the period during which disciplinary action may not be taken against the person by reason of subsection (1) is not to be included in the calculation of the prescribed time limit.

  • Marginal note:Application

    (5) This section applies despite Part IV of the Royal Canadian Mounted Police Act.

  • 2006, c. 9, s. 201

Marginal note:Suspension of disciplinary action

  •  (1) If the Commissioner decides to deal with a complaint and sends a written notice under subsection 19.4(2) and disciplinary action has already been taken against a person by reason of the person’s participation in the taking of a measure alleged by the complainant to constitute a reprisal

    • (a) the implementation of the disciplinary action — and the commencement or continuation of any procedure in relation to the disciplinary action by the person under any other Act of Parliament or collective agreement — is suspended for the period referred to in subsection (3); and

    • (b) the appropriate chief executive must take the measures necessary to put the person in the situation the person was in before the disciplinary action was implemented.

  • Marginal note:Exception

    (2) If the disciplinary action already taken against a person by reason of the person’s participation in the taking of a measure alleged by the complainant to constitute a reprisal has been the subject of a decision of a court, tribunal or arbitrator dealing with it on the merits, other than a decision made under the Royal Canadian Mounted Police Act,

    • (a) subsection (1) does not apply; and

    • (b) neither the Commissioner nor the Tribunal may deal with the issue of disciplinary action against that person.

  • Marginal note:Period of suspension

    (3) For the purposes of paragraph (1)(a), the suspension begins on the day on which the Commissioner sends the notice referred to in subsection 19.4(2) and ends on the earliest of

    • (a) the day on which the complaint is withdrawn or dismissed,

    • (b) the day on which the Commissioner makes an application to the Tribunal for an order referred to in paragraph 20.4(1)(a) in respect of the complaint,

    • (c) in the case where the Commissioner makes an application to the Tribunal for the orders referred to in paragraph 20.4(1)(b) in respect of the complaint, the day on which the Tribunal makes a determination that the complainant was not subject to a reprisal taken by the person, and

    • (d) the day on which the disciplinary action is taken as a result of a settlement approved by the Commissioner or an order of the Tribunal.

  • Marginal note:Prior disciplinary action cancelled

    (4) Disciplinary action taken as a result of a settlement approved by the Commissioner or an order of the Tribunal cancels any prior disciplinary action.

  • Marginal note:Application

    (5) This section applies despite Part IV of the Royal Canadian Mounted Police Act.

  • 2006, c. 9, s. 201
 
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