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)

Public Servants Disclosure Protection Tribunal (continued)

Administration

 [Repealed, 2014, c. 20, s. 468]

Marginal note:Sittings

 The Tribunal may sit at the times and at the places throughout Canada that it considers necessary or desirable for the proper conduct of its business.

  • 2006, c. 9, s. 201

Proceedings

Marginal note:Conduct of proceedings

  •  (1) Proceedings before the Tribunal are to be conducted as informally and expeditiously as the requirements of natural justice and the rules of procedure allow.

  • Marginal note:Tribunal rules of procedure

    (2) The Chairperson of the Tribunal may make rules of procedure governing the practice and procedure before the Tribunal, including, but not limited to, rules governing

    • (a) the giving of notices to parties;

    • (b) the addition of parties and interested persons to the proceedings;

    • (c) the summoning of witnesses;

    • (d) the production and service of documents;

    • (e) discovery proceedings; and

    • (f) pre-hearing conferences.

  • Marginal note:RCMP

    (3) The Chairperson must consult with the Royal Canadian Mounted Police before making any rules and must ensure that the rules take that organization’s security and confidentiality needs into account.

  • Marginal note:Publication of proposed rules

    (4) A copy of each rule that the Chairperson proposes to make must be published in the Canada Gazette, and a reasonable opportunity must be given to interested persons to make representations with respect to it.

  • Marginal note:Exception

    (5) A proposed rule need not be published more than once, whether or not it has been amended as a result of any representations.

  • 2005, c. 46, s. 21
  • 2006, c. 9, s. 201

Applications by Commissioner

Marginal note:Assignment of member or members

  •  (1) On receipt of an application made by the Commissioner under subsection 20.4(1) the Chairperson of the Tribunal must assign a member of the Tribunal to deal with the application, but the Chairperson may assign a panel of three members if he or she considers that the complexity of the matter requires that it be dealt with by three members. Every decision of the member or panel is a decision of the Tribunal.

  • Marginal note:Chair of panel

    (2) If a panel of three members has been assigned, the Chairperson must designate one of them to chair the proceedings, but the Chairperson must chair the proceedings if he or she is a member of the panel.

  • 2005, c. 46, s. 21.1
  • 2006, c. 9, s. 201

Marginal note:Powers

  •  (1) The member or panel may

    • (a) in the same manner and to the same extent as a superior court of record, summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce any documents and things that the member or panel considers necessary for the full hearing and consideration of the application;

    • (b) administer oaths;

    • (c) subject to subsection (2), receive and accept any evidence and other information, whether on oath or by affidavit or otherwise, that the member or panel sees fit, whether or not that evidence or information is or would be admissible in a court of law;

    • (d) lengthen or shorten any time limit established by the rules of procedure; and

    • (e) decide any procedural or evidentiary question.

  • Marginal note:Conciliators as witnesses

    (2) A conciliator appointed to settle the complaint is not a competent or compellable witness at a hearing.

  • Marginal note:Witness fees

    (3) Any person summoned to attend a hearing is entitled, at the discretion of the member or panel, to receive the same fees and allowances as those paid to persons summoned to attend before the Federal Court.

  • 2006, c. 9, s. 201

Marginal note:Hearing may be in camera

 A hearing before the Tribunal may be held in camera at the request of any party if the party establishes to the satisfaction of the Tribunal that the circumstances of the case so require.

  • 2006, c. 9, s. 201

Marginal note:Determination — paragraph 20.4(1)(a)

  •  (1) On application made by the Commissioner for an order referred to in paragraph 20.4(1)(a) the Tribunal must determine whether the complainant has been subject to a reprisal and, if it so determines, the Tribunal may make an order granting a remedy to the complainant.

  • Marginal note:Parties

    (2) The parties in respect of the application are the Commissioner and

    • (a) the complainant;

    • (b) if the complainant is a public servant, the complainant’s employer; and

    • (c) if the complainant is a former public servant, the person or entity who was the complainant’s employer at the time the alleged reprisal was taken.

  • Marginal note:Addition of party

    (3) If the Tribunal is of the opinion that a person who has been identified as being a person who may have taken the alleged reprisal may be directly affected by a determination of the Tribunal, the Tribunal may add that person as a party.

  • 2006, c. 9, s. 201

Marginal note:Determination — paragraph 20.4(1)(b)

  •  (1) On application made by the Commissioner for the orders referred to in paragraph 20.4(1)(b) the Tribunal must determine whether the complainant has been subject to a reprisal and whether the person or persons identified by the Commissioner in the application as having taken the alleged reprisal actually took it. If it determines that a reprisal was taken, the Tribunal may, regardless of whether or not it has determined that the reprisal was taken by the person or persons named in the application, make an order granting a remedy to the complainant.

  • Marginal note:Parties

    (2) The parties in respect of proceedings held for the purpose of subsection (1) are the Commissioner and

    • (a) the complainant;

    • (b) if the complainant is a public servant, the complainant’s employer;

    • (c) if the complainant is a former public servant, the person or entity who was the complainant’s employer at the time the alleged reprisal was taken; and

    • (d) the person or persons identified in the application as being the person or persons who may have taken the alleged reprisal.

  • Marginal note:Reasons

    (3) The Tribunal must issue written reasons for its decisions under subsection (1) as soon as possible.

  • Marginal note:Order respecting disciplinary action

    (4) After issuing the reasons under subsection (3), the Tribunal may make an order respecting the disciplinary action to be taken against any person who was determined by it to have taken the reprisal.

  • Marginal note:Parties

    (5) The parties in respect of proceedings held for the purpose of subsection (4) are the Commissioner, the person against whom the disciplinary action would be taken and, for the purpose of making submissions regarding disciplinary action on behalf of the person or entity who would be required to implement the order if it were made, any person designated by the Tribunal.

  • 2006, c. 9, s. 201

Marginal note:Rights of parties

  •  (1) Every party must be given a full and ample opportunity to participate at any proceedings before the Tribunal — including, but not limited to, by appearing at any hearing, by presenting evidence and by making representations — and to be assisted or represented by counsel, or by any person, for that purpose.

  • Marginal note:Duty of Commissioner

    (2) The Commissioner must, in proceedings before the Tribunal, adopt the position that, in his or her opinion, is in the public interest having regard to the nature of the complaint.

  • Marginal note:Limitation — proceedings relating to remedy

    (3) With respect to the portions of proceedings that relate solely to the remedy, if any, to be ordered in favour of the complainant, the Tribunal may, despite subsection (1), limit the participation of any person or persons identified as being the person or persons who may have taken the alleged reprisal.

  • 2006, c. 9, s. 201
 
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