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

Act current to 2019-07-01 and last amended on 2018-03-06. Previous Versions

Duties of the Commissioner (continued)

Marginal note:Delegation

  •  (1) The Commissioner may delegate to any employee in the Office of the Public Sector Integrity Commissioner any of his or her powers and duties under this Act, except

    • (a) the power to delegate under this section;

    • (b) the power to decide not to deal with a complaint filed under subsection 19.1(1);

    • (c) the power in section 20.2 to approve or reject a settlement;

    • (d) the power in section 20.4 to apply to the Tribunal;

    • (e) the power in section 20.5 to dismiss a complaint;

    • (f) the duties in paragraphs 22(g) and (h) to review the result of investigations, to report findings and to make recommendations;

    • (g) the power in section 24 to refuse to deal with a disclosure or to commence an investigation, the power in that section to cease an investigation and the duty in that section to provide reasons;

    • (h) the power to issue, in the exercise of any powers referred to in subsection 29(1), a subpoena or other request or summons to appear before the Commissioner or a person appointed to conduct an investigation;

    • (i) the power in section 33 to commence an investigation;

    • (j) the power in section 34 to refer a matter to another authority;

    • (k) the power in subsection 35(1) to remit information;

    • (l) the power to request that a chief executive provide notice as referred to in section 36; and

    • (m) the power in section 37 and the power and duties in section 38 to make a report.

  • Marginal note:Restriction concerning certain investigations

    (2) The Commissioner may not delegate the conduct of an investigation that involves or may involve information relating to international relations, national defence, national security or the detection, prevention or suppression of criminal, subversive or hostile activities, except to one of a maximum of four officers or employees of the Office of the Public Sector Integrity Commissioner specifically designated by the Commissioner for the purpose of conducting those investigations.

  • 2005, c. 46, s. 25
  • 2006, c. 9, s. 203

Marginal note:Access to legal advice

  •  (1) The Commissioner may provide access to legal advice to

    • (a) any public servant who is considering making a disclosure of wrongdoing under this Act;

    • (b) any person who is not a public servant who is considering providing information to the Commissioner in relation to any act or omission that may constitute a wrongdoing under this Act;

    • (c) any public servant who has made a disclosure under this Act;

    • (d) any person who is or has been involved in any investigation conducted by a senior officer or by or on behalf of the Commissioner under this Act;

    • (e) any public servant who is considering making a complaint under this Act regarding an alleged reprisal taken against him or her; or

    • (f) any person who is or has been involved in a proceeding under this Act regarding an alleged reprisal.

  • Marginal note:Condition

    (2) The Commissioner may provide the access to legal advice only if the public servant or person satisfies the Commissioner that they do not have other access to legal advice at no cost to them.

  • Marginal note:Additional condition

    (3) In addition to the condition referred to in subsection (2), the Commissioner may provide access to legal advice to a public servant referred to in paragraph (1)(a) or a person referred to in paragraph (1)(b) only if the Commissioner is of the opinion that the act or omission to which the disclosure or the information relates, as the case may be, likely constitutes a wrongdoing under this Act and that the disclosure or the provision of the information is likely to lead to an investigation being conducted under this Act.

  • Marginal note:Maximum payment

    (4) The maximum amount that may be paid by the Commissioner under this section for legal advice provided or to be provided to any particular public servant or person in relation to any particular act or omission that may constitute a wrongdoing or reprisal is $1,500.

  • Marginal note:Maximum value

    (5) If, for the purpose of this section, the Commissioner chooses to provide access to legal advice to any particular public servant or person in relation to a particular act or omission that may constitute a wrongdoing or reprisal through legal counsel employed in his or her office, the monetary value of the time spent by them in providing the legal advice may not be more than $1,500.

  • Marginal note:Deemed amount

    (6) If the Commissioner is of the opinion that there are exceptional circumstances, the maximum amount provided for in subsections (4) and (5) is deemed to be $3,000.

  • Marginal note:Factors

    (7) In determining the amount to be paid for legal advice, or the monetary value of the time to be spent providing it, as the case may be, the Commissioner must take into account

    • (a) the degree to which the public interest may be affected by the subject-matter of the disclosure or the information provided; and

    • (b) the degree to which the public servant or person seeking the legal advice may be adversely affected as a result of his or her involvement in making the disclosure, providing the information, making the complaint or participating in the investigation or the proceeding, as the case may be.

  • Marginal note:Grants and contributions

    (8) For the purpose of providing access to legal advice under this section, the Commissioner may make grants or contributions in accordance with terms and conditions approved by the Treasury Board.

  • Marginal note:Solicitor-client basis

    (9) The relationship between the public servant or person to whom access to legal advice is provided under this section and the legal counsel providing the advice is that of solicitor and client.

  • 2006, c. 9, s. 203

Investigations

Marginal note:Purpose of investigations

  •  (1) Investigations into disclosures and investigations commenced under section 33 are for the purpose of bringing the existence of wrongdoings to the attention of chief executives and making recommendations concerning corrective measures to be taken by them.

  • Marginal note:Informality

    (2) The investigations are to be conducted as informally and expeditiously as possible.

  • 2005, c. 46, s. 26
  • 2006, c. 9, s. 204

Marginal note:Notice to chief executive

  •  (1) When commencing an investigation, the Commissioner must notify the chief executive concerned and inform that chief executive of the substance of the disclosure to which the investigation relates.

  • Marginal note:Notice to others

    (2) The Commissioner, or the person conducting an investigation, may also notify any other person he or she considers appropriate, including every person whose acts or conduct are called into question by the disclosure to which the investigation relates, and inform that person of the substance of the disclosure.

  • Marginal note:Opportunity to answer allegations

    (3) It is not necessary for the Commissioner to hold any hearing and no person is entitled as of right to be heard by the Commissioner, but if at any time during the course of an investigation it appears to the Commissioner that there may be sufficient grounds to make a report or recommendation that may adversely affect any individual or any portion of the public sector, the Commissioner must, before completing the investigation, take every reasonable measure to give to that individual or the chief executive responsible for that portion of the public sector a full and ample opportunity to answer any allegation, and to be assisted or represented by counsel, or by any person, for that purpose.

  • 2005, c. 46, s. 27
  • 2006, c. 9, s. 205(E)

Marginal note:Access

  •  (1) If the Commissioner so requests for the purposes of an investigation, chief executives and public servants must provide him or her, or the person conducting the investigation, with any facilities, assistance, information and access to their respective offices that the Commissioner may require.

  • Marginal note:Application

    (2) Subsection (1) applies despite any restriction created by or under any other Act of Parliament on the disclosure of information.

  • 2005, c. 46, s. 28
  • 2006, c. 9, s. 206

Marginal note:Powers

  •  (1) In conducting an investigation, the Commissioner has all the powers of a commissioner under Part II of the Inquiries Act.

  • Marginal note:Subpoenas, etc., and right to be represented

    (2) Whenever the Commissioner issues a subpoena or other request or summons to a person in the exercise of any powers referred to in subsection (1), he or she must allow that person to be assisted or represented by counsel, or by any person.

  • Marginal note:Notice before entering premises

    (3) Before entering the premises of any portion of the public sector in the exercise of any powers under subsection (1), the Commissioner must notify the chief executive of that portion of the public sector.

  • 2005, c. 46, s. 29
  • 2006, c. 9, s. 207
 
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