Public Servants Disclosure Protection Act

Marginal note:Time limit

• 19.4 (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.