Public Servants Disclosure Protection Act

Marginal note:Right to refuse

• 24 (1) The Commissioner may refuse to deal with a disclosure or cease an investigation if he or she is of the opinion that

  • (a) the subject-matter of the disclosure is one that could more appropriately be dealt with, initially or completely, according to a procedure provided for under another Act of Parliament;

  • (b) the subject-matter of the disclosure is not sufficiently important or the disclosure is not made in good faith;

  • (c) the length of time that has elapsed between the date when the subject-matter of the disclosure arose and the date when the disclosure was made is such that dealing with the disclosure would serve no useful purpose;

  • (d) the disclosure relates to a matter that results from a balanced and informed decision-making process on a public policy issue; or

  • (e) there is a valid reason for not dealing with the disclosure.

• Marginal note:Adjudicative decisions

  (2) The Commissioner must refuse to deal with a disclosure or must cease an investigation if he or she is of the opinion that the subject-matter of the disclosure relates solely to a decision that was made in the exercise of an adjudicative function under an Act of Parliament, including a decision of the Commissioner of the Royal Canadian Mounted Police under Part IV or V of the Royal Canadian Mounted Police Act.

• Marginal note:Notice of refusal or cessation of investigation

  (3) If the Commissioner refuses to deal with a disclosure or ceases an investigation under this Act, he or she must inform the person who made the disclosure and give reasons why he or she did so.