Public Servants Disclosure Protection Act

Marginal note:Access to legal advice

• 25.1 (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.