Public Servants Disclosure Protection Act

Marginal note:When disclosure can be made to the Commissioner

• 13 (1) A public servant may disclose information referred to in section 12 to the Commissioner if

  • (a) the public servant believes on reasonable grounds that it would not be appropriate to disclose the information to his or her supervisor, or to the appropriate senior officer, by reason of the subject-matter of the wrongdoing or the person alleged to have committed it;

  • (b) the public servant has already disclosed the information to his or her supervisor or to the appropriate senior officer and is of the opinion that the matter has not been appropriately dealt with; or

  • (c) the portion of the public sector in which the public servant is employed is subject to a declaration made under subsection 10(4).

• Marginal note:Exception

  (2) Nothing in this Act authorizes a public servant to disclose to the Commissioner a confidence of the Queen’s Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies or any information that is subject to solicitor-client privilege. The Commissioner may not use the confidence or information if it is disclosed.