Public Servants Disclosure Protection Act

Marginal note:Definitions

2 The following definitions apply in this Act.

chief executive

administrateur général

chief executive means the deputy head or chief executive officer of any portion of the public sector, or the person who occupies any other similar position, however called, in the public sector. (administrateur général)

Commissioner

commissaire

Commissioner means the Public Sector Integrity Commissioner appointed under subsection 39(1). (commissaire)

member of the Royal Canadian Mounted Police

membre de la Gendarmerie royale du Canada

member of the Royal Canadian Mounted Police means a person who is a member or a special constable of the Royal Canadian Mounted Police or who is employed by that force under terms and conditions substantially the same as those of one of its members. (membre de la Gendarmerie royale du Canada)

Minister

ministre

Minister means, in respect of sections 4, 5 and 54, the Minister responsible for the Public Service Human Resources Management Agency of Canada. (ministre)

protected disclosure

divulgation protégée

protected disclosure means a disclosure that is made in good faith and that is made by a public servant

• (a) in accordance with this Act;

• (b) in the course of a parliamentary proceeding;

• (c) in the course of a procedure established under any other Act of Parliament; or

• (d) when lawfully required to do so. (divulgation protégée)

public sector

secteur public

public sector means

• (a) the departments and other portions of the public service of Canada named in Schedule I to the Public Service Staff Relations Act;

• (b) the bodies named in Schedules I.1, II and III to the Financial Administration Act; and

• (c) the Crown corporations and the other public bodies named in Schedule 1.

However, subject to sections 52 and 53, public sector does not include the Canadian Forces, the Canadian Security Intelligence Service or the Communications Security Establishment. (secteur public)

public servant

fonction­naire

public servant means every person employed in the public sector, every member of the Royal Canadian Mounted Police and every chief executive. (fonction­naire)

reprisal

représailles

reprisal means any of the following measures taken against a public servant because the public servant has made a protected disclosure or has, in good faith, cooperated in an investigation carried out under this Act:

• (a) a disciplinary measure;

• (b) the demotion of the public servant;

• (c) the termination of employment of the public servant, including, in the case of a member of the Royal Canadian Mounted Police, a discharge or dismissal;

• (d) any measure that adversely affects the employment or working conditions of the public servant; and

• (e) a threat to take any of the measures referred to in any of paragraphs (a) to (d). (représailles)

senior officer

agent supérieur

senior officer means a senior officer designated under subsection 10(2). (agent supérieur)

wrongdoing

acte répréhensible

wrongdoing means a wrongdoing referred to in section 8. (acte répréhensible)