Public Servants Disclosure Protection Act

Marginal note:Determination — paragraph 20.4(1)(b)

• 21.5 (1) On application made by the Commissioner for the orders referred to in paragraph 20.4(1)(b) the Tribunal must determine whether the complainant has been subject to a reprisal and whether the person or persons identified by the Commissioner in the application as having taken the alleged reprisal actually took it. If it determines that a reprisal was taken, the Tribunal may, regardless of whether or not it has determined that the reprisal was taken by the person or persons named in the application, make an order granting a remedy to the complainant.

• Marginal note:Parties

  (2) The parties in respect of proceedings held for the purpose of subsection (1) are the Commissioner and

  • (a) the complainant;

  • (b) if the complainant is a public servant, the complainant’s employer;

  • (c) if the complainant is a former public servant, the person or entity who was the complainant’s employer at the time the alleged reprisal was taken; and

  • (d) the person or persons identified in the application as being the person or persons who may have taken the alleged reprisal.

• Marginal note:Reasons

  (3) The Tribunal must issue written reasons for its decisions under subsection (1) as soon as possible.

• Marginal note:Order respecting disciplinary action

  (4) After issuing the reasons under subsection (3), the Tribunal may make an order respecting the disciplinary action to be taken against any person who was determined by it to have taken the reprisal.

• Marginal note:Parties

  (5) The parties in respect of proceedings held for the purpose of subsection (4) are the Commissioner, the person against whom the disciplinary action would be taken and, for the purpose of making submissions regarding disciplinary action on behalf of the person or entity who would be required to implement the order if it were made, any person designated by the Tribunal.