GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Public Servants Disclosure Protection Act — P-31.9 25
Delegation 25 (1) The Commissioner may delegate to any employee in the Office of the Public Sector Integrity Commissioner any of his or her powers and duties under this Act, except (a) the power to delegate under this section; (b) the power to decide not to deal with a complaint filed under subsection 19.1(1); (c) the power in section 20.2 to approve or reject a settlement; (d) the power in section 20.4 to apply to the Tribunal; (e) the power in section 20.5 to dismiss a complaint; (f) the duties in paragraphs 22(g) and (h) to review the result of investigations, to report findings and to make recommendations; (g) the power in section 24 to refuse to deal with a disclosure or to commence an investigation, the power in that section to cease an investigation and the duty in that section to provide reasons; (h) the power to issue, in the exercise of any powers referred to in subsection 29(1), a subpoena or other request or summons to appear before the Commissioner or a person appointed to conduct an investigation; (i) the power in section 33 to commence an investigation; (j) the power in section 34 to refer a matter to another authority; (k) the power in subsection 35(1) to remit information; (l) the power to request that a chief executive provide notice as referred to in section 36; and (m) the power in section 37 and the power and duties in section 38 to make a report. Restriction concerning certain investigations (2) The Commissioner may not delegate the conduct of an investigation that involves or may involve information relating to international relations, national defence, national security or the detection, prevention or suppression of criminal, subversive or hostile activities, except to one of a maximum of four officers or employees of the Office of the Public Sector Integrity Commissioner specifically designated by the Commissioner for the purpose of conducting those investigations. 2005, c. 46, s. 25; 2006, c. 9, s. 203
Public Servants Disclosure Protection Act — P-31.9 26
Purpose of investigations 26 (1) Investigations into disclosures and investigations commenced under section 33 are for the purpose of bringing the existence of wrongdoings to the attention of chief executives and making recommendations concerning corrective measures to be taken by them. Informality (2) The investigations are to be conducted as informally and expeditiously as possible. 2005, c. 46, s. 26; 2006, c. 9, s. 204
Public Servants Disclosure Protection Act — P-31.9 27
Notice to chief executive 27 (1) When commencing an investigation, the Commissioner must notify the chief executive concerned and inform that chief executive of the substance of the disclosure to which the investigation relates. Notice to others (2) The Commissioner, or the person conducting an investigation, may also notify any other person he or she considers appropriate, including every person whose acts or conduct are called into question by the disclosure to which the investigation relates, and inform that person of the substance of the disclosure. Opportunity to answer allegations (3) It is not necessary for the Commissioner to hold any hearing and no person is entitled as of right to be heard by the Commissioner, but if at any time during the course of an investigation it appears to the Commissioner that there may be sufficient grounds to make a report or recommendation that may adversely affect any individual or any portion of the public sector, the Commissioner must, before completing the investigation, take every reasonable measure to give to that individual or the chief executive responsible for that portion of the public sector a full and ample opportunity to answer any allegation, and to be assisted or represented by counsel, or by any person, for that purpose. 2005, c. 46, s. 27; 2006, c. 9, s. 205(E)
Public Servants Disclosure Protection Act — P-31.9 28
Access 28 (1) If the Commissioner so requests for the purposes of an investigation, chief executives and public servants must provide him or her, or the person conducting the investigation, with any facilities, assistance, information and access to their respective offices that the Commissioner may require. Application (2) Subsection (1) applies despite any restriction created by or under any other Act of Parliament on the disclosure of information. 2005, c. 46, s. 28; 2006, c. 9, s. 206
Public Servants Disclosure Protection Act — P-31.9 29
Powers 29 (1) In conducting an investigation, the Commissioner has all the powers of a commissioner under Part II of the Inquiries Act . Subpoenas, etc., and right to be represented (2) Whenever the Commissioner issues a subpoena or other request or summons to a person in the exercise of any powers referred to in subsection (1), he or she must allow that person to be assisted or represented by counsel, or by any person. Notice before entering premises (3) Before entering the premises of any portion of the public sector in the exercise of any powers under subsection (1), the Commissioner must notify the chief executive of that portion of the public sector. 2005, c. 46, s. 29; 2006, c. 9, s. 207
Public Servants Disclosure Protection Act — P-31.9 30
Exception 30 (1) Sections 28 and 29 do not apply in respect of a confidence of the Queen’s Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies or information that is subject to solicitor-client privilege. The Commissioner may not use the confidence or information if it is nevertheless received under section 28 or 29. Canada Evidence Act (2) Nothing in this Act is to be construed as limiting the application of the Canada Evidence Act to investigations conducted by the Commissioner.
Public Servants Disclosure Protection Act — P-31.9 31
Canadian Broadcasting Corporation 31 With respect to the Canadian Broadcasting Corporation, in making a request referred to in section 28 or in exercising the powers in section 29, the Commissioner must consider whether doing so will unduly disrupt the gathering and dissemination of news and information by the Corporation.
Public Servants Disclosure Protection Act — P-31.9 32
Self-incrimination 32 No public servant shall be excused from cooperating with the Commissioner, or with a person conducting an investigation, on the grounds that any information given by the public servant may tend to incriminate the public servant or subject him or her to any proceeding or penalty, but the information, or any evidence derived from it, may not be used or received to incriminate the public servant in any criminal proceeding against him or her, other than a prosecution under section 132 or 136 of the Criminal Code .
Public Servants Disclosure Protection Act — P-31.9 33
Power to investigate other wrongdoings 33 (1) If, during the course of an investigation or as a result of any information provided to the Commissioner by a person who is not a public servant, the Commissioner has reason to believe that another wrongdoing, or a wrongdoing, as the case may be, has been committed, he or she may, subject to sections 23 and 24, commence an investigation into the wrongdoing if he or she believes on reasonable grounds that the public interest requires an investigation. The provisions of this Act applicable to investigations commenced as the result of a disclosure apply to investigations commenced under this section. Restriction (2) The Commissioner may not, in the course of an investigation commenced under subsection (1), use a confidence of the Queen’s Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies, or information that is subject to solicitor-client privilege, if the confidence or information is disclosed to the Commissioner.
Public Servants Disclosure Protection Act — P-31.9 34
Information outside public sector 34 If the Commissioner is of the opinion that a matter under investigation would involve obtaining information that is outside the public sector, he or she must cease that part of the investigation and he or she may refer the matter to any authority that he or she considers competent to deal with it.
Public Servants Disclosure Protection Act — P-31.9 35
Remittal of information 35 (1) If the Commissioner has reasonable grounds to suspect that information obtained in the course of an investigation may be used in the investigation or prosecution of an alleged contravention of any Act of Parliament or of the legislature of a province, he or she may, in addition to or in lieu of continuing the investigation, remit the information, at that point in time, to a peace officer having jurisdiction to investigate the alleged contravention or to the Attorney General of Canada. Restriction (1.1) If the information relates to the Royal Canadian Mounted Police, the Commissioner may remit the information only to the Attorney General of Canada. No further remittal of information (2) To maintain the separation of investigations carried out under this Act and those carried out for law enforcement purposes, after information has been remitted under subsection (1) in relation to any matter, the Commissioner may not — except in accordance with a prior judicial authorization — remit to any peace officer or to the Attorney General of Canada any further information in relation to that matter that the Commissioner obtains in the course of his or her investigation into that matter and in respect of which there is a reasonable expectation of privacy.
Public Servants Disclosure Protection Act — P-31.9 36
Request for notice of action 36 In making a report to a chief executive in respect of an investigation, the Commissioner may, if he or she considers it appropriate to do so, request that the chief executive provide the Commissioner, within a time specified in the report, with notice of any action taken or proposed to be taken to implement the recommendations contained in the report or reasons why no such action has been or is proposed to be taken. 2005, c. 46, s. 36; 2006, c. 9, s. 208(E)
Public Servants Disclosure Protection Act — P-31.9 37
Report to appropriate Minister or governing council 37 If the Commissioner considers it necessary, he or she may report any matter that arises out of an investigation to the Minister responsible for the portion of the public sector concerned or, if the matter relates to a Crown corporation, to its board or governing council, including, but not limited to, when the Commissioner is of the opinion that (a) action has not been taken within a reasonable time in respect of one of his or her recommendations; and (b) a situation that has come to his or her attention in the course of carrying out his or her duties exists that constitutes an imminent risk of a substantial and specific danger to the life, health or safety of persons, or to the environment. 2005, c. 46, s. 37; 2006, c. 9, s. 209
Public Servants Disclosure Protection Act — P-31.9 38.1
Report — disclosures under section 12 38.1 (1) Within 60 days after the end of each financial year, each chief executive must prepare and submit to the Chief Human Resources Officer appointed under subsection 6(2.1) of the Financial Administration Act a report for that financial year on the activities, in the portion of the public sector for which the chief executive is responsible, respecting disclosures made under section 12. Report to President of the Treasury Board — disclosures under section 12 (2) Within six months after the end of each financial year, the Chief Human Resources Officer must prepare and submit to the President of the Treasury Board a report for that financial year that provides an overview of the activities, throughout the public sector, respecting disclosures made under section 12. Content (3) The report under subsection (2) must set out (a) the number of general inquiries relating to this Act; (b) the number of disclosures received, the number of those that were acted on and the number of those that were not acted on; (c) the number of investigations commenced as a result of disclosures made under section 12; (d) whether there are any systemic problems that give rise to wrongdoings; and (e) any other matter that the Chief Human Resources Officer considers necessary. Report to Parliament (4) The President of the Treasury Board must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the President of the Treasury Board receives the report. 2006, c. 9, s. 211; 2010, c. 12, ss. 1680, 1682; 2011, c. 24, s. 178
Public Servants Disclosure Protection Act — P-31.9 39
Appointment 39 (1) The Governor in Council shall, by commission under the Great Seal, appoint a Public Sector Integrity Commissioner after consultation with the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate, the Leader or Facilitator of every other recognized party or parliamentary group in the Senate and the leader of every recognized party in the House of Commons and approval of the appointment by resolution of the Senate and House of Commons. Tenure (2) Subject to this section, the Commissioner holds office during good behaviour for a term of seven years, but may be removed for cause by the Governor in Council at any time on address of the Senate and House of Commons. Re-appointment (3) The Commissioner is eligible to be re-appointed for a further term of not more than seven years. Interim appointment (4) In the event of the absence or incapacity of the Commissioner, or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council. 2005, c. 46, s. 39; 2006, c. 9, s. 119 2022, c. 10, s. 251
Public Servants Disclosure Protection Act — P-31.9 39.1
Rank and powers 39.1 (1) The Commissioner has the rank, and all the powers, of a deputy head of a department. Restriction on other employment or activities (2) The Commissioner shall not hold any other office or employment in the public sector or carry on any activity that is inconsistent with his or her powers and duties.
Public Servants Disclosure Protection Act — P-31.9 39.2
Remuneration 39.2 (1) The Commissioner is to be paid the remuneration determined by the Governor in Council. Expenses (2) The Commissioner is entitled to be paid reasonable travel and other expenses incurred in the course of his or her duties while absent from his or her ordinary place of work if he or she has been appointed to serve on a full-time basis or his or her ordinary place of residence if he or she has been appointed to serve on a part-time basis. Application of Public Service Superannuation Act (3) The Commissioner is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act . Application of other Acts (4) The Commissioner is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and regulations made under section 9 of the Aeronautics Act .
Public Servants Disclosure Protection Act — P-31.9 39.3
Staff 39.3 (1) The Deputy Commissioner and the officers and employees that are necessary to enable the Commissioner to perform his or her duties and functions are to be appointed in accordance with the Public Service Employment Act . Duties and powers of Deputy Commissioner (1.1) The Deputy Commissioner exercises any of the powers and performs any of the duties and functions that the Commissioner may assign. Scope of assigned duties and functions (1.2) The assignment of powers, duties and functions by the Commissioner to the Deputy Commissioner may include the delegation to the Deputy Commissioner of any of the Commissioner’s powers, duties and functions, including those referred to in paragraphs 25(1)(a) to (k) and the powers in sections 36 and 37, but it may not include the delegation of the Commissioner’s power or any of his or her duties in section 38. Technical assistance (2) The Commissioner may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the Commissioner’s work to advise and assist the Commissioner in the performance of his or her duties and functions and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons. 2005, c. 46, s. 39.3; 2006, c. 9, s. 212
Public Servants Disclosure Protection Act — P-31.9 40
False statements 40 No person shall, in a disclosure of a wrongdoing or in the course of any investigation under this Act, knowingly make a false or misleading statement, either orally or in writing, to a supervisor, a senior officer, the Commissioner or a person acting on behalf of or under the direction of any of them. 2005, c. 46, s. 40; 2006, c. 9, s. 214(E)
Public Servants Disclosure Protection Act — P-31.9 41
Obstruction 41 No person shall wilfully obstruct a senior officer or the Commissioner, or any person acting on behalf of or under the direction of a senior officer or the Commissioner, in the performance of the senior officer’s, or the Commissioner’s, as the case may be, duties under this Act.
Public Servants Disclosure Protection Act — P-31.9 42
Destroying documents and things, etc. 42 No person knowing that a document or thing is likely to be relevant to an investigation under this Act shall (a) destroy, mutilate or alter the document or thing; (b) falsify the document or make a false document; (c) conceal the document or thing; or (d) direct, counsel or cause, in any manner, any person to do anything mentioned in any of paragraphs (a) to (c), or propose, in any manner, to any person that they do anything mentioned in any of those paragraphs.
Public Servants Disclosure Protection Act — P-31.9 42.1
Prohibition — employer 42.1 (1) No employer shall take any of the following measures against an employee by reason only that the employee has, in good faith and on the basis of reasonable belief, provided information concerning an alleged wrongdoing in the public sector to the Commissioner or, if the alleged wrongdoing relates to the Office of the Public Sector Integrity Commissioner, to the Auditor General of Canada — or by reason only that the employer believes that the employee will do so: (a) take a disciplinary measure against the employee; (b) demote the employee; (c) terminate the employment of the employee; (d) take any measure that adversely affects the employment or working conditions of the employee; or (e) threaten to take any measure referred to in paragraphs (a) to (d). Saving (2) Nothing in subsection (1) impairs any right of an employee either at law or under an employment contract or collective agreement. Meaning of employer (3) For the purpose of subsection (1), employer does not include an employer in the public sector. 2006, c. 9, s. 215
Public Servants Disclosure Protection Act — P-31.9 42.2
Prohibition — termination of contract or withholding of payments 42.2 (1) A public servant or any person purporting to act on behalf of Her Majesty in right of Canada or a portion of the public sector shall not terminate any contract with Her Majesty in right of Canada or any portion of the public sector, or withhold any payment that is due and payable in respect of any such contract, by reason only that the other party to the contract or any of that other party’s employees has, in good faith and on the basis of reasonable belief, provided information concerning an alleged wrongdoing in the public sector to the Commissioner or, if the alleged wrongdoing relates to the Office of the Public Sector Integrity Commissioner, to the Auditor General of Canada. Prohibition — entering into contract (2) A public servant or any person purporting to act on behalf of Her Majesty in right of Canada or a portion of the public sector shall not, in considering whether to enter into a contract with a person, take into account that the person or any of the person’s employees has, in the past, in good faith and on the basis of reasonable belief, provided information concerning an alleged wrongdoing in the public sector to the Commissioner or, if the alleged wrongdoing relates to the Office of the Public Sector Integrity Commissioner, to the Auditor General of Canada. Meaning of contract (3) In this section, contract includes, but is not limited to, an agreement for the supply of goods or the provision of services, an agreement relating to real property or immoveables, a loan, a grant and a contribution, but does not include an agreement by a public servant, or by a person appointed by the Governor in Council or by a minister of the Crown, to perform the duties to which their employment or appointment relates. 2006, c. 9, s. 215
Public Servants Disclosure Protection Act — P-31.9 42.3
Offence and punishment 42.3 Every person who knowingly contravenes section 19 or contravenes any of sections 40 to 42.2 commits an offence and is guilty of (a) an indictable offence and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years, or to both that fine and that imprisonment; or (b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both that fine and that imprisonment. 2006, c. 9, s. 215
Public Servants Disclosure Protection Act — P-31.9 43
Security requirements 43 The Commissioner and every person acting on behalf of or under the direction of the Commissioner who receives or obtains information relating to an alleged wrongdoing must, with respect to access to and the use of that information, satisfy any security requirements applicable to persons who normally have access to and use of that information and take any oath of secrecy required to be taken by them.
Public Servants Disclosure Protection Act — P-31.9 44
Confidentiality 44 Unless the disclosure is required by law or permitted by this Act, the Commissioner and every person acting on behalf of or under the direction of the Commissioner shall not disclose any information that comes to their knowledge in the performance of their duties under this Act.
Public Servants Disclosure Protection Act — P-31.9 44.1
Canada Evidence Act 44.1 Nothing in this Act is to be construed as limiting the application of the Canada Evidence Act to any disclosure, or proposed disclosure, of information under this Act by the Commissioner or any person acting on behalf of or under his or her direction.
Public Servants Disclosure Protection Act — P-31.9 45
Protection 45 No criminal or civil proceedings lie against the Commissioner, or against any person acting on behalf of or under the direction of the Commissioner, for anything done or omitted to be done, or reported or said, in good faith in the course of the exercise or performance, or purported exercise or performance, of any power or duty of the Commissioner under this Act.
Public Servants Disclosure Protection Act — P-31.9 46
Not compellable witness 46 (1) The Commissioner or any person acting on behalf of or under the direction of the Commissioner is not a competent or compellable witness in any proceedings, other than a prosecution for an offence under this Act, in respect of any matter coming to the knowledge of the Commissioner, or that person, as a result of performing any duties under this Act. Exceptions (2) Subsection (1) does not apply to (a) the Commissioner or any person acting on behalf of or under the direction of the Commissioner, with respect to the Commissioner’s participation in any proceedings before the Tribunal; or (b) a person designated as an investigator under section 19.7 with regard to his or her participation in the investigation for which he or she was so designated. 2005, c. 46, s. 46; 2006, c. 9, s. 216