GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Public Servants Disclosure Protection Act — P-31.9 20.4
Application to Tribunal 20.4 (1) If, after receipt of the report, the Commissioner is of the opinion that an application to the Tribunal in relation to the complaint is warranted, the Commissioner may apply to the Tribunal for a determination of whether or not a reprisal was taken against the complainant and, if the Tribunal determines that a reprisal was taken, for (a) an order respecting a remedy in favour of the complainant; or (b) an order respecting a remedy in favour of the complainant and an order respecting disciplinary action against any person or persons identified by the Commissioner in the application as being the person or persons who took the reprisal. Exception (2) The order respecting disciplinary action referred in paragraph (1)(b) may not be applied for in relation to a complaint the filing of which is permitted by section 19.2. Factors (3) In considering whether making an application to the Tribunal is warranted, the Commissioner must take into account whether (a) there are reasonable grounds for believing that a reprisal was taken against the complainant; (b) the investigation into the complaint could not be completed because of lack of cooperation on the part of one or more chief executives or public servants; (c) the complaint should be dismissed on any ground mentioned in paragraphs 19.3(1)(a) to (d); and (d) having regard to all the circumstances relating to the complaint, it is in the public interest to make an application to the Tribunal. 2006, c. 9, s. 201
Public Servants Disclosure Protection Act — P-31.9 20.5
Dismissal of complaint 20.5 If, after receipt of the report, the Commissioner is of the opinion that an application to the Tribunal is not warranted in the circumstances, he or she must dismiss the complaint. 2006, c. 9, s. 201
Public Servants Disclosure Protection Act — P-31.9 20.6
Notice 20.6 The Commissioner must notify in writing each of the following of his or her action under section 20.4 or 20.5: (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; (d) the person or persons identified in the investigator’s report as being the person or persons who may have taken the alleged reprisal; (e) the person or entity with the authority to take disciplinary action against any person referred to in paragraph (d); and (f) every person, other than the complainant, or entity that was sent a notice under subsection 19.4(2) in respect of the complaint. 2006, c. 9, s. 201
Public Servants Disclosure Protection Act — P-31.9 20.7
Establishment 20.7 (1) There is established a tribunal to be known as the Public Servants Disclosure Protection Tribunal consisting of a Chairperson and not less than two and not more than six other members to be appointed by the Governor in Council. All of the members must be judges of the Federal Court or a superior court of a province. Tenure (2) Each member of the Tribunal is to be appointed for a term of not more than seven years and holds office so long as he or she remains a judge. Re-appointment (3) A member of the Tribunal, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term. Temporary members (4) Subject to subsection (5), in addition to the members appointed under subsection (1), any judge or former judge of the Federal Court of Canada or the Federal Court or of a superior or district court of a province may, on the request of the Chairperson of the Tribunal made with the approval of the Governor in Council, act as a temporary member of the Tribunal. Consent required (5) Except in relation to a former judge, no request may be made under subsection (4) (a) to a judge of the Federal Court without the consent of the Chief Justice of that Court or of the Attorney General of Canada; or (b) to a judge of a superior court of a province without the consent of the chief justice or chief judge of that court or of the attorney general of the province. Approval of requests by Governor in Council (6) The Governor in Council may approve the making of requests under subsection (4) in general terms or for particular periods or purposes, and may limit the number of persons who may act as temporary members of the Tribunal. Remuneration of temporary members (7) Each temporary member of the Tribunal who is a former judge is to be paid the remuneration determined by the Governor in Council. Expenses (8) Each member of the Tribunal and each temporary member of the Tribunal is entitled to be paid the expenses fixed by the Governor in Council. Acting after expiration of appointment (9) A member of the Tribunal whose appointment expires may, with the approval of the Chairperson, conclude any hearing that the member has begun and he or she is deemed to be a temporary member of the Tribunal for the purpose. 2006, c. 9, s. 201
Public Servants Disclosure Protection Act — P-31.9 20.9
Sittings 20.9 The Tribunal may sit at the times and at the places throughout Canada that it considers necessary or desirable for the proper conduct of its business. 2006, c. 9, s. 201
Public Servants Disclosure Protection Act — P-31.9 21
Conduct of proceedings 21 (1) Proceedings before the Tribunal are to be conducted as informally and expeditiously as the requirements of natural justice and the rules of procedure allow. Tribunal rules of procedure (2) The Chairperson of the Tribunal may make rules of procedure governing the practice and procedure before the Tribunal, including, but not limited to, rules governing (a) the giving of notices to parties; (b) the addition of parties and interested persons to the proceedings; (c) the summoning of witnesses; (d) the production and service of documents; (e) discovery proceedings; and (f) pre-hearing conferences. RCMP (3) The Chairperson must consult with the Royal Canadian Mounted Police before making any rules and must ensure that the rules take that organization’s security and confidentiality needs into account. Publication of proposed rules (4) A copy of each rule that the Chairperson proposes to make must be published in the Canada Gazette , and a reasonable opportunity must be given to interested persons to make representations with respect to it. Exception (5) A proposed rule need not be published more than once, whether or not it has been amended as a result of any representations. 2005, c. 46, s. 21; 2006, c. 9, s. 201
Public Servants Disclosure Protection Act — P-31.9 21.1
Assignment of member or members 21.1 (1) On receipt of an application made by the Commissioner under subsection 20.4(1) the Chairperson of the Tribunal must assign a member of the Tribunal to deal with the application, but the Chairperson may assign a panel of three members if he or she considers that the complexity of the matter requires that it be dealt with by three members. Every decision of the member or panel is a decision of the Tribunal. Chair of panel (2) If a panel of three members has been assigned, the Chairperson must designate one of them to chair the proceedings, but the Chairperson must chair the proceedings if he or she is a member of the panel. 2005, c. 46, s. 21.1; 2006, c. 9, s. 201
Public Servants Disclosure Protection Act — P-31.9 21.2
Powers 21.2 (1) The member or panel may (a) in the same manner and to the same extent as a superior court of record, summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce any documents and things that the member or panel considers necessary for the full hearing and consideration of the application; (b) administer oaths; (c) subject to subsection (2), receive and accept any evidence and other information, whether on oath or by affidavit or otherwise, that the member or panel sees fit, whether or not that evidence or information is or would be admissible in a court of law; (d) lengthen or shorten any time limit established by the rules of procedure; and (e) decide any procedural or evidentiary question. Conciliators as witnesses (2) A conciliator appointed to settle the complaint is not a competent or compellable witness at a hearing. Witness fees (3) Any person summoned to attend a hearing is entitled, at the discretion of the member or panel, to receive the same fees and allowances as those paid to persons summoned to attend before the Federal Court. 2006, c. 9, s. 201
Public Servants Disclosure Protection Act — P-31.9 21.3
Hearing may be in camera 21.3 A hearing before the Tribunal may be held in camera at the request of any party if the party establishes to the satisfaction of the Tribunal that the circumstances of the case so require. 2006, c. 9, s. 201
Public Servants Disclosure Protection Act — P-31.9 21.4
Determination — paragraph 20.4(1)(a) 21.4 (1) On application made by the Commissioner for an order referred to in paragraph 20.4(1)(a) the Tribunal must determine whether the complainant has been subject to a reprisal and, if it so determines, the Tribunal may make an order granting a remedy to the complainant. Parties (2) The parties in respect of the application are the Commissioner and (a) the complainant; (b) if the complainant is a public servant, the complainant’s employer; and (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. Addition of party (3) If the Tribunal is of the opinion that a person who has been identified as being a person who may have taken the alleged reprisal may be directly affected by a determination of the Tribunal, the Tribunal may add that person as a party. 2006, c. 9, s. 201
Public Servants Disclosure Protection Act — P-31.9 21.5
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. 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. Reasons (3) The Tribunal must issue written reasons for its decisions under subsection (1) as soon as possible. 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. 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. 2006, c. 9, s. 201
Public Servants Disclosure Protection Act — P-31.9 21.6
Rights of parties 21.6 (1) Every party must be given a full and ample opportunity to participate at any proceedings before the Tribunal — including, but not limited to, by appearing at any hearing, by presenting evidence and by making representations — and to be assisted or represented by counsel, or by any person, for that purpose. Duty of Commissioner (2) The Commissioner must, in proceedings before the Tribunal, adopt the position that, in his or her opinion, is in the public interest having regard to the nature of the complaint. Limitation — proceedings relating to remedy (3) With respect to the portions of proceedings that relate solely to the remedy, if any, to be ordered in favour of the complainant, the Tribunal may, despite subsection (1), limit the participation of any person or persons identified as being the person or persons who may have taken the alleged reprisal. 2006, c. 9, s. 201
Public Servants Disclosure Protection Act — P-31.9 21.7
Remedies 21.7 (1) To provide an appropriate remedy to the complainant, the Tribunal may, by order, require the employer or the appropriate chief executive, or any person acting on their behalf, to take all necessary measures to (a) permit the complainant to return to his or her duties; (b) reinstate the complainant or pay compensation to the complainant in lieu of reinstatement if, in the Tribunal’s opinion, the relationship of trust between the parties cannot be restored; (c) pay to the complainant compensation in an amount not greater than the amount that, in the Tribunal’s opinion, is equivalent to the remuneration that would, but for the reprisal, have been paid to the complainant; (d) rescind any measure or action, including any disciplinary action, and pay compensation to the complainant in an amount not greater than the amount that, in the Tribunal’s opinion, is equivalent to any financial or other penalty imposed on the complainant; (e) pay to the complainant an amount equal to any expenses and any other financial losses incurred by the complainant as a direct result of the reprisal; or (f) compensate the complainant, by an amount of not more than $10,000, for any pain and suffering that the complainant experienced as a result of the reprisal. Royal Canadian Mounted Police Act (2) The Tribunal may make an order under subsection (1) in relation to a member of the Royal Canadian Mounted Police despite subsections 32(1) and 45.16(9) of the Royal Canadian Mounted Police Act . 2006, c. 9, s. 201; 2013, c. 18, s. 62
Public Servants Disclosure Protection Act — P-31.9 21.8
Disciplinary action 21.8 (1) The Tribunal may, by order, require the Governor in Council, the employer or the appropriate chief executive, or any person acting on their behalf, to take all necessary measures to take the disciplinary action, including termination of employment or revocation of appointment, specified by the Tribunal against any person named in the application who was determined by it to have taken the reprisal. Factors (2) In making the order the Tribunal must take into account the factors ordinarily considered by employers when they discipline their employees, including, but not limited to, (a) the gravity of the reprisal; (b) the level of responsibility inherent in the position that the person occupies; (c) the person’s previous employment record; (d) whether the reprisal was an isolated incident; (e) the person’s rehabilitative potential; and (f) the deterrent effect of the disciplinary action. Additional factors (3) In making the order the Tribunal must also take into account (a) the extent to which the nature of the reprisal discourages the disclosure of wrongdoing under this Act; and (b) the extent to which inadequate disciplinary action in relation to the reprisal would have an adverse effect on confidence in public institutions. Grievance precluded (4) The person against whom disciplinary action is taken as a result of an order made under subsection (1) may not initiate a grievance or other similar procedure under an Act of Parliament or a collective agreement in respect of the disciplinary action. Restriction — RCMP (5) The disciplinary action that the Tribunal may order with respect to a member of the Royal Canadian Mounted Police is limited to a conduct measure established under paragraph 39.1(a), or a conduct measure referred to in paragraph 45(4)(a) or (b), of the Royal Canadian Mounted Police Act , or any combination of them. Royal Canadian Mounted Police Act (6) The Tribunal may make an order under subsection (1) in relation to a member of the Royal Canadian Mounted Police despite subsections 32(1) and 45.16(9) of the Royal Canadian Mounted Police Act . Royal Canadian Mounted Police Act (7) An order made under subsection (1) in relation to a member of the Royal Canadian Mounted Police may be implemented by the Governor in Council or Commissioner of the Royal Canadian Mounted Police despite Part IV of the Royal Canadian Mounted Police Act . 2006, c. 9, s. 201; 2013, c. 18, s. 63
Public Servants Disclosure Protection Act — P-31.9 21.9
Filing of orders in Federal Court 21.9 (1) The Commissioner must, on the request in writing of any person or employer affected by any order of the Tribunal, file a certified copy of the order, exclusive of the reasons for the order, in the Federal Court, unless, in his or her opinion, (a) there is no indication of failure or likelihood of failure to comply with the order; or (b) there is other good reason why the filing of the order in the Federal Court would serve no useful purpose. Effect of filing (2) An order of the Tribunal becomes an order of the Federal Court when a certified copy of the order is filed in that court, and it may subsequently be enforced as such. 2006, c. 9, s. 201
Public Servants Disclosure Protection Act — P-31.9 22
Duties 22 The duties of the Commissioner under this Act are to (a) provide information and advice regarding the making of disclosures under this Act and the conduct of investigations by the Commissioner; (b) receive, record and review disclosures of wrongdoings in order to establish whether there are sufficient grounds for further action; (c) conduct investigations of disclosures made in accordance with section 13 , and investigations referred to in section 33 , including to appoint persons to conduct the investigations on his or her behalf; (d) ensure that the right to procedural fairness and natural justice of all persons involved in investigations is respected, including persons making disclosures, witnesses and persons alleged to be responsible for wrongdoings; (e) subject to any other Act of Parliament, protect, to the extent possible in accordance with the law, the identity of persons involved in the disclosure process, including that of persons making disclosures, witnesses and persons alleged to be responsible for wrongdoings; (f) establish procedures for processing disclosures and ensure the confidentiality of information collected in relation to disclosures and investigations; (g) review the results of investigations into disclosures and those commenced under section 33 and report his or her findings to the persons who made the disclosures and to the appropriate chief executives; (h) make recommendations to chief executives concerning the measures to be taken to correct wrongdoings and review reports on measures taken by chief executives in response to those recommendations; and (i) receive, review, investigate and otherwise deal with complaints made in respect of reprisals. 2005, c. 46, s. 22; 2006, c. 9, s. 202
Public Servants Disclosure Protection Act — P-31.9 23
Restriction — general 23 (1) The Commissioner may not deal with a disclosure under this Act or commence an investigation under section 33 if a person or body acting under another Act of Parliament is dealing with the subject-matter of the disclosure or the investigation other than as a law enforcement authority. Royal Canadian Mounted Police Act (2) For the purpose of subsection (1), (a) the Commissioner of the Royal Canadian Mounted Police, or his or her delegate, is not acting as a law enforcement authority when taking any action under section 20.2 of the Royal Canadian Mounted Police Act ; and (b) a person or body dealing with a matter in the course of an investigation or proceeding under Part IV of that Act is not dealing with the matter as a law enforcement authority. 2005, c. 46, s. 23; 2013, c. 18, s. 64
Public Servants Disclosure Protection Act — P-31.9 24
Right to refuse 24 (1) The Commissioner may refuse to deal with a disclosure or to commence an investigation — and he or she may cease an investigation — if he or she is of the opinion that (a) the subject-matter of the disclosure or the investigation has been adequately dealt with, or could more appropriately be dealt with, according to a procedure provided for under another Act of Parliament; (b) the subject-matter of the disclosure or the investigation is not sufficiently important; (c) the disclosure was not made in good faith or the information that led to the investigation under section 33 was not provided in good faith; (d) the length of time that has elapsed since the date when the subject-matter of the disclosure or the investigation arose is such that dealing with it would serve no useful purpose; (e) the subject-matter of the disclosure or the investigation relates to a matter that results from a balanced and informed decision-making process on a public policy issue; or (f) there is a valid reason for not dealing with the subject-matter of the disclosure or the investigation. Adjudicative decisions (2) The Commissioner must refuse to deal with a disclosure or to commence an investigation if he or she is of the opinion that the subject matter of the disclosure or the investigation relates solely to a decision that was made in the exercise of an adjudicative function under an Act of Parliament, including a decision of the Commissioner of the Royal Canadian Mounted Police under Part IV of the Royal Canadian Mounted Police Act . Jurisdiction of the Conflict of Interest and Ethics Commissioner (2.1) The Commissioner must refuse to deal with a disclosure or to commence an investigation if he or she is of the opinion that the subject-matter of the disclosure or the investigation is within the jurisdiction of the Conflict of Interest and Ethics Commissioner under the Conflict of Interest Act and must refer the matter to the Conflict of Interest and Ethics Commissioner. Notice of refusal (3) If the Commissioner refuses to deal with a disclosure or to commence an investigation, he or she must inform the person who made the disclosure, or who provided the information referred to in section 33, as the case may be, and give reasons why he or she did so. 2005, c. 46, s. 24; 2006, c. 9, ss. 203, 226; 2013, c. 18, s. 65