GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Public Servants Disclosure Protection Act — P-31.9 8
Wrongdoings 8 This Act applies in respect of the following wrongdoings in or relating to the public sector: (a) a contravention of any Act of Parliament or of the legislature of a province, or of any regulations made under any such Act, other than a contravention of section 19 of this Act; (b) a misuse of public funds or a public asset; (c) a gross mismanagement in the public sector; (d) an act or omission that creates a substantial and specific danger to the life, health or safety of persons, or to the environment, other than a danger that is inherent in the performance of the duties or functions of a public servant; (e) a serious breach of a code of conduct established under section 5 or 6 ; and (f) knowingly directing or counselling a person to commit a wrongdoing set out in any of paragraphs (a) to (e). (g) [Repealed, 2006, c. 9, s. 197] 2005, c. 46, s. 8; 2006, c. 9, s. 197
Public Servants Disclosure Protection Act — P-31.9 9
Disciplinary action 9 In addition to, and apart from, any penalty provided for by law, a public servant is subject to appropriate disciplinary action, including termination of employment, if he or she commits a wrongdoing.
Public Servants Disclosure Protection Act — P-31.9 10
Establishment of internal disclosure procedures 10 (1) Each chief executive must establish internal procedures to manage disclosures made under this Act by public servants employed in the portion of the public sector for which the chief executive is responsible. Designation of senior officer (2) Each chief executive must designate a senior officer to be responsible for receiving and dealing with, in accordance with the duties and powers of senior officers set out in the code of conduct established by the Treasury Board, disclosures of wrongdoings made by public servants employed in the portion of the public sector for which the chief executive is responsible. Senior officer from other portion of public sector (3) A chief executive may designate as a senior officer for the portion of the public sector for which the chief executive is responsible a person who is employed in any other portion of the public sector. Exception (4) Subsections (1) and (2) do not apply to a chief executive if he or she declares, after giving notice to the Chief Human Resources Officer appointed under subsection 6(2.1) of the Financial Administration Act , that it is not practical to apply those subsections given the size of that portion of the public sector. 2005, c. 46, s. 10; 2006, c. 9, s. 198; 2010, c. 12, s. 1679; 2011, c. 24, s. 177
Public Servants Disclosure Protection Act — P-31.9 11
Duty of chief executives 11 (1) Each chief executive must (a) subject to paragraph (c) and any other Act of Parliament and to the principles of procedural fairness and natural justice, protect the identity of persons involved in the disclosure process, including that of persons making disclosures, witnesses and persons alleged to be responsible for wrongdoings; (b) establish procedures to ensure the confidentiality of information collected in relation to disclosures of wrongdoings; and (c) if wrongdoing is found as a result of a disclosure made under section 12, promptly provide public access to information that (i) describes the wrongdoing, including information that could identify the person found to have committed it if it is necessary to identify the person to adequately describe the wrongdoing, and (ii) sets out the recommendations, if any, set out in any report made to the chief executive in relation to the wrongdoing and the corrective action, if any, taken by the chief executive in relation to the wrongdoing or the reasons why no corrective action was taken. Exception (2) Nothing in paragraph (1)(c) requires a chief executive to provide public access to information the disclosure of which is subject to any restriction created by or under any Act of Parliament. 2005, c. 46, s. 11; 2006, c. 9, s. 199
Public Servants Disclosure Protection Act — P-31.9 12
Disclosure to supervisor or senior officer 12 A public servant may disclose to his or her supervisor or to the senior officer designated for the purpose by the chief executive of the portion of the public sector in which the public servant is employed any information that the public servant believes could show that a wrongdoing has been committed or is about to be committed, or that could show that the public servant has been asked to commit a wrongdoing.
Public Servants Disclosure Protection Act — P-31.9 13
Disclosure to the Commissioner 13 (1) A public servant may disclose information referred to in section 12 to the Commissioner. 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. 2005, c. 46, s. 13; 2006, c. 9, s. 200
Public Servants Disclosure Protection Act — P-31.9 14
Disclosure concerning the Office of the Public Sector Integrity Commissioner 14 A disclosure that a public servant is entitled to make under section 13 that concerns the Office of the Public Sector Integrity Commissioner may be made to the Auditor General of Canada who has, in relation to that disclosure, the powers, duties and protections of the Commissioner under this Act.
Public Servants Disclosure Protection Act — P-31.9 14.1
Restriction re portions named in Schedule 2 14.1 Despite sections 12 to 14, a public servant employed in a portion of the public sector that has a statutory mandate to investigate other portions of the public sector and that is named in Schedule 2 may disclose information under any of those sections only if the wrongdoing to which the information relates involves the portion of the public sector in which he or she is employed.
Public Servants Disclosure Protection Act — P-31.9 15
Application of ss. 12 to 14 15 Sections 12 to 14 apply despite (a) section 5 of the Personal Information Protection and Electronic Documents Act , to the extent that that section relates to obligations set out in Schedule 1 to that Act relating to the disclosure of information; and (b) any restriction created by or under any other Act of Parliament on the disclosure of information, other than a restriction created by or under any provision set out in Schedule 3.
Public Servants Disclosure Protection Act — P-31.9 15.1
Requirements when making a disclosure 15.1 In making a disclosure under this Act, a public servant must (a) provide no more information than is reasonably necessary to make the disclosure; and (b) follow established procedures or practices for the secure handling, storage, transportation and transmission of information or documents, including, but not limited to, information or documents that the Government of Canada or any portion of the public sector is taking measures to protect.
Public Servants Disclosure Protection Act — P-31.9 16
Disclosure to public 16 (1) A disclosure that a public servant may make under sections 12 to 14 may be made to the public if there is not sufficient time to make the disclosure under those sections and the public servant believes on reasonable grounds that the subject-matter of the disclosure is an act or omission that (a) constitutes a serious offence under an Act of Parliament or of the legislature of a province; or (b) constitutes an imminent risk of a substantial and specific danger to the life, health and safety of persons, or to the environment. Limitation (1.1) Subsection (1) does not apply in respect of information the disclosure of which is subject to any restriction created by or under any Act of Parliament, including the Personal Information Protection and Electronic Documents Act . Rights not affected (2) Nothing in subsection (1) affects the rights of a public servant to make to the public in accordance with the law a disclosure that is not protected under this Act.
Public Servants Disclosure Protection Act — P-31.9 17
Exception — special operational information 17 Section 12, subsection 13(1) and sections 14 and 16 do not apply in respect of any information that is special operational information within the meaning of subsection 8(1) of the Foreign Interference and Security of Information Act . 2005, c. 46, s. 17 2024, c. 16, s. 57
Public Servants Disclosure Protection Act — P-31.9 18
Saving — journalists with Canadian Broadcasting Corporation 18 Nothing in this Act relating to the making of disclosures is to be construed as applying to the dissemination of news and information by a person employed by the Canadian Broadcasting Corporation for that purpose.
Public Servants Disclosure Protection Act — P-31.9 18.1
Other obligations to report 18.1 Nothing in this Act relating to the making of disclosures is to be construed as affecting any obligation of a public servant to disclose, report or otherwise give notice of any matter under any other Act of Parliament.
Public Servants Disclosure Protection Act — P-31.9 19
Prohibition against reprisal 19 No person shall take any reprisal against a public servant or direct that one be taken against a public servant. 2005, c. 46, s. 19; 2006, c. 9, s. 201
Public Servants Disclosure Protection Act — P-31.9 19.1
Complaints 19.1 (1) A public servant or a former public servant who has reasonable grounds for believing that a reprisal has been taken against him or her may file with the Commissioner a complaint in a form acceptable to the Commissioner. The complaint may also be filed by a person designated by the public servant or former public servant for the purpose. Time for making complaint (2) The complaint must be filed not later than 60 days after the day on which the complainant knew, or in the Commissioner’s opinion ought to have known, that the reprisal was taken. Time extended (3) The complaint may be filed after the period referred to in subsection (2) if the Commissioner feels it is appropriate considering the circumstances of the complaint. Effect of filing (4) Subject to subsection 19.4(4), the filing of a complaint under subsection (1) precludes the complainant from commencing any procedure under any other Act of Parliament or collective agreement in respect of the measure alleged to constitute the reprisal. Exception — RCMP (5) A member or former member of the Royal Canadian Mounted Police may not make a complaint under subsection (1) in relation to any action under section 20.2, or any matter that is the subject of an investigation or proceeding under Part IV of the Royal Canadian Mounted Police Act , unless (a) he or she has exhausted every procedure available under that Act for dealing with the action or matter; and (b) the complaint is filed within 60 days after those procedures have been exhausted. 2006, c. 9, s. 201; 2013, c. 18, s. 61
Public Servants Disclosure Protection Act — P-31.9 19.2
Complaint in respect of past disclosures 19.2 (1) A public servant who alleges that a reprisal was taken against him or her by reason that he or she, in good faith, disclosed, after February 10, 2004 and before the day on which section 19.1 comes into force, a wrongdoing in the course of a parliamentary proceeding or an inquiry under Part I of the Inquiries Act may file a complaint under that section in respect of the reprisal. Time limit (2) The public servant may file the complaint within 60 days after the later of (a) the day on which section 19.1 comes into force, and (b) the day on which he or she knew or, in the opinion of the Commissioner, ought to have known that the reprisal was taken. 2006, c. 9, s. 201
Public Servants Disclosure Protection Act — P-31.9 19.3
Refusal to deal with complaint 19.3 (1) The Commissioner may refuse to deal with a complaint if he or she is of the opinion that (a) the subject-matter of the complaint has been adequately dealt with, or could more appropriately be dealt with, according to a procedure provided for under an Act of Parliament, other than this Act, or a collective agreement; (b) if the complainant is a member or former member of the Royal Canadian Mounted Police, the subject-matter of the complaint has been adequately dealt with by the procedures referred to in subsection 19.1(5); (c) the complaint is beyond the jurisdiction of the Commissioner; or (d) the complaint was not made in good faith. Restriction (2) The Commissioner may not deal with a complaint if a person or body acting under another Act of Parliament or a collective agreement is dealing with the subject-matter of the complaint other than as a law enforcement authority. Royal Canadian Mounted Police Act (3) For the purpose of subsection (2), a person or body dealing with a matter in the course of an investigation or proceeding under the Royal Canadian Mounted Police Act is deemed not to be dealing with the matter as a law enforcement authority. No jurisdiction (4) The Commissioner ceases to have jurisdiction to deal with a complaint filed by a member or former member of the Royal Canadian Mounted Police if an application for judicial review of any decision relating to the procedures referred to in subsection 19.1(5) is made by the member. 2006, c. 9, s. 201
Public Servants Disclosure Protection Act — P-31.9 19.4
Time limit 19.4 (1) The Commissioner must decide whether or not to deal with a complaint within 15 days after it is filed. Notice — decision to deal with complaint (2) If the Commissioner decides to deal with a complaint, he or she must send a written notice of his or her decision to the complainant and to the person or entity that has the authority to take disciplinary action against each person who participated in the taking of a measure alleged by the complainant to constitute a reprisal. Reasons — decision not to deal with complaint (3) If the Commissioner decides not to deal with a complaint, he or she must send a written notice of his or her decision to the complainant and set out the reasons for the decision. Effect of not dealing with complaint (4) If the Commissioner decides not to deal with a complaint and sends the complainant a written notice setting out the reasons for that decision, (a) subsection 19.1(4) ceases to apply; and (b) the period of time that begins on the day on which the complaint was filed and ends on the day on which the notice is sent is not to be included in the calculation of any time the complainant has to avail himself or herself of any procedure under any other Act of Parliament or collective agreement in respect of the measure alleged to constitute the reprisal. Exception (5) Subsection (4) does not apply if the Commissioner has decided not to deal with the complaint for the reason that it was not made in good faith. 2006, c. 9, s. 201
Public Servants Disclosure Protection Act — P-31.9 19.5
Restriction on disciplinary action 19.5 (1) If the Commissioner decides to deal with a complaint and sends a written notice under subsection 19.4(2) and no disciplinary action has yet been taken against a person by reason of that person’s participation in the taking of a measure alleged by the complainant to constitute a reprisal, no disciplinary action may be taken during the period referred to in subsection (3) in relation to the person’s participation in the taking of the measure. Exception (2) Subsection (1) does not apply in respect of disciplinary action taken as a result of a settlement approved by the Commissioner or an order of the Tribunal. Period during which no disciplinary action may be taken (3) For the purposes of subsection (1), the period during which no disciplinary action may be taken is the period that begins on the day on which the Commissioner sends the notice referred to in subsection 19.4(2) and ends on the earliest of (a) the day on which the complaint is withdrawn or dismissed, (b) the day on which the Commissioner makes an application to the Tribunal for an order referred to in paragraph 20.4(1)(a) in respect of the complaint, and (c) in the case where the Commissioner makes an application to the Tribunal for the orders referred to in paragraph 20.4(1)(b) in respect of the complaint, the day on which the Tribunal makes a determination that the complainant was not subject to a reprisal taken by the person. Period not to be included (4) If a time limit is provided for under any Act of Parliament or collective agreement for the taking of disciplinary action, the period during which disciplinary action may not be taken against the person by reason of subsection (1) is not to be included in the calculation of the prescribed time limit. Application (5) This section applies despite Part IV of the Royal Canadian Mounted Police Act . 2006, c. 9, s. 201
Public Servants Disclosure Protection Act — P-31.9 19.6
Suspension of disciplinary action 19.6 (1) If the Commissioner decides to deal with a complaint and sends a written notice under subsection 19.4(2) and disciplinary action has already been taken against a person by reason of the person’s participation in the taking of a measure alleged by the complainant to constitute a reprisal (a) the implementation of the disciplinary action — and the commencement or continuation of any procedure in relation to the disciplinary action by the person under any other Act of Parliament or collective agreement — is suspended for the period referred to in subsection (3); and (b) the appropriate chief executive must take the measures necessary to put the person in the situation the person was in before the disciplinary action was implemented. Exception (2) If the disciplinary action already taken against a person by reason of the person’s participation in the taking of a measure alleged by the complainant to constitute a reprisal has been the subject of a decision of a court, tribunal or arbitrator dealing with it on the merits, other than a decision made under the Royal Canadian Mounted Police Act , (a) subsection (1) does not apply; and (b) neither the Commissioner nor the Tribunal may deal with the issue of disciplinary action against that person. Period of suspension (3) For the purposes of paragraph (1)(a), the suspension begins on the day on which the Commissioner sends the notice referred to in subsection 19.4(2) and ends on the earliest of (a) the day on which the complaint is withdrawn or dismissed, (b) the day on which the Commissioner makes an application to the Tribunal for an order referred to in paragraph 20.4(1)(a) in respect of the complaint, (c) in the case where the Commissioner makes an application to the Tribunal for the orders referred to in paragraph 20.4(1)(b) in respect of the complaint, the day on which the Tribunal makes a determination that the complainant was not subject to a reprisal taken by the person, and (d) the day on which the disciplinary action is taken as a result of a settlement approved by the Commissioner or an order of the Tribunal. Prior disciplinary action cancelled (4) Disciplinary action taken as a result of a settlement approved by the Commissioner or an order of the Tribunal cancels any prior disciplinary action. Application (5) This section applies despite Part IV of the Royal Canadian Mounted Police Act . 2006, c. 9, s. 201
Public Servants Disclosure Protection Act — P-31.9 19.7
Designation of complaint investigator 19.7 (1) The Commissioner may designate a person as an investigator to investigate a complaint. Informality (2) Investigations into complaints are to be conducted as informally and expeditiously as possible. 2006, c. 9, s. 201
Public Servants Disclosure Protection Act — P-31.9 19.8
Notice to chief executive 19.8 (1) When commencing an investigation, the investigator must notify the chief executive concerned and inform that chief executive of the substance of the complaint to which the investigation relates. Notice to others (2) The investigator may also notify any other person he or she considers appropriate, including every person whose conduct is called into question by the complaint, and inform the person of the substance of the complaint. 2006, c. 9, s. 201
Public Servants Disclosure Protection Act — P-31.9 19.9
Access 19.9 (1) If the investigator so requests, chief executives and public servants must provide the investigator with any facilities, assistance, information and access to their respective offices that the investigator may require for the purposes of the investigation. Insufficient cooperation (2) If the investigator concludes that he or she is unable to complete an investigation because of insufficient cooperation on the part of chief executives or public servants, he or she must make a report to the Commissioner to that effect under section 20.3. 2006, c. 9, s. 201
Public Servants Disclosure Protection Act — P-31.9 20
Recommendation — conciliation 20 (1) At any time during the course of the investigation into a complaint the investigator may recommend to the Commissioner that a conciliator be appointed to attempt to bring about a settlement. Appointment of conciliator (2) The Commissioner may appoint a person as a conciliator for the purpose of attempting to bring about a settlement of the complaint. Eligibility (3) A person is not eligible to act as a conciliator in respect of a complaint if that person has already acted as an investigator in respect of that complaint. Confidentiality (4) Any information received by a conciliator in the course of attempting to reach a settlement of a complaint is confidential and may not be disclosed except with the consent of the person who gave the information. 2005, c. 46, s. 20; 2006, c. 9, s. 201
Public Servants Disclosure Protection Act — P-31.9 20.1
Who may settle — remedy 20.1 (1) A settlement that relates to the remedy to be provided to the complainant must be agreed to by the complainant and the person with the authority to implement the remedy. Who may settle — disciplinary action (2) A settlement that relates to the disciplinary action, if any, that is to be imposed on a person identified by the investigator as being the person or one of the persons who took the alleged reprisal must be agreed to by the person identified by the investigator and the person with the authority to take the disciplinary action. 2005, c. 46, s. 20.1; 2006, c. 9, s. 201
Public Servants Disclosure Protection Act — P-31.9 20.2
Referral of a settlement to Commissioner 20.2 (1) The terms of a settlement must be referred to the Commissioner for approval or rejection and the Commissioner must, without delay after approving or rejecting them, so certify and notify the parties to the settlement. Complaint dismissed (2) If the Commissioner approves a settlement that relates to the remedy to be provided to the complainant, the complaint to which it relates is dismissed. Application barred (3) If the Commissioner approves a settlement that relates to disciplinary action, if any, that is to be imposed on a person, the Commissioner may not apply to the Tribunal for an order referred to in paragraph 20.4(1)(b) in respect of the person. Enforcement of settlement (4) A settlement approved by the Commissioner may, for the purpose of enforcement, be made an order of the Federal Court on application to that Court by the Commissioner or a party to the settlement. 2006, c. 9, s. 201
Public Servants Disclosure Protection Act — P-31.9 20.3
Investigator’s report to Commissioner 20.3 As soon as possible after the conclusion of the investigation, the investigator must submit a report of his or her findings to the Commissioner. 2006, c. 9, s. 201