GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Public Servants Disclosure Protection Act — P-31.9 47
Libel or slander 47 For the purposes of any law relating to libel or slander, (a) anything said, any information supplied or any document or thing produced in the course of an investigation under this Act by or on behalf of the Commissioner is privileged if it was said, supplied or produced in good faith; and (b) any report under this Act made in good faith by the Commissioner is privileged, and any fair and accurate account of the report made in good faith in a newspaper or any other periodical publication or in a broadcast is privileged.
Public Servants Disclosure Protection Act — P-31.9 48
Disclosure not waiver 48 The disclosure of information to the Commissioner under this Act does not, by itself, constitute a waiver of any privilege that may exist with respect to the information.
Public Servants Disclosure Protection Act — P-31.9 49
Restriction 49 (1) Subject to subsections (2) and (3), when referring any matter under section 34 or making a report under section 38, the Commissioner shall not disclose any information that the Government of Canada or any portion of the public sector is taking measures to protect, including, but not limited to, information that (a) is a confidence of the Queen’s Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies; (b) is subject to solicitor-client privilege; (c) is special operational information within the meaning of subsection 8(1) of the Foreign Interference and Security of Information Act ; (d) is subject to any restriction on disclosure created by or under any other Act of Parliament; (e) could reasonably be expected to cause injury to international relations, national defence or national security, or to the detection, prevention or suppression of criminal, subversive or hostile activities; (f) could reasonably be expected to cause injury to the privacy interests of an individual; or (g) could reasonably be expected to cause injury to commercial interests. Exception — previously disclosed information or consent (2) The Commissioner may disclose any information referred to in subsection (1) if it has already been disclosed following a request under the Access to Information Act or with the consent of the relevant individual or an authorized person in the organization that has a primary interest in the information. Exception — disclosure necessary for referral or report (3) The Commissioner may disclose any information referred to in subsection (1) if, in his or her opinion, (a) the disclosure is necessary to refer any matter under section 34 or to establish the grounds for any finding or recommendation in a report under section 38; and (b) the public interest in making the disclosure clearly outweighs the potential harm from the disclosure. Compliance and consultation (4) Before disclosing any information as permitted by subsection (3), the Commissioner must (a) comply with subsection 38.02(1.1) of the Canada Evidence Act ; and (b) except for information that only affects the privacy interests of an individual, consult with the organization that has a primary interest in the information. 2005, c. 46, s. 49; 2006, c. 9, s. 217 2024, c. 16, s. 57
Public Servants Disclosure Protection Act — P-31.9 50
Personal information 50 Despite 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 despite any other Act of Parliament that restricts the disclosure of information, a report by a chief executive in response to recommendations made by the Commissioner to the chief executive under this Act may include personal information within the meaning of subsection 2(1) of that Act, or section 3 of the Privacy Act , depending on which of those Acts applies to the portion of the public sector for which the chief executive is responsible.
Public Servants Disclosure Protection Act — P-31.9 51
Saving 51 Subject to subsections 19.1(4) and 21.8(4), nothing in this Act is to be construed as prohibiting (a) the presentation of an individual grievance under subsection 208(1) or section 238.24 of the Federal Public Sector Labour Relations Act ; or (b) the Canada Industrial Relations Board from considering a complaint under section 242 of the Canada Labour Code . 2005, c. 46, s. 51; 2006, c. 9, s. 218; 2017, c. 9, s. 49 2017, c. 20, s. 397
Public Servants Disclosure Protection Act — P-31.9 51.1
Power to temporarily assign other duties 51.1 (1) A chief executive may temporarily assign other duties to a public servant who is involved in a disclosure or a complaint in respect of a reprisal if the chief executive believes on reasonable grounds that the public servant’s involvement has become known in the public servant’s workplace or that the temporary assignment is necessary to maintain the effective operation of the workplace. Public servants who may be assigned other duties (2) For the purposes of this section, the public servants involved in a disclosure or a complaint in respect of a reprisal are (a) the public servant who made the disclosure and every public servant who is the subject of the disclosure; (b) the public servant who filed the complaint and every public servant who is alleged to have taken the reprisal to which the complaint relates; and (c) every public servant who is a witness or potential witness in the investigation, if any, relating to the disclosure or in any proceeding dealing with the complaint. Duration (3) The assignment may be for a period of up to three months, but the chief executive may renew the assignment one or more times if he or she believes that the conditions giving rise to it continue to exist on the expiry of a previous period. Duties (4) Subject to subsection (7), the duties that may be assigned must be in the same portion of the public sector in which the public servant is employed and must be comparable to the public servant’s normal duties. Consent (5) Subsection (1) applies to a public servant, other than a public servant who is the subject of the disclosure or who is alleged to have taken the reprisal, as the case may be, only if the public servant consents in writing to the assignment. The assignment is deemed not to be a reprisal if the public servant’s consent is given. Not disciplinary action (6) The assignment of other duties to a public servant who is the subject of the disclosure or who is alleged to have taken the reprisal, as the case may be, is deemed not to be a disciplinary action. Duties in other portion of the public sector (7) A public servant may be temporarily assigned duties in another portion of the public sector if both the chief executive of that other portion and the public servant consent to the assignment and the duties are comparable to the public servant’s normal duties. The assignment is deemed not to be a reprisal or a disciplinary action if the public servant’s consent is given. 2006, c. 9, s. 219
Public Servants Disclosure Protection Act — P-31.9 51.2
Judicial review 51.2 (1) For the purposes of section 18.1 of the Federal Courts Act , (a) a public servant who has made a disclosure to the Commissioner under section 13 is deemed to be directly affected by any report made by the Commissioner in relation to the disclosure; (b) a public servant or former public servant who files a complaint under subsection 19.1(1) is deemed to be directly affected by a decision of the Commissioner to refuse to deal with or to dismiss the complaint; and (c) a party to a proceeding before the Tribunal is deemed to be directly affected by a decision of the Tribunal in relation to that proceeding. Rights of action (2) Nothing in this Act affects any right of action that a public servant may otherwise have in relation to any act or omission giving rise to a dispute that does not relate to his or her terms or conditions of employment. 2006, c. 9, s. 219
Public Servants Disclosure Protection Act — P-31.9 51.3
Authority to act for Commissioner of the Royal Canadian Mounted Police 51.3 The Commissioner of the Royal Canadian Mounted Police may authorize a Deputy or Assistant Commissioner of the Royal Canadian Mounted Police to exercise the powers or perform the duties and functions of the Commissioner of the Royal Canadian Mounted Police as a chief executive in respect of section 11, subsection 19.4(2), paragraph 19.6(1)(b), subsections 19.8(1) and 19.9(1), paragraphs 22(g) and (h), subsections 26(1), 27(1) and (3), 28(1) and 29(3) and sections 36 and 50. 2006, c. 9, s. 219
Public Servants Disclosure Protection Act — P-31.9 52
Obligation of excluded organizations 52 As soon as possible after the coming into force of this section, the person responsible for each organization that is excluded from the definition of public sector in section 2 must establish procedures, applicable to that organization, for the disclosure of wrongdoings, including the protection of persons who disclose the wrongdoings. Those procedures must, in the opinion of the Treasury Board, be similar to those set out in this Act.
Public Servants Disclosure Protection Act — P-31.9 53
Order to make provisions of Act applicable 53 The Governor in Council may, by order, direct that any provision of this Act applies, with any modifications that may be specified in the order, in respect of any organization that is excluded from the definition of public sector in section 2 .
Public Servants Disclosure Protection Act — P-31.9 54
Review 54 Five years after this section comes into force, the President of the Treasury Board must cause to be conducted an independent review of this Act, and its administration and operation, and must cause a report on the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the review is completed. 2005, c. 46, s. 54; 2010, c. 12, s. 1682
Public Servants Disclosure Protection Act — P-31.9 54.3
Continuation 54.3 Disclosures under the Treasury Board Policy on the Internal Disclosure of Information Concerning Wrongdoing in the Workplace that are being dealt with on the coming into force of this section are to be continued as though they had been made under this Act.
Public Servants Disclosure Protection Act — P-31.9 59
59 (1) [Repealed, 2006, c. 9, s. 225] (2) and (3) [Amendments]
Public Servants Disclosure Protection Act — P-31.9 60
Order in council 60 * (1) Subject to subsection (2), the provisions of this Act, other than section 59 , come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Section 59 in force on assent November 25, 2005; Act, other than section 59 and the reference to the “Canada Pension Plan Investment Board” in Schedule I, in force April 15, 2007, see SI/2007-43.] Canada Pension Plan Investment Board * (2) The reference to the “Canada Pension Plan Investment Board” in Schedule 1 comes into force, in accordance with subsection 114(4) of the Canada Pension Plan , on a day to be fixed by order of the Governor in Council . * [Note: The reference to the “Canada Pension Plan Investment Board” in Schedule 1 repealed before coming into force, see 2008, c. 20, s. 3.]
Public Servants Disclosure Protection Act — P-31.9
Canadian Security Intelligence Service Act , section 18
Public Servants Disclosure Protection Act — P-31.9
Sex Offender Information Registration Act , section 16
Public Servants Disclosure Protection Act — P-31.9
Witness Protection Program Act , section 11
Public Servants Disclosure Protection Act — P-31.9
Youth Criminal Justice Act , section 129
Public Servants Disclosure Protection Act — P-31.9 120
Transitional — continuation in office 120 A person who holds office under one of the following provisions immediately before the day on which this section comes into force continues in office and is deemed to have been appointed under that provision, as amended by sections 109 to 111, 118 and 119 , to hold office for the remainder of the term for which he or she had been appointed: (e) the Public Sector Integrity Commissioner under section 39 of the Public Servants Disclosure Protection Act .
Public Officers Act — P-31 1
Short title 1 This Act may be cited as the Public Officers Act . R.S., c. P-30, s. 1
Public Officers Act — P-31 3
Regulations 3 The Governor in Council may make regulations declaring and determining what dignitaries, officers or classes of officers, or persons in the federal public administration, appointed under orders in council shall receive commissions under the Great Seal or under the Privy Seal, and what fee shall be paid thereon, and commissions may be issued under this section to the dignitaries, officers and persons who have not received and are declared to be entitled to receive them. R.S., 1985, c. P-31, s. 3; 2003, c. 22, s. 224(E)
Public Officers Act — P-31 4
Registrations and publication 4 Commissions issued under section 3 shall be recorded in the office of the Registrar General of Canada and notice of the appointments shall be inserted in the Canada Gazette by the Registrar General of Canada, and a list of the commissions issued during the year shall be laid before Parliament within the first fifteen days of its next ensuing session in each year. R.S., c. P-30, s. 4
Public Servants Inventions Act — P-32 1
Short title 1 This Act may be cited as the Public Servants Inventions Act . R.S., c. P-31, s. 1
Public Servants Inventions Act — P-32 2
Definitions 2 In this Act, appropriate minister , in relation to a public servant, means the minister who under the Financial Administration Act is the appropriate minister with respect to the department in which the public servant is employed; ( ministre compétent ) department means a department as defined in the Financial Administration Act , and includes an agent corporation, as defined in section 83 of that Act, that is named in Part I of Schedule III to that Act; ( ministère ) invention means any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement in any art, process, machine, manufacture or composition of matter; ( invention ) public servant means any person employed in a department, and includes a member of the Canadian Forces or the Royal Canadian Mounted Police. ( fonctionnaire ) R.S., c. P-31, s. 2; 1984, c. 31, s. 14
Public Servants Inventions Act — P-32
appropriate minister , in relation to a public servant, means the minister who under the Financial Administration Act is the appropriate minister with respect to the department in which the public servant is employed; ( ministre compétent )
Public Servants Inventions Act — P-32
department means a department as defined in the Financial Administration Act , and includes an agent corporation, as defined in section 83 of that Act, that is named in Part I of Schedule III to that Act; ( ministère )
Public Servants Inventions Act — P-32
invention means any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement in any art, process, machine, manufacture or composition of matter; ( invention )
Public Servants Inventions Act — P-32
public servant means any person employed in a department, and includes a member of the Canadian Forces or the Royal Canadian Mounted Police. ( fonctionnaire )
Public Servants Inventions Act — P-32 3
Inventions vested in Her Majesty 3 The following inventions, and all rights with respect thereto in Canada or elsewhere, are vested in Her Majesty in right of Canada, namely, (a) an invention made by a public servant while acting within the scope of his duties or employment, or made by a public servant with facilities, equipment or financial aid provided by or on behalf of Her Majesty; and (b) an invention made by a public servant that resulted from or is connected with his duties or employment. R.S., c. P-31, s. 3
Public Servants Inventions Act — P-32 4
Duties of inventor 4 (1) Every public servant who makes an invention (a) shall inform the appropriate minister of the invention and shall provide the minister with such information and documents with respect thereto as the minister requires; (b) shall not file outside Canada an application for a patent in respect of the invention without the written consent of the appropriate minister; and (c) shall, in any application in Canada for a patent in respect of the invention, disclose in his application that he is a public servant. Duties of Commissioner of Patents (2) If it appears to the Commissioner of Patents that an application for a patent relates to an invention made by a public servant, the Commissioner shall inform the appropriate minister of the application and give to the minister such information with respect thereto as the minister requires. R.S., c. P-31, s. 4
Public Servants Inventions Act — P-32 5
Determination of questions 5 (1) Whenever any question arises as to whether an invention is vested in Her Majesty by this Act, the appropriate minister shall determine the question within three months after the question is referred to the minister. Notice (2) The appropriate minister, on determining a question under subsection (1) in respect of an invention, shall forthwith in writing notify the inventor of the determination. Appeal to Federal Court (3) If the appropriate minister determines under subsection (1) that an invention is vested in Her Majesty by this Act, the inventor or any other person claiming an interest in the invention may appeal to the Federal Court within thirty days after the date the inventor or other person is notified of the determination or within such longer period as the appropriate minister may allow. Determination by Federal Court (4) If no determination is made by the appropriate minister within the time specified in subsection (1), the inventor or any other person claiming an interest in the invention may apply to the Federal Court, within thirty days after the expiration of the time specified, to have the question determined. R.S., c. P-31, s. 5; R.S., c. 10(2nd Supp.), s. 64
Public Servants Inventions Act — P-32 6
Application for patent 6 (1) Notwithstanding anything in the Patent Act , the appropriate minister may file an application, naming the inventor, for a patent for an invention vested in Her Majesty by this Act. Patent issued in the name of Her Majesty or as otherwise directed (2) Any patent issued on an application under subsection (1) shall be issued in the name of Her Majesty or as otherwise directed by the appropriate minister. R.S., c. P-31, s. 6
Public Servants Inventions Act — P-32 7
Inventor to execute documents 7 A public servant who has made an invention vested in Her Majesty by this Act shall execute all documents required by the appropriate minister in connection with the filing of an application for a patent for the invention in Canada or elsewhere. R.S., c. P-31, s. 7
Public Servants Inventions Act — P-32 8
Waiver of rights 8 (1) The appropriate minister may on behalf of Her Majesty waive, abandon or transfer all or any of the rights in respect of any invention vested in Her Majesty by this Act or in respect of any invention made or to be made by any public servant, and may execute any instrument to give effect thereto. Restrictions (2) No interest in an invention coming within section 20 or 21 of the Patent Act shall be waived, abandoned or transferred under this section without the approval of the Minister of National Defence, and no interest in an invention coming within section 22 of that Act shall be waived, abandoned or transferred under this section without the approval of the Canadian Nuclear Safety Commission. R.S., 1985, c. P-32, s. 8; 1997, c. 9, s. 116
Public Servants Inventions Act — P-32 9
Administration and control of inventions 9 (1) The administration and control of any invention vested in Her Majesty by this Act and any patent or certificate of supplementary protection issued with respect to the invention are vested in the appropriate minister, and the appropriate minister may transfer that administration and control to any other minister or to any corporate agency of Her Majesty. Development and exploitation (2) The appropriate minister or other minister or agency referred to in subsection (1) may develop and exploit any invention under the administration and control of such minister or agency, as the case may be, and may on behalf of Her Majesty enter into any agreement with any person for such purpose. Authority of Crown agencies (3) Despite anything in its charter or Act of incorporation, an agency to which the administration and control of any invention, patent or certificate of supplementary protection is transferred under this section has the capacity and power to receive, hold, administer, control, develop and exploit the invention, patent or certificate and generally to carry out the provisions of this Act with respect to the invention, patent or certificate. Administration of moneys (4) If the administration and control of any invention or patent has been transferred under this section to a corporate agency of Her Majesty, any money received by the corporate agency in the course of the administration and control of the invention, patent or certificate of supplementary protection may be retained by that corporate agency, and shall be used for the purposes of this Act and the objects and purposes for which the agency was established. R.S., 1985, c. P-32, s. 9; 2017, c. 6, s. 129
Public Servants Inventions Act — P-32 10
Awards 10 Subject to the regulations, the appropriate minister may authorize the payment of an award to a public servant who makes an invention that is vested in Her Majesty by this Act, in such amount as the appropriate minister and the public servant may agree on or as the appropriate minister determines. R.S., c. P-31, s. 10
Public Servants Inventions Act — P-32 11
Offence and punishment 11 Every person who contravenes subsection 4(1) or section 7 is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both. R.S., c. P-31, s. 11
Public Servants Inventions Act — P-32 12
Regulations 12 The Governor in Council may make regulations for carrying out the purposes and provisions of this Act and, without restricting the generality of the foregoing, may make regulations (a) prescribing rules of practice and procedure respecting (i) applications for patents pursuant to this Act, (ii) the determination of questions as to whether an invention is vested in Her Majesty by this Act, and (iii) any appeal or application under this Act to the Federal Court; (b) prescribing the information to be furnished in any application for a patent in respect of an invention made by a public servant; and (c) prescribing the amount of and the method of calculating and determining the awards to be paid under this Act and the manner and time of payment. R.S., c. P-31, s. 12; R.S., c. 10(2nd Supp.), s. 64
Public Servants Inventions Act — P-32 13
Where two ministers concerned 13 (1) Where there are two or more appropriate ministers with respect to any invention, any one of such appropriate ministers may in relation to that invention act as the appropriate minister under this Act. Joint inventions (2) Where an invention is made jointly by a public servant and another person who is not a public servant, this Act applies to the interest of the public servant in the invention. R.S., c. P-31, s. 13
Public Service Employment Act — P-33.01
the public service has contributed to the building of Canada, and will continue to do so in the future while delivering services of highest quality to the public;
Public Service Employment Act — P-33.01
Canada will continue to benefit from a public service that is based on merit and non-partisanship and in which these values are independently safeguarded;
Public Service Employment Act — P-33.01
Canada will also continue to gain from a public service that strives for excellence, that is representative of Canada’s diversity and that is able to serve the public with integrity and in their official language of choice;