Public Servants Disclosure Protection Act (S.C. 2005, c. 46)
Full Document:
Act current to 2012-05-02 and last amended on 2012-03-16. Previous Versions
Public Servants Disclosure Protection Act
S.C. 2005, c. 46
Assented to 2005-11-25
An Act to establish a procedure for the disclosure of wrongdoings in the public sector, including the protection of persons who disclose the wrongdoings
Preamble
Recognizing that
the federal public administration is an important national institution and is part of the essential framework of Canadian parliamentary democracy;
it is in the public interest to maintain and enhance public confidence in the integrity of public servants;
confidence in public institutions can be enhanced by establishing effective procedures for the disclosure of wrongdoings and for protecting public servants who disclose wrongdoings, and by establishing a code of conduct for the public sector;
public servants owe a duty of loyalty to their employer and enjoy the right to freedom of expression as guaranteed by the Canadian Charter of Rights and Freedoms and that this Act strives to achieve an appropriate balance between those two important principles;
the Government of Canada commits to establishing a Charter of Values of Public Service setting out the values that should guide public servants in their work and professional conduct;
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Public Servants Disclosure Protection Act.
INTERPRETATION
Marginal note:Definitions
2. (1) The following definitions apply in this Act.
- “Agency”
“Agency”[Repealed, 2010, c. 12, s. 1678]
“chief executive”
« administrateur général »
“chief executive” means the deputy head or chief executive officer of any portion of the public sector, or the person who occupies any other similar position, however called, in the public sector.
“Commissioner”
« commissaire »
“Commissioner” means the Public Sector Integrity Commissioner appointed under subsection 39(1).
“investigation”
« enquête »
“investigation” means, for the purposes of sections 24, 25, 26 to 31, 33, 34, 36 and 37, an investigation into a disclosure and an investigation commenced under section 33.
“member of the Royal Canadian Mounted Police”
« membre de la Gendarmerie royale du Canada »
“member of the Royal Canadian Mounted Police” means a person who is a member or a special constable of the Royal Canadian Mounted Police or who is employed by that force under terms and conditions substantially the same as those of one of its members.
- “Minister”
“Minister”[Repealed, 2010, c. 12, s. 1678]
“protected disclosure”
« divulgation protégée »
“protected disclosure” means a disclosure that is made in good faith and that is made by a public servant
(a) in accordance with this Act;
(b) in the course of a parliamentary proceeding;
(c) in the course of a procedure established under any other Act of Parliament; or
(d) when lawfully required to do so.
“public sector”
« secteur public »
“public sector” means
(a) the departments named in Schedule I to the Financial Administration Act and the other portions of the federal public administration named in Schedules I.1 to V to that Act; and
(b) the Crown corporations and the other public bodies set out in Schedule 1.
However, subject to sections 52 and 53, “public sector” does not include the Canadian Forces, the Canadian Security Intelligence Service or the Communications Security Establishment.
“public servant”
« fonctionnaire »
“public servant” means every person employed in the public sector, every member of the Royal Canadian Mounted Police and every chief executive.
“reprisal”
« représailles »
“reprisal”means any of the following measures taken against a public servant because the public servant has made a protected disclosure or has, in good faith, cooperated in an investigation into a disclosure or an investigation commenced under section 33:
(a) a disciplinary measure;
(b) the demotion of the public servant;
(c) the termination of employment of the public servant, including, in the case of a member of the Royal Canadian Mounted Police, a discharge or dismissal;
(d) any measure that adversely affects the employment or working conditions of the public servant; and
(e) a threat to take any of the measures referred to in any of paragraphs (a) to (d).
“senior officer”
« agent supérieur »
“senior officer” means a senior officer designated under subsection 10(2).
“Tribunal”
« Tribunal »
“Tribunal” means the Public Servants Disclosure Protection Tribunal established under subsection 20.7(1).
“wrongdoing”
« acte répréhensible »
“wrongdoing” means a wrongdoing referred to in section 8.
Marginal note:Taking a reprisal
(2) Every reference in this Act to a person who has taken a reprisal includes a person who has directed the reprisal to be taken.
- 2005, c. 46, ss. 2, 59;
- 2006, c. 9, s. 194;
- 2010, c. 12, s. 1678.