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Public Servants Disclosure Protection Act (S.C. 2005, c. 46)

Act current to 2022-09-22 and last amended on 2022-07-26. Previous Versions

General (continued)

Marginal note:Judicial review

  •  (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.

  • Marginal note: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

Marginal note:Authority to act for Commissioner of the Royal Canadian Mounted Police

 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

Excluded Organizations

Marginal note:Obligation of excluded organizations

 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.

Marginal note:Order to make provisions of Act applicable

 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.

Five-year Review

Marginal note:Review

 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

Transitional

 [Repealed, 2010, c. 12, s. 1681]

 [Repealed, 2010, c. 12, s. 1681]

Marginal note:Continuation

 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.

Consequential Amendments

Access to Information Act

 [Amendment]

 [Amendment]

Canada Evidence Act

 [Amendment]

Federal Courts Act

 [Amendment]

Financial Administration Act

 [Amendment]

 [Amendment]

 [Amendment]

Official Languages Act

 [Amendment]

Personal Information Protection and Electronic Documents Act

 [Amendment]

Privacy Act

 [Amendment]

 [Amendment]

Coordinating Amendments

  •  (1) [Repealed, 2006, c. 9, s. 225]

  • (2) and (3) [Amendments]

Coming into Force

Marginal note:Order in council

  •  Footnote *(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.

    • Return to footnote *[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.]

  • Marginal note:Canada Pension Plan Investment Board

    Footnote *(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 .

    • Return to footnote *[Note: The reference to the “Canada Pension Plan Investment Board” in Schedule 1 repealed before coming into force, see 2008, c. 20, s. 3.]

 
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