Public Servants Disclosure Protection Act

Marginal note: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.

• Marginal note: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.

• Marginal note: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.