Public Servants Disclosure Protection Act

Marginal note:Annual report

• 38 (1) Within three months after the end of each financial year, the Commissioner must prepare an annual report in respect of the activities of the Commissioner during that financial year.

• Marginal note:Content

  (2) The annual report must set out

  • (a) the number of general inquiries relating to this Act;

  • (b) the number of disclosures received and complaints made in relation to reprisals, and the number of them that were acted on and those that were not acted on;

  • (c) the number of investigations commenced under this Act;

  • (d) the number of recommendations that the Commissioner has made and their status;

  • (d.1) in relation to complaints made in relation to reprisals, the number of settlements, applications to the Tribunal and decisions to dismiss them;

  • (e) whether there are any systemic problems that give rise to wrongdoings;

  • (f) any recommendations for improvement that the Commissioner considers appropriate; and

  • (g) any other matter that the Commissioner considers necessary.

• Marginal note:Special report

  (3) The Commissioner may, at any time, prepare a special report referring to and commenting on any matter within the scope of his or her powers and duties under this Act if, in his or her opinion, the matter is of such urgency or importance that a report on it should not be deferred until the time provided for the submission of the annual report.

• Marginal note:Case report

  (3.1) If the Commissioner makes a report to a chief executive in respect of an investigation into a disclosure or an investigation commenced under section 33 and there is a finding of wrongdoing in the report, the Commissioner must, within 60 days after making the report, prepare a case report setting out

  • (a) the finding of wrongdoing;

  • (b) the recommendations, if any, set out in the report made to the chief executive;

  • (c) the time, if any, that was specified in the report to the chief executive for the chief executive to provide the notice referred to in section 36;

  • (d) the Commissioner’s opinion as to whether the chief executive’s response to the report to the chief executive, up to that point in time, is satisfactory; and

  • (e) the chief executive’s written comments, if any.

• Marginal note:Opportunity to make representations

  (3.2) Before making a case report, the Commissioner must provide the chief executive with a reasonable opportunity to make written comments.

• Marginal note:Tabling of report

  (3.3) Within the period referred to in subsection (1) for the annual report and the period referred to in subsection (3.1) for a case report, and at any time for a special report, the Commissioner shall submit the report to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides forthwith after receiving it or, if that House is not then sitting, on any of the first fifteen days on which that House is sitting after the Speaker receives it.

• Marginal note:Referral to Committee

  (4) After it is tabled, every report the Commissioner stands referred to the committee of the Senate, the House of Commons or both Houses of Parliament that may be designated or established for the purpose of reviewing the Commissioner’s reports.

• (5) [Repealed, 2006, c. 9, s. 210]