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Public Servants Disclosure Protection Bill
March 22, 2004
Ottawa, Ontario
BACKGROUNDER
The Government of Canada is introducing this bill to encourage public servants to come forward if they have reason to believe that serious wrongdoing has taken place and to provide protection to them against reprisal when they do so. The following are the key elements of the bill:
Preamble: The Public Service of Canada is an important national institution. Through this bill, Parliament declares its intention to strengthen the integrity of the federal public service, including Crown corporations. The legislation commits the government to establishing a charter for the entire public sector that will set out the values that should guide public servants in their work and professional conduct.
Code of Conduct: The bill requires Treasury Board to establish a code of conduct for the federal public sector. However, chief executives of federal departments and organizations may go further and establish their own codes that are consistent with the Treasury Board code but adapted to the needs of their organizations.
Definition of Wrongdoing: The bill describes wrongdoing as: the contravention of relevant laws, the misuse of public funds or assets, gross mismanagement in the federal public sector, a serious breach of a code of conduct; an act or omission that creates a substantial and specific danger to the life, health and safety of Canadians or the environment or an act of reprisal taken as a result of a disclosure made in good faith.
Definition of Reprisal: Reprisal is defined to mean any disciplinary measure taken against a person because he or she has made a disclosure of wrongdoing in good faith, including the demotion of the person, termination of employment, or the taking of any measure that adversely affects the employment or working conditions of a person or a threat to do any of those things.
Reprisal protection: Reprisal complaints can be investigated by the commissioner and can be dealt with by the appropriate board or tribunal that already has a mandate to address staff relations and workplace issues. For example, the Public Service Staff Relations Board deals with complaints for the federal public service, while the Canada Industrial Relations Board handles cases for Crown corporations.
Disclosure Regime:
1. Each chief executive officer in the federal public sector must establish an internal disclosure mechanism.
2. A Public Sector Integrity Commissioner will be appointed by the Governor in Council for a term of seven years on approval by resolution of the Senate and the House of Commons.
3. The Commissioner will be able to investigate alleged wrongdoings and make recommendations to chief executives and deputy heads on his or her findings.
4. The Commissioner will report to Parliament through a minister to be designated by the Governor in Council.
Confidentiality: Chief executive officers and the Commissioner are responsible for protecting the identity of persons involved in the disclosure process and the confidentiality of information collected in relation to disclosures, in accordance with other applicable acts of Parliament and in a manner that ensures that the rights to procedural fairness and natural justice of all persons involved in investigations are respected.
Bad faith disclosure: Public servants who make frivolous, vexatious or bad faith disclosures could be subject to appropriate disciplinary action.
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