March 22, 2004
Ottawa, Ontario

FREQUENTLY ASKED QUESTIONS

Issue:

The Government of Canada has tabled a bill to establish a mechanism for the disclosure of wrongdoing in the public sector and to protect persons who disclose wrongdoing.

This is a substantive bill that protects employees and encourages them to come forward if they have reason to believe that wrongdoing has taken place.

FREQUENTLY ASKED QUESTIONS

Q. What can Canadians expect as a result of this bill?

A. Canadians have every right to expect that their public office holders will act in accordance with the highest ethical standards. The bill balances the need to encourage and support good faith disclosure, while at the same time acknowledging that existing procedures and authorities can effectively handle many issues of reported wrongdoing. The bill is part of the government’s broader campaign to ensure transparency, accountability, financial responsibility and ethical conduct.

Q. What is the government doing to ensure cases of wrongdoing in the federal public sector will be dealt with quickly and fairly?

A. The bill sets out how employees could make a disclosure and what happens with that information:
1. Each deputy minister or chief executive officer in the federal public sector must establish an internal disclosure mechanism including the appointment of a senior officer to take disclosures and investigate possible wrongdoings.
2. To ensure that there is an additional avenue for disclosures when necessary, a Public Sector Integrity Commissioner will be appointed. The commissioner will be independent, appointed by the Governor in Council on approval by both 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 designated by the Governor in Council.
5. The commissioner will have the ability to make reports to ministers of departments or to the boards of Crown corporations when the deputy head or chief executive officer is not responsive to the recommendations. The commissioner may also make special reports to Parliament if needed.

Q. What is the definition of wrongdoing under the proposed legislation?

A. The bill defines wrongdoing as the breaking 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, and an act of reprisal taken as a result of a disclosure made in good faith.

Q. How are public servants to be protected if they disclose a wrongdoing?

A. Public sector employees will be protected from reprisal if they disclose wrongdoing in good faith. Reprisal means any disciplinary measure against a person, including demotion, termination of employment, or the taking of any measure that adversely affect the employment or working conditions of a person or a threat to do any of those things. Reprisal is prohibited under the proposed legislation and is a wrongdoing for which someone can be disciplined, up to and including termination of employment.

Q. What else does the disclosure protection bill do?


A. The bill commits the government to establishing a charter that sets out the values that should guide federal public servants, including deputy heads and chief executive officers. It also requires Treasury Board to develop a code of conduct for the entire federal public sector.

Q. How does the bill differ from the Treasury Board Policy on the Internal Disclosure of Information Concerning Wrongdoing in the Workplace?

A. The proposed legislation will apply to all of the federal public sector. It provides substantial protections in law from reprisal for good faith disclosure and outlines a process for having reprisals dealt with. Federal organizations, deputy heads, CEO’s and employees will be required to cooperate with investigations, provide all relevant information and cannot knowingly make false statements, destroy documents or wilfully obstruct a senior officer or the commissioner in carrying out their duties. The bill also strengthens the confidentiality the commissioner may offer to people making disclosures.

Q. What do public servants do if they believe that they are being asked to commit a wrongdoing or if they believe that a wrongdoing has been committed?

A. A federal public sector employee – including those in Crown corporations – should disclose the matter to his or her supervisor or to the appropriate senior officer. If the legislation is passed and the commissioner has been appointed, there are conditions outlined in which a public servant may disclose a wrongdoing directly to the commissioner (such as if the supervisor has committed the wrongdoing or if the matter has been reported and the employee feels it has not been appropriately addressed).

While the bill is being examined, public servants in the core public service may still disclose wrongdoings either to their senior officer or to the Public Service Integrity Officer.

Q. What would a public servant do if they believe they have suffered reprisal as a result of making a disclosure?

A. Under the proposed legislation, a public servant can make a complaint to the commissioner, or if his findings and recommendations are not accepted, to the 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. If the board or tribunal found that the employee has been subject to reprisal, these boards would have the power to order the employee reinstated in his or her position or receive other restitution such as back pay or the return of financial penalties or fines.

Q. To whom does the proposed legislation apply?

A. The legislation would apply to employees in all parts of the public sector including the heads of each organization and, including Crown corporations. Because of both differing employment status and security concerns, the bill would not apply to the Canadian Security Intelligence Service, the Communications Security Establishment and uniformed members of the RCMP or the Armed Forces. These organizations would however, be required by the bill to establish similar regimes for their members and employees including a code of conduct and reprisal protection.

Q. What are the sanctions for someone who takes reprisal against another employee or who makes a vexatious, bad faith or frivolous disclosure?

A. A public servant who takes reprisal or who makes a disclosure that is frivolous or vexatious or in bad faith is subject to appropriate disciplinary action, including termination of employment.

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