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

Marginal note:Who may settle — remedy

• 20.1 (1) A settlement that relates to the remedy to be provided to the complainant must be agreed to by the complainant and the person with the authority to implement the remedy.

• Marginal note:Who may settle — disciplinary action

  (2) A settlement that relates to the disciplinary action, if any, that is to be imposed on a person identified by the investigator as being the person or one of the persons who took the alleged reprisal must be agreed to by the person identified by the investigator and the person with the authority to take the disciplinary action.

Marginal note:Referral of a settlement to Commissioner

• 20.2 (1) The terms of a settlement must be referred to the Commissioner for approval or rejection and the Commissioner must, without delay after approving or rejecting them, so certify and notify the parties to the settlement.

• Marginal note:Complaint dismissed

  (2) If the Commissioner approves a settlement that relates to the remedy to be provided to the complainant, the complaint to which it relates is dismissed.

• Marginal note:Application barred

  (3) If the Commissioner approves a settlement that relates to disciplinary action, if any, that is to be imposed on a person, the Commissioner may not apply to the Tribunal for an order referred to in paragraph 20.4(1)(b) in respect of the person.

• Marginal note:Enforcement of settlement

  (4) A settlement approved by the Commissioner may, for the purpose of enforcement, be made an order of the Federal Court on application to that Court by the Commissioner or a party to the settlement.

Marginal note:Investigator’s report to Commissioner

20.3 As soon as possible after the conclusion of the investigation, the investigator must submit a report of his or her findings to the Commissioner.

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.