Marginal note:False statements

40. No person shall, in a disclosure of a wrongdoing or in the course of any investigation under this Act, knowingly make a false or misleading statement, either orally or in writing, to a supervisor, a senior officer, the Commissioner or a person acting on behalf of or under the direction of any of them.

Marginal note:Obstruction

41. No person shall wilfully obstruct a senior officer or the Commissioner, or any person acting on behalf of or under the direction of a senior officer or the Commissioner, in the performance of the senior officer’s, or the Commissioner’s, as the case may be, duties under this Act.

Marginal note:Destroying documents and things, etc.

42. No person knowing that a document or thing is likely to be relevant to an investigation under this Act shall

• (a) destroy, mutilate or alter the document or thing;

• (b) falsify the document or make a false document;

• (c) conceal the document or thing; or

• (d) direct, counsel or cause, in any manner, any person to do anything mentioned in any of paragraphs (a) to (c), or propose, in any manner, to any person that they do anything mentioned in any of those paragraphs.

Marginal note:Prohibition — employer

• 42.1 (1) No employer shall take any of the following measures against an employee by reason only that the employee has, in good faith and on the basis of reasonable belief, provided information concerning an alleged wrongdoing in the public sector to the Commissioner or, if the alleged wrongdoing relates to the Office of the Public Sector Integrity Commissioner, to the Auditor General of Canada — or by reason only that the employer believes that the employee will do so:

  • (a) take a disciplinary measure against the employee;

  • (b) demote the employee;

  • (c) terminate the employment of the employee;

  • (d) take any measure that adversely affects the employment or working conditions of the employee; or

  • (e) threaten to take any measure referred to in paragraphs (a) to (d).

• Marginal note:Saving

  (2) Nothing in subsection (1) impairs any right of an employee either at law or under an employment contract or collective agreement.

• Meaning of “employer”

  (3) For the purpose of subsection (1), “employer” does not include an employer in the public sector.

Marginal note:Prohibition — termination of contract or withholding of payments

• 42.2 (1) A public servant or any person purporting to act on behalf of Her Majesty in right of Canada or a portion of the public sector shall not terminate any contract with Her Majesty in right of Canada or any portion of the public sector, or withhold any payment that is due and payable in respect of any such contract, by reason only that the other party to the contract or any of that other party’s employees has, in good faith and on the basis of reasonable belief, provided information concerning an alleged wrongdoing in the public sector to the Commissioner or, if the alleged wrongdoing relates to the Office of the Public Sector Integrity Commissioner, to the Auditor General of Canada.

• Marginal note:Prohibition — entering into contract

  (2) A public servant or any person purporting to act on behalf of Her Majesty in right of Canada or a portion of the public sector shall not, in considering whether to enter into a contract with a person, take into account that the person or any of the person’s employees has, in the past, in good faith and on the basis of reasonable belief, provided information concerning an alleged wrongdoing in the public sector to the Commissioner or, if the alleged wrongdoing relates to the Office of the Public Sector Integrity Commissioner, to the Auditor General of Canada.

• Meaning of “contract”

  (3) In this section, “contract” includes, but is not limited to, an agreement for the supply of goods or the provision of services, an agreement relating to real property or immoveables, a loan, a grant and a contribution, but does not include an agreement by a public servant, or by a person appointed by the Governor in Council or by a minister of the Crown, to perform the duties to which their employment or appointment relates.