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

Act current to 2013-04-29 and last amended on 2012-03-16. Previous Versions

Marginal note:Judicial review
  •  (1) For the purposes of section 18.1 of the Federal Courts Act,

    • (a) a public servant who has made a disclosure to the Commissioner under section 13 is deemed to be directly affected by any report made by the Commissioner in relation to the disclosure;

    • (b) a public servant or former public servant who files a complaint under subsection 19.1(1) is deemed to be directly affected by a decision of the Commissioner to refuse to deal with or to dismiss the complaint; and

    • (c) a party to a proceeding before the Tribunal is deemed to be directly affected by a decision of the Tribunal in relation to that proceeding.

  • Marginal note:Rights of action

    (2) Nothing in this Act affects any right of action that a public servant may otherwise have in relation to any act or omission giving rise to a dispute that does not relate to his or her terms or conditions of employment.

  • 2006, c. 9, s. 219.
Marginal note:Authority to act for Commissioner of the Royal Canadian Mounted Police

 The Commissioner of the Royal Canadian Mounted Police may authorize a Deputy or Assistant Commissioner of the Royal Canadian Mounted Police to exercise the powers or perform the duties and functions of the Commissioner of the Royal Canadian Mounted Police as a chief executive in respect of section 11, subsection 19.4(2), paragraph 19.6(1)(b), subsections 19.8(1) and 19.9(1), paragraphs 22(g) and (h), subsections 26(1), 27(1) and (3), 28(1) and 29(3) and sections 36 and 50.

  • 2006, c. 9, s. 219.

EXCLUDED ORGANIZATIONS

Marginal note:Obligation of excluded organizations

 As soon as possible after the coming into force of this section, the person responsible for each organization that is excluded from the definition of “public sector” in section 2 must establish procedures, applicable to that organization, for the disclosure of wrongdoings, including the protection of persons who disclose the wrongdoings. Those procedures must, in the opinion of the Treasury Board, be similar to those set out in this Act.

Marginal note:Order to make provisions of Act applicable

 The Governor in Council may, by order, direct that any provision of this Act applies, with any modifications that may be specified in the order, in respect of any organization that is excluded from the definition of “public sector” in section 2.

FIVE-YEAR REVIEW

Marginal note:Review

 Five years after this section comes into force, the President of the Treasury Board must cause to be conducted an independent review of this Act, and its administration and operation, and must cause a report on the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the review is completed.

  • 2005, c. 46, s. 54;
  • 2010, c. 12, s. 1682.