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

Assented to 2005-11-25

TRANSITIONAL

Marginal note:Continuation

54.3 Disclosures under the Treasury Board Policy on the Internal Disclosure of Information Concerning Wrongdoing in the Workplace that are being dealt with on the coming into force of this section are to be continued as though they had been made under this Act.

CONSEQUENTIAL AMENDMENTS

R.S., c. A-1Access to Information Act

55. Section 16 of the Access to Information Act is amended by adding the following after subsection (1):

  • Marginal note:Public Servants Disclosure Protection Act

    (1.1) If the record came into existence less than five years before the request, the head of a government institution may refuse to disclose any record requested under this Act that contains information

    • (a) prepared in relation to or as a result of a disclosure or an investigation under the Public Servants Disclosure Protection Act; or

    • (b) obtained by a supervisor or a senior officer designated under subsection 10(2) of that Act, or by the Public Sector Integrity Commissioner, in relation to or as a result of a disclosure or an investigation under that Act, if the information identifies, or could reasonably be expected to lead to the identification of, a public servant who made a disclosure under that Act or who cooperated in an investigation under that Act.

R.S., c. C-5Canada Evidence Act

56. The schedule to the Canada Evidence Act is amended by adding the following after item 19:

2000, c. 5Personal Information Protection and Electronic Documents Act

57. Subsection 9(3) of the Personal Information Protection and Electronic Documents Act is amended by striking out the word “or” at the end of paragraph (c.1), by adding the word “or” at the end of paragraph (d) and by adding the following after paragraph (d):

  • (e) the information came into existence less than five years before it is requested and the information was

  • (i) prepared in relation to or as a result of a disclosure or an investigation under the Public Servants Disclosure Protection Act; or

  • (ii) collected or used by a supervisor or a senior officer designated under subsection 10(2) of that Act, or by the Public Sector Integrity Commissioner, in relation to or as a result of a disclosure or an investigation under that Act, if the information identifies, or could reasonably be expected to lead to the identification of, a public servant who made a disclosure under that Act or who cooperated in an investigation under that Act.

R.S., c. P-21Privacy Act

58. Section 22 of the Privacy Act is amended by adding the following after subsection (1):

  • Marginal note:Public Servants Disclosure Protection Act

    (1.1) If the information came into existence less than five years before the request, the head of a government institution may refuse to disclose any personal information requested under subsection 12(1) that was

    • (a) prepared in relation to or as a result of a disclosure or an investigation under the Public Servants Disclosure Protection Act; or

    • (b) obtained by a supervisor or a senior officer designated under subsection 10(2) of that Act, or by the Public Sector Integrity Commissioner, in relation to or as a result of a disclosure or an investigation under that Act, if the information identifies, or could reasonably be expected to lead to the identification of, a public servant who made a disclosure under that Act or who cooperated in an investigation under that Act.

58.1 The schedule to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

  • Office of the Public Sector Integrity Commissioner

    Commissariat à l’intégrité du secteur public

COORDINATING AMENDMENTS

Marginal note:2003, c. 22

  • 59. (1) On the later of the coming into force of section 2 of the Public Service Modernization Act and the coming into force of subsection 20(1) of this Act,

    • (a) paragraph 20(1)(b) of this Act is replaced by the following:

      • (b) in relation to any other public servant who is employed in any portion of the public sector referred to in Schedule I, IV or V to the Financial Administration Act or a person whose complaint relates to a reprisal taken while he or she was so employed, the Public Service Labour Relations Board; and

    • (b) paragraph 51(a) of this Act is replaced by the following:

  • Marginal note:2003, c. 22

    (2) On the later of the coming into force of section 11 of the Public Service Modernization Act and the coming into force of section 2 of this Act, the definition “public sector” in section 2 of this Act is replaced by the following:

    “public sector”

    « secteur public »

    “public sector” means

    • (a) the departments named in Schedule I to the Financial Administration Act and the other portions of the federal public administration named in Schedules I.1 to V to that Act; and

    • (b) the Crown corporations and the other public bodies set out in Schedule 1.

    However, subject to sections 52 and 53, “public sector” does not include the Canadian Forces, the Canadian Security Intelligence Service or the Communications Security Establishment.

  • Marginal note:2003, c. 22

    (3) On the later of the coming into force of section 224 of the Public Service Modernization Act and the coming into force of section 1 of this Act, the reference to “public service of Canada” in the preamble of the English version of this Act is replaced by a reference to “federal public administration”.

COMING INTO FORCE

Marginal note:Order in council

  • 60. (1) Subject to subsection (2), the provisions of this Act, other than section 59, come into force on a day or days to be fixed by order of the Governor in Council.

  • Marginal note:Canada Pension Plan Investment Board

    (2) The reference to the “Canada Pension Plan Investment Board” in Schedule 1 comes into force, in accordance with subsection 114(4) of the Canada Pension Plan, on a day to be fixed by order of the Governor in Council .

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