• Asia-Pacific Foundation of Canada

  Fondation Asie-Pacifique du Canada

• Canada Foundation for Innovation

  Fondation canadienne pour l’innovation

• Canada Foundation for Sustainable Development Technology

  Fondation du Canada pour l’appui technologique au développement durable

• Canada Millennium Scholarship Foundation

  Fondation canadienne des bourses d’études du millénaire

• The Pierre Elliott Trudeau Foundation

  La Fondation Pierre-Elliott-Trudeau

• Office of the Information Commissioner

  Commissariat à l’information

• Office of the Privacy Commissioner

  Commissariat à la protection de la vie privée

• (a) Schedule 1 by adding the name of any Crown corporation or other public body;

• Marginal note:Exception

  (4) Subsections (1) and (2) do not apply to a chief executive if he or she declares, after giving notice to the Agency, that it is not practical to apply those subsections given the size of that portion of the public sector.

Marginal note:Duty of chief executives

• 11. (1) Each chief executive must

  • (a) subject to paragraph (c) and any other Act of Parliament and to the principles of procedural fairness and natural justice, protect the identity of persons involved in the disclosure process, including that of persons making disclosures, witnesses and persons alleged to be responsible for wrongdoings;

  • (b) establish procedures to ensure the confidentiality of information collected in relation to disclosures of wrongdoings; and

  • (c) if wrongdoing is found as a result of a disclosure made under section 12, promptly provide public access to information that

    • (i) describes the wrongdoing, including information that could identify the person found to have committed it if it is necessary to identify the person to adequately describe the wrongdoing, and

    • (ii) sets out the recommendations, if any, set out in any report made to the chief executive in relation to the wrongdoing and the corrective action, if any, taken by the chief executive in relation to the wrongdoing or the reasons why no corrective action was taken.

• Marginal note:Exception

  (2) Nothing in paragraph (1)(c) requires a chief executive to provide public access to information the disclosure of which is subject to any restriction created by or under any Act of Parliament.

Marginal note:Disclosure to the Commissioner

• 13. (1) A public servant may disclose information referred to in section 12 to the Commissioner.

COMPLAINTS RELATING TO REPRISALS

Prohibition Against Reprisals

Marginal note:Prohibition against reprisal

19. No person shall take any reprisal against a public servant or direct that one be taken against a public servant.

Complaints

Marginal note:Complaints

• 19.1 (1) A public servant or a former public servant who has reasonable grounds for believing that a reprisal has been taken against him or her may file with the Commissioner a complaint in a form acceptable to the Commissioner. The complaint may also be filed by a person designated by the public servant or former public servant for the purpose.

• Marginal note:Time for making complaint

  (2) The complaint must be filed not later than 60 days after the day on which the complainant knew, or in the Commissioner’s opinion ought to have known, that the reprisal was taken.

• Marginal note:Time extended

  (3) The complaint may be filed after the period referred to in subsection (2) if the Commissioner feels it is appropriate considering the circumstances of the complaint.

• Marginal note:Effect of filing

  (4) Subject to subsection 19.4(4), the filing of a complaint under subsection (1) precludes the complainant from commencing any procedure under any other Act of Parliament or collective agreement in respect of the measure alleged to constitute the reprisal.

• Marginal note:Exception — RCMP

  (5) A member or former member of the Royal Canadian Mounted Police may not make a complaint under subsection (1) in relation to any matter that is the subject of an investigation or proceeding under Part IV or V of the Royal Canadian Mounted Police Act or an investigation or proceeding relating to administrative discharge under the Royal Canadian Mounted Police Regulations, 1988 unless

  • (a) he or she has exhausted every procedure available under that Act or those regulations for dealing with the matter; and

  • (b) the complaint is filed within 60 days after those procedures have been exhausted.

Marginal note:Complaint in respect of past disclosures

• 19.2 (1) A public servant who alleges that a reprisal was taken against him or her by reason that he or she, in good faith, disclosed, after February 10, 2004 and before the day on which section 19.1 comes into force, a wrongdoing in the course of a parliamentary proceeding or an inquiry under Part I of the Inquiries Act may file a complaint under that section in respect of the reprisal.

• Marginal note:Time limit

  (2) The public servant may file the complaint within 60 days after the later of

  • (a) the day on which section 19.1 comes into force, and

  • (b) the day on which he or she knew or, in the opinion of the Commissioner, ought to have known that the reprisal was taken.

Marginal note:Refusal to deal with complaint

• 19.3 (1) The Commissioner may refuse to deal with a complaint if he or she is of the opinion that

  • (a) the subject-matter of the complaint has been adequately dealt with, or could more appropriately be dealt with, according to a procedure provided for under an Act of Parliament, other than this Act, or a collective agreement;

  • (b) if the complainant is a member or former member of the Royal Canadian Mounted Police, the subject-matter of the complaint has been adequately dealt with by the procedures referred to in subsection 19.1(5);

  • (c) the complaint is beyond the jurisdiction of the Commissioner; or

  • (d) the complaint was not made in good faith.

• Marginal note:Restriction

  (2) The Commissioner may not deal with a complaint if a person or body acting under another Act of Parliament or a collective agreement is dealing with the subject-matter of the complaint other than as a law enforcement authority.

• Marginal note:Royal Canadian Mounted Police Act

  (3) For the purpose of subsection (2), a person or body dealing with a matter in the course of an investigation or proceeding under the Royal Canadian Mounted Police Act is deemed not to be dealing with the matter as a law enforcement authority.

• Marginal note:No jurisdiction

  (4) The Commissioner ceases to have ju­risdiction to deal with a complaint filed by a member or former member of the Royal Canadian Mounted Police if an application for judicial review of any decision relating to the procedures referred to in subsection 19.1(5) is made by the member.

Marginal note:Time limit

• 19.4 (1) The Commissioner must decide whether or not to deal with a complaint within 15 days after it is filed.

• Marginal note:Notice — decision to deal with complaint

  (2) If the Commissioner decides to deal with a complaint, he or she must send a written notice of his or her decision to the complainant and to the person or entity that has the authority to take disciplinary action against each person who participated in the taking of a measure alleged by the complainant to constitute a reprisal.

• Marginal note:Reasons — decision not to deal with complaint

  (3) If the Commissioner decides not to deal with a complaint, he or she must send a written notice of his or her decision to the complainant and set out the reasons for the decision.

• Marginal note:Effect of not dealing with complaint

  (4) If the Commissioner decides not to deal with a complaint and sends the complainant a written notice setting out the reasons for that decision,

  • (a) subsection 19.1(4) ceases to apply; and

  • (b) the period of time that begins on the day on which the complaint was filed and ends on the day on which the notice is sent is not to be included in the calculation of any time the complainant has to avail himself or herself of any procedure under any other Act of Parliament or collective agreement in respect of the measure alleged to constitute the reprisal.

• Marginal note:Exception

  (5) Subsection (4) does not apply if the Commissioner has decided not to deal with the complaint for the reason that it was not made in good faith.

Disciplinary Action

Marginal note:Restriction on disciplinary action

• 19.5 (1) If the Commissioner decides to deal with a complaint and sends a written notice under subsection 19.4(2) and no disciplinary action has yet been taken against a person by reason of that person’s participation in the taking of a measure alleged by the complainant to constitute a reprisal, no disciplinary action may be taken during the period referred to in subsection (3) in relation to the person’s participation in the taking of the measure.

• Marginal note:Exception

  (2) Subsection (1) does not apply in respect of disciplinary action taken as a result of a settlement approved by the Commissioner or an order of the Tribunal.

• Marginal note:Period during which no disciplinary action may be taken

  (3) For the purposes of subsection (1), the period during which no disciplinary action may be taken is the period that begins on the day on which the Commissioner sends the notice referred to in subsection 19.4(2) and ends on the earliest of

  • (a) the day on which the complaint is withdrawn or dismissed,

  • (b) the day on which the Commissioner makes an application to the Tribunal for an order referred to in paragraph 20.4(1)(a) in respect of the complaint, and

  • (c) in the case where the Commissioner makes an application to the Tribunal for the orders referred to in paragraph 20.4(1)(b) in respect of the complaint, the day on which the Tribunal makes a determination that the complainant was not subject to a reprisal taken by the person.

• Marginal note:Period not to be included

  (4) If a time limit is provided for under any Act of Parliament or collective agreement for the taking of disciplinary action, the period during which disciplinary action may not be taken against the person by reason of subsection (1) is not to be included in the calculation of the prescribed time limit.

• Marginal note:Application

  (5) This section applies despite Part IV of the Royal Canadian Mounted Police Act.

Marginal note:Suspension of disciplinary action

• 19.6 (1) If the Commissioner decides to deal with a complaint and sends a written notice under subsection 19.4(2) and disciplinary action has already been taken against a person by reason of the person’s participation in the taking of a measure alleged by the complainant to constitute a reprisal

  • (a) the implementation of the disciplinary action — and the commencement or continuation of any procedure in relation to the disciplinary action by the person under any other Act of Parliament or collective agreement — is suspended for the period referred to in subsection (3); and

  • (b) the appropriate chief executive must take the measures necessary to put the person in the situation the person was in before the disciplinary action was implemented.

• Marginal note:Exception

  (2) If the disciplinary action already taken against a person by reason of the person’s participation in the taking of a measure alleged by the complainant to constitute a reprisal has been the subject of a decision of a court, tribunal or arbitrator dealing with it on the merits, other than a decision made under the Royal Canadian Mounted Police Act,

  • (a) subsection (1) does not apply; and

  • (b) neither the Commissioner nor the Tribunal may deal with the issue of disciplinary action against that person.

• Marginal note:Period of suspension

  (3) For the purposes of paragraph (1)(a), the suspension begins on the day on which the Commissioner sends the notice referred to in subsection 19.4(2) and ends on the earliest of

  • (a) the day on which the complaint is withdrawn or dismissed,

  • (b) the day on which the Commissioner makes an application to the Tribunal for an order referred to in paragraph 20.4(1)(a) in respect of the complaint,

  • (c) in the case where the Commissioner makes an application to the Tribunal for the orders referred to in paragraph 20.4(1)(b) in respect of the complaint, the day on which the Tribunal makes a determination that the complainant was not subject to a reprisal taken by the person, and

  • (d) the day on which the disciplinary action is taken as a result of a settlement approved by the Commissioner or an order of the Tribunal.

• Marginal note:Prior disciplinary action cancelled

  (4) Disciplinary action taken as a result of a settlement approved by the Commissioner or an order of the Tribunal cancels any prior disciplinary action.

• Marginal note:Application

  (5) This section applies despite Part IV of the Royal Canadian Mounted Police Act.

Investigations into Complaints

Marginal note:Designation of complaint investigator

• 19.7 (1) The Commissioner may designate a person as an investigator to investigate a complaint.

• Marginal note:Informality

  (2) Investigations into complaints are to be conducted as informally and expeditiously as possible.

Marginal note:Notice to chief executive

• 19.8 (1) When commencing an investigation, the investigator must notify the chief executive concerned and inform that chief executive of the substance of the complaint to which the investigation relates.

• Marginal note:Notice to others

  (2) The investigator may also notify any other person he or she considers appropriate, including every person whose conduct is called into question by the complaint, and inform the person of the substance of the complaint.

Marginal note:Access

• 19.9 (1) If the investigator so requests, chief executives and public servants must provide the investigator with any facilities, assistance, information and access to their respective offices that the investigator may require for the purposes of the investigation.

• Marginal note:Insufficient cooperation

  (2) If the investigator concludes that he or she is unable to complete an investigation because of insufficient cooperation on the part of chief executives or public servants, he or she must make a report to the Commissioner to that effect under section 20.3.

Conciliation

Marginal note:Recommendation — conciliation

• 20. (1) At any time during the course of the investigation into a complaint the investigator may recommend to the Commissioner that a conciliator be appointed to attempt to bring about a settlement.

• Marginal note:Appointment of conciliator

  (2) The Commissioner may appoint a person as a conciliator for the purpose of attempting to bring about a settlement of the complaint.

• Marginal note:Eligibility

  (3) A person is not eligible to act as a conciliator in respect of a complaint if that person has already acted as an investigator in respect of that complaint.

• Marginal note:Confidentiality

  (4) Any information received by a conciliator in the course of attempting to reach a settlement of a complaint is confidential and may not be disclosed except with the consent of the person who gave the information.

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.

Decision After Investigation

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.

Marginal note:Dismissal of complaint

20.5 If, after receipt of the report, the Commissioner is of the opinion that an application to the Tribunal is not warranted in the circumstances, he or she must dismiss the complaint.

Marginal note:Notice

20.6 The Commissioner must notify in writing each of the following of his or her action under section 20.4 or 20.5:

• (a) the complainant;

• (b) if the complainant is a public servant, the complainant’s employer;

• (c) if the complainant is a former public servant, the person or entity who was the complainant’s employer at the time the alleged reprisal was taken;

• (d) the person or persons identified in the investigator’s report as being the person or persons who may have taken the alleged reprisal;

• (e) the person or entity with the authority to take disciplinary action against any person referred to in paragraph (d); and

• (f) every person, other than the complainant, or entity that was sent a notice under subsection 19.4(2) in respect of the complaint.

Public Servants Disclosure Protection Tribunal

Establishment

Marginal note:Establishment

• 20.7 (1) There is established a tribunal to be known as the Public Servants Disclosure Protection Tribunal consisting of a Chairperson and not less than two and not more than six other members to be appointed by the Governor in Council. All of the members must be judges of the Federal Court or a superior court of a province.

• Marginal note:Tenure

  (2) Each member of the Tribunal is to be appointed for a term of not more than seven years and holds office so long as he or she remains a judge.

• Marginal note:Re-appointment

  (3) A member of the Tribunal, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term.

• Marginal note:Temporary members

  (4) Subject to subsection (5), in addition to the members appointed under subsection (1), any judge or former judge of the Federal Court of Canada or the Federal Court or of a superior or district court of a province may, on the request of the Chairperson of the Tribunal made with the approval of the Governor in Council, act as a temporary member of the Tribunal.

• Marginal note:Consent required

  (5) Except in relation to a former judge, no request may be made under subsection (4)

  • (a) to a judge of the Federal Court without the consent of the Chief Justice of that Court or of the Attorney General of Canada; or

  • (b) to a judge of a superior court of a province without the consent of the chief justice or chief judge of that court or of the attorney general of the province.

• Marginal note:Approval of requests by Governor in Council

  (6) The Governor in Council may approve the making of requests under subsection (4) in general terms or for particular periods or purposes, and may limit the number of persons who may act as temporary members of the Tribunal.

• Marginal note:Remuneration of temporary members

  (7) Each temporary member of the Tribunal who is a former judge is to be paid the remuneration determined by the Governor in Council.

• Marginal note:Expenses

  (8) Each member of the Tribunal and each temporary member of the Tribunal is entitled to be paid the expenses fixed by the Governor in Council.

• Marginal note:Acting after expiration of appointment

  (9) A member of the Tribunal whose appointment expires may, with the approval of the Chairperson, conclude any hearing that the member has begun and he or she is deemed to be a temporary member of the Tribunal for the purpose.

Administration

Marginal note:Registry

• 20.8 (1) There shall be a Registry of the Tribunal consisting of an office in the National Capital Region described in the schedule to the National Capital Act.

• Marginal note:Registrar and other staff

  (2) The registrar of the Tribunal and the other officers and employees necessary for the proper conduct of the work of the Tribunal are to be appointed in accordance with the Public Service Employment Act.

• Marginal note:Technical experts

  (3) If requested to do so by the Chairperson, the registrar of the Tribunal may engage persons having technical or special knowledge to assist or advise members of the Tribunal in any matter and may, with the approval of the Treasury Board, fix and pay their remuneration and reimburse their expenses.

Marginal note:Sittings

20.9 The Tribunal may sit at the times and at the places throughout Canada that it considers necessary or desirable for the proper conduct of its business.

Proceedings

Marginal note:Conduct of proceedings

• 21. (1) Proceedings before the Tribunal are to be conducted as informally and expeditiously as the requirements of natural justice and the rules of procedure allow.

• Marginal note:Tribunal rules of procedure

  (2) The Chairperson of the Tribunal may make rules of procedure governing the practice and procedure before the Tribunal, including, but not limited to, rules governing

  • (a) the giving of notices to parties;

  • (b) the addition of parties and interested persons to the proceedings;

  • (c) the summoning of witnesses;

  • (d) the production and service of documents;

  • (e) discovery proceedings; and

  • (f) pre-hearing conferences.

• Marginal note:RCMP

  (3) The Chairperson must consult with the Royal Canadian Mounted Police before making any rules and must ensure that the rules take that organization’s security and confidentiality needs into account.

• Marginal note:Publication of proposed rules

  (4) A copy of each rule that the Chairperson proposes to make must be published in the Canada Gazette, and a reasonable opportunity must be given to interested persons to make representations with respect to it.

• Marginal note:Exception

  (5) A proposed rule need not be published more than once, whether or not it has been amended as a result of any representations.

Applications by Commissioner

Marginal note:Assignment of member or members

• 21.1 (1) On receipt of an application made by the Commissioner under subsection 20.4(1) the Chairperson of the Tribunal must assign a member of the Tribunal to deal with the application, but the Chairperson may assign a panel of three members if he or she considers that the complexity of the matter requires that it be dealt with by three members. Every decision of the member or panel is a decision of the Tribunal.

• Marginal note:Chair of panel

  (2) If a panel of three members has been assigned, the Chairperson must designate one of them to chair the proceedings, but the Chairperson must chair the proceedings if he or she is a member of the panel.

Marginal note:Powers

• 21.2 (1) The member or panel may

  • (a) in the same manner and to the same extent as a superior court of record, summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce any documents and things that the member or panel considers necessary for the full hearing and consideration of the application;

  • (b) administer oaths;

  • (c) subject to subsection (2), receive and accept any evidence and other information, whether on oath or by affidavit or otherwise, that the member or panel sees fit, whether or not that evidence or information is or would be admissible in a court of law;

  • (d) lengthen or shorten any time limit established by the rules of procedure; and

  • (e) decide any procedural or evidentiary question.

• Marginal note:Conciliators as witnesses

  (2) A conciliator appointed to settle the complaint is not a competent or compellable witness at a hearing.

• Marginal note:Witness fees

  (3) Any person summoned to attend a hearing is entitled, at the discretion of the member or panel, to receive the same fees and allowances as those paid to persons summoned to attend before the Federal Court.

Marginal note:Hearing may be in camera

21.3 A hearing before the Tribunal may be held in camera at the request of any party if the party establishes to the satisfaction of the Tribunal that the circumstances of the case so require.

Marginal note:Determination — paragraph 20.4(1)(a)

• 21.4 (1) On application made by the Commissioner for an order referred to in paragraph 20.4(1)(a) the Tribunal must determine whether the complainant has been subject to a reprisal and, if it so determines, the Tribunal may make an order granting a remedy to the complainant.

• Marginal note:Parties

  (2) The parties in respect of the application are the Commissioner and

  • (a) the complainant;

  • (b) if the complainant is a public servant, the complainant’s employer; and

  • (c) if the complainant is a former public servant, the person or entity who was the complainant’s employer at the time the alleged reprisal was taken.

• Marginal note:Addition of party

  (3) If the Tribunal is of the opinion that a person who has been identified as being a person who may have taken the alleged reprisal may be directly affected by a determination of the Tribunal, the Tribunal may add that person as a party.

Marginal note:Determination — paragraph 20.4(1)(b)

• 21.5 (1) On application made by the Commissioner for the orders referred to in paragraph 20.4(1)(b) the Tribunal must determine whether the complainant has been subject to a reprisal and whether the person or persons identified by the Commissioner in the application as having taken the alleged reprisal actually took it. If it determines that a reprisal was taken, the Tribunal may, regardless of whether or not it has determined that the reprisal was taken by the person or persons named in the application, make an order granting a remedy to the complainant.

• Marginal note:Parties

  (2) The parties in respect of proceedings held for the purpose of subsection (1) are the Commissioner and

  • (a) the complainant;

  • (b) if the complainant is a public servant, the complainant’s employer;

  • (c) if the complainant is a former public servant, the person or entity who was the complainant’s employer at the time the alleged reprisal was taken; and

  • (d) the person or persons identified in the application as being the person or persons who may have taken the alleged reprisal.

• Marginal note:Reasons

  (3) The Tribunal must issue written reasons for its decisions under subsection (1) as soon as possible.

• Marginal note:Order respecting disciplinary action

  (4) After issuing the reasons under subsection (3), the Tribunal may make an order respecting the disciplinary action to be taken against any person who was determined by it to have taken the reprisal.

• Marginal note:Parties

  (5) The parties in respect of proceedings held for the purpose of subsection (4) are the Commissioner, the person against whom the disciplinary action would be taken and, for the purpose of making submissions regarding disciplinary action on behalf of the person or entity who would be required to implement the order if it were made, any person designated by the Tribunal.

Marginal note:Rights of parties

• 21.6 (1) Every party must be given a full and ample opportunity to participate at any proceedings before the Tribunal — including, but not limited to, by appearing at any hearing, by presenting evidence and by making representations — and to be assisted or represented by counsel, or by any person, for that purpose.

• Marginal note:Duty of Commissioner

  (2) The Commissioner must, in proceedings before the Tribunal, adopt the position that, in his or her opinion, is in the public interest having regard to the nature of the complaint.

• Marginal note:Limitation — proceedings relating to remedy

  (3) With respect to the portions of proceedings that relate solely to the remedy, if any, to be ordered in favour of the complainant, the Tribunal may, despite subsection (1), limit the participation of any person or persons identified as being the person or persons who may have taken the alleged reprisal.

Marginal note:Remedies

• 21.7 (1) To provide an appropriate remedy to the complainant, the Tribunal may, by order, require the employer or the appropriate chief executive, or any person acting on their behalf, to take all necessary measures to

  • (a) permit the complainant to return to his or her duties;

  • (b) reinstate the complainant or pay compensation to the complainant in lieu of reinstatement if, in the Tribunal’s opinion, the relationship of trust between the parties cannot be restored;

  • (c) pay to the complainant compensation in an amount not greater than the amount that, in the Tribunal’s opinion, is equivalent to the remuneration that would, but for the reprisal, have been paid to the complainant;

  • (d) rescind any measure or action, including any disciplinary action, and pay compensation to the complainant in an amount not greater than the amount that, in the Tribunal’s opinion, is equivalent to any financial or other penalty imposed on the complainant;

  • (e) pay to the complainant an amount equal to any expenses and any other financial losses incurred by the complainant as a direct result of the reprisal; or

  • (f) compensate the complainant, by an amount of not more than $10,000, for any pain and suffering that the complainant experienced as a result of the reprisal.

• Marginal note:Royal Canadian Mounted Police Act

  (2) The Tribunal may make an order under subsection (1) in relation to a member of the Royal Canadian Mounted Police despite subsections 42(4) and (6), 45.16(7) and 45.26(6) of the Royal Canadian Mounted Police Act.

Marginal note:Disciplinary action

• 21.8 (1) The Tribunal may, by order, require the Governor in Council, the employer or the appropriate chief executive, or any person acting on their behalf, to take all necessary measures to take the disciplinary action, including termination of employment or revocation of appointment, specified by the Tribunal against any person named in the application who was determined by it to have taken the reprisal.

• Marginal note:Factors

  (2) In making the order the Tribunal must take into account the factors ordinarily considered by employers when they discipline their employees, including, but not limited to,

  • (a) the gravity of the reprisal;

  • (b) the level of responsibility inherent in the position that the person occupies;

  • (c) the person’s previous employment record;

  • (d) whether the reprisal was an isolated incident;

  • (e) the person’s rehabilitative potential; and

  • (f) the deterrent effect of the disciplinary action.

• Marginal note:Additional factors

  (3) In making the order the Tribunal must also take into account

  • (a) the extent to which the nature of the reprisal discourages the disclosure of wrongdoing under this Act; and

  • (b) the extent to which inadequate discipli­nary action in relation to the reprisal would have an adverse effect on confidence in public institutions.

• Marginal note:Grievance precluded

  (4) The person against whom disciplinary action is taken as a result of an order made under subsection (1) may not initiate a griev­ance or other similar procedure under an Act of Parliament or a collective agreement in respect of the disciplinary action.

• Marginal note:Restriction — RCMP

  (5) The disciplinary action that the Tribunal may order with respect to a member of the Royal Canadian Mounted Police is limited to a disciplinary action referred to in subsection 41(1), or a sanction referred to in subsection 45.12(3), of the Royal Canadian Mounted Police Act, or any combination of them.

• Marginal note:Royal Canadian Mounted Police Act

  (6) The Tribunal may make an order under subsection (1) in relation to a member of the Royal Canadian Mounted Police despite subsections 42(4) and (6), 45.16(7) and 45.26(6) of the Royal Canadian Mounted Police Act.

• Marginal note:Royal Canadian Mounted Police Act

  (7) An order made under subsection (1) in relation to a member of the Royal Canadian Mounted Police may be implemented by the Governor in Council or Commissioner of the Royal Canadian Mounted Police despite subsection 12(2) and Part IV of the Royal Canadian Mounted Police Act.

Marginal note:Filing of orders in Federal Court

• 21.9 (1) The Commissioner must, on the request in writing of any person or employer affected by any order of the Tribunal, file a certified copy of the order, exclusive of the reasons for the order, in the Federal Court, unless, in his or her opinion,

  • (a) there is no indication of failure or likelihood of failure to comply with the order; or

  • (b) there is other good reason why the filing of the order in the Federal Court would serve no useful purpose.

• Marginal note:Effect of filing

  (2) An order of the Tribunal becomes an order of the Federal Court when a certified copy of the order is filed in that court, and it may subsequently be enforced as such.