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Public Servants Disclosure Protection Act

Version of section 2 from 2006-12-12 to 2007-04-14:

The following provision is not in force.

Marginal note:Definitions

  •  (1) The following definitions apply in this Act.

    Agency

    Agence

    Agency means the Public Service Human Resources Management Agency of Canada. (Agence)

    chief executive

    administrateur général

    chief executive means the deputy head or chief executive officer of any portion of the public sector, or the person who occupies any other similar position, however called, in the public sector. (administrateur général)

    Commissioner

    commissaire

    Commissioner means the Public Sector Integrity Commissioner appointed under subsection 39(1). (commissaire)

    investigation

    enquête

    investigation means, for the purposes of sections 24, 25, 26 to 31, 33, 34, 36 and 37, an investigation into a disclosure and an investigation commenced under section 33. (enquête)

    member of the Royal Canadian Mounted Police

    membre de la Gendarmerie royale du Canada

    member of the Royal Canadian Mounted Police means a person who is a member or a special constable of the Royal Canadian Mounted Police or who is employed by that force under terms and conditions substantially the same as those of one of its members. (membre de la Gendarmerie royale du Canada)

    Minister

    ministre

    Minister means, in respect of sections 4, 5, 38.1 and 54, the Minister responsible for the Agency. (ministre)

    protected disclosure

    divulgation protégée

    protected disclosure means a disclosure that is made in good faith and that is made by a public servant

    • (a) in accordance with this Act;

    • (b) in the course of a parliamentary proceeding;

    • (c) in the course of a procedure established under any other Act of Parliament; or

    • (d) when lawfully required to do so. (divulgation protégée)

    public sector

    secteur public

    public sector means

    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. (secteur public)

    public servant

    fonctionnaire

    public servant means every person employed in the public sector, every member of the Royal Canadian Mounted Police and every chief executive. (fonctionnaire)

    reprisal

    représailles

    reprisalmeans any of the following measures taken against a public servant because the public servant has made a protected disclosure or has, in good faith, cooperated in an investigation into a disclosure or an investigation commenced under section 33:

    • (a) a disciplinary measure;

    • (b) the demotion of the public servant;

    • (c) the termination of employment of the public servant, including, in the case of a member of the Royal Canadian Mounted Police, a discharge or dismissal;

    • (d) any measure that adversely affects the employment or working conditions of the public servant; and

    • (e) a threat to take any of the measures referred to in any of paragraphs (a) to (d). (représailles)

    senior officer

    agent supérieur

    senior officer means a senior officer designated under subsection 10(2). (agent supérieur)

    Tribunal

    Tribunal

    Tribunal means the Public Servants Disclosure Protection Tribunal established under subsection 20.7(1). (Tribunal)

    wrongdoing

    acte répréhensible

    wrongdoing means a wrongdoing referred to in section 8. (acte répréhensible)

  • Marginal note:Taking a reprisal

    (2) Every reference in this Act to a person who has taken a reprisal includes a person who has directed the reprisal to be taken.

  • 2005, c. 46, s. 2
  • 2006, c. 9, s. 194
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