Public Servants Disclosure Protection Act

• Values and Ethics Code for the Public Sector
• Public Servants Disclosure Protection Act (PSDPA)
  • Definition of Wrongdoing
• Fostering a Culture of Right-Doing
• Disclosure of Wrongdoing
• Reprisal Protection

• The Values and Ethics Code for the Public Sector sets out values and behavioural expectations for all public servants

• These values and expected behaviours promote “right-doing” by inspiring exemplary behaviour and discourage wrongdoing by identifying activities or behaviours that are not tolerated

• The Public Servants Disclosure Protection Act (PSDPA) which came into force on April 15, 2007 is also meant to help foster a culture of right-doing in the workplace. It is stated in section 4 of the PSDPA:

  “The Minister must promote ethical practices in the public sector and a positive environment for disclosing wrongdoings by disseminating knowledge of this Act and information about its purposes and processes and by any other means that he or she considers appropriate.”

• Nomination of a Senior Disclosure Officer (SDO) at ESDC
• The Senior Disclosure Officer (SDO) is Louis Beauséjour, ADM, Integrity Services Branch
• portfolio-wide
• The Office of Values and Ethics
  • supports the SDO who is responsible for the implementation of the PSDPA in ESDC
  • provides advice on enquiries related to the PSDPA
  • provides guidance on making a disclosure
  • provides ESDC-wide awareness sessions on the PSDPA and the internal disclosure process

A Public Servant’s Options:

• Long Description

  Information that could show that a wrongdoing has been or is about to be committed. The disclosure must be done in good faith.

  • Supervisor OR Senior Disclosure Officer (SDO)
    • The public servant can decide to make a disclosure directly to PSIC.
  • Public Sector Integrity Commissioner (PSIC)
    • The PSIC will conduct inquiries with the concerned organization.

• Office of the Public Sector Integrity Commissioner of Canada (PSIC)

  60 Queen Street, 7^th Floor, Ottawa, Ontaio K1P 5Y7

  • Tel: 613-941-6400
  • Toll Free: 1-866-941-6400
  • Facsimile: 613-946-2151
  • Website: Office of the Public Sector Integrity Commissioner of Canada

Examples

Examples of actual cases of wrongdoing across federal departments:

• Public servant failed to report to the departmental authorities an automobile accident involving an official vehicle and was also found to have inappropriately provided access to persons to government premises for their personal interest
• Public servant used a government vehicle for personal purposes and stores it at their residence while on extended leave
• Public servants inappropriately used taxi chits for personal use (attending personal appointments, personal travel, etc.) instead of using them for authorized government business travel

Protecting Identity

• To the extent possible and in accordance with the law, the identities of the following people will be protected:
  • persons making disclosures,
  • witnesses, and
  • persons alleged to have committed a wrongdoing.

Protecting the Confidentiality of Information

• All information provided to the SDO is kept confidential
• Information related to a disclosure is not subject to the Privacy Act and nor the Access to Information Act
• Disclosure records are kept secure and separate from other files

The Process

• Initial assessment by SDO
• Fact finding process by SDO
• SDO decides as follows:
  1. If the disclosure does not meet the definition of wrongdoing:
     • The public servant making the disclosure is informed by way of letter from the SDO.
     • If another mechanism is more appropriate to deal with the issue, the public servant who made the disclosure will be informed of its existence (e.g. harassment complaint process).
  2. The disclosure meets the definition of wrongdoing:
     • Investigation is conducted by the Special Investigations Unit (SIU), IIS.
     • If no finding of wrongdoing, the parties (the public servant who made the disclosure and the alleged wrongdoer) are informed by way of letter from the SDO.
• If the findings of the investigation reveal that there is a wrongdoing, a report of the findings and recommendations is sent to the DM.
• Upon receipt of the findings, appropriate corrective and/or disciplinary measures will be taken.
• The Department is required to provide public access to information about the wrongdoing.
• This information would be found on the Proactive Disclosure section of ESDC’s Internet site.

Definition of Reprisal

Reprisal is any of the following measures taken against a current or former public servant because he or she has made a protected disclosure or has, in good faith, cooperated in an investigation into a disclosure…

• disciplinary measure;
• demotion of the public servant;
• termination of employment of the public servant;
• any measure that adversely affects the employment or working conditions of the public servant;
• threat to take any of these measures or directing another person to do so.

Section 19 of the PSDPA expressly prohibits reprisal against a public servant who has made a disclosure:

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

Reprisal is not tolerated at ESDC.

Complaints:

• Only the PSIC is authorized to receive complaints of reprisal and has the discretion to decide whether the complaint will be addressed. The SDO can provide guidance on the filing of a complaint of reprisal.
• To file a complaint, the public servant must complete the complaints form found on the PSIC’s Web site.
• Reprisal complaints must be filed no later than 60 days after the day on which the public servant knew, or ought to have known, that the reprisal was taken.

The Tribunal

• Known as Public Servants Disclosure Protection Tribunal.
• PSIC decides if a complaint of reprisal will be referred to the Tribunal.
• Tribunal can provide an appropriate remedy to a public servant who has suffered reprisal.
• Tribunal may require the employer or appropriate chief executive to take all necessary measures such as termination of employment or revocation of appointment of the person who caused the reprisal(s) to take place.

• Shane has approached you privately to discuss his new cubicle neighbour, Jill, and what he has overheard during office hours. Shane has concluded that Jill owns a mail order cosmetics business and that she spends several hours taking and completing orders from clients during each workday. Shane has heard Jill using her work telephone for this purpose and claims that he has even heard her take address information from overseas clients.
• Shane cannot be certain but he believes that Jill also uses her office computer for this business because he can hear Jill keyboarding while obtaining order and billing information from her cosmetics clients. Last week, Jill was cursing at her label printer and she asked Shane for a spare roll of labels. On occasion, Shane has seen Jill holding parcels for mailing and he suspects that she is using the mail room to ship her orders to clients.

• Bev has approached you privately to discuss the actions of her colleague, Bob. Bev observed Bob at the photocopier this morning while he was making a copy of a large medical text book. Bob explained to Bev that his daughter is in medical school and he was making a copy of this textbook to save her $400 on the cost of purchasing it.
• Bev isn’t sure if this is a case of wrongdoing, but she does believe that the situation needs to be addressed. She doesn’t want anyone to know that she reported this information to you.

How to Contact Us

• Email:
  NC-MIN-DIVULGATION_DISCLOSURE-GD
• Intranet:
  Disclosure of Wrongdoing