Disclosures of Wrongdoing - Qs & As

The Public Servants Disclosure Protection Act defines wrongdoing in the public sector as:

• Violating any act of Parliament or any act of the legislatures of Canada's provinces and territories or of any regulations made under any such Act;
• Misusing public funds or a public asset;
• Gross mismanagement;
• Doing something-or failing to do something-that creates a substantial and specific danger to the health, safety, or life of persons or a threat to the environment;
• Seriously breaching the Values and Ethics Public Sector Code or the organization's Code of Conduct;
• Knowingly directing or counselling a person to commit wrongdoing, as defined above.

A disclosure of wrongdoing is the filing of any information by a public servant that could show that a wrongdoing has been committed, or is about to be committed, or that he or she has been asked to commit a wrongdoing. An employee can choose to make their public interest disclosure directly to their supervisor, to the Senior Disclosure Officer or to the Public Sector Integrity Commissioner.

The Public Servants Disclosure Protection Act requires public servants to follow established procedures to handle information and documents in a secure way. The Act also stipulates that public servants making disclosures of wrongdoing provide no more information than is reasonable and necessary to make the disclosure.

The PSDPA does not authorize public servants to disclose a confidence of the Queen's Privy Council for Canada (i.e. Cabinet documents) or information that is subject to solicitor-client privilege. Any such information disclosed cannot be used by the Public Sector Integrity Commissioner.

ESDC, Labour, and Service Canada employees may make a disclosure of wrongdoing to their supervisor, the Senior Disclosure Officer or to the Public Sector Integrity Commissioner and should provide the following information, preferably in writing:

1. the nature of the wrongdoing;
2. name of the person(s) you think has/have committed the wrongdoing;
3. date and description of the alleged wrongdoing, and any other relevant information that could show that an act against the public interest has, or is about to be committed;
4. your name, telephone number and address so the Senior Disclosure Officer may contact you for more information

The Senior Disclosure Officer may refuse to deal with a disclosure of wrongdoing for the following reasons:

• the information disclosed has already been properly and adequately dealt with-or it would be better addressed through another mechanism;
• the information disclosed is not sufficiently important;
• the disclosure was not made in good faith;
• the length of time that has elapsed since the date when the subject-matter of the disclosure arose would make the investigation serve no useful purpose; or
• the information disclosed relates to a matter that results from a balanced and informed decision-making process on a public policy issue.

In some instances, the Senior Disclosure Officer may not deal with a disclosure if a person or body acting under another Act of Parliament is dealing with the subject matter. This includes matters raised in a grievance under a Collective Agreement.

The personal information of public servants making disclosures, as well as that of witnesses, and persons alleged to be responsible for wrongdoings, will be protected to the best extent possible. However, this information may be shared among a limited number of individuals during the course of an investigation, if required by the rules of natural justice and procedural fairness.

The findings of investigations will be shared with the appropriate Deputy Minister or Deputy Head of ESDC, Labour or Service Canada as well as the person(s) who made the disclosure. If evidence of wrongdoing has been found, the Senior Disclosure Officer or the Public Sector Integrity Commissioner will also make recommendations concerning the measures to be taken.

If wrongdoing is found as a result of a disclosure, the PSDPA requires that information be made available to the public that describes the wrongdoing and sets out the recommendations, if any, and the corrective action taken to resolve the problem.

Yes. The Public Servants Disclosure Protection Act clearly stipulates that no public servant shall be subject to any reprisal for having made a disclosure in accordance with this Act. This includes public servants who may have been called by the Senior Disclosure Officer or the Public Sector Integrity Commissioner as witnesses.

If you believe you have been subjected to reprisal for making a disclosure of wrongdoing, you may submit a complaint of reprisal to the Public Sector Integrity Commissioner. Reprisal may include any administrative and disciplinary measures against you.

The Public Servants Disclosure Protection Act lists the following in its definition of reprisal:

• disciplinary measures;
• demotion;
• termination of employment;
• measures that adversely affect the employee's employment or working conditions;
• threats by an employer to demote, terminate or take measures that adversely affect a public servant's employment or working conditions.

Public servants should note that they are responsible for respecting the reputation of other people and that they must not make disclosures in bad faith.

No. A general question is not a disclosure and you do not have to provide your name.

If you have seen something that you believe might be wrongdoing in your workplace and are looking for guidance, you may contact:

• Your supervisor/manager;
• Your Senior Disclosure Officer; or
• The Public Sector Integrity Commissioner.

Each will listen to you and help you determine if your concerns could be considered wrongdoing under the PSDPA.

Some situations may not meet the definition of a wrongdoing under the PSDPA, but may still require attention. If the person you contact is not the most appropriate person to deal with the situation you raise, they will help direct you to the right person.

When in doubt, do not hesitate to contact the Senior Disclosure Officer.

The Office of Values and Ethics’ iService page “Where to go for Help or Support?” also provides a comprehensive list of resources available to employees within the department.

I’ve decided that I want to make a protected disclosure of wrongdoing under the PSDPA, but I am afraid to give my name.

Understandably, you have concerns about bringing to light something that you think is wrongdoing. Know that when you make a protected disclosure, your identity is kept in the strictest of confidence. The PSDPA includes explicit provisions to protect the identity of disclosers and witnesses, which prevents the release of your name to either your organization or to anyone involved. Also, anyone who participates in a disclosure investigation is informed of their responsibility to maintain confidentiality.

Any information obtained during the course of a PSDPA investigation cannot be released under the Access to Information Act, the Privacy Act or the Personal Information Protection and Electronic Documents Act.

Anyone who fears identifying themselves for the purpose of making a protected disclosure is encouraged to contact the ESDC Senior Discloser Officer to discuss the departmental process and procedures that are in place, as well as the protections provided to disclosers under the PSDPA. All conversations and/or inquiries with the personnel of the ESDC Senior Disclosure Officer in relation to the PSDPA are treated confidentially.

You are also protected from reprisal when you flag wrongdoing in the course of parliamentary proceeding, in the course of a procedure established under any Act of Parliament and when lawfully required to do so. Also remember, when you collaborate in good faith with an investigation of suspected wrongdoing you are guaranteed the same protection against reprisal.

Investigations based on anonymous disclosures may be done if the information concerns serious wrongdoing and appears reliable and sufficient to allow the allegations to be investigated.

However, providing your contact information will allow a thorough assessment of your disclosure, and facilitate the gathering of any proof that you might have along with the identification of potential witnesses that could eventually be contacted in the course of an investigation. Remember, the PSDPA includes provisions to protect disclosers and witnesses if reprisals are taken against them; anonymous disclosers cannot be protected.

For more information about how you are protected under the PSDPA, see Reprisal Protection.

Remember! Do NOT investigate the situation yourself.

To make a disclosure under the Public Servant Disclosure Protection Act, you should act in good faith, responsibly, and based on your awareness of what constitutes wrongdoing (as defined in the Act). You should also provide the following information, preferably in writing:

1. Indicate that you are making a disclosure under the Public Servant Disclosure Protection Act

   This helps to protect your identity and your access to recourse in case of reprisal

2. Provide the information that is necessary to demonstrate that a wrongdoing has been or is about to be committed.

When in doubt, do not hesitate to contact the Senior Disclosure Officer.

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