Reprisal Protection

Many things go through your mind when deciding whether to flag wrongdoing by an employee of the department. One of the most common concerns is the fear that if someone in your organization finds out that you made the disclosure, your work life could be negatively affected.

What is a reprisal?

Reprisal is any measure taken against a public servant because he or she has made a protected disclosure or cooperated in good faith in an investigation into a disclosure. This can include:

  • disciplinary measures;
  • demotion;
  • termination of employment; or
  • any other measure that could adversely affect the employment or working conditions of that person, including a threat to take any of these measures or to direct another person to do so.

The Office of the Public Sector Integrity Commissioner (PSIC) has the sole jurisdiction in handling reprisal complaints under the PSDPA.

If you made a protected disclosure or participated as a witness in a wrongdoing investigation and reprisal actions have been taken against you, contact the PSIC as soon as possible.

How am I Protected under the PSDPA?

A disclosure of wrongdoing made under the Public Servant Disclosure Protection Act (PSDPA) is a protected disclosure. A protected disclosure means a disclosure that is made in good faith and that is made by a public servant.

  • In accordance with the PSDPA;
  • In the course of a parliamentary proceeding;
  • In the course of a procedure established under any other Act of Parliament; or
  • When lawfully required to do so.

Please consult the information available below to find out more about how you are protected under the PSDPA.

How would I be protected from reprisals in my workplace?

Your identity will be protected.through the measures outlined in the PSDPA.

If you made a protected disclosure or participated as a witness in a wrongdoing investigation and reprisal actions have been taken against you, contact the Office of the Public Sector Integrity Commissioner (PSIC) as soon as possible. PSIC has the sole jurisdiction in handling reprisal complaints under the PSDPA.

The PSDPA states that you must contact PSIC within 60 days of knowing that you have been reprised against. It is important to file a complaint even if the alleged reprisal occurred more than 60 days ago as the Commissioner is authorized to extend the time period depending on the circumstances of the case.

The Commissioner must make a decision whether to investigate within 15 days of your complaint being filed.

If, after an investigation, the Commissioner has reasonable grounds to believe that reprisals occurred, he must refer the case to the Public Servants Disclosure Protection Tribunal (the ”Tribunal”).  The Tribunal is composed of judges of the Federal Court or a superior court of a province.

During the course of a reprisal investigation, if deemed appropriate, the Commissioner may suggest a voluntary conciliation between both parties. This means that you and the person who reprised against you could come to a resolution together. PISC can help you with this process.


What will the Public Servants Disclosure Protection Tribunal do?

When an investigation gives the Public Sector Integrity Commissioner reasonable grounds to believe that reprisals occurred, he refers the case to the Public Servants Disclosure Protection Tribunal.

The Tribunal will decide if reprisal actions took place, and it has the power to order the appropriate remedy for you.  The Tribunal can also order disciplinary sanctions for those who reprised against you, if requested by the Commissioner.

Anyone who takes reprisal action against you is committing an offence and faces a fine of up to $10,000 and/or imprisonment for up to two years.

Once you make a reprisal complaint and PISC launches an investigation into your complaint, your identity can no longer be kept confidential.  Your case also becomes public information if it goes before the Tribunal.

Remember that PSIC has the sole jurisdiction in handling reprisal complaints under the PSDPA. For more information, please contact PISC.

Can I get legal advice?

The Commissioner has the authority to approve access to legal advice to any person involved in a proceeding under the PSDPA (either related to disclosure or reprisal), up to a maximum of $3,000. You may also qualify to receive access to legal advice if you are considering making a protected disclosure or filing a complaint of reprisal, but have not already done so.

  • The relationship between the lawyer and the person receiving the legal advice is protected by solicitor-client privilege.
  • The PSDPA states that one of the conditions for providing legal advice is that the person requesting it must not have access to free legal advice by other means.

Please do not hesitate to contact the Office of the Public Service Integrity Commissioner to obtain more information or to discuss your situation in confidence.

If you experience reprisal in your workplace after making a protected disclosure

You may make a formal complaint to the Office of the Public Sector Integrity Commissioner, which has the exclusive jurisdiction to investigate complaints of reprisal.

You must do so within 60 days of becoming aware of the reprisal. This time period can be extended by the Commissioner, so it is important to file a complaint even if it has been longer than the 60 days. 

Remember that:

  • The PSDPA includes explicit provisions to protect the identity of disclosers and witnesses;
  • The information provided in a disclosure of wrongdoing is not itself subject to absolute protection, and may have to be made known to Parliament and the public if wrongdoing is found;
  • Information created or obtained in the course of an investigation into a disclosure is protected under the Access to Information Act, the Privacy Act and the Personal Information Protection and Electronic Documents Act.