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(e) the number of accepted notices that are
still under investigation pursuant to
subsection 14(1);
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(f) the number of accepted notices that were
reported to ministers pursuant to subsection
14(4);
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(g) the number of reports to ministers
pursuant to section 14 in respect of which
action satisfactory to the Commissioner has
been taken;
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(h) the number of reports to ministers
pursuant to section 14 in respect of which
action satisfactory to the Commissioner has
not been taken;
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(i) an abstract of the substance of all reports
to ministers pursuant to section 14 and the
responses of ministers pursuant to section
15; and
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(j) where the Commissioner is of the
opinion that the public interest would be
best served, the substance of an individual
report made to a minister pursuant to
section 14 and the response or lack thereof
of a minister pursuant to section 15.
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| Annual report
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(2) The Public Service Commission may
include in the annual report to Parliament
made pursuant to section 47 of the Public
Service Employment Act an analysis of the
administration and operation of this Act and
any recommendations with respect to it.
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| False
information
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18. (1) No person shall give false
information to the Commissioner or to any
person acting on behalf or under the direction
of the Commissioner while the Commissioner
or person is engaged in the performance or
exercise of the Commissioner's duties or
powers under this Act.
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| Bad faith
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(2) No employee shall give a notice under
subsection 9(1) in bad faith.
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| No
disciplinary
action
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19. (1) No person shall take disciplinary
action against an employee because
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(a) the employee, acting in good faith and
on the basis of reasonable belief, has
disclosed or stated an intention to disclose
to the Commissioner that a person working
for the Public Service or in the Public
Service workplace has committed a
wrongful act or omission;
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(b) the employee, acting in good faith and
on the basis of reasonable belief, has
refused or stated an intention to refuse to
commit an act or omission contrary to this
Act;
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(c) the employee, acting in good faith and
on the basis of reasonable belief, has done
or stated an intention of doing anything that
is required to be done in order to comply
with this Act; or
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(d) the person believes that the employee
will do anything referred to in paragraph
(a), (b) or (c).
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| Definition
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(2) In subsection (1), ``disciplinary action''
means any action that adversely affects the
employee or any term or condition of the
employee's employment, and includes
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(d) suspension or dismissal;
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(e) denial of meaningful work or demotion;
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(f) denial of a benefit of employment; or
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(g) an action that is otherwise
disadvantageous to the employee.
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| Rebuttable
presumption
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(3) A person who takes disciplinary action
contrary to this section within two years after
an employee gives a notice to the
Commissioner under subsection 9(1) shall be
presumed, in the absence of a preponderance
of evidence to the contrary, to have taken the
disciplinary action against the employee
because the employee gave the notice.
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| Disclosure
prohibited
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20. (1) Except as authorized by this Act or
any other law in force in Canada, no person
shall disclose to any other person the existence
or nature of a notice given under to subsection
9(1) in such a way as to identify the employee
who made it.
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| Exception
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(2) Subsection (1) does not apply where a
notice was given in breach of subsection 9(4)
or was not given in good faith and on the basis
of reasonable belief.
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| Offences and
punishment
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21. A person who contravenes a provision
of subsection 9(4), section 18 or subsection
19(1) or 20(1) is guilty of an offence and liable
on summary conviction to a fine not
exceeding $10,000.
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| Recourse
available
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22. (1) An employee against whom
disciplinary action is taken contrary to section
19 is entitled to use every recourse available
to the employee under the law, including
grievance proceedings provided for under an
Act of Parliament or otherwise.
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| Recourse not
lost
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(2) An employee may seek recourse as
described in subsection (1) whether or not
proceedings based upon the same allegations
of fact are or may be brought under section 21.
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| Benefit of
presumption
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(3) An employee is entitled in all recourse
proceedings referred to in subsection (1) to the
benefit of the presumption in subsection
19(3).
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| Transitional
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(4) Where grievance proceedings are
pending on the coming into force of this Act,
the proceedings shall be dealt with and
disposed of as if this Act had not been enacted.
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