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Bill C-351

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    (e) the number of accepted notices that are still under investigation pursuant to subsection 14(1);

    (f) the number of accepted notices that were reported to ministers pursuant to subsection 14(4);

    (g) the number of reports to ministers pursuant to section 14 in respect of which action satisfactory to the Commissioner has been taken;

    (h) the number of reports to ministers pursuant to section 14 in respect of which action satisfactory to the Commissioner has not been taken;

    (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

    (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.

Annual report

(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.

PROHIBITIONS

False information

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.

Bad faith

(2) No employee shall give a notice under subsection 9(1) in bad faith.

No disciplinary action

19. (1) No person shall take disciplinary action against an employee because

    (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;

    (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;

    (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

    (d) the person believes that the employee will do anything referred to in paragraph (a), (b) or (c).

Definition

(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

    (a) harassment;

    (b) financial penalty;

    (c) affecting seniority;

    (d) suspension or dismissal;

    (e) denial of meaningful work or demotion;

    (f) denial of a benefit of employment; or

    (g) an action that is otherwise disadvantageous to the employee.

Rebuttable presumption

(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.

Disclosure prohibited

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.

Exception

(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.

ENFORCEMENT

Offences and punishment

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.

EMPLOYEE RECOURSE

Recourse available

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.

Recourse not lost

(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.

Benefit of presumption

(3) An employee is entitled in all recourse proceedings referred to in subsection (1) to the benefit of the presumption in subsection 19(3).

Transitional

(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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