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Bill C-241

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INVESTIGATION AND REPORT

Investigation

14. (1) The Commissioner shall investigate a notice accepted under section 13 and, subject to subsection (2), shall prepare a written report of findings and recommendations.

Report not required

(2) The Commissioner is not required to prepare a report if the Commissioner is satisfied that

    (a) the employee ought to first exhaust review procedures otherwise available;

    (b) the matter could more appropriately be dealt with, initially or completely, by means of a procedure provided for under a law in force in Canada other than this Act; or

    (c) the length of time that has elapsed between when the wrongful act or omission that is the subject-matter of the notice occurred and the date when the notice was filed is such that a report would not serve a useful purpose.

Report to employee

(3) Where the Commissioner has made a determination under subsection (2), the Commissioner shall, in writing and on a timely basis, advise the employee who gave notice under subsection (1) of that determination.

Report to minister

(4) The Commissioner shall provide the minister responsible for the employee against whom an allegation has been made, on a timely basis and in no case later than one year after the Commissioner receives the notice, with a copy of the report under subsection (1).

Minister's response

15. (1) A minister who receives a report under subsection 14(4) shall consider the matter and respond to the Commissioner.

Content of response

(2) The response of a minister under subsection (1) shall advise of any action the minister has taken or proposes to take to deal with the Commissioner's report, or that the minister proposes to take no action.

Further responses

(3) A minister who, for the purposes of this section, advises of any action proposed to be taken shall give such further responses as seem appropriate to the Commissioner until such time as the minister advises that the matter has been dealt with.

Emergency public report

16. (1) The Commissioner may require the President of the Treasury Board to cause an emergency report prepared by the Commissioner to be made to Parliament on the next day that either House sits if, in the Commissioner's opinion, it is in the public interest to do so.

Content of report

(2) A report prepared by the Commissioner for the purposes of subsection (1) shall describe the substance of a report made to a minister under subsection 14(4) and the minister's response or lack thereof under section 15.

Annual report

17. (1) The Public Service Commission shall include in the annual report to Parliament made pursuant to section 47 of the Public Service Employment Act a statement of activity under this Act prepared by the Commissioner that includes

    (a) a description of the Commissioner's activities under section 8;

    (b) the number of notices received pursuant to section 9;

    (c) the number of notices rejected pursuant to section 12;

    (d) the number of notices accepted pursuant to section 13;

    (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 of ``disciplinary action''

(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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