Bill C-505
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1st Session, 41st Parliament,
60-61-62 Elizabeth II, 2011-2012-2013
house of commons of canada
BILL C-505
An Act to amend the Public Servants Disclosure Protection Act (powers of inquiry)
2005, c. 46
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. (1) Subsection 19.1(2) of the Public Servants Disclosure Protection Act is replaced by the following:
Time for making complaint
(2) The complaint must be filed not later than 18 months after the day on which the complain-ant knew, or in the Commissioner’s opinion ought to have known, that the reprisal was taken.
(2) Paragraph 19.1(5)(b) of the Act is replaced by the following:
(b) the complaint is filed within 18 months after those procedures have been exhausted.
2. Subsection 19.2(2) of the Act is replaced by the following:
Time limit
(2) The public servant may file the complaint within 18 months after the day on which he or she knew or, in the opinion of the Commissioner, ought to have known that the reprisal was taken.
3. Subsection 28(2) of the Act is replaced by the following:
Access — former public servant
(1.1) If the Commissioner so requests for the purposes of an investigation, the former public servant must provide him or her, or the person conducting the investigation, with any information that the Commissioner may require.
Application
(2) Subsections (1) and (1.1) apply despite any restriction created by or under any other Act of Parliament on the disclosure of information.
4. Section 29 of the Act is amended by adding the following after subsection (1):
Inquiries Act
(1.1) If the offence described in section 10 of the Inquiries Act is committed during an inquiry held pursuant to this Act, the maximum fine provided for therein is tripled.
5. Section 32 of the Act is replaced by the following:
Self-incrimination
32. No public servant, or former public servant, shall be excused from cooperating with the Commissioner, or with a person conducting an investigation, on the grounds that any information given by the public servant, or former public servant, may tend to incriminate the public servant, or former public servant, or subject him or her to any proceeding or penalty, but the information, or any evidence derived from it, may not be used or received to incriminate the public servant, or former public servant, in any criminal proceeding against him or her, other than a prosecution under section 132 or 136 of the Criminal Code.
6. Section 34 of the Act is replaced by the following:
Information outside public sector
34. If the Commissioner is of the opinion that a matter under investigation would involve obtaining information that is outside the public sector, other than from a former public servant, he or she must cease that part of the investigation and he or she may refer the matter to any authority that he or she considers competent to deal with it.
7. Subsection 38(3.1) of the Act is amended by adding the following after paragraph (a):
(a.1) the identity of the person found to have committed the wrongdoing if it is necessary to identify the person to adequately describe the wrongdoing;
Published under authority of the Speaker of the House of Commons