Public Servants Disclosure Protection Act (PSDPA)

The Government of Canada outlines specific protections and procedures for disclosing misconduct, including confidentiality and reprisal protection.

The Government of Canada provides specific protections for individuals disclosing misconduct through the Public Servants Disclosure Protection Act (PSDPA) and related regulations. Below is an outline of the key protections and procedures under these laws:

Protection from Reprisal: The Public Servants Disclosure Protection Act (PSDPA) ensures that employees of the federal public sector are protected from retaliation or reprisal for disclosing wrongdoing. Retaliation includes any punitive action such as dismissal, demotion, disciplinary action, or threats of such action. Employees are safeguarded under the following provisions:

Prohibition Against Reprisals: Employers and supervisors cannot take action against employees who make a disclosure in good faith or cooperate in an investigation of wrongdoing.

Legal Recourse for Reprisals: If an employee faces retaliation, they can file a complaint with the Office of the Public Sector Integrity Commissioner (PSIC), which has the authority to investigate and refer the matter to the Public Servants Disclosure Protection Tribunal for potential remedies.

Confidentiality and Anonymity: Federal whistleblowers are entitled to confidentiality when reporting misconduct. Anonymous Reporting: Employees can choose to disclose wrongdoing anonymously, and their identity is protected unless they choose to reveal it or unless it’s necessary for legal proceedings.

Protection of Personal Information: Personal information disclosed during the investigation of misconduct is handled in accordance with the Privacy Act, ensuring the identity of whistleblowers is protected as much as possible.

Legal Protections for Good Faith Disclosures. The protections under the PSDPA apply to whistleblowers as long as the disclosure is made in good faith, meaning that the individual believes that the information provided is true and that the misconduct they are reporting falls under the definition of wrongdoing.

No Retaliation for Good Faith Disclosures: Employees who disclose wrongdoing in good faith are protected even if the investigation does not ultimately confirm wrongdoing.

Designated Disclosure Channels: Whistleblowers in the public sector are encouraged to use designated channels to report wrongdoing. These include: Internal Disclosure Mechanisms: Federal departments and agencies are required to have internal disclosure mechanisms for employees to report wrongdoing. External Reporting via the Office of the Public Sector Integrity Commissioner (PSIC). Employees can also report directly to the PSIC, which is an independent office tasked with receiving and investigating disclosures of wrongdoing within the federal public sector.

Investigation of Disclosures: Once a disclosure is made, it must be thoroughly investigated. Protections during the investigation process include Impartial and Independent Investigations: The Office of the Public Sector Integrity Commissioner (PSIC) ensures that investigations are independent, transparent, and conducted without bias.

Fair Treatment for Whistleblowers: Whistleblowers are entitled to fair treatment during the investigation, including being informed of the status and outcome of their disclosure.

Corrective Measures and Remedies. If the investigation finds evidence of wrongdoing, corrective measures can be taken, including Administrative Actions. If wrongdoing is confirmed, the department or agency may take action to correct the problem, ranging from policy changes to disciplinary actions against individuals responsible for the misconduct. Access to Remedies for Reprisal: If a whistleblower experiences retaliation, the Public Servants Disclosure Protection Tribunal can impose remedies, including compensation, reinstatement, or disciplinary action against those responsible for the reprisal.

Broader Protections for Public and Private Sector Employees. In addition to protections specific to the federal public sector, many provinces in Canada have their own whistleblower protection laws that offer similar protections to private sector employees and other government employees. These laws vary by province but often include Confidentiality of Disclosures, Protection from Reprisal and Access to Legal Recourse for Retaliation.