Public servants disclosure protection
The Public Servants Disclosure Protection Act (PSDPA) came into force on April 15, 2007. This act replaces the Treasury Board's Policy on the Internal Disclosure of Information Concerning Wrongdoing in the Workplace.
The purpose of the PSDPA is to encourage employees in the public sector to come forward if they have reason to believe that serious wrongdoing has taken place in the workplace. It provides protection against reprisal if they do come forward, and it also provides a fair and objective process for those who are accused of wrongdoing. As such, the new legislation represents an important step in supporting ethical conduct in the federal workforce and increasing confidence in government institutions.
At Global Affairs Canada, the Director of Values and Ethics is the Senior Officer for Disclosure and is responsible for receiving and handling the disclosures of wrongdoing.
Subsection 11(1) c) of the PSDPA states that information on founded wrongdoing should be made available to the public.
The Access to Information Act and the Privacy Act contain mandatory, permanent exemptions related to the PSDPA. They respectively contain provisions to the effect that records containing information or personal information that was created for the purpose of making a disclosure or in the course of an investigation into a disclosure are permanently protected and cannot be released.
For further information, please consult the Public Sector Integrity Commissioner Web site.
A public servant of the Department of Foreign Affairs and International Trade (DFAIT) has been found to have failed to report to DFAIT authorities an automobile accident involving an official vehicle. This public servant has also been found to have inappropriately provided access to persons to government premises for his personal interest.
Following an investigation, the public servant was immediately relieved of his functions, a disciplinary hearing was held which resulted in suspension without pay of the public servant, and DFAIT management accepted his resignation which took effect immediately after the period of suspension.
No cases reported for 2008-09
A public servant of the Department of Foreign Affairs and International Trade has been found to have acted in a way to serve their private interests rather than to serve public interests, to have abused their power; to have made several embarrassing comments and to have deliberately withheld information from Headquarters. The public servant took early retirement from the public service prior to the conclusion of the investigation.
No reported cases for 2010-2011
No reported cases for 2011-2012
No reported cases for 2012-2013
A protected disclosure was received under the Public Servants Disclosure Protection Act (Act), alleging that an employee of Global Affairs Canada (Department), had committed wrongdoing under the Act. An investigation was conducted by the Department which found that the employee was absent without the requisite authorization and without properly recording these absences as leave; the employee failed to disclose a conflict of interest resulting from a relationship with a direct subordinate; the employee misled officials of the Department with respect to certain financial matters; and the employee treated staff with a lack of respect. The findings of the investigation were referred to management for a determination as to whether corrective action was warranted.
No reported cases for 2014-2015
A disclosure case was carried over from 2013-14. After reviewing the findings of the investigation, the Department deemed the actions of the employee to constitute a serious breach of trust. As a result, the employee’s employment was terminated for cause. The employee’s subsequent grievance of the termination of employment was denied.
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