Public Servants Disclosure Protection Act
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page started 20250724 and last updated 20250724 at 12:20 e.s.t.
The PSDPA is “An Act to establish a procedure for the disclosure of wrongdoings in the public sector, including the protection of persons who disclose the wrongdoings” (https://laws-lois.justice.gc.ca/eng/acts/p-31.9/page-1.html#h-402914). Here are some excerpts:
- Power to investigate other wrongdoings
33 (1) If, during the course of an investigation or as a result of any information provided to the Commissioner by a person who is not a public servant, the Commissioner has reason to believe that another wrongdoing, or a wrongdoing, as the case may be, has been committed, he or she may, subject to sections 23 and 24, commence an investigation into the wrongdoing if he or she believes on reasonable grounds that the public interest requires an investigation. So, zero acknowledgement of CCC’s s. 21(1) Party to Offence.
(2) The Commissioner may not, in the course of an investigation, … use information that is subject to solicitor-client privilege if the confidence or information is disclosed to the Commissioner. NTS: Waive any solicitor-client privilege that may exist.
- public sector means (a) the departments named in Schedule I to the Financial Administration Act and the other portions of the federal public administration named in Schedules I.1 to V to that Act; and (b) the Crown corporations and the other public bodies set out in Schedule 1. However, subject to sections 52 and 53, public sector does not include the Canadian Forces, the Canadian Security Intelligence Service or the Communications Security Establishment.
- public servant means every person employed in the public sector, every member of the Royal Canadian Mounted Police and every chief executive.
- THEREFORE, public servants who are employed by PROVINCIAL public administration (ie. Ontario’s Ministry of the Attorney General) will not be investigated under this Act. There is zero point in investing the time to submit a request for assistance.