Title |
That Bill C-290 be amended by replacing the long
title on page 1 with the following: |
“An Act to amend the Public Servants Disclosure
Protection Act and to make a consequential
amendment to the Conflict of Interest Act” |
Clause 3 |
That Bill C-290, in Clause 3, be amended by replacing lines 1 and 2 on page 2 with the following: |
““protected disclosure” means a disclosure that is made, on the basis of reasonable belief, by a public servant” |
That Bill C-290, in Clause 3, be amended by deleting lines 3 to 9 on page 2. |
That Bill C-290, in Clause 3, be amended by
replacing lines 10 to 31 on page 2 with the
following: |
“(4) The definition “reprisal” in subsection 2(1) of
the Act is replaced by the following: |
“reprisal” means any listed measure taken against
a public servant because the public servant |
(a) has refused to commit a wrongdoing; |
(a) has made a protected disclosure; |
(b) has witnessed another public servant making a
protected disclosure; |
(c) has collaborated with another public servant in
the making of a protected disclosure; |
(d) has been mistaken for a public servant who is
in a situation described in any of paragraphs (a) to
(c); |
(e) has, on the basis of reasonable belief,
cooperated in an investigation into a disclosure or
an investigation commenced under section 33; or |
(f) is associated with a public servant who is in a
situation described in any of paragraphs (a) to (e).
(“représailles”)” |
(5) Subsection 2(1) of the Act is amended by
adding the following in alphabetical order: |
“listed measure” means, in relation to a public
servant, |
(a) a disciplinary measure; |
(b) their demotion; |
(c) the termination of their employment,
including, in the case of a member of the Royal
Canadian Mounted Police, a discharge or
dismissal; |
(d) any measure that adversely affects their
employment or working conditions including, but not limited to: |
(i) the mandatory assignment or deployment of the public servant; |
(ii) any form of reprimand; |
(iii) any form of discrimination; |
(iv) the infliction of emotional distress; |
(v) any act or omission that causes any psychological injury to the public servant |
(e) a threat to take any of the measures referred to
in any of paragraphs (a) to (d). (“mesure
énumérée”)” |
Clause 4 |
That Bill C-290, in Clause 4, be amended by replacing line 34 on page 2 with the following: |
“(b.1) an abuse of authority, which has such meaning as may be prescribed;” |
That Bill C-290, in Clause 4, be amended by replacing line 36 on page 2 with the following: |
“(c.1) political interference in the public sector, “political interference” having such meaning as may be prescribed;” |
That Bill C-290, in Clause 4, be amended by adding
after line 36 on page 2 the following: |
“(c.2) foreign interference in the public sector, “foreign interference” having such meaning as may be prescribed;” |
New Clause 4.1 |
That Bill C-290 be amended by adding after line 2
on page 3 the following: |
“4.1 The Act is amended by adding the following
after section 10: |
10.1 The Treasury Board may establish policies
respecting the duty set out in subsection 10(1).” |
That Bill C-290 be amended by adding after line 2
on page 3 the following: |
“4.1 Subsection 10(3) of the Act is replaced by the
following: |
(2.1) Each chief executive must designate one or
more persons to be responsible in addition to the
senior officer for receiving disclosures of
wrongdoings made by public servants employed in
the portion of the public sector for which the chief
executive is responsible. |
(3) A person designated under subsection (2) or
(2.1) may be a person who is employed in a portion
of the public sector other than the one for which
the chief executive is responsible.” |
Clause 5 |
That Bill C-290, in Clause 5, be amended by |
(a) replacing line 5 on page 3 with the following: |
“(a) provide, on request, non-financial support —
including information on appropriate resources
and recourse mechanisms — to a public servant
who has made” |
(b) replacing lines 14 to 16 on page 3 with the
following: |
“volved in the disclosure process, including that of
any person referred to in paragraph (a), any other
witness and any person alleged to be responsible
for a wrongdoing;” |
New Clause 5.1 |
That Bill C-290 be amended by adding after line 16
on page 3 the following new clause: |
“5.1 The Act is amended by adding the
following after section 11: |
11.1 The Treasury Board may establish policies
regarding the duties set out in subsection 11(1).” |
Clause 6 |
That Bill C-290, in Clause 6, be amended by
replacing line 17 on page 3 to line 3 on page 4 with
the following: |
“6 Section 12 of the Act is replaced by the
following: |
12 A public servant may disclose to any of the
following persons any information that the public
servant believes could show that a wrongdoing has
been committed or is about to be committed, or that
could show that he or she has been asked to commit
a wrongdoing: |
(a) the public servant’s supervisor; |
(b) any person who is at a higher level than the
public servant’s supervisor in the line of reporting
for the portion of the public sector in which the
public servant is employed; |
(c) the senior officer designated by the chief
executive of the portion of the public sector in
which the public servant is employed; or |
(d) any person designated under subsection
10(2.1) by the chief executive of the portion of the
public sector in which the public servant is
employed.” |
New Clause 6.1 |
That Bill C-290 be amended by adding after line 3
on page 4 the following: |
“6.1 The Act is amended by adding the following
after section 12: |
12.1 (1) A senior officer must refuse to deal with
a disclosure if the senior officer is of the opinion
that the subject-matter of the disclosure is within
the jurisdiction of the Conflict of Interest and
Ethics Commissioner under the Conflict of Interest
Act and must refer the matter to the Conflict of
Interest and Ethics Commissioner. |
(2) If a senior officer refuses to deal with a
disclosure under subsection (1), the senior officer
must inform the person who made the disclosure
and give reasons why he or she did so.” |
Clause 10 |
That Bill C-290, in Clause 10, be amended by
replacing line 2 on page 5 with the following: |
“reasonably believes that a reprisal has been taken
against them may” |
That Bill C-290, in Clause 10, be amended by
deleting line 11 on page 5. |
Clause 12 |
That Bill C-290, in Clause 12, be amended by
replacing lines 23 to 33 on page 5 with the
following: |
“12 Paragraph 19.3(1)(d) of the Act is replaced by
the following: |
(d) the complaint was not made on the basis of
reasonable belief.” |
New Clause 12.1 |
That Bill C-290 be amended by adding after line 33
on page 5 the following: |
“12.1 Section 19.4 of the Act is amended by adding
the following after subsection (3): |
(3.1) If, under paragraph 19.3(1)(a) or (b), the
Commissioner refuses to deal with a complaint or
if subsection 19.3(2) applies, the Commissioner
must also provide the complainant with
information on, as applicable, |
(a) the procedure under which the complaint has
been adequately dealt with; |
(b) any procedure under which the complaint
could more appropriately be dealt with; or |
(c) the procedure under which the complaint is
being dealt with.” |
Clause 13 |
That Bill C-290, in Clause 13, be amended by
replacing line 34 on page 5 to line 7 on page 6 with
the following: |
“13 Subsection 19.4(5) of the Act is replaced by the
following: |
(5) Subsection (4) does not apply if the
Commissioner has decided not to deal with the
complaint for the reason that it was not made on
the basis of reasonable belief.” |
Clause 19 |
That Bill C-290, in Clause 19, be amended by
replacing lines 6 and 7 on page 7 with the following: |
“21.01 (1) A complainant may apply to the” |
Clause 22 |
That Bill C-290, in Clause 22, be amended by
replacing line 36 on page 7 to line 1 on page 8 with
the following: |
“22 Subsection 21.4(3) of the Act is replaced by the
following: |
(3) If the Tribunal is of the opinion that a person
who has been identified as being a person who may
have taken the alleged reprisal is directly affected
by a determination of the Tribunal, the Tribunal
must add that person as a party.” |
Clause 25 |
Clause 25 is deleted. |
Clause 26 |
That Bill C-290, in Clause 26, be amended by
replacing line 24 on page 8 with the following: |
“26 Paragraph 24(1)(c) of the Act is replaced by the
following: |
(c) the disclosure was not made on the basis of
reasonable belief or the information that led to the
investigation under section 33 was not provided on
the basis of reasonable belief;” |
That Bill C-290, in Clause 26, be amended by
adding after line 24 on page 8 the following: |
“(2) Section 24 of the Act is amended by adding
the following after subsection (3): |
(4) If the Commissioner refuses to deal with a
disclosure or to commence an investigation, he or
she must provide the person who made the
disclosure with information on the most
appropriate procedures for dealing with the
disclosure.” |
Clause 30 |
That Bill C-290, in Clause 30, be amended by
replacing line 4 on page 9 with the following: |
“30 Section 34 of the Act is replaced by the
following: |
34 If the Commissioner is of the opinion that a
matter under investigation would involve
obtaining information from the Canadian Forces,
the Canadian Security Intelligence Service or the
Communications Security Establishment, the
Commissioner must cease that part of the
investigation and may refer the matter to any
authority that the Commissioner considers
competent to deal with it.” |
Clause 33 |
That Bill C-290, in Clause 33, be amended |
(a) by replacing line 26 on page 9 with the
following: |
“by department and region, as well as by type of
wrongdoing, and the number of them that” |
(b) by replacing line 30 on page 9 with the
following: |
“duration of each investigation, the various case
outcomes for all investigations and a summary of” |
That Bill C-290, in Clause 33, be amended by
adding after line 34 on page 9 the following: |
“(2.01) The Commissioner must conduct an annual
survey to determine the extent to which public
servants who have made protected disclosures of
wrongdoings under this Act felt protected and
supported in the disclosure process and include the
results of the survey in the report under subsection
(2).” |
Clause 34 |
That Bill C-290, in Clause 34, be amended by
replacing line 4 on page 10 with the following: |
“writing, to a supervisor, a person referred to in
paragraph 12(b), a senior officer, a person
designated under subsection 10(2.1), the” |
Clause 38 |
That Bill C-290, in Clause 38, be amended by
replacing lines 15 to 18 on page 11 with the
following: |
“disclose the identity of a person making a
disclosure and of a witness, with the consent of
that person.” |
Clause 40 |
Clause 40 is deleted. |
New Clause 40.1 |
That Bill C-290 be amended by adding after line 4
on page 12 the following new clause: |
“40.1 The Act is amended by adding the
following after section 51.3: |
Regulations |
51.4 The Governor in Council may make
regulations prescribing anything that by this Act is
to be or may be prescribed.” |
New Clause 42 |
That Bill C-290 be amended by adding after line 14
on page 12 the following: |
“Coming into Force |
42 This Act comes into force on the first
anniversary of the day on which it receives royal
assent.” |
That Bill C-290 be amended by adding after line 14 on page 12 the following new clause: |
“42 The portion of section 68 of the Conflict of Interest Act before paragraph (a) is replaced by the following: |
68 If a matter is referred to the Commissioner under subsection 12.1(1) or 24(2.1) of the Public Servants Disclosure Protection Act, the Commissioner shall” |