Conducting Investigations under the New PSEA

As you may know, the implementation of the new Public Service Employment Act (PSEA) means that we are working in a new recourse regime. This new regime is quite different from the old one - both for organizations and the PSC. Most recourse functions are now handled by deputy heads and the newly created Public Service Staffing Tribunal. The PSC is mandated to investigate external appointments; internal appointments, if they are not delegated to an organization; appointments involving possible political influence; and/or appointment processes where fraud is suspected. As well, the PSC may investigate delegated internal appointments, if requested to do so by the deputy head. To better reflect these responsibilities, the PSC's Recourse Branch changed its name in the summer of 2005 to the Investigations Branch.

To prepare for its new investigative role, the PSC has established two policies. The first is the Policy on Considerations for Investigations Conducted under the new PSEA by the PSC Relating to External Appointments, Non-Delegated Internal Appointments and Appointments Involving Political Influence or Fraud. This policy sets out the conditions which the PSC may consider when it decides to investigate an appointment process related to these types of issues.

The decision to investigate is made on a case-by-case basis. The PSC may consider information received by any means, including audit findings, concerns raised by individuals, internal information and media reports. Some of the factors considered include: whether the matter falls within the PSC's jurisdiction; whether it raises the possibility of a problem in the application of the PSEA; and whether the information indicates a possible pattern of irregularities. The PSC also considers whether there is still a possibility of correcting the situation and whether recourse is available through other avenues.

A second policy, the Policy on Investigations Conducted under the new PSEA by the Public Service Commission at the Request of a Deputy Head, outlines the conditions under which the PSC will agree to conduct an investigation at the request of a deputy head. The considerations for these investigations are similar to the other types of PSC investigations, except that the matter must fall within the deputy head's jurisdiction under the new PSEA. When the PSC conducts an investigation for a deputy head, it still follows the PSC's standards for investigations. It also provides a copy of the report to the Commission for information and oversight purposes.

Under the new PSEA, the PSC also has an expanded mandate to investigate allegations of improper political activities by public servants. Now, any person may make an allegation to the PSC that an employee sought to be elected without proper permission or engaged in another improper political activity. The PSC recently approved regulations that identify how to file an allegation of improper political activity and how these investigations are to be carried out.

The PSC believes that it is important to provide information on our mandated investigations and investigations of improper political activities, if it serves the public interest to do so. As a result, regulations have been enacted in both the Public Service Employment Regulations and the Political Activities Regulations that deal with the disclosure of information obtained during an investigation. With these Regulations, there are a number of conditions under which the PSC may disclose personal information obtained through an investigation. For example, if the information could promote fair and transparent employment practices, political impartiality or accountability, then it may be released. Similarly, if the information could ensure that wrongdoing would be corrected or prevented, or if it would encourage the adoption or continuation of proper employment practices or political activities, then the PSC may disclose it.

These Regulations acknowledge that a balance must be struck between transparency and the rights of individuals to privacy. If the disclosure of information infringes on privacy interests, the Commission must consider whether the public interest in disclosing the information outweighs those privacy interests.

For more information on the investigations conducted by the PSC, please contact Yvette Mongeon, Vice-President of Investigations, at (613) 992-5418.