News Release - New public servants disclosure protection legislation tabled in the house of commons

OTTAWA, October 8, 2004 - The Honourable Reg Alcock, President of the Treasury Board of Canada, today tabled new legislation to establish a mechanism for the disclosure of wrongdoing in the public sector and to protect public servants who make disclosures. The proposed Public Servants Disclosure Protection Act, commonly referred to as "whistleblowing legislation", includes significant revisions to the previous Bill, which was tabled in March 2004. Discussions on the previous Bill ended when the spring election was called.

"The Prime Minister committed to re-introduce legislation to strengthen the regime governing the internal disclosure of wrongdoing," said Minister Alcock. "I am pleased today to table the new Public Servants Disclosure Protection Act, which will help us move to a higher standard of accountability and provide an enduring legacy of good governance and a strong public service for Canadians."

The proposed legislation covers all federal public sector employees, including those in Crown Corporations. It requires heads of federal organizations to establish an internal disclosure mechanism, calls for the establishment of a code of conduct, and provides substantial protections in law from reprisal for good faith disclosures.

While a number of basic features remain from the previous Bill, the new proposed legislation includes significant revisions in response to concerns expressed by stakeholders last spring.

"The new proposed Bill strengthens both the independence and the powers of the neutral third party for disclosure investigations by assigning this role to the President of the Public Service Commission," said Minister Alcock. "Specifically, the President will have investigative powers under the Inquiries Act and will have the power to set deadlines for chief executives to respond to his or her recommendations."

The proposed Bill also clarifies language to confirm that public servants can choose to go directly to the President of the Public Service Commission, if for some reason it is neither possible nor appropriate to use their internal disclosure mechanism.

Other revisions include:

• strengthening confidentiality provisions for those who make disclosures;
• providing protection from reprisal for authorized public disclosures;
• providing retroactive reprisal protection to February 10, 2004 for information provided to parliamentary committees or inquiries in respect of the Auditor General's 2003 report;
• extending the time allowed for making a reprisal complaint; and
• adding a commitment to consult bargaining agents on the development of a Code of Conduct.

The new proposed legislation maintains a number of features of the Bill tabled in the previous Parliament. These include:

• a commitment to establish a Charter of Values of the Public Service;
• providing employees with the ability to disclose a wide range of perceived wrongdoing to their supervisor, to a senior officer, or to the designated neutral third party, which will be the President of the Public Service Commission;
• ensuring protection for employees from any form of reprisal; and
• keeping deputy heads and chief executives fully accountable for the management of their organizations, including establishing internal disclosure mechanisms and, responding to the recommendations of the President of the Public Service Commission.

The proposed Public Servants Disclosure Protection Act balances the need to encourage and support good faith disclosure, while at the same time providing a fair and objective process for those against whom allegations are made. The proposed Bill is an important part of the government's commitment to ensure transparency, accountability, financial responsibility and ethical conduct in the public sector.

Please refer to the attached backgrounders for further details regarding the proposed Public Servants Disclosure Protection Act. Related documents are also posted on http://www.hrma-agrh.gc.ca

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This news release is available online at: www.hrma-agrh.gc.ca