|
The Public Servants Disclosure Protection Act (PSDPA) came into force in Canada on April 15, 2007. The Act creates two distinct processes: a disclosure process; and a reprisal complaints process. It also creates two new bodies: the Office of the Public Sector Integrity Commissioner (PSIC) and the Public Servants Disclosure Protection Tribunal. == Definitions == The Act defines wrongdoing as a contravention of any Act of Parliament or of the legislature of a province, or of any regulations made under any such Act; a misuse of public funds or a public asset; a gross mismanagement in the public sector; an act or omission that creates a substantial and specific danger to the life, health or safety of persons, or to the environment, other than a danger that is inherent in the performance of the duties or functions of a public servant; a serious breach of a code of conduct established under the PSDPA; and knowingly directing or counselling a person to commit a wrongdoing. Under the Act, reprisal means any measures taken against a public servant because he or she has made a protected disclosure or has, in good faith, cooperated in an investigation into a disclosure. It can include any measures that could adversely affect the employment or working conditions of the person, or a threat to take any of these measures or to direct a person to do so. Key highlights of the PSDPA are as follows: *The Treasury Board must establish a code of conduct applicable to the public sector. As well, every Chief Executive must establish a code of conduct applicable to the portion of the public sector for which he or she is responsible. *Any public servant or member of the public can disclose in confidence information about a suspected wrongdoing in the public sector. *Public servants who make a good faith disclosure and those who cooperate in investigations are protected against reprisals. *The identity of the person who made the disclosure and of the witnesses and the persons against whom disclosures are made must be protected to the extent possible. *The right to procedural fairness and natural justice of all persons involved in a disclosure process and a reprisal complaint must be respected, including those against whom an allegation or complaint is made. *PSIC has broad investigative powers under Part 11 of the Inquiries Act. *The purpose of investigations under the Act is to bring the existence of wrongdoings to the attention of Chief Executives and to make recommendations concerning corrective measures. *PSIC has exclusive jurisdiction to investigate reprisal complaints from public servants. *Investigations into disclosures of wrongdoing and reprisal complaints are to be conducted as informally and expeditiously as possible. *PSIC may apply to the Public Servants Disclosure Protection Tribunal, which can determine whether reprisals have been taken place and impose corrective measures and disciplinary actions. The PSDPA applies to all employees in the federal public sector. It excludes the Canadian Security Intelligence Service (CSIS), the Communications Security Establishment (CSE) and the Canadian Forces. However, these organizations must create comparable disclosure protection regimes. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Public Servants Disclosure Protection Act」の詳細全文を読む スポンサード リンク
|