[ Backgrounder ] [ A Chronology ] [ Glossary ] [ Complete text of proposed act ] [ FAQs ]March 22, 2004OTTAWA, The Honourable Denis Coderre, President of the Queen's Privy Council and Minister responsible for the Public Service Human Resources Management Agency of Canada, today introduced in Parliament legislation to establish a mechanism for the disclosure of wrongdoing in the public sector, and to protect persons who disclose wrongdoing."We encourage federal public servants to come forward and disclose possible serious wrongdoing and whenever they do, I expect them to be treated fairly," said Minister Coderre. "This government came to office with a commitment to change the way things work. The actions we are taking today reflect that commitment."The bill balances the need to encourage and support good faith disclosure, while acknowledging that existing procedures and authorities can effectively handle many issues of reported wrongdoing. The bill is part of the government's broader commitment to ensure transparency, accountability, financial responsibility and ethical conduct."The vast majority of public servants serve Canadians with honour, integrity and excellence," said Minister Coderre. "And we have heard the concerns of Canadians. This bill is one of a number of measures that we are implementing to affirm that this government acts with integrity."The bill covers all federal public sector employees, including those in Crown Corporations, and requires heads of federal organizations to establish an internal disclosure mechanism. In addition, the bill calls for a code of conduct and establishes an office of the Public Sector Integrity Commissioner who has the power to investigate and make recommendations on corrective measures. The bill also provides substantial protections in law from reprisal for good faith disclosure.Please refer to the attached backgrounders for further details regarding the bill. Related documents are also posted on www.tbs-sct.gc.ca/pshrmac-agrhfpc/.- 30 -For further information:Sarah BainPress SecretaryOffice of the President of the Queen's Privy Council for Canada(613) 943-1838Chantal ScarlettMedia Relations and Parliamentary AffairsPublic Service Human Resources Management Agency of Canada(613) 952-3272IF THERE IS A DISCREPANCY BETWEEN ANY PRINTED VERSION AND THE ELECTRONIC VERSION OF THIS NEWS RELEASE, THE ELECTRONIC VERSION WILL PREVAIL.TTY (Telecommunications device for the hearing impaired) - (613) 957-9090This news release is available online at: www.tbs-sct.gc.ca/pshrmac-agrhfpc/.Newly created, the Public Service Human Resources Management Agency of Canada is in the process of finalizing its Website. Its new Website address will be announced shortly.BackgrounderThe Government of Canada is introducing this bill to encourage public servants to come forward if they have reason to believe that serious wrongdoing has taken place and to provide protection to them against reprisal when they do so. The following are the key elements of the bill:Preamble: The Public Service of Canada is an important national institution. Through this bill, Parliament declares its intention to strengthen the integrity of the federal public service, including Crown corporations. The legislation commits the government to establishing a charter for the entire public sector that will set out the values that should guide public servants in their work and professional conduct.Code of Conduct: The bill requires Treasury Board to establish a code of conduct for the federal public sector. However, chief executives of federal departments and organizations may go further and establish their own codes that are consistent with the Treasury Board code but adapted to the needs of their organizations.Definition of Wrongdoing: The bill describes wrongdoing as: the contravention of relevant laws, the misuse of public funds or assets, gross mismanagement in the federal public sector, a serious breach of a code of conduct; an act or omission that creates a substantial and specific danger to the life, health and safety of Canadians or the environment or an act of reprisal taken as a result of a disclosure made in good faith.Definition of Reprisal: Reprisal is defined to mean any disciplinary measure taken against a person because he or she has made a disclosure of wrongdoing in good faith, including the demotion of the person, termination of employment, or the taking of any measure that adversely affects the employment or working conditions of a person or a threat to do any of those things.Reprisal protection: Reprisal complaints can be investigated by the commissioner and can be dealt with by the appropriate board or tribunal that already has a mandate to address staff relations and workplace issues. For example, the Public Service Staff Relations Board deals with complaints for the federal public service, while the Canada Industrial Relations Board handles cases for Crown corporations.Disclosure Regime: Each chief executive officer in the federal public sector must establish an internal disclosure mechanism. A Public Sector Integrity Commissioner will be appointed by the Governor in Council for a term of seven years on approval by resolution of the Senate and the House of Commons. The Commissioner will be able to investigate alleged wrongdoings and make recommendations to chief executives and deputy heads on his or her findings. The Commissioner will report to Parliament through a minister to be designated by the Governor in Council.Confidentiality: Chief executive officers and the Commissioner are responsible for protecting the identity of persons involved in the disclosure process and the confidentiality of information collected in relation to disclosures, in accordance with other applicable acts of Parliament and in a manner that ensures that the rights to procedural fairness and natural justice of all persons involved in investigations are respected.Bad faith disclosure: Public servants who make frivolous, vexatious or bad faith disclosures could be subject to appropriate disciplinary action.A Chronology December 1996 The Task Force on Values and Ethics issues the report, A Strong Foundation, also known as the Tait Report, "to help the public service to rediscover and understand its basic values and assist the public service to recommit to and act on those values in all of its work." 1999 As Deputy Minister Co-Champions of Values and Ethics in the Public Service of Canada, Janice Cochrane and Scott Serson lead the federal government's ongoing discussion related to the development of a Statement of Principles. October 2001 After consulting with their Deputy Minister colleagues, and with the support of the Clerk, the Co-Champions launch consultations on a draft Statement of Principles, resulting in input from almost 10,000 public service employees across Canada. Nov. 30, 2001 Treasury Board adopts a new Internal Disclosure Policy, in which all deputy heads are required to designate a senior officer responsible for receiving information about alleged wrongdoing in the workplace. Additionally, the policy creates the position of a Public Service Integrity Officer - a neutral, third party agent available to deal with disclosures that an employee believes cannot be raised internally, or have not been dealt with adequately within a department. Reprisal from good faith disclosure is prohibited under the policy. 2002 The Treasury Board Secretariat takes on a parallel process of revising the Conflict of Interest and Post Employment Code for the Public Service. The revisions take place under the direction of an interdepartmental committee. Focus groups are held with employees across the country. June 19, 2003 The Values and Ethics Code for the Public Service is announced by the President of the Treasury Board. Sept. 1, 2003 The Values and Ethics Code for the Public Service comes into effect and is a condition of employment. Breaches to the Code are made one of the grounds for disclosure of wrongdoing in Internal Disclosure Policy. September 2003 The first annual report of the Public Service Integrity Officer recommends a legislative regime applicable to the entire federal public sector. Sept. 29, 2003 The President of the Treasury Board announces an external working group to review internal disclosure protection in the federal public service, and the feasibility of legislating protection. November 2003 The Government Operations and Estimates Committee's report recommends the introduction of legislation to facilitate disclosure of wrongdoing and the protection of whistleblowers. Dec. 12, 2003 The Prime Minister says that Canadians have every right to expect that their public office holders will act in accordance with the highest standards and commits his government to functioning in an ethical and transparent manner. January 2004 The Report of the external working group on the disclosure of wrongdoing recommends a legislative regime for the disclosure of wrongdoing. Jan. 31, 2004 Denis Coderre, Minister responsible for the Public Service Human Resources Management Agency of Canada says whistleblowing legislation is a top priority and that he intends to take a proposal to Cabinet for approval that will protect federal workers who expose government wrongdoing from retaliation. Feb 10, 2004 Minister Coderre announces that the government will introduce legislation no later than March 31, 2004 Mar 22, 2004 Minister Coderre tables the Public Servants Disclosure Protection Bill in the House of Commons. GlossaryValues and Ethics Code for the Public Service: This code, currently in effect, sets out the fundamental values that public servants need to guide them in their work. It sets out specific rules relating to conflict of interest and post employment. The code applies only to employees of the core public service, not Crown corporations or separate employers.Policy on the Internal Disclosure of Information ConcerningWrongdoing in the Workplace: This is the current policy within the core public service for employees to bring forward concerns about wrongdoing. The policy would be superseded by the legislation. The internal disclosure policy provides a process for federal public service employees to bring forward information concerning wrongdoing in the workplace, and to ensure that they are treated fairly and protected from reprisal.Charter of Values of Public Service: Under the proposed Public Servants Disclosure Protection bill, the government commits to establishing a charter to set out the values that should guide employees throughout the federal public sector in their work and professional conduct. It is likely that these values will drawn upon the value statement in Chapter 1 of the existing Values and Ethics Code for the Public Service.However, the charter would broadly apply to all public sector employees.Code of Conduct: The proposed legislation directs the Treasury Board to establish a code of conduct applicable to the public sector. Under the proposed legislation, wrongdoing is defined as a serious breach of conduct. In addition, chief executives may establish a code applicable to their organization. This would enable organizations with very different mandates and potentially different ethical risks to develop tailored codes of conduct specifying the expected behaviour and ethical actions for the kind of duties employees perform in that organization. However, these codes must be consistent with the code of conduct approved by the Treasury Board.Federal Public Sector: The draft legislation covers the departments and other portions of the public service of Canada named in Schedule I of the Public Service Staff Relations Act; the bodies named in Schedule I.I, II and III of the Financial Administration Act and Crown corporations and any other public bodies set out in the schedule. Because of both differing employment status and security concerns, the bill would not apply to the Canadian Security Establishment, Canadian Security Intelligence Service, the Communications Security Establishment and uniformed members of the RCMP or the Armed Forces. These organizations would however, be required by the bill to establish comparable regimes for their members and employees including a code of conduct and reprisal protection.Federal Public Service: For the purposes of the current Treasury Board Policy on the Internal Disclosure of Wrongdoing, the term federal public service applies to all departments and organizations of the Public Service listed in Part I, Schedule I, of the Public Service Staff Relations Act, often referred to as the "core public service".Chief Executive: The legislation defines chief executive as the deputy head or chief executive officer of any portion of the public sector, or the person who occupies any other similar position, however called in the public sector.
