Disclosure of investigation-related information to the Royal Canadian Mounted Police
Disclosure by the PSC after a founded fraud investigation
When the Public Service Commission (PSC) has conducted an investigation and concluded that fraud has occurred, the PSC may, in certain cases, provide a copy of the Investigation Report, the Record of Decision on corrective action, or other personal information to the Royal Canadian Mounted Police (RCMP).
Specifically, section 133 of the Public Service Employment Act provides that every person who commits fraud in any appointment process is guilty of an offence punishable on summary conviction. Since the Public Service Employment Act is a federal legislation, the RCMP, as the Canadian national police service, has the authority to receive and act upon information issued by the PSC in relation to section 69 and section 133 of the Public Service Employment Act. These disclosures are authorized by section 19 of the Public Service Employment Regulations.
Presently, the PSC exercises its discretion to inform the RCMP in most cases of fraud involving the falsification of documentation, such as proof of education, second language evaluation or other Personnel Psychology Centre test results, federal public service leave certificates and professional designations or accreditations. However, the PSC may also use its discretion to inform the RCMP of all cases where it is determined that fraud has occurred.
Disclosure during a PSC investigation
Section 19 of the Public Service Employment Regulations also authorizes the PSC to disclose personal information obtained during the course of an investigation at any time if it determines that the public interest in disclosing outweighs the privacy interests of affected persons.
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