Contracting for disclosure in-take or for investigations under the Public Servants Disclosure Protection Act

Crown Corporation Issue Note

Issue: 

Is it permissible for Crown corporations to contract out for services to receive and/or investigate complaints of wrong-doing under the Public Servants Disclosure Protection Act (PSDPA)?

Context:

The purpose of the PSDPA is to encourage employees in the public sector to come forward if they have reason to believe that serious wrongdoing has taken place and provide protection to them against reprisal when they do so.  It also provides a fair and objective process for those against whom allegations are made.

The PSDPA was amended by the Federal Accountability Act, which received Royal Assent on December 12, 2006.  The PSPDA came into force on April 15, 2007.  The Canada Public Service Agency (CPSA) is responsible for providing leadership and support to federal public sector organizations in implementing the PSDPA.

Analysis:

The PSDPA requires chief executives of Crown corporations to establish internal procedures for the management of disclosures internal to their organization and to designate a senior officer to deal with disclosures of wrongdoing.  In the case of small organizations, if it is not practical given the size of the organization to designate a senior officer, the chief executive can opt to designate a senior officer from another public sector organization, possibly through a shared service arrangement or through the portfolio department.  Alternatively, a small organization may declare and give notice to the CPSA that it will not have its own senior officer and internal disclosure mechanism, in which case employees of the organization would make disclosures directly to the Public Sector Integrity Commissioner.

Some services for managing the receipt and intake of disclosures, such as call centres and email accounts can be contracted for and offered by private sector firms but there must remain a senior officer employed in the public sector who is responsible for the Crown corporation.  As well, private sector investigators may be hired on a contract basis to conduct investigations into disclosures under the PSPDA.

Although contracting for some of these services with a private firm may have some advantages, it also entails significant risks, including risks related to the protection of information and the limited knowledge a third party may have of the culture and structure of the organization.

Conclusion:

Organizations must not contract out the role of senior officer under the PSDPA to an external, private organization.  Sharing or using other resources within the federal government is acceptable. Some services for managing the receipt and intake of disclosures, such as call centres and email accounts can be contracted for and offered by private sector firms, but there must remain a senior officer employed in the public sector who is responsible for the Crown corporation.  As well, private sector investigators may be hired on a contract basis to conduct investigations into disclosures under the PSPDA.

Further Information:

RDIMS# 598908

Updated

November 19, 2007

Prepared by

Treasury Board of Canada Secretariat,
Government Operations Sector,
Governance Directorate

Consultation

Canada Public Service Agency, Office of Public Service Values and Ethics