Public Servants Disclosure Protection Act Review Task Force: Terms of Reference
Date: April 3, 2023
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1. Mandate
On November 29, 2022, the President of the Treasury Board announced the appointment of the PSDPA Review Task Force, an external task force that will explore possible revisions to the Public Servants Disclosure Protection Act (PSDPA).
The task force’s review of the PSDPA will consider opportunities to enhance the federal disclosure process and strengthen protections and supports for federal public servants who come forward to disclose wrongdoing. The review will consider the recommendations of the 2017 report issued by the Standing Committee on Government Operations and Estimates as well as Canadian and international research and experience. It will also consider the parliamentary debate, the testimony at committee and the final outcome of the Private Member’s Bill C-290, An Act to amend the Public Servants Disclosure Protection Act in its report. Experts, as well as public servants, will be given an opportunity to participate.
The task force will present a report to the President containing recommendations on possible amendments to the PSDPA to enhance the federal disclosure process, and further support and protect federal public servants who come forward to disclose wrongdoing. The President will review and consider these recommendations for possible further action. The task force’s work will begin in January 2023 and their report is expected by the end of 2024.
Overarching themes:
The PSDPA review will be organized to explore the following themes:
- strengthening protections and supports for public servants who come forward to disclose wrongdoing
- enhancing the federal disclosure processes
- improving the operation and administration of the PSDPA, including training, communications and oversight
Task force membership
Composition
As determined by the President, in consideration of recommendations by the Chief Human Resources Officer (CHRO), the task force is comprised of up to 10 individual members, including senior officers for internal disclosure, academics, bargaining agent representatives and individuals with experience in disclosure regimes in other Canadian provincial or municipal jurisdictions.
If an individual leaves the task force, the President may, following a recommendation from the CHRO, appoint another person to the task force.
Overview of task force member responsibilities
Task force members are responsible to contribute the best of their knowledge, experience and judgment to assist the task force in arriving at objective, impartial advice and recommendations in the public interest. Each member shall act honestly and in a manner that supports the work and the credibility of the task force and a successful outcome, and will be guided by the values outlined in the Values and Ethics Code for the Public Sector.
Co-chairs
The President of the Treasury Board has appointed 2 task force members to be co-chairs of the task force.
- provide strategic support and direction to achieve the task force mandate and timelines
- schedule and call the task force meetings, set meeting agendas in consultation with the PSDPA review support team, and preside over the meetings
- demonstrate commitment to good governance. For example, provide clear strategic direction, summarize the discussions, as well as prevent and manage issues arising from any members’ interests or affiliations, and respect official languages by supporting members to participate in the official language of their choice
- ensure ongoing communication with senior Treasury Board Secretariat (TBS) leadership and/or the office of the CHRO, and the PSDPA review support team as required
- serve as official spokespersons for the task force
- co-ordinate and review the task force’s advice and recommendations for the report to the Treasury Board President and lead the drafting of the report with the assistance of the PSDPA Review support team
- provide the report to the President in a format suitable for posting on the task force web page
In addition, the co-chairs may be invited to participate in meetings with members of TBS management on an ad hoc as-required basis.
Affiliations and interests and confidentiality
Prior to the first meeting of the task force, members are required to disclose any affiliations and interests or potential circumstances that may lead to a situation, whether real, apparent or potential, in which the member of the task force has private interests that could influence their performance and responsibilities or in which they use their position for personal gain. Task force members may not use their position on the task force for private gain or for the gain of any other person, company, or organization.
Members agree to treat discussions of the task force and materials shared through the task force in a confidential manner. Task force members will respect the confidentiality of information they receive in the course of their participation in the task force, including any personal information provided during consultations, unless they receive clear indication that the information may be shared.
Public communications and the media
In dealings with the media and in public forums, members will reflect positions agreed upon by the task force in any statement made regarding the activities of the task force.
The following procedures will be followed with respect to public communications:
- Task force members will inform the co-chairs and the media relations representative of all media enquiries
- Co-chairs will be the only official spokespersons for the task force
- In the event that a member wishes to speak to the media concerning the task force, they shall: inform the media relations representative in advance; and clearly specify to any audience or recipient of the information that they are not an official spokesperson for the task force or TBS. An individual may speak from their perspective and may speak about positions taken by the task force, but are expected not to disclose discussion or disagreements within the task force or to criticize the work of the task force
- There will be no audio or video recording of any task force meetings
Task force meetings
Frequency
The task force shall meet at least twice a month, except for July and August. At least 3 meetings will be held in person in 2023. The task force may convene additional meetings if circumstances require it as determined by the co-chairs. Between formal meetings, the task force is encouraged to maintain communication by other means. The task force’s meeting schedule, to the extent possible, will be set by the co-chairs 2 months in advance.
Quorum
Attendance by the majority of task force members, including at least one ofthe co-chairs, shall be considered a quorum to hold a meeting. No alternates shall be permitted.
Preparation and participation by members
To enhance the effectiveness of task force meetings, members shall prepare for, and participate in, each meeting by reading provided background materials. Meeting materials will normally be provided to members at least 1 week prior to a scheduled meeting.
Attendance by non-members
The co-chairs may, as needed, ask other individuals to attend meetings or portions of meetings.
Minutes of meetings
Minutes of each meeting shall be kept and contain a record of persons present, a high-level summary of the discussion and the related topics, and the follow-up actions required. The minutes of the meetings shall be prepared bya member of the PSDPA review support team. Minutes shall be reviewed, amended as required, and approved at the following meeting of the task force.
Meeting agendas
Meeting agendas will be determined by the co-chairs.
Consultations with stakeholders
The PSDPA review support team will provide a draft consultation plan for consideration and decision by the co-chairs and the task force. The intention is to invite stakeholders to make submissions and to have a means for anyone interested to make a submission, but not to actively solicit submissions from the general public. All identified stakeholders will be notified of the process for making a submission. The task force will decide on possible follow-up (in-person meeting) based on the written submission.
The draft consultation plan will include consultations with or an invitation for submissions from the following:
- internal stakeholders: chief executives, Interdepartmental Working Group of Senior Officers for Disclosure, OCHRO, Department of Justice, and public servants with experience with the PSDPA, or an interest in the act
- external stakeholders: bargaining agents, the Public Sector Integrity Commissioner and officials from that office, the Auditor General, Registrar and members of the PSDP Tribunal, non-governmental organizations, academics, former public servants with experience with the PSDPA, and experts from other jurisdictions
Submissions may be made public if the author consents to the public release of the information. Individuals would not be required to publicly reveal their identity or their circumstances.
Operations
Briefing to the Chief Human Resources Officer
The co-chairs will brief the CHRO or their designated official on the work of the task force upon request.
Support to the task force
The task force will be provided sufficient resources and support to carry out its role and responsibilities.
Office of the Chief Human Resources Officer will:
- prepare formal communications related to the appointment of task force members and co-chairs
- maintain the list of task force members and completed agreements addressing confidentiality and affiliations and interests
PSDPA review support team will:
- provide research, background information and analysis on PSDPA-related policy matters
- draft a consultation plan for task force review
- summarize initial consultations and provide summaries to the task force
- liaise with the task force co-chairs and provide assistance in the timely preparation of notices, agendas and minutes of meetings
- provide logistical and other support required for meetings, including member travel
- maintain a repository of all task force meeting documentation (agendas, minutes, meeting documents)
- assist the task force in drafting the report for the Treasury Board President
- liaise with the Communications sector and OCHRO in regard to communications (including any social media, press releases or web postings)
- process travel claims of task force members according to the NJC Travel Directive
- receive and consider comments from task force members and co-chairs regarding the task force’s structure and processes, and propose potential structure and/or process revisions to the CHRO as the need arises
- support the process for approval of the task force Terms of Reference
Department of Justice will:
- provide support on legal issues through the PSDPA review support team as requested to support the work of the task force
Governing Principles
The task force shall establish guiding principles that promote collaboration, open dialogue and respect for the diversity of people’s experience and ideas, to be referred to as the Governing Principles.
Members act collectively as an advisor to the President of the Treasury Board with respect to the mandate of the task force but they are not final decision makers. TBS has the ultimate responsibility and accountability for any decision resulting from the advice received from an external advisory body including the task force.
Access to Information Act
TBS is subject to the Access to Information Act, which provides Canadian citizens and permanent residents of Canada the right to access information contained in federal government records, subject to certain specific and limited exceptions. Information pertaining to the work of the task force including information created by its members in any form (emails, meeting records etc.) may be assessed for public release in the event a request for access to this information is received. Members may consult with the support team for additional information on implications of the Access to Information Act.