Public Sector Integrity Commissioner of Canada | |
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Commissariat à l’intégrité du secteur public du Canada | |
Incumbent Harriet Solloway since September 27, 2023 | |
Abbreviation | PSIC |
Reports to | Parliament of Canada |
Nominator | Prime Minister of Canada |
Appointer | Governor in Council |
Term length | 7 years renewable once |
Constituting instrument | Public Servants Disclosure Protection Act |
First holder | Christiane Ouimet |
Bureau du Commissaire à l'intégrité du secteur public | |
Agency overview | |
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Formed | 2007 |
Headquarters | Ottawa, Ontario, Canada |
Employees | 28 |
Annual budget | $5.6 million (2019) [1] |
Website | www |
The Office of the Public Sector Integrity Commissioner of Canada is one of the Independent Oversight Offices created as part of the Canadian Federal Accountability Act. The Office investigates wrongdoing in the federal public sector and helps protect whistleblowers, and those who participate in investigations, from reprisal. Harriet Solloway is the current Commissioner, named on September 27, 2023. [2]
The Office is an independent federal organization created in 2007 under the Public Servants Disclosure Protection Act, is led by a Commissioner who reports directly to Parliament, and has jurisdiction over most federal public sector organizations, including the Royal Canadian Mounted Police and Crown Corporations. The Canadian Forces, the Canadian Security Intelligence Service and the Communications Security Establishment are exempt but must establish their own internal disclosure regime.
The Act is intended to address wrongdoing that could seriously impact the public's confidence in the integrity of the public service. Reports of founded wrongdoing are presented before the House of Commons and the Senate in accordance with the Public Servants Disclosure Protection Act. [3]
Christiane Ouimet became the first Public Sector Integrity Commissioner when the post was created by the Public Servants Disclosure Protection Act (S.C. 2005, c. 46) on August 6, 2007. [4] Ms. Ouimet retired effective October 18, 2010, amid an investigation on her behaviour in the workplace. [5]
She was replaced by Mario Dion, a former federal parole board chair, was named as the second Public Sector Integrity Commissioner on December 14, 2010. [6] In 2014, Michael Ferguson, Canada's former auditor general, publicly rebuked Dion's performance as the Public Sector Integrity Commissioner of Canada, an office that is supposed to protect public servants who blow the whistle on wrongdoing within the federal government. Dion was appointed commissioner by the Harper Government after the previous commissioner resigned amid complaints about the office. [7] He left office later that year.
Joe Friday was appointed commissioner by Harper Government in March 2015 for a seven-year tenure and by the Trudeau Government in March 2022 for a 18-month tenure.
Commissioner | Nominated by | Assumed office | left office |
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Christiane Ouimet | Stephen Harper | August 6, 2007 | October 18, 2010 |
Mario Dion | December 14, 2010 | 2014 | |
Joe Friday | Stephen Harper and | March 27, 2015 | September 26, 2023 |
Harriet Solloway | Justin Trudeau | September 27, 2023 |
A protected disclosure is defined in the Public Servants Disclosure Protection Act as a disclosure made by a public servant of any information that he or she believes could show that a wrongdoing was committed or is about to be committed in the federal public sector, or that could show that the public servant has been asked to commit a wrongdoing.
A disclosure is protected if it is made in good faith to the public servant's supervisor, to his/her organization's designated Senior Officer for internal disclosure, or to the Office of the Public Sector Integrity Commissioner.
Wrongdoing is defined as follows:
· a contravention of any Act of Parliament or of the legislature of a province or any regulations made under any such act;
· a misuse of public funds or a public asset;
· a gross mismanagement in the federal 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 section 5 or 6;
· knowingly directing or counseling a person to commit a wrongdoing as defined above.
If, after an investigation, the Commissioner finds that wrongdoing was committed, he/she must table a Case Report of founded wrongdoing in the House of Commons and the Senate in accordance with the Public Servants Disclosure Protection Act.
As of October 2017, a total of 15 reports have been tabled in Parliament. [8]
Following an investigation, launched as a result of an internal disclosure, which results in a finding of wrongdoing, the Chief Executive of the respective organization must promptly provide public access to information about the wrongdoing found and the recommendations for corrective action, if any.
Whether a disclosure is made internally or to PSIC, public sector employees are protected from reprisal by the Act.
Under the Act, “reprisal” is defined as any of the following measures taken against a public servant because the public servant has made a protected disclosure or has, in good faith, cooperated in an investigation into a disclosure or an investigation commenced under section 33:
For it to be considered reprisal under the Act, there must be a link between the alleged reprisal actions and the making of a disclosure of wrongdoing or participating in an investigation. The Act states that disclosers must contact the Office within 60 days of knowing that they have had a reprisal committed against them. The Commissioner must make a decision whether to investigate within 15 days of the complaint being filed and when all the necessary information to complete the assessment has been received. If the investigation leads the Commissioner to believe a reprisal has occurred, he will refer the case to a tribunal composed of provincial and federal judges. The Public Servants Disclosure Protection Tribunal has the power to order an appropriate remedy for victims of reprisal.
Whistleblowing is the activity of a person, often an employee, revealing information about activity within a private or public organization that is deemed illegal, immoral, illicit, unsafe or fraudulent. Whistleblowers can use a variety of internal or external channels to communicate information or allegations. Over 83% of whistleblowers report internally to a supervisor, human resources, compliance, or a neutral third party within the company, hoping that the company will address and correct the issues. A whistleblower can also bring allegations to light by communicating with external entities, such as the media, government, or law enforcement. Some countries legislate as to what constitutes a protected disclosure, and the permissible methods of presenting a disclosure. Whistleblowing can occur in the private sector or the public sector.
The Personal Information Protection and Electronic Documents Act is a Canadian law relating to data privacy. It governs how private sector organizations collect, use and disclose personal information in the course of commercial business. In addition, the Act contains various provisions to facilitate the use of electronic documents. PIPEDA became law on 13 April 2000 to promote consumer trust in electronic commerce. The act was also intended to reassure the European Union that the Canadian privacy law was adequate to protect the personal information of European citizens. In accordance with section 29 of PIPEDA, Part I of the Act must be reviewed by Parliament every five years. The first Parliamentary review occurred in 2007.
The United States Office of Special Counsel (OSC) is a permanent independent federal investigative and prosecutorial agency whose basic legislative authority comes from four federal statutes: the Civil Service Reform Act, the Whistleblower Protection Act, the Hatch Act, and the Uniformed Services Employment and Reemployment Rights Act (USERRA). OSC's primary mission is the safeguarding of the merit system in federal employment by protecting employees and applicants from prohibited personnel practices (PPPs), especially reprisal for "whistleblowing." The agency also operates a secure channel for federal whistleblower disclosures of violations of law, rule, or regulation; gross mismanagement; gross waste of funds; abuse of authority; and substantial and specific danger to public health and safety. In addition, OSC issues advice on the Hatch Act and enforces its restrictions on partisan political activity by government employees. Finally, OSC protects the civilian employment and reemployment rights of military service members under USERRA. OSC has around 140 staff, and the Special Counsel is an ex officio member of Council of Inspectors General on Integrity and Efficiency (CIGIE), an association of inspectors general charged with the regulation of good governance within the federal government.
The Federal Accountability Act is a statute introduced as Bill C-2 in the first session of the 39th Canadian Parliament on April 11, 2006, by the President of the Treasury Board, John Baird. The aim was to reduce the opportunity to exert influence with money by banning corporate, union, and large personal political donations; five-year lobbying ban on former ministers, their aides, and senior public servants; providing protection for whistleblowers; and enhancing the power of the Auditor General to follow the money spent by the government.
Privacy law is a set of regulations that govern the collection, storage, and utilization of personal information from healthcare, governments, companies, public or private entities, or individuals.
The Whistleblower Protection Act of 1989, 5 U.S.C. 2302(b)(8)-(9), Pub.L. 101-12 as amended, is a United States federal law that protects federal whistleblowers who work for the government and report the possible existence of an activity constituting a violation of law, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority or a substantial and specific danger to public health and safety. A federal agency violates the Whistleblower Protection Act if agency authorities take retaliatory personnel action against any employee or applicant because of disclosure of information by that employee or applicant.
The Public Service of Canada is the civilian workforce of the Government of Canada's departments, agencies, and other public bodies.
The Federal Accountability Initiative for Reform (FAIR) was a Canadian public interest organization and registered charity whose purpose was to support legislation and management practices that protect whistleblowers.
Christiane Ouimet was the first Public Sector Integrity Commissioner of Canada. She retired on October 18, 2010.
The Public Servants Disclosure Protection Act 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.
Corruption is an increasing issue across Canada. On Transparency International's 2023 Corruption Perceptions Index, Canada scored 76 on a scale from 0 to 100. When ranked by score, Canada ranked 12th among the 180 countries in the Index, where the country ranked first is perceived to have the most honest public sector. For comparison with worldwide scores, the best score was 90, the average score was 43, and the worst score was 11. For comparison with regional scores, Canada's score of 76 was the highest score among the countries of the Americas. Regionally, the average score was 43 and the lowest score was 13.
The Department of Defense Whistleblower Program in the United States is a whistleblower protection program within the U.S. Department of Defense (DoD) whereby DoD personnel are trained on whistleblower rights. The Inspector General's commitment fulfills, in part, the federal mandate to protect whistleblowers. It also administers the Defense Intelligence Community Whistleblower Protection Program (DICWP), as a sub-mission for the intelligence community. The Inspector General's Defense Criminal Investigative Service also conducts criminal investigations which rely, in part, on Qui Tam relators.
Military Whistleblower Protection Act of 1988 (MWPA), as amended at title 10, United States Code, Section 1034, and elsewhere, is an American law providing protection of lawful disclosures of illegal activity by members of the United States Armed Forces.
The Defense Intelligence Community Whistleblower Program (DICWP) is a sub-mission of the United States Department of Defense Whistleblower Program. In administering the DICWP, the Office of the Inspector General, U.S. Department of Defense (DoDIG) balances the competing national security and separation of powers interests raised by whistleblowing within the Defense Intelligence Community.The DoDIG provides a safe, authorized conduit for Defense Department whistleblowers to disclose classified information. The Inspector General also has authority to investigate whistleblowing reprisal allegations filed by civilian and military members of the Defense Intelligence Community. It therefore accepts the disclosures and provides source protection for those providing the information. The Department of Defense funds and supervises much of the Republic's intelligence gathering. DoD IG accordingly provides protection to a large number of civilian and military intelligence personnel.
A whistleblower is a person who exposes any kind of information or activity that is deemed illegal, unethical, or not correct within an organization that is either private or public. The Whistleblower Protection Act was made into federal law in the United States in 1989.
Whistle Blowers Protection Act, 2011 is an Act of the Parliament of India which provides a mechanism to investigate alleged corruption and misuse of power by public servants and also protect anyone who exposes alleged wrongdoing in government bodies, projects and offices. The wrongdoing might be in the form of fraud, corruption or mismanagement. The Act will also ensure punishment for false or frivolous complaints.
The Independent Broad-based Anti-corruption Commission (IBAC) is Victoria's anti-corruption integrity agency with jurisdiction over the public sector. It does this by:
Whistleblower protection in Australia is offered for certain disclosures under a patchwork of laws at both federal and state level. Eligibility for protection depends on the requirements of the applicable law and the subject matter of the disclosure. Not all disclosures are protected by law in Australia. At federal level, whistleblowers face potential imprisonment for making disclosures about certain subjects, including national security and immigration matters.
Mario Dion is a Canadian public servant who served as the second conflict of interest and ethics commissioner of Canada. He was appointed on January 9, 2018, succeeding Mary Dawson to a seven-year term. In February 2023, he resigned due to persistent health issues.
In Canada, a deferred prosecution agreement (DPA) or remediation agreement refers to an agreement under Part XXII.1 of the Criminal Code. The agreement is made between the Crown prosecutor and an organization alleged to have committed certain types of criminal offences, usually in the context of fraud or corruption, with the consent of the relevant Attorney General and under the supervision of a judge. Under a deferred prosecution agreement, the Crown prosecutor can agree to defer bringing a prosecution for the alleged offences if the organization takes steps to improve its conduct, makes restitution, and implements internal controls to avoid a repetition of the conduct.