Wrongdoing

What is wrongdoing?

Under section 3 of the Public Interest Disclosure Act, a wrongdoing is defined as:

• An act or omission constituting an offence under an Act of the Legislature or the Parliament of Canada, or a regulation made under an Act
• 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 an employee
• Gross mismanagement, including of public funds or a public asset
• Knowingly directing or counselling a person to commit a wrongdoing

Who can make a wrongdoing complaint to the Ombud?

Only employees in Part 1, Part 2, Part 3, Part 4 of the public service may make a wrongdoing complaint to the Ombud.

If the Ombud receives a complaint from an individual who is not an employee of the public service, they may forward the claim to the chief executive of that portion of the public service in respect of which the claim is made.

How are employees protected from reprisals?

If an employee (or former employee) feels a reprisal has been taken against them, they may file a complaint with the Labour and Employment Board.

What organizations are subject to wrongdoing complaints?

The Public Interest Disclosure Act applies to Part 1, Part 2, Part 3, Part 4 of the public service as specified in the First Schedule of the Public Service Labour Relations Act.

What is the purpose of a wrongdoing investigation by the Ombud?

According to section 19 of the Public Interest Disclosure Act, the purpose of an investigation into a disclosure of wrongdoing is to bring the wrongdoing to the attention of the appropriate officials in that portion of the public service in respect of which the disclosure is made, and to recommend corrective measures that should be taken.

What powers does the Ombud have?

The Ombud is responsible for investigating wrongdoing complaints on a confidential basis and as informally and expeditiously as possible.  When a wrongdoing is found, the Ombud may make recommendations for corrective measures that should be taken and issue a public report to bring the issues to light.

Does the Ombud have to investigate my complaint? Can they refuse to investigate?

The Ombud does not have to investigate a disclosure in the following circumstances:

• if the disclosure could be better dealt with through a procedure provided in another Act
• if the disclosure is frivolous, vexatious, not made in good faith, or if it does not deal with a sufficiently serious subject-matter
• if the disclosure does not provide enough particulars about the wrongdoing
• if there is another valid reason for not investigating the disclosure.

What is wrongdoing?

Under section 3 of the Public Interest Disclosure Act, a wrongdoing is defined as:

• An act or omission constituting an offence under an Act of the Legislature or the Parliament of Canada, or a regulation made under an Act
• 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 an employee
• Gross mismanagement, including of public funds or a public asset
• Knowingly directing or counselling a person to commit a wrongdoing

What powers does the Ombud have?

The Ombud is responsible for investigating wrongdoing complaints on a confidential basis and as informally and expeditiously as possible.  When a wrongdoing is found, the Ombud may make recommendations for corrective measures that should be taken and issue a public report to bring the issues to light.