Question Period Note: Public Servants Disclosure Protection Act Review

In 2017, the Standing Committee on Government Operations and Estimates tabled a report that included recommendations for legislative amendments to the Public Servants Disclosure Protection Act. On February 17, 2021, the committee readopted its report and requested that the government table a comprehensive response to the report. Parliament was dissolved prior to a government response being tabled. The dissolution of Parliament means there is no longer a requirement for a response to be tabled.

•The government is committed to promoting a positive, respectful and safe public sector culture that is grounded in values and ethics, where public servants feel safe to come forward to disclose wrongdoings.
•The Public Servants Disclosure Protection Act helps to sustain an ethical workplace culture and supports the integrity of the federal public sector.
•The Government of Canada has made, and continues to make, meaningful improvements to the federal disclosure process, including enhancing reporting through the Annual Report on the Public Servants Disclosure Protection Act, and has, as well, through the Office of the Chief Human Resources Officer, been providing guidance to deputy heads and supporting outreach, mental health, and education initiatives to foster an environment that is inclusive, and help public servants navigate the disclosure process.

In June 2017, the Standing Committee on Government Operations and Estimates tabled its report on their independent review of the Public Servants Disclosure Protection Act. The report contained 15 recommendations covering issues such as the definition of terms, training, protection of whistleblowers, research, and assessments.

In October 2017, the government committed to implement improvements to the administration and operation of the internal disclosure process and to protection from acts of reprisal but not legislative amendments.

In February 2018, the Standing Committee on Government Operations and Estimates adopted a motion to invite the President of the Treasury Board to provide a briefing on the progress made by the Government in implementing the recommendations made by the Committee in its statutory review of the Public Servants Disclosure Protection Act.

On February 17, 2021, the Government Operations Committee adopted a motion by Conservative MP Kelly McCauley to readopt the 2017 report and request a government response. Parliament was dissolved prior to a government response being tabled, and the dissolution of Parliament means there is no longer a requirement for a response to be tabled. If a committee in the new Parliament readopts the same recommendations again and requests a response, this would trigger a new requirement for a response, and the Government would consider the substance of a response at that time.

The Office of the Chief Human Resources Officer is leading the implementation of activities in support of these commitments. More generally, we have taken a number of actions to foster an environment where public servants feel safe and protected to come forward, including:

•conducting outreach and education activities to inform public servants about the disclosure of wrongdoing process and protection against acts of reprisal;
•establishing a Centre of Expertise on Mental Health in the Workplace, helping implement the National Standard of Canada for Psychological Health and Safety in the Workplace;
•establishing a Centre for Diversity and Inclusion, providing public servants with a platform for engaging with these issues and conducting research and analysis;
•taking steps to address harassment and violence in the workplace, including providing guidance to deputy heads, managers, departmental advisors and public servants on what constitutes harassment as well as how to prevent and resolve harassment in the workplace; and
•completing the first phase of Policy Suite Reset for the Policy on People Management and the Policy on the Management of Executives, which sets the foundation for the ongoing adaptation of policies to better support an ethical workplace culture in which public servants feel safe to come forward without fear of reprisal.

In addition, we have kept a pulse on this issue by:

•monitoring departmental activities via the Management Accountability Framework as it relates to people management; and
•monitoring public servant sentiment via the annual Public Service Employee Survey.

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