| Public Sector Integrity Commissioner of Canada | |
|---|---|
| Commissariat à l’intégrité du secteur public du Canada | |
Incumbent since September 27, 2023Harriet Solloway | |
| 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 | |
|---|---|
| Formed | 2007 |
| Headquarters | Ottawa, Ontario, Canada |
| Employees | 28 |
| Annual budget | $5.6 million (2019)[1] |
| Website | www |
TheOffice of the Public Sector Integrity Commissioner of Canada is one of theIndependent Oversight Offices created by thePublic Servants Disclosure Protection Act (PSPD Act) as part of the CanadianFederal 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 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]
The Office is an independent federal organization created in 2007 under the PSDP Act, is led by a Commissioner who reports directly to Parliament, and has jurisdiction over most federal public sector organizations, including theRoyal Canadian Mounted Police and Crown Corporations. TheCanadian Forces, theCanadian Security Intelligence Service and theCommunications Security Establishment are exempt but must establish their own internal disclosure regime.
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 theHarper Government after the previous commissioner resigned amid complaints about the office.[7] He left office later that year.
Joe Friday was appointed commissioner byHarper Government in March 2015 for a seven-year tenure and by theTrudeau Government in March 2022 for a 18-month tenure.
| Commissioner | Nominated by | Assumed office | left office |
|---|---|---|---|
| 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 PSPD 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:
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 PSPD 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. ThePublic Servants Disclosure Protection Tribunal has the power to order an appropriate remedy for victims of reprisal.