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Policy on Complaints of Reprisal Stemming from Internal Disclosures of Wrongdoing

1 Effective Date

The Policy on Reprisal Complaints Stemming from Internal Disclosures of Wrongdoing (Policy) takes effect on August 20, 2025.

2 Application

The Policy on Reprisal Complaints Stemming from Internal Disclosures of Wrongdoing applies to the Public Sector Integrity Commissioner and to all employees of the Office of the Public Sector Integrity Commissioner of Canada (the Office).

3 Context

The Office of the Public Sector Integrity Commissioner of Canada (PSIC) is the only body with the authority under the Public Servants Disclosure Protection Act (the Act) receive complaints of reprisal.

This policy refers to sections 2, 8, 12 and 19.1 of the Act.

4 Policy Statement

4.1 Objectives

The objectives of this policy are to:

  • Support the decision-making process within the Office of the Public Sector Integrity Commissioner of Canada by bringing clarity and ensuring consistency in decisions on whether to investigate reprisal complaints stemming from internal disclosures of wrongdoing; and
  • Increase transparency around the PSIC decision-making process.

4.2 Expected Results

The expected results of this policy are:

  • Consistency in decisions whether to investigate reprisal complaints stemming from internal disclosures of wrongdoing
  • Greater efficiency in the processing of complaints of reprisal stemming from internal disclosures of wrongdoing; and
  • A fair, clear and transparent decision-making process.

5 Definitions

For definitions to be used in the interpretation of this policy, refer to Appendix A.

6 Policy Requirements

6.1 Investigation of Reprisal Complaints

In deciding whether to investigate a complaint of reprisal stemming from an internal disclosure of wrongdoing, the following requirements must be met:

  • The complainant is a current or former federal public servant
  • The complainant was a federal public servant at the time of the internal disclosure and reprisal measure
  • The reprisal complaint was filed in a form acceptable to the Commissioner
  • The reprisal complaint was filed within 60 days, or an extension was granted
  • The complainant has demonstrated reasonable grounds for believing that reprisal has been taken against them
  • disclosure was made pursuant to section 12 of the Act

If the above requirements have been met, the following criteria will be considered in deciding whether to investigate a complaint of reprisal stemming from an internal disclosure of wrongdoing:

Criteria that would support a protected disclosure

  • The complainant participated in an internal disclosure investigation
  • The internal disclosure made by the complainant was investigated by the organization
  • The disclosure was made to the discloser’s supervisor or to the Senior Officer for Internal Disclosure
  • The subject matter of the internal disclosure relates to wrongdoing as defined under section 8 of the Act and as interpreted by the Courts
  • The intention of the discloser was to denounce wrongdoing as defined under the Act and as interpreted by the courts

Criteria that would not support a protected disclosure

  • The subject matter of the internal disclosure relates to an opinion, disagreement general inquiries or clarifications, personal matter, policy or scientific debate, or other matters unrelated to wrongdoing under the Act
  • The internal disclosure was disseminated broadly
  • The internal disclosure does not present new facts or issues that are not already publicly known
  • Advocacy or lobbying activities
  • The internal disclosure was not made in good faith

7 References

7.1 Legislation

Financial Administration Act;
Public Servants Disclosure Protection Act;
 

7.2 Related Policy Instruments and Publications

Policy on Complaints of Reprisal Arising from Harassment or Workplace Grievances

Policy on the Time Limit for Making a Complaint of Reprisal

Policy on Duplicate or Multiple Reprisal Complaints

8 Enquiries

Enquiries about this policy should be directed to the Office of the Public Sector Integrity Commissioner.

www.psic-ispc.gc.ca

Appendix A Definitions

Internal Disclosure
A disclosure made by a public servant to his or her supervisor or senior officer for internal disclosure (SOID) within his or her organization.

Disclosure
Communicating information that the public servant believes in good faith could show that a wrongdoing has been, is being or will be committed, or could show that he or she has been asked to commit a wrongdoing. The communication must reveal an intention to denounce or disclose a wrongdoing (blow the whistle). While it is not necessary for the public servant to explicitly stated that he is making a disclosure or refer to the Act, the intention to denounce or disclose must be inferred from the language used and the circumstances surrounding his or her communication.

Complaint
A reprisal complaint filed by a federal public servant or a former federal public servant in a form acceptable to the Public Sector Integrity Commissioner in accordance with section 19.1(1) of the Act.

Discloser
The person who made the internal disclosure and who is employed in the public sector, a member of the Royal Canadian Mounted Police, a chief executive, or was a former public servant at the time of the disclosure.

Supervisor
The complainant’s direct supervisor at the time the complainant made their internal disclosure.

Senior Officer for Internal Disclosure
The senior officer designated by the chief executive of the organization in which the alleged wrongdoing occurred pursuant to subsection 10(2) of the Act, responsible for receiving and dealing with disclosures of wrongdoing made by public servants employed in the said organization.

Intention
Intention refers to the underlying purpose or objective behind an individual's actions or statements. It involves assessing whether the discloser’s aim was to denounce perceived wrongdoing.

Wrongdoing
The term wrongdoing in this policy has the same meaning as wrongdoing as defined in section 8 of the Act.

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