Wrongdoing Investigations
The investigations conducted under the Public Servants Disclosure Protection Act (PSDPA) are administrative in nature. Decisions whether a wrongdoing has been committed are made on the balance of probabilities test (which means that it is more likely to be true than not true).
The rights to procedural fairness and natural justice of all persons involved in investigations are respected throughout the investigation process. This means that any person adversely affected by the allegations will be informed of the details of the allegations in due course and will have a full and ample opportunity to respond to them, either orally, in writing, or both.
As required by the Privacy Act and the Access to Information Act, the Commissioner must refuse to disclose any personal information that was obtained or created by her or obtained or created by the Office’s investigators in the course of an investigation. As required by the PSDPA, the Commissioner and the Office’s investigators shall not disclose any information that comes to their knowledge in the performance of their duties, unless otherwise required by law.
Whether or not the Commissioner decides to pursue an investigation into the allegations, the discloser is notified in writing of the reasons for this decision.
The Commissioner will launch an investigation when the allegations concern wrongdoing as defined by the PSDPA and when there are sufficient grounds to believe that wrongdoing has occurred. In some cases the Commissioner will decide not to investigate. Some of the factors considered when making this decision include:
- whether the information disclosed has been properly and adequately dealt with, or could more appropriately be dealt with, according to another procedure (for example, human rights violations can be dealt with by the Canadian Human Rights Commission);
- the length of time that has elapsed since the events occurred (after a certain amount of time, it may serve no useful purpose to deal with the disclosure).
- whether the matter falls within the jurisdiction of the Commissioner.
What will happen after I report wrongdoing?
- Your allegations will be reviewed to determine if an investigation is warranted. The Commissioner will notify you in writing of her decision to proceed or not with an investigation, as well as the reasons for her conclusion.
- If the Commissioner’s decision is to investigate, we will advise the chief executive of the organization involved. If required, we will also advise persons against whom allegations have been made.
- You may be asked to participate as a witness during the course of the investigation.
- At the end of an investigation, you will be notified of the Commissioner’s findings.
When the Commissioner launches an investigation, what information is shared and with whom?
In accordance with the PSDPA, your identity will be protected to the extent possible. Before launching an investigation, the Commissioner will notify the chief executive of the organization where the alleged wrongdoing took place. The Commissioner will share the substance of the allegations but not the discloser's identity.
The Commissioner, or the person conducting the investigation, may also notify any other person they consider appropriate, including every person whose acts or conduct are called into question by the allegations. Those accused of wrongdoing will be provided information about the substance of the allegations.
What happens following an investigation into a disclosure of wrongdoing?
The Commissioner will make a decision as to whether the alleged wrongdoing is founded based on the results of the investigation.
The Commissioner’s decision will be communicated to the discloser, those accused of wrongdoing and organization’s chief executive. In cases of founded wrongdoing, the Commissioner must table a case report with details of the investigation results in Parliament within 60 days of informing the chief executive. The Commissioner will include recommendations to the chief executive for corrective measures.
Allegations of wrongdoing have been made against me. What are my rights?
The Office is committed to ensuring that the principles of natural justice and procedural fairness are applied to all persons involved.
If you are alleged to have committed a wrongdoing, you will be informed of the substance of the disclosure. You will be given full and ample opportunity to answer allegations. You have the right to be assisted or represented by any person of your choice, including counsel.