Annual Report on the Public Servants Disclosure Protection Act 2010-11
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Table of Contents
- Introduction
- Reported Disclosure Activity
- Appendix: Summary of Organizational Activity Related to Disclosures Under the Act
- A. Organizations reporting activity under the Act in 2010–11
- B. Organizations that reported no activities related to disclosure in the reporting period
- C. Organizations that do not have a senior officer or internal disclosure procedures as of the end of the reporting period, pursuant to subsection 10(4) of the Act
- D. Inactive organizations that are subject to the Act
Introduction
Section 38.1 of the Public Servants Disclosure Protection Act (PSDPA) requires that the Chief Human Resources Officer prepare an annual report for the President of the Treasury Board to table in Parliament. The report must provide information on activities related to the disclosures made in public sector organizations that are subject to the Act. The present document, the fourth annual report under the PSDPA, covers the reporting requirements for the period of April 1, 2010, to March 31, 2011.
The PSDPA establishes procedures for handling allegations of wrongdoing and complaints of reprisal and provides concrete support for grounding public sector culture firmly in values and ethics. For details on the origin and intent of the Act and definitions of key terms used in this report, please refer to the Annual Report on the "Public Servants Disclosure Protection Act" 2007–08[1] and the information related to the Act provided on the Office of the Chief Human Resources Officer's (OCHRO's) website.[2]
This report includes information provided by public sector organizations related to disclosures made according to internal procedures established under the Act, as reported to OCHRO by the senior officer or chief executive of each of these organizations. It does not cover disclosures or reprisal complaints made to the Office of the Public Sector Integrity Commissioner of Canada, which are covered by the Commissioner's report to Parliament.
Reported Disclosure Activity
There are 154 active organizations in the federal public sector that are currently subject to the Act.[3] These organizations inform OCHRO of senior officer appointments under the Act. Pursuant to subsection 10(4) of the Act, 36 organizations have declared that they would not establish internal disclosure procedures or appoint a senior officer because the size of the organization made it impractical to do so.
Subsection 38.1(1) of the Act requires each chief executive to prepare and submit to OCHRO, within 60 days after the end of every fiscal year, a report on the activities related to disclosures made in his or her organization. The following is a summary of these reports. Statistics from previous years are included for comparison.
| Disclosure Activity | 2010–11 | 2009–10 | 2008–09 | 2007–08 |
|---|---|---|---|---|
| Number of active organizations | 154 | 155 | 153 | 153 |
| Number of general inquiries relating to the Act | 277 | 281 | 186 | 259 |
| Number of organizations that reported inquiries | 33 | 29 | 28 | 35 |
| Number of disclosures received under the Act | 291 | 213 | 181 | 234 |
| Number of organizations that reported disclosures | 33 | 32 | 27 | 30 |
| Number of referrals resulting from a disclosure made in another public sector organization | 3 | 4 | 2 | 1 |
| Number of cases carried over based on disclosures made in previous year | 75 | 31 | 25 | N/A |
| Total number of disclosures handled (new disclosures plus cases carried over and referrals) |
369 | 248 | 208 | N/A |
| Number of disclosures received that were acted upon | 350 | 218 | 162 | 179 |
| Number of disclosures received that were not acted upon | 19 | 30 | 45 | 50 |
| Number of investigations commenced as a result of disclosures received | 111 | 75 | 60 | 87 |
| Number of disclosures received that led to a finding of wrongdoing | 9 | 7 | 6 | 7 |
| Number of organizations that reported findings of wrongdoing | 7 | 4 | 3 | 6 |
| Number of disclosures received that led to corrective measures | 31 | 36 | 38 | 26 |
| Number of organizations that reported corrective measures | 16 | 14 | 13 | 14 |
| Number of organizations that reported finding systemic problems that gave rise to wrongdoing | 2 | 4 | 1 | 2 |
| Number of organizations that reported not disclosing information about findings of wrongdoing within 60 days | 7 | N/A | N/A | N/A |
In accordance with paragraph 11(1)(c) of the Act, it is the responsibility of each organization to provide public access to information describing findings of wrongdoing and any follow-up action taken. This information is not collected or repeated in this report.
Statistics on organizational reports of activities related to disclosures made under the Act are available in the Appendix. These statistics provide a useful snapshot of activity under the PSDPA. The following points might be noted in relation to this information:
- It is difficult to compare statistics across organizations because the cultures vary; issues may be dealt with through different mechanisms in different organizations.
- Sometimes a disclosure will contain several allegations, each taken as a separate disclosure.
- Cases that are identified through disclosure may be followed up through another process, such as a grievance procedure, as appropriate.
- Disclosures can be made to a supervisor, a senior officer for disclosure, an individual named by the empowering legislation (such as the Royal Canadian Mounted Police complaints officer) or the Public Sector Integrity Commissioner. The choice of channel for disclosure cannot be construed to reflect a lack of trust in one channel or the other.
Appendix: Summary of Organizational Activity Related to Disclosures Under the Act
A. Organizations reporting activity under the Act in 2010–11
| * These organizations also reported a related systemic problem that has been addressed through corrective measures. | ||||||||||
| Organization | General inquiries | Disclosures | Investigations commenced | Disclosure Outcomes | ||||||
|---|---|---|---|---|---|---|---|---|---|---|
| Received | Referred | Carried over from 2009–10 | Acted upon | Not acted upon | Carried over into 2011–12 | A finding of wrong-doing | Corrective measures | |||
| Aboriginal Affairs and Northern Development Canada | 2 | 2 | 0 | 3 | 5 | 0 | 2 | 0 | 0 | 0 |
| Agriculture and Agri-Food Canada | 0 | 1 | 0 | 0 | 1 | 0 | 0 | 1 | 0 | 1 |
| Atlantic Canada Opportunities Agency | 6 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Atomic Energy of Canada Limited | 0 | 26 | 0 | 5 | 31 | 0 | 3 | 9 | 0 | 8 |
| Canada Border Services Agency | 70 | 62 | 3 | 3 | 63 | 5 | 18 | 4 | 2 | 4 |
| Canada Post Corporation | 0 | 80 | 0 | 0 | 80 | 0 | 7 | 32 | 0 | 0 |
| Canada Revenue Agency | 6 | 1 | 0 | 0 | 1 | 0 | 1 | 0 | 0 | 0 |
| Canadian Broadcasting Corporation | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Canadian Food Inspection Agency | 0 | 13 | 0 | 3 | 14 | 2 | 2 | 2 | 0 | 0 |
| Canadian Heritage | 2 | 3 | 0 | 0 | 3 | 0 | 0 | 0 | 0 | 0 |
| Canadian International Development Agency | 0 | 1 | 0 | 0 | 1 | 0 | 0 | 1 | 0 | 0 |
| Canadian Security Intelligence Service | 5 | 3 | 0 | 0 | 0 | 3 | 0 | 0 | 0 | 0 |
| Canadian Space Agency | 2 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Canadian Tourism Commission | 0 | 1 | 0 | 0 | 1 | 0 | 0 | 1 | 0 | 0 |
| Canadian Transportation Agency | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Citizenship and Immigration Canada | 1 | 1 | 0 | 0 | 1 | 0 | 1 | 0 | 0 | 0 |
| Correctional Service Canada | 5 | 5 | 0 | 4 | 9 | 0 | 3 | 2 | 0 | 1 |
| Environment Canada | 1 | 1 | 0 | 2 | 3 | 0 | 0 | 0 | 0 | 2 |
| Export Development Canada | 0 | 2 | 0 | 0 | 2 | 0 | 2 | 2 | 0 | 0 |
| Fisheries and Oceans Canada | 10 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 1 |
| Foreign Affairs and International Trade Canada | 0 | 2 | 0 | 0 | 0 | 2 | 0 | 0 | 0 | 0 |
| Health Canada | 28 | 6 | 0 | 0 | 6 | 0 | 0 | 6 | 0 | 1 |
| Human Resources and Skills Development Canada | 8 | 5 | 0 | 2 | 7 | 0 | 0 | 2 | 0 | 2 |
| Immigration and Refugee Board of Canada | 12 | 5 | 0 | 0 | 5 | 0 | 0 | 5 | 0 | 0 |
| Industry Canada | 2 | 0 | 0 | 2 | 2 | 0 | 0 | 0 | 0 | 0 |
| Infrastructure Canada | 2 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| International Development Research Centre | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Marine Atlantic Inc. | 0 | 1 | 0 | 0 | 1 | 0 | 1 | 1 | 0 | 0 |
| National Capital Commission | 13 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| National Defence | 22 | 13 | 0 | 8 | 15 | 6 | 1 | 2 | 1 | 1 |
| National Gallery of Canada* | 0 | 9 | 0 | 0 | 9 | 0 | 1 | 9 | 1 | 1 |
| National Research Council Canada | 1 | 10 | 0 | 0 | 10 | 0 | 5 | 10 | 0 | 0 |
| Natural Resources Canada | 2 | 5 | 0 | 1 | 6 | 0 | 2 | 2 | 0 | 3 |
| Parks Canada | 5 | 1 | 0 | 1 | 2 | 0 | 0 | 0 | 0 | 0 |
| Passport Canada | 6 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Public Health Agency of Canada* | 0 | 2 | 0 | 1 | 3 | 0 | 2 | 0 | 1 | 1 |
| Public Prosecution Service of Canada | 0 | 0 | 0 | 1 | 1 | 0 | 1 | 1 | 0 | 0 |
| Public Sector Pension Investment Board | 0 | 1 | 0 | 0 | 1 | 0 | 1 | 1 | 0 | 0 |
| Public Service Commission of Canada | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Public Works and Government Services Canada | 30 | 7 | 0 | 8 | 15 | 0 | 14 | 7 | 1 | 1 |
| Royal Canadian Mounted Police | 12 | 17 | 0 | 27 | 43 | 1 | 40 | 5 | 0 | 0 |
| Statistics Canada | 4 | 2 | 0 | 2 | 4 | 0 | 1 | 2 | 2 | 2 |
| Status of Women Canada | 2 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| The National Battlefields Commission | 0 | 1 | 0 | 0 | 1 | 0 | 0 | 1 | 1 | 1 |
| Transport Canada | 10 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Veterans Affairs Canada* | 3 | 1 | 0 | 1 | 2 | 0 | 0 | 2 | 0 | 1 |
| Western Economic Diversification Canada | 1 | 1 | 0 | 0 | 1 | 0 | 0 | 1 | 0 | 0 |
| Totals | 277 | 291 | 3 | 75 | 350 | 19 | 108 | 111 | 9 | 31 |
B. Organizations that reported no activities related to disclosure in the reporting period
Atlantic Pilotage Authority Canada
Bank of Canada
Business Development Bank of Canada
Canada Council for the Arts
Canada Deposit Insurance Corporation
Canada Development Investment Corporation
Canada Employment Insurance Financing Board
Canada Industrial Relations Board
Canada Mortgage and Housing Corporation
Canada School of Public Service
Canada Science and Technology Museum
Canadian Air Transport Security Authority
Canadian Centre for Occupational Health and Safety
Canadian Commercial Corporation
Canadian Environmental Assessment Agency
Canadian Grain Commission
Canadian Institutes of Health Research
Canadian International Trade Tribunal
Canadian Museum for Human Rights
Canadian Museum of Civilization
Canadian Nuclear Safety Commission
Canadian Radio-television and Telecommunications Commission
Commission for Public Complaints Against the Royal Canadian Mounted Police
Courts Administration Service
Defence Construction Canada
Department of Finance Canada
Department of Justice Canada
Economic Development Agency of Canada for the Regions of Quebec
Energy Supplies Allocation Board
Enterprise Cape Breton Corporation
Farm Credit Canada
Great Lakes Pilotage Authority Canada
Human Rights Tribunal of Canada
Indian Oil and Gas Canada
Library and Archives Canada
Military Police Complaints Commission of Canada
National Arts Centre Corporation
National Energy Board
National Film Board
Northern Pipeline Agency Canada
Office of the Auditor General of Canada
Office of the Chief Electoral Officer
Office of the Commissioner for Federal Judicial Affairs Canada
Office of the Governor General's Secretary
Office of the Information Commissioner of Canada
Office of the Public Sector Integrity Commissioner of Canada
Office of the Superintendent of Financial Institutions Canada
Pacific Pilotage Authority Canada
Parole Board of Canada
PPP Canada
Privy Council Office
Public Appointments Commission Secretariat
Public Safety Canada
RCMP External Review Committee
Registry of the Specific Claims Tribunal of Canada
Ridley Terminals Inc.
Registrar of the Supreme Court of Canada
Royal Canadian Mint
Science and Engineering Research Canada
Social Sciences and Humanities Research Council of Canada
Staff of the Non-Public Funds, Canadian Forces
Statistical Survey Operations
The Correctional Investigator Canada
The Federal Bridge Corporation Limited
Transportation Safety Board of Canada
Treasury Board of Canada Secretariat
Via Rail Canada Inc.
C. Organizations that do not have a senior officer or internal disclosure procedures as of the end of the reporting period, pursuant to subsection 10(4) of the Act
Assisted Human Reproduction Canada
Blue Water Bridge Canada
Canada Lands Company Limited
Canadian Artists and Producers Professional Relations Tribunal
Canadian Dairy Commission
Canadian Forces Grievance Board
Canadian Human Rights Commission
Canadian Intergovernmental Conference Secretariat
Canadian Museum of Nature
Canadian Polar Commission
Canadian Race Relations Foundation
Copyright Board Canada
Farm Products Council of Canada
Federal Economic Development Agency for Southern Ontario
Financial Consumer Agency of Canada
Financial Transactions and Reports Analysis Centre of Canada
First Nations Statistical Institute
Freshwater Fish Marketing Corporation
Hazardous Materials Information Review Commission Canada
International Joint Commission (Canadian Section)
Laurentian Pilotage Authority Canada
National Gallery of Canada
National Round Table on the Environment and the Economy
Office of the Commissioner of Lobbying of Canada
Office of the Commissioner of Official Languages
Office of the Communications Security Establishment Commissioner
Office of the Privacy Commissioner of Canada
Patented Medicine Prices Review Board Canada
Public Servants Disclosure Protection Tribunal Canada
Public Service Labour Relations Board
Public Service Staffing Tribunal
Registry of the Competition Tribunal
Security Intelligence Review Committee
Standards Council of Canada
Telefilm Canada
Transportation Appeal Tribunal of Canada
D. Inactive organizations that are subject to the Act
Canada Emission Reduction Incentives Agency
Canada Investment and Savings
Cape Breton Development Corporation (amalgamated with and reporting through Enterprise Cape Breton Corporation)
Corporation for the Mitigation of Mackenzie Gas Project Impacts
Footnotes
[1] Annual Report on the "Public Servants Disclosure Protection Act" 2007–08
[2] Treasury Board of Canada Secretariat, OCHRO, Public Servants Disclosure Protection Act (PSDPA)
[3] This figure does not include the three organizations excluded from the definition of "public sector" in the Act (the Canadian Forces, the Canadian Security Intelligence Service and Communications Security Establishment Canada) or the organization that requires an Order in Council to become subject to the Act (the Canada Pension Plan Investment Board). Special operating agencies are considered to be a part of their parent organizations, with the exception of Passport Canada.
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