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I am pleased to present the 2008-2009 Report on Plans and Priorities for the Public Servants Disclosure Protection Tribunal.
The creation of the Tribunal is part of the government's agenda to strengthen accountability and enhance public trust and confidence in the integrity of public servants. The Tribunal derives its mandate from the Public Servants Disclosure Protection Act, which came into force on April 15, 2007. The Act is designed to encourage public servants to report wrongdoing by providing protection, in law, against reprisals.
The Act recognizes that the federal public service is an important pillar of Canadian democracy and that it is in the public interest to maintain and enhance public confidence in the integrity of public servants. The establishment of effective procedures for the disclosure of wrongdoing and the protection of public servants who report wrongdoing is one means of enhancing confidence in the public service.
The Tribunal will hear cases involving complaints of reprisal filed by public servants and referred by the Public Sector Integrity Commissioner. It will determine whether a public servant has been subject to a reprisal as a result of his or her reporting potential wrongdoing. The Tribunal has the power to order remedies and disciplinary action.
This report outlines the Tribunal's main priorities, initiatives and expected outcomes for the next three years. The Tribunal's top priorities, in its first year of operation, will be to establish rules of procedure in consultation with all interested parties, develop processes for the handling of complaints, and provide information to public servants and Canadians about the Tribunal's mandate, powers and practices. This will ensure that the Tribunal is ready when it receives its first case from the Public Sector Integrity Commissioner.
As a quasi-judicial and independent body, the Tribunal is committed to ensuring that public servants who file complaints of reprisal and public servants against whom allegations of reprisal are made are treated in a fair and impartial manner.
As the Tribunal's first Chairperson, I am mindful of my responsibility to ensure that the new Tribunal establishes a strong foundation for those who will follow.
The Honourable Pierre Blais, P.C.
I submit, for tabling in Parliament, the 2008-2009 Report on Plans and Priorities (RPP) for the Public Servants Disclosure Protection Tribunal.
This document has been prepared in accordance with the reporting principles contained in the Guide for the Preparation of Part III of the 2008–2009 Estimates: Reports on Plans and Priorities and Departmental Performance Reports.
Lisanne Lacroix
Registrar, Public Servants Disclosure Protection Tribunal
The Public Servants Disclosure Protection Tribunal (the Tribunal) is an independent, quasi-judicial body established by the Public Servants Disclosure Protection Act (the Act) as part of the government's plan to strengthen accountability and enhance confidence in the integrity of public servants.
The raison d'être of the Tribunal is to protect public servants from reprisal following their disclosure of wrongdoing. Its mandate is to hear complaints of reprisal referred by the Public Sector Integrity Commissioner (the Commissioner).
The Tribunal has the power to grant remedies to complainants and to order that disciplinary action be taken against persons determined to have taken reprisals.
The Tribunal's mission is to contribute to the enhancement of an ethical culture in the public service through the impartial and timely disposition of cases involving complaints of reprisal, alleged to have been taken against a public servant as a result of his or her disclosing possible wrongdoing.
This includes:
The federal public service is an important national institution and is part of the essential framework of Canadian parliamentary democracy. Canadians have a vested interest in ensuring that the public service operates efficiently, effectively and ethically. They have a right to expect that public sector employees behave ethically and in accordance with their legal obligations.
The Tribunal is one component of the new wrongdoing disclosure regime introduced by the Act. Chief executives, the Commissioner, the Treasury Board and the Canada Public Service Agency all have new responsibilities under the Act. The Tribunal's success, and that of the other parties, will help create an environment in which employees can openly raise concerns without fear or threat of reprisal. It will also contribute to the development of a culture within the public service that espouses the highest standards of ethical conduct.
Members of the Public Servants Disclosure Protection Tribunal
The Act stipulates that the Tribunal must consist of a Chairperson and between two and six members. All members must be judges of the Federal Court or a superior court of a province. The Tribunal currently consists of four Federal Court judges. The Chairperson, the Honourable Pierre Blais, and the three members, the Honourable Richard Mosley, the Honourable Judith A. Snider, and the Honourable Luc Martineau were appointed by the Governor in Council on June 27, 2007.
Registry of the Public Servants Disclosure Protection Tribunal
The Act provides for the establishment of a Registry, with an office in the National Capital Region, to help the Tribunal in the conduct of its work. The Registrar of the Tribunal and the other employees are appointed under the Public Service Employment Act.
The following organizational structure will enable the Registry to provide the support required by the Tribunal.
Planned Organizational Structure
The Tribunal issues decisions providing for remedial and disciplinary actions that ensure that complainants to the Office of the Public Sector Integrity Commissioner are protected against reprisals. The Registry assists the Tribunal in fulfilling its mandate through the Reprisal Hearings Program. This program provides for the effective management of the Tribunal's hearing process. This includes receiving documents, processing cases, maintaining Tribunal records, offering logistical, legal and policy support, providing orientation and training for Tribunal members, and informing parties and interested persons of Tribunal procedures.
Program Activity | Total ($ thousands) |
---|---|
Reprisal Hearings Program | $1,860 |
($ thousands) | |||
Vote | 2008–09 Main Estimates | 2007–08 Main Estimates | |
---|---|---|---|
95 | Program expenditures | 1,644 | |
(S) | Contributions to employee benefit plans | 189 | |
Total Agency | 1,833 |
($ thousands) | Forecast Spending 2007–08 |
Planned Spending 2008–09 |
Planned Spending 2009–10 |
Planned Spending 2010–11 |
---|---|---|---|---|
Reprisal Hearings Program | N/A | 1,860 | 1,860 | 1,860 |
Total Main Estimates | N/A | 1,860 | 1,860 | 1,860 |
Adjustments | ||||
Supplementary Estimates | ||||
Funding for the establishment and operation of the Tribunal |
1,644 | |||
Employee Benefit Plan (EBP) | 216.0 | |||
Total Adjustments | 1,860 | 0.0 | 0.0 | 0.0 |
Total Planned Spending | 1,860 | 1,860 | 1,860 | 1,860 |
Plus: Cost of services received without charge | 198.3 | 92.0 | 92.0 | 92.0 |
Total Departmental Spending | 2,058.3 | 1,952 | 1,952 | 1,952 |
Full-Time Equivalents | 8 | 10 | 12 | 12 |
Financial Resources ($ thousands)
2008–09 | 2009–10 | 2010–11 |
---|---|---|
1,860 | 1,860 | 1,860 |
Human Resources
2008–09 | 2009–10 | 2010–11 |
---|---|---|
10 | 12 | 12 |
Program Activities by Strategic Outcome
Strategic Outcome: Remedial and disciplinary actions that ensure complainants to the Office of the Public Sector Integrity Commissioner are protected against reprisals | |||||
Program Activity | Expected Results | Planned Spending ($ thousands) |
Contributes to the Following Priority | ||
---|---|---|---|---|---|
2008–09 | 2009–10 | 2010–11 | |||
Reprisal Hearings Program | Effective management of the Tribunal's hearing processes | 1,860 | 1,860 | 1,860 | Priorities 1-3 |
Departmental Priorities
Name | Type |
---|---|
1. Be ready to hear cases | New |
2. Inform interested persons, key stakeholders and Canadians | New |
3. Monitor issues arising from the application of the Act | New |
As part of its strategic planning process, the Registry has identified the following key challenges.
It is impossible for the Tribunal to estimate how many cases it will receive, particularly in the first years. This will depend on several factors, including the number of complaints that are filed with and investigated by the Commissioner, and the number of complaints that are settled through conciliation. The unpredictability of the caseload makes it difficult for the Registry to manage its human and financial resources efficiently. Not knowing how many cases will be referred to the Tribunal by the Commissioner in any given year makes it difficult to effectively manage the fiscal allocation for hearings.
Interested persons, key stakeholders and Canadians may not be aware of the existence of the Tribunal given that it has just been established. There is currently very little information available on the Tribunal's role and mandate.
The Tribunal is one of several components of the wrongdoing disclosure regime. The Canada Public Service Agency, the Treasury Board, the Commissioner and chief executives all have responsibilities under the new Act. Preliminary discussions with public servants and stakeholders have revealed that there is some confusion about the roles and responsibilities of each party, particularly those of the Commissioner and the Tribunal.
The Registry must be in a position to support the Tribunal quickly. However, establishing an organization from the ground up presents significant challenges. The Registry will need to recruit staff, find office space, purchase furniture and equipment, and establish procedures, processes and systems, while at the same time briefing Tribunal members on their new responsibilities and working with key stakeholders to develop the Tribunal's rules of procedure.
The key to providing the support needed by the Tribunal is to find qualified employees and to bring them on board quickly. This will be a challenge for the Registry given that the Tribunal is not well known and the nature of the work to be done requires specialized skills. As well, adequate time is required to ensure public service staffing requirements are met.
The Registry is subject to the same management and control requirements of the Financial Administration Act and to the various Treasury Board policies and government regulations as large departments. It is also subject to government-wide management initiatives such as the Management Accountability Framework and Public Service Modernization. The Registry will find it difficult to meet these requirements given its small staff complement. This will be particularly challenging in the first year when the Registry is establishing itself and endeavouring to meet the needs of the Tribunal.
Because of its small size, the Registry will not be in a position to provide its own corporate services. It will be required to purchase these services from suppliers inside and/or outside government. Finding suppliers that provide high-quality, reliable, timely and affordable services will be challenging and time-consuming. Maintaining accountability for services provided by other parties may also prove to be a challenge.
The following strategies will help the Registry deal with the challenges presented above. These strategies have been factored into the Tribunal's plans and priorities presented later in the report.
There are several tribunals in the National Capital Region, some of which have been in existence for over twenty years. These tribunals face some of the same challenges as the new Public Servants Disclosure Protection Tribunal. These tribunals constitute an important source of information and advice and will undoubtedly be prepared to share their knowledge, experience, practices and tools with the Tribunal.
The Community of Federal Agencies is an informal network of over 130 federal agencies, boards, commissions, tribunals and crown corporations. Meetings of the network provide opportunities to exchange views and share common concerns and experiences. The Community has established sub-groups on finance, human resources and information technology. Some members of the Community have come together to establish a Labour-Management Consultation Committee. By joining the Community, the Tribunal will have access to all these forums. These networks may also provide opportunities to find staff with the specialized skills required by the Tribunal.
Some resources have been made available to small agencies to help them fulfil their legal obligations. The most notable of these is the Small Agency Transition Support Team, established to help departments and agencies with fewer than 500 employees meet the requirements of the Public Service Employment Act. The Tribunal will be relying heavily on the Support Team as well as on advice and guidance from the Canadian Heritage Portfolio Governance Office and the central agency analysts assigned to work with the Tribunal.
The Tribunal will explore opportunities to partner with other small agencies in order to maximize efficiency, control costs and reduce risk.
The Tribunal faces several challenges on the human resources front and will benefit from taking time, at the outset, to develop a human resources plan with an emphasis on staffing and training strategies. Other tribunals could provide valuable training opportunities for employees who may not have experience working for a quasi-judicial body.
Developing and implementing a communications plan will help determine the best strategies for informing interested persons, key stakeholders and Canadians about the existence, role and mandate of the Tribunal.