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Understand PSDPA, reporting wrongdoing in public sector, roles, confidentiality, process, and protection from reprisal.
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The Public Servants Disclosure Protection Act at Insert the name of your organization here
Today’s Presentation • Overview of the PSDPA • What is wrongdoing? • Confidentiality • Role of Senior Officer • Role of supervisors • Role of employees • Intended Results • What I’m doing • Awareness activities
Overview of the Public Servants Disclosure Protection Act The purpose of the Public Servants Disclosure Protection Act (PSDPA) is: • To encourage employees in the public sector to come forward if they have reason to believe that serious wrongdoing has taken place • To provide protection to them against reprisal when they do so It also provides a fair and objective process for those against whom allegations are made
What is Wrongdoing? Wrongdoing includes any of the following: • breaking laws or regulations; • misusing public funds or assets; • gross mismanagement; • a serious breach of a code of conduct; • an act or omission that endangers the life, health and safety of Canadians or the environment; or • directing someone else to do these things.
Making a Disclosure If you have questions or concerns, or wish to disclose a possible wrongdoing, you can bring the matter to either: 1. Your immediate supervisor; • 2. Your organization Senior Officer for Disclosure, (insert his/her name here); • 3. The Public Sector Integrity Commissioner (www.psic-ispc.gc.ca).
Confidentiality and the Disclosure Process • Everyone involved in a disclosure and its investigation must make every effort to maintain the confidentiality of information related to the matter. • This includes refraining from discussing any disclosure or the fact they are involved with it, except when required as part of an investigation. • All files must be maintained separately, under the control of the Senior Officer for Disclosure • Information collected in relation to a disclosure cannot be released under either the Access to Information Act or the Privacy Act.
Role of the Senior Officer • Review disclosures to determine if there are sufficient grounds to investigate. • Inform the employee(s) in writing if the Senior Officer will proceed further. • Ensure that the rights of all those involved are respected during an investigation. • Review the results of the investigation, prepare recommendations for action and report these directly to the (specify: President, Minister, other…). • Refer cases concerning criminal activity to the appropriate law enforcement authority.
Role of Supervisors As a supervisor, you need to be aware of your roles and responsibilities to: • Show visible leadership in fostering an ethical culture of right-doing. • Inform employees about the PSDPA, their options for making disclosures, the protection the PSDPA provides and where to go if they need more information. • Receive disclosures of wrongdoing from employees. • Protect the identity of those involved in the disclosure process to the extent possible. • Protect from reprisal the employee who discloses wrongdoing or who is involved in a disclosure investigation.
Role of Employees • Be familiar with the main provisions of the Act – its mechanisms for disclosure, its confidentiality provisions, and its reprisal protection measures. • Know what constitutes wrongdoing under the Act. • Understand your choices in making a protected disclosure. • Know what to do if you believe you are the target of a reprisal. • Know where to get related information and advice.
Intended Results • Enhanced ability for organizations to identify and resolve disclosures and prevent reprisals; • Employees who feel supported and protected from reprisals when they disclose a wrongdoing; • Leaders who foster and model ethical leadership and inspire employees to do the right thing; • A sustained and supported ethical culture in a workplace of choice; and • Increased public trust and confidence in public sector organizations.
What I do asyour Senior Officer for Disclosure • Implementation of disclosure procedures in the organization. • Awareness-building on the PSDPA and on the process in place in the organization. • Informing supervisors of their role and responsibilities. • In this section, insert specifics, e.g. special phone number in place without call display, a filing cabinet, only accessible to me to keep disclosure information locked and separate from other files.