What does disclosure involve?
It is communicating to your supervisor, the Senior Officer for internal disclosure in your organization or with the Office of the Public Sector Integrity Commissioner any information that you believe could show that a wrongdoing was committed or is about to be committed in the federal public sector, or that could show that you were asked to commit a wrongdoing.
It is bringing to light wrongdoing in order to have it effectively addressed.
It is sharing information that supports your allegations. This information, when validated, could lead to a finding of wrongdoing.
Why disclose?
… because we all rely on our federal public institutions and we all have a stake in making them as strong as possible for the benefit of all Canadians.
… because it is in the public interest and in the interest of your organization to share information about wrongdoing with someone in a position to do something about it.
… because it is part of doing your job well, and being a responsible, committed and honest employee.
… because the earlier a problematic situation is addressed, the less negative impact it will have.
… because if you ignore such situations, they may likely be repeated, become more serious and may damage your organization.
… because you want to be part of the solution.
Types of disclosure we can investigate
- a contravention of any Act of Parliament or of the legislature of a province or any regulations made under any such act;
- a misuse of public funds or a public asset;
- a gross mismanagement in the federal public sector;
- an act or omission that creates a substantial and specific danger to the life, health or safety of persons, or to the environment, other than a danger that is inherent in the performance of the duties or functions of a public servant;
- a serious breach of a code of conduct (established by Treasury Board or by an organization, as required by the Public Servants Disclosure Protection Act - the Act);
- knowingly directing or counselling a person to commit a wrongdoing as defined above.
Who do I contact to make a disclosure?
Public sector employees may disclose wrongdoing to:
- their supervisor;
- the Senior Officer designated for internal disclosure in their organization; or
- the Office of the Public Sector Integrity Commissioner of Canada.
Your organization may have its own procedures to make a disclosure.
You are not obligated to exhaust internal mechanisms in your organization before contacting the Office of the Public Sector Integrity Commissioner.
A member of the public may also provide information concerning an alleged wrongdoing in the federal public sector by contacting our Office directly.
What type of information do I have to disclose about a suspected wrongdoing?
We ask that you provide all information you may have in your possession that is relevant to your allegations. However, you must not disclose Cabinet documents or information that is subject to solicitor client privilege. (Such information cannot be used by our Office in an investigation.) If we do not have enough information to assess or act on a disclosure, we will advise you and request further information.
How to make a disclosure with the Office of the Public Sector Integrity Commissioner
Complete the form below and bring it in person to our Office, mail it or fax it to 613-946-2151. Please make sure to include any supporting documentation you may have in your possession that is relevant to your disclosure. Do not send personal information by e-mail as it is not a secure means of transmission.
Microsoft Word Format
Disclosure – public servants only
Disclosure – members of the Royal Canadian Mounted Police
Help us to help you
- Before contacting us to disclose wrongdoing, take the time to consider the following points. Do not feel you have to have all the answers to these questions before contacting us. We are here to help.
- Does the situation you want to report seem to be an important problem from a public interest perspective or a systemic problem? Does it seem to fit within the definition of wrongdoing in the Act?
- Do you have information or documentation that might support your allegations so that we can fully review and assess them? There is no need to look for additional information yourself, only to provide us with whatever you already have in your possession.
- We keep your identity confidential, to the extent possible. It is also important for you to respect the confidentiality of the process.
- What are your expectations? What do you hope to achieve by your disclosure?
Other possible recourse mechanisms
The Office has compiled a list of other available recourse mechanisms that you may wish to consider in determining how best to address your particular situation. It can be viewed by following this link.
Protection of identity
Confidentiality is a priority for the Office of the Public Sector Integrity Commissioner. In accordance with the Act, our Office and chief executives must protect to the extent possible, the identity of persons making disclosures, witnesses, and persons alleged to have committed a wrongdoing, subject to any other Act of Parliament, procedural fairness and natural justice.
There is however no absolute guarantee of protection of the identity of a discloser. Some factors may lead to the identity of the discloser being revealed (for example, a public servant may have brought the issue to light in the workplace before deciding to make a disclosure.)
Protection of the confidentiality of information
Pursuant to the Act, our Office and the chief executives must also ensure the confidentiality of the information obtained and created during an investigation into a disclosure. This information will remain confidential and will not be disclosed, even after the investigation is over. Amendments to the Privacy Act, the Access to Information Act and the Personal Information Protection and Electronic Documents Act were made to protect information related to a disclosure.
Unless required by law or permitted by the Public Servants Disclosure Protection Act, the Commissioner and every person acting on his behalf or under his direction must not disclose any information that comes to their knowledge in the performance of their duties.
Steps for handling disclosures at the Office of the Public Sector Integrity Commissioner of Canada
1. Receipt of the disclosure and initial assessment – All disclosures are received and reviewed by our Office's Registrar. The discloser may be contacted for clarification or additional information required to thoroughly review the disclosure. It is possible that the discloser will be advised of another mechanism that might address the issue more appropriately.
2. Review of the admissibility of the disclosure – An analyst/investigator, with the support of a legal advisor, will review the information presented to determine if further action is required. This review could include consultation with subject-matter experts and research on relevant issues of policy and law. A detailed admissibility report is submitted to the Commissioner, with a recommendation to either proceed or to take no further action.
3. Commissioner's decision – The Commissioner reviews the disclosure file and admissibility report to determine if further action is needed, including launching an investigation.
How do we handle a disclosure of wrongdoing?
Informal Case Resolution Process
Our informal case resolution (ICR) model supports and enhances the objectives and provisions of the Act to deal with disclosures with greater efficiency and as informally and expeditiously as possible. The ICR model can be used to obtain additional information, clarify and quickly resolve issues or assist persons involved in a disclosure process at any time during the assessment or investigation of a disclosure. Although adapted from alternative dispute resolution concepts, the ICR process is not intended as an alternative to a formal investigation.