What is a reprisal?

A reprisal is any of the following measures taken at work against a current or former public servant because he or she has made a protected disclosure or has, in good faith, cooperated in an investigation into a disclosure:

• a disciplinary measure;
• the demotion of the public servant;
• the termination of employment of the public servant, including, in the case of a member of the Royal Canadian Mounted Police, a discharge or dismissal;
• any measure that adversely affects the employment or working conditions of the public servant;
• a threat to take any of these measures or directing a person to do so. 

Provisions in the Public Servants Disclosure Protection Act (the Act) regarding protection against reprisal

The Act expressly prohibits reprisals. It gives the Office of the Public Sector Integrity Commissioner of Canada, an independent agency of Parliament, exclusive jurisdiction to investigate reprisal complaints.

Reprisals are taken very seriously. When they do occur, our Office is in a position to take immediate action and strong measures to address the situation.

How to file a reprisal complaint

To file a complaint, fill out the form below and bring it 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 complaint.

Microsoft Word Format

Reprisal – public servants only
Reprisal – members of the Royal Canadian Mounted Police

Reprisal complaints must be filed to our Office not later than 60 days after the day on which you knew, or in the Commissioner’s opinion ought to have known, that the reprisal was taken. (The Commissioner has discretion to extend this period considering the circumstances.)

Steps for handling reprisal complaints

Once we have enough information to fully review a reprisal complaint, the Commissioner has 15 days to decide whether or not to deal with it. If the Commissioner decides not to deal with the complaint, he will send a written notice to the complainant setting out the reasons for his decision.

If the Commissioner decides to deal with the complaint, he must send a written notice of his decision to the complainant. A notice is also sent to the person who has the authority to take disciplinary action against each person who participated in the taking of a measure alleged by the complainant to constitute a reprisal.

In addition, at the start of an investigation, the investigator must notify the chief executive concerned and inform him or her of the substance of the complaint to which the investigation relates. The investigator may also notify any other person he or she considers appropriate, including every person whose conduct is called into question by the complaint, and inform the person of the substance of the complaint.

Investigations are conducted as informally and expeditiously as possible. Once it is completed, the investigator will prepare a report for the Public Sector Integrity Commissioner.

At any time during an investigation, the Commissioner may appoint a conciliator for the purpose of attempting to bring about a settlement. Participation in conciliation is voluntary. A settlement must be agreed to by all parties and approved by the Commissioner.

Once the investigation is concluded, the Commissioner must decide, based on all the circumstances, whether it is in the public interest to bring the matter to the Public Servants Disclosure Protection Tribunal. The Tribunal determines whether or not a reprisal was taken and may order remedy in favour of the complainant and disciplinary action against the person(s) who took the reprisal.

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Procedural fairness and natural justice

In investigating reprisal complaints, our Office respects the principles of procedural fairness and natural justice to protect the rights, interests and legitimate expectations of individuals. This means ensuring that investigations and the decision-making processes are both fair and reasonable.