If our Office sent you a Notice of Investigation into Disclosure of Wrongdoing, someone has alleged that you may have committed wrongdoing. Our analysis has determined that the allegation, if proven true, could constitute wrongdoing under the Public Servants Disclosure Protection Act (the Act).

As an alleged wrongdoer (or respondent), you have a right to procedural fairness and natural justice. You will be provided with information about the alleged wrongdoing and you will have an opportunity to provide evidence in your defence.

The investigations conducted under the Act are administrative in nature, which means that they are neither criminal investigations nor court proceedings. The purpose of investigations into disclosures is, according to the Act, to bring the existence of wrongdoing to the attention of the organization’s chief executive and to make recommendations for corrective action.

What happens now?

You and the head of the organization where the alleged wrongdoing occurred have received letters indicating that an investigation is beginning. 

During the investigation, our team may review documents, videos, or other evidence. They may also interview witnesses. As an alleged wrongdoer, you will be interviewed and may be asked to respond to evidence.

Although not required, you have the right to be assisted or represented by any person of your choice, including a counsel or a union representative. This individual can attend any interviews with you if you choose.

You can apply to receive up to $3,000 in funding for legal advice about your rights and responsibilities under the Act, if you do not already have access to legal advice at no cost to you.

At the end of the investigation, the Office will provide you and the head of your organization with a preliminary investigation report. This report will lay out evidence and describe how that evidence supports a finding of wrongdoing or not. 

In cases where the evidence points to wrongdoing, you will have a set number of days to respond to the conclusions in the report. The investigator will consider any new evidence in your response.

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What happens after I respond to the preliminary investigation report?

The Office will consider your responses, and any new evidence provided. The investigator will make a recommendation to the Commissioner that either wrongdoing occurred or did not. The Commissioner will make a final decision. 

In cases of wrongdoing, the Office will prepare a Case Report for tabling in Parliament. You and the head of your organization will receive a copy of the Case Report and a decision letter laying out the grounds for finding wrongdoing and recommendations for corrective action. The head of your organization will have two weeks to respond to the Commissioner’s recommendations. The response will be included in the published Case Report.

I have received a letter and Case Report that says I committed wrongdoing, what happens now?

Starting from the date on the decision letter, the Commissioner has 60 days to table the Case Report in Parliament.

After tabling of the Case Report in Parliament, it will be made public on our Office’s website. There will be a news release about the Case Report, and typically a short video of the Commissioner explaining her findings will be published on our Office’s website.

Will my name appear in the Case Report?

It is possible that your name will appear in the Case Report. The Commissioner will decide whether to name individual wrongdoers on a case-by-case basis. Considerations may include:

  • whether the wrongdoer is still in the affected workplace;
  • whether the actions of the wrongdoer are the result of a systemic problem within the affected organization;
  • the nature of the wrongdoing; and
  • the public interest in knowing the name of a specific wrongdoer.

I have received a letter that says I did not commit wrongdoing, what happens now?

The head of your organization will also receive a letter with the results of the investigation.

In some cases, there is not enough evidence to make a finding of wrongdoing against an individual, but there is enough evidence to make a finding against an organization, or other involved individuals. In this case, our Office will explain in a letter that there is no finding against you.

Our Office may still provide the head of your organizations with a Case Report about the events. In this case, the Case Report will be tabled in Parliament, but you will not be singled out as a wrongdoer. In other cases, there is not evidence to suggest wrongdoing occurred, and the investigation file is closed.

Will I get to know who made the allegations?

The Act provides that disclosers (or whistleblowers) are protected through confidentiality. At no time will our Office provide information about a discloser to a respondent. This does not mean that you will be prevented from receiving information necessary to understand the allegations and provide evidence. In cases where it is necessary to do so, our Office will share witness statements for corroboration or comment.

Anyone taking part in an investigation by our Office is afforded protections by the Act. These protections are designed to prevent reprisal (retaliation) against those who cooperate in an investigation or make a disclosure.

How long does an investigation take?

Our Office has a published service standard of one year for the completion of investigations. This standard is only a target as each case is unique, it is not possible to set out a specific timeframe for the conclusion of an investigation.

Factors that affect the length of time the process can take include:

  • availability of documentation and key witnesses;
  • complexity of issues; and/or
  • whether specific expertise or research is needed.
     

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