Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada


Public Servants Disclosure Protection Act

Version of section 2 from 2007-04-15 to 2012-03-15:

Marginal note:Definitions

  •  (1) The following definitions apply in this Act.



    Agency means the Public Service Human Resources Management Agency of Canada. (Agence)

    chief executive

    administrateur général

    chief executive means the deputy head or chief executive officer of any portion of the public sector, or the person who occupies any other similar position, however called, in the public sector. (administrateur général)



    Commissioner means the Public Sector Integrity Commissioner appointed under subsection 39(1). (commissaire)



    investigation means, for the purposes of sections 24, 25, 26 to 31, 33, 34, 36 and 37, an investigation into a disclosure and an investigation commenced under section 33. (enquête)

    member of the Royal Canadian Mounted Police

    membre de la Gendarmerie royale du Canada

    member of the Royal Canadian Mounted Police means a person who is a member or a special constable of the Royal Canadian Mounted Police or who is employed by that force under terms and conditions substantially the same as those of one of its members. (membre de la Gendarmerie royale du Canada)



    Minister means, in respect of sections 4, 5, 38.1 and 54, the Minister responsible for the Agency. (ministre)

    protected disclosure

    divulgation protégée

    protected disclosure means a disclosure that is made in good faith and that is made by a public servant

    • (a) in accordance with this Act;

    • (b) in the course of a parliamentary proceeding;

    • (c) in the course of a procedure established under any other Act of Parliament; or

    • (d) when lawfully required to do so. (divulgation protégée)

    public sector

    secteur public

    public sector means

    • (a) the departments named in Schedule I to the Financial Administration Act and the other portions of the federal public administration named in Schedules I.1 to V to that Act; and

    • (b) the Crown corporations and the other public bodies set out in Schedule 1.

    However, subject to sections 52 and 53, public sector does not include the Canadian Forces, the Canadian Security Intelligence Service or the Communications Security Establishment. (secteur public)

    public servant


    public servant means every person employed in the public sector, every member of the Royal Canadian Mounted Police and every chief executive. (fonctionnaire)



    reprisalmeans any of the following measures taken against a public servant because the public servant has made a protected disclosure or has, in good faith, cooperated in an investigation into a disclosure or an investigation commenced under section 33:

    • (a) a disciplinary measure;

    • (b) the demotion of the public servant;

    • (c) 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;

    • (d) any measure that adversely affects the employment or working conditions of the public servant; and

    • (e) a threat to take any of the measures referred to in any of paragraphs (a) to (d). (représailles)

    senior officer

    agent supérieur

    senior officer means a senior officer designated under subsection 10(2). (agent supérieur)



    Tribunal means the Public Servants Disclosure Protection Tribunal established under subsection 20.7(1). (Tribunal)


    acte répréhensible

    wrongdoing means a wrongdoing referred to in section 8. (acte répréhensible)

  • Marginal note:Taking a reprisal

    (2) Every reference in this Act to a person who has taken a reprisal includes a person who has directed the reprisal to be taken.

  • 2005, c. 46, ss. 2, 59
  • 2006, c. 9, s. 194

Date modified: