Public Servants Disclosure Protection Act

Marginal note:Power to temporarily assign other duties

• 21.1 (1) A chief executive may temporarily assign other duties to a public servant who is involved in a disclosure or a complaint in respect of a reprisal if the chief executive believes on reasonable grounds that the public servant's involvement has become known in the public servant’s workplace and that the tempo­rary assignment is necessary to maintain the effective operation of the workplace.

• Marginal note:Public servants who may be assigned other duties

  (2) For the purposes of this section, the public servants involved in a disclosure or a complaint in respect of a reprisal are

  • (a) the public servant who made the disclosure and every public servant who is the subject of the disclosure;

  • (b) the public servant who filed the complaint and every public servant who is alleged to have taken the reprisal to which the complaint relates; and

  • (c) every public servant who is a witness or potential witness in the investigation, if any, relating to the disclosure or in any proceeding dealing with the complaint.

• Marginal note:Duration

  (3) The assignment may be for a period of up to three months, but the chief executive may renew the assignment one or more times if he or she believes that the conditions giving rise to it continue to exist on the expiry of a previous period.

• Marginal note:Duties

  (4) Subject to subsection (6), the duties that may be assigned must be in the same portion of the public sector in which the public servant is employed and must be comparable to the public servant's normal duties.

• Marginal note:Consent

  (5) Subsection (1) applies to a public servant who made a disclosure under this Act, or who is a witness or potential witness in any investigation relating to the disclosure or in any proceeding dealing with a complaint in respect of a reprisal, only if the public servant consents in writing to the assignment. The assignment is deemed not to be a reprisal if the public servant's consent is given.

• Marginal note:Duties in other portion of the public service

  (6) The public servant may be temporarily assigned duties in another portion of the public sector if both the chief executive of that other portion and the public servant consent to the assignment and the duties are comparable to the public servant's normal duties. The assignment is deemed not to be a reprisal if the public servant's consent is given.