Managing Conflict of Interest - Organisation for Economic Co ...

Learning from Case Studies 57PSIC. 3 Individuals not affiliated with the public service can also reportpossible wrongdoing to PSIC. Both public servants and nonpublicservants—who have made in good faith a protected disclosure abouta wrongdoing or who are witnesses in any investigation conductedunder the PSDPA—are protected from reprisals under the Act.For public servants, a “reprisal” includes any measure thatadversely affects the employment or working conditions of the publicservant. Complaints of reprisal from public servants will be investigatedby PSIC, which can also authorize conciliation between theparties. After investigation, and if the matter has not been resolvedthrough conciliation, if warranted, PSIC will refer cases of possiblereprisal against public servants to the new Public Servants DisclosureProtection Tribunal, also established under the PSDPA.At the request of the PSIC, the Tribunal, which comprises judgesfrom federal or provincial superior courts, will adjudicate reprisalcomplaints from public servants. The Tribunal has the power to issuea range of orders to remedy victims of reprisals, including returnsto duties, reinstatement or payment of compensation, overturningof disciplinary action or measures, reimbursement of expenses orfinancial losses incurred, and awards of up to USD10,000 (Canadian)for pain and suffering resulting from the reprisal. The Tribunal alsohas the authority to issue disciplinary action, up to and includingtermination of employment, against public servants who engagedin acts of reprisal.Nonpublic servants who believe they have suffered retaliationafter providing information to the PSIC are also protected underthe Act and may have their complaints dealt with through existingrecourse mechanisms applicable to their situation or through thecourts. All employers in Canada are prohibited from taking reprisalsagainst employees who have provided information to PSIC andmaximum fines of up to USD10,000 or two years’ imprisonment, orboth, can be imposed by the courts.ConclusionCanada attaches a great deal of importance to identifying andpreventing situations that might cast doubt on the integrity of its3There is no requirement to exhaust internal avenues before going to thePSIC.ADB/OECD Anti-Corruption Initiative for Asia and the Pacific