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REPORT OF THE COMMITTEE

Wednesday, March 28, 2001

The Standing Senate Committee on National Finance

has the honour to present its

FOURTH REPORT


Your Committee, to which was referred Bill S-6, An Act to assist in the prevention of wrongdoing in the Public Service by establishing a framework for education on ethical practices in the workplace, for dealing with allegations of wrongdoing and for protecting whistleblowers, has, in obedience to the Order of Reference of Wednesday, January 31, 2001, examined the said Bill and now reports the same with the following amendments:

1. Page 5, Clause 9: Add after line 25, the following:

"(5) An employee who has made a request under paragraph (1)(b) may waive the request or any resulting right to confidentiality, in writing, at any time.

(6) Where the Commissioner is not prepared to give an assurance of confidentiality in response to a request made under paragraph (1)(b), the Commissioner may reject and take no further action on the notice.".

 

2. Page 7, clause 14: Replace line 34 with the following:

"(4) Information related to an investigation is confidential and shall not be disclosed, except in accordance with this Act.

(5) The Commissioner shall provide the".

 

3. Page 8, clause 17: Replace lines 30 and 31 with the following:

"(c) the number of notices rejected pursuant to sections 9 and 12;".

 

4. Page 10, clause 20: Replace lines 25 to 30, with the following:

"20. (1) Except as authorized by this Act or any other law in force in Canada, no person shall disclose to any other person the name of the employee who has given a notice under subsection 9(1) and has requested confidentiality under that section, or any other information the disclosure of which reveals the employee’s identity, including the existence or nature of a notice, without the employee’s consent.".

 

5. Page 11, new clauses 23 and 24: Add after line 19, the following:

"REVIEW

23. (1) On the expiration of three years after the coming into force of this Act, it stands referred to such committee of the Senate, of the House of Commons or of both Houses of Parliament as may be designated or established to review its administration and operation.

(2) Within one year after beginning a review under subsection (1) or within such further time as the Senate, the House of Commons or both Houses of Parliament, as the case may be, may authorize, the committee shall submit a report on the review.

 

CONSEQUENTIAL AMENDMENT

Access to Information Act

24. Schedule II of the Access to Information Act is amended by adding the following in alphabetical order:

 

Public Service Whistleblowing Act

section10, subsection 14(4) and section 20.

Respectfully submitted,

 

Lowell Murray
Chairman


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