Bill C-290 (Historical)

Public Sector Integrity Act

An Act to amend the Public Servants Disclosure Protection Act and to make a consequential amendment to the Conflict of Interest Act

This bill is from the 44th Parliament, 1st session, which ended in January 2025.

Sponsor

Jean-Denis Garon Bloc

Introduced as a private member’s bill. (These don’t often become law.)

Status

Second reading (Senate), as of Oct. 31, 2024
(This bill did not become law.)

Summary

This is from the published bill.

This enactment amends the Public Servants Disclosure Protection Act to, among other things, expand the application of the Act to additional categories of public servants, permit that a protected disclosure be made to certain persons, extend the period during which a reprisal complaint may be filed and add a duty to provide support to public servants.
It also makes a consequential amendment to the Conflict of Interest Act .

Similar bills

C-432 (42nd Parliament, 1st session) An Act to amend the Public Servants Disclosure Protection Act

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-290s:

C-290 (2021) Soil Conservation Act

C-290 (2016) Modernizing Access to Product Information Act

C-290 (2013) An Act to amend the Criminal Code (sports betting)

C-290 (2011) An Act to amend the Criminal Code (sports betting)

Votes

Jan. 31, 2024 Passed 3rd reading and adoption of Bill C-290, An Act to amend the Public Servants Disclosure Protection Act and to make a consequential amendment to the Conflict of Interest Act

Feb. 15, 2023 Passed 2nd reading of Bill C-290, An Act to amend the Public Servants Disclosure Protection Act

Debate Summary

This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-290 aims to amend the Public Servants Disclosure Protection Act to strengthen whistle-blower protections for federal public servants. The proposed changes include expanding the definition of "wrongdoing," broadening the scope of who can receive protected disclosures, extending protections to former public servants and government contractors, increasing penalties for reprisals, and mandating a recurring review of the act. Some concerns have been raised about potentially trivializing the process and overwhelming the system, but overall, the bill intends to improve transparency and accountability within the government.

Bloc

Supports whistle-blower protection: The Bloc Québécois introduced Bill C-290 to protect whistle-blowers, emphasizing the importance of transparency and accountability within the public sector. They aim to provide public servants who disclose wrongdoing with the necessary safeguards to prevent negative repercussions on their lives and careers.
Bill is a collaborative effort: The Bloc acknowledges that the bill is the result of cross-party collaboration and constructive participation from members of other parties. They appreciate the support and contributions from members of the Liberal, NDP, and Conservative parties during the amendment process.
Room for improvement: While the bill is a positive step, the Bloc believes that further improvements are necessary to align Canada's whistle-blower protection regime with international standards. They express disappointment over the defeat of certain amendments and call for continued government leadership to strengthen the legislation.
Importance of whistle-blowers: Bloc members emphasized that many important issues, such as foreign interference in elections, would not have come to light without whistle-blowers. It is vital that these people are protected.

Conservative

Supports strengthening protections: Conservatives support Bill C-290, which strengthens whistle-blower protections for federal public servants. The bill expands the definition of wrongdoing to include political interference and broadens the powers of the Auditor General.
Bill addresses Liberal corruption: Members stated the bill is timely given recent Liberal scandals. They believe the Liberal government is not enthusiastic about the bill due to its own history of corruption and mismanagement.
Could be strengthened further: Some members believe the bill could be improved to include contractors and those at arm's-length from the government. They cited the SDTC scandal as an example of why additional protections are needed.
Government's inaction criticized: The Conservative party criticizes the Liberal government for not implementing recommendations from a 2017 report on whistle-blower protection. They accuse the government of creating task forces and consultations without taking meaningful action.

NDP

Supports bill C-290: The NDP supports Bill C-290, as Canada has some of the worst whistle-blower protection in the world, and whistle-blowers are important in identifying issues within the government. The party believes legislation is the beginning of creating a culture where people feel comfortable coming forward.
Reverse-onus provision: The NDP feels strongly about a reverse-onus provision for cases of reprisal, where the employer must prove that workplace discipline was not a reprisal for whistle-blowing. They argue that the current system places a high burden of proof and financial strain on the victim.
Amendments defeated: The NDP is disappointed that the Liberals and Conservatives voted against amendments that would have further strengthened protections, such as allowing whistle-blowers to go to the media and providing interim relief from termination.
Amendments passed: The NDP is grateful that some of their amendments were passed. These included improved access to the tribunal, a survey metric to measure whistle-blower satisfaction, and adding psychological damage from harassment as a form of reprisal that whistle-blowers are protected from.

Liberal

Supports whistle-blower protection: The Liberal party acknowledges whistle-blowers as crucial for integrity and democracy, supporting the need for effective means for public servants to disclose wrongdoing and receive protection. The government has already taken actions to strengthen these protections and is committed to further improvements.
Ongoing review of the act: The government established a task force to review the Public Servants Disclosure Protection Act, seeking recommendations for amendments and changes to the disclosure regime. This review includes wide consultations with stakeholders, consideration of past reports, and research on best practices to ensure the law effectively safeguards public servants reporting wrongdoing.
Supports some proposed changes: The party supports valuable improvements proposed in the bill, such as expanding reprisal protection, extending the complaint period, increasing penalties, allowing complaints concerning the Public Sector Integrity Commissioner to be made to the Auditor General, providing reasons for refusal of complaints, and adding a recurring five-year review.
Concerns with certain amendments: The party raises concerns about removing seriousness descriptors from the definition of wrongdoing, which could overwhelm the system with trivial matters and duplicate existing recourse mechanisms. Concerns were also raised about allowing direct complaints to the Public Servants Disclosure Protection Tribunal without prior investigation, potentially overwhelming the tribunal and lengthening the process.

Was this summary helpful and accurate?

Public Sector Integrity ActPrivate Members' Business

December 13th, 2023 / 6:35 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

There are no questions and comments.

The hon. member for Lac-Saint-Jean is also rising on a point of order.

Public Sector Integrity ActPrivate Members' Business

December 13th, 2023 / 6:35 p.m.

Bloc

Alexis Brunelle-Duceppe Bloc Lac-Saint-Jean, QC

Madam Speaker, I think the reason some people are raising points of order is because the hon. member for Mirabel has been black-listed by the hon. member for Carleton. His Conservative Party cronies want to play games.

Let us allow my colleague to finish. It is a great bill.

Public Sector Integrity ActPrivate Members' Business

December 13th, 2023 / 6:35 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

The hon. member asked whether the hon. member for Mirabel could come back tomorrow to answer questions, because he would not have time to answer them today. However, there is no question period. That is all there is to it.

The hon. member for Edmonton Griesbach has a point of order.

Public Sector Integrity ActPrivate Members' Business

December 13th, 2023 / 6:35 p.m.

NDP

Blake Desjarlais NDP Edmonton Griesbach, AB

Madam Speaker, I am very interested in the member for Mirabel's comments. I have seen the Conservatives several times attempt to shutdown debate in this place and censor members.

If you could, please ensure that we have a lively debate and that the member has a full speech without interruption from the—

Public Sector Integrity ActPrivate Members' Business

December 13th, 2023 / 6:35 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

There is no question that the hon. member for Mirabel will have his full time.

We have another point of order, from the hon. member for Central Okanagan—Similkameen—Nicola.

Public Sector Integrity ActPrivate Members' Business

December 13th, 2023 / 6:35 p.m.

An hon. member

They're doing it again.

Public Sector Integrity ActPrivate Members' Business

December 13th, 2023 / 6:35 p.m.

Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

Madam Speaker, asking to make sure we have interpretation is the right of every member of Parliament. I take offence to what that member said.

Public Sector Integrity ActPrivate Members' Business

December 13th, 2023 / 6:35 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

No, that was not the issue.

The hon. member for Mirabel.

Public Sector Integrity ActPrivate Members' Business

December 13th, 2023 / 6:35 p.m.

Bloc

Jean-Denis Garon Bloc Mirabel, QC

Madam Speaker, I will refrain from rising on a point of order myself, but I will use the time I have left to thank Joanna Gualtieri, whistle-blower, former foreign affairs official and pioneer in this field in Canada. I would also like to thank Pamela Forward, president of Whistleblowing Canada; David Hutton, co-founder of the Whistleblowing International Network; Tom Devine, of the Government Accountability Project in Washington and Ian Bron, of the Centre for Free Expression, a former whistle-blower. This is clearly getting a lot of support.

I would of course like to thank the members of the Standing Committee on Government Operations and Estimates for their work. In particular, I want to mention the members for Courtenay—Alberni and Edmonton West. The latter has been championing this cause for a long time.

I also want to thank my colleague from Beauport—Limoilou. If ever there was a caring, competent and understanding person to do this work in committee, it is her. As my colleague clearly demonstrated in committee, the current legislation discourages whistle-blowers. There is a breach of trust. Rather than encouraging whistle-blowers to speak out, we are discouraging them. These people are acting in the public interest, in the interest of Canadians, Quebeckers and taxpayers. We are seeing it here in the House. We saw it a few minutes ago. Certain types of conduct are eroding people's confidence in our institutions. Whistle-blowers counterbalance that.

I will use the minute I have left to wish all of my colleagues from all parties a happy holiday season. I want to take a moment to say happy holidays to my constituents in Saint‑Placide, Kanesatake, Oka, Pointe-Calumet, Saint‑Joseph‑du‑Lac and Sainte‑Marthe‑sur‑le‑Lac, as well as those in the north in Saint‑Colomban and those in the east in Saint‑Anne‑des‑Plaines. I want to wish a merry Christmas to everyone who lives in Mirabel, around the airport, and to you, Madam Speaker.

Public Sector Integrity ActPrivate Members' Business

December 13th, 2023 / 6:40 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

I thank the hon. member for his kind wishes, and I wish him the same in return.

Is the House ready for the question?

Public Sector Integrity ActPrivate Members' Business

December 13th, 2023 / 6:40 p.m.

Some hon. members

Question.

Public Sector Integrity ActPrivate Members' Business

December 13th, 2023 / 6:40 p.m.

The Assistant Deputy Speaker Alexandra Mendes

The question is on the motion.

If a member participating in person wishes that the motion be carried or carried on division, or if a member of a recognized party participating in person wishes to request a recorded division, I would invite them to rise and indicate it to the Chair.

Public Sector Integrity ActPrivate Members' Business

December 13th, 2023 / 6:40 p.m.

Bloc

Jean-Denis Garon Bloc Mirabel, QC

Madam Speaker, if we could have a recorded division, I would be very grateful.

Public Sector Integrity ActPrivate Members' Business

December 13th, 2023 / 6:40 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

Pursuant to Standing Order 98, a recorded division stands deferred until Wednesday, January 31, 2024, at the expiry of the time provided for Oral Questions.

The House resumed from December 13 consideration of the motion that Bill C-290, An Act to amend the Public Servants Disclosure Protection Act and to make a consequential amendment to the Conflict of Interest Act, be read the third time and passed.