Introduced as a private member’s bill. (These don’t often become law.)
Status
Second reading (Senate), as of Oct. 31, 2024
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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 .
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, 2024Passed 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, 2023Passed 2nd reading of Bill C-290, An Act to amend the Public Servants Disclosure Protection Act
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.
The House will now proceed to the taking of the deferred recorded division on the motion at third reading stage of Bill C-290 under Private Members' Business.
Links & Sharing
(The House divided on the motion, which was agreed to on the following division:)
It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Dauphin—Swan River—Neepawa, Carbon Pricing; the hon. member for Spadina—Fort York, International Development; and the hon. member for Calgary Rocky Ridge, Carbon Pricing.