In regard to these exemptions under the Privacy Act, the Access to Information Act, and the Personal Information Protection and Electronic Documents Act, you will recall that Commissioner Friday is recommending some amendments to strengthen those exemptions. These are recommendations five and six in his document that was presented at the time of his first appearance before this committee.
We will examine in the next few minutes the definition of “wrongdoing”. In our view, the definition of wrongdoing is broad, and has given us all of the flexibility needed to investigate fully the matters that are brought to our attention. Over the years, in the first 10 years of our existence, we also developed some criteria and some factors that assist us in applying some of these definitions that the act does not necessarily define.
At page 8, you have the exact definition of wrongdoing as it is found in section 8 of the act:
This Act applies in respect of the following wrongdoings in or relating to the public sector:
The first one is pretty obvious. It applies to a contravention of any act of Parliament or of a province or any regulations. It also applies to the misuse of public funds or public assets, or in gross mismanagement in the federal public sector. It applies as well to an act or omission that creates a substantial and specific danger to the life, health, and safety of persons; to a serious breach of a code of conduct; and to knowingly directing or counselling a person to commit wrongdoing.
It is also important to note that section 9 of the act specifically calls for possible disciplinary measures, up to and including termination of employment, for people who commit wrongdoing. On this, however, it is important to note that the commissioner is not responsible for that. We make recommendations, and some of the commissioner's recommendations have included “consider” investigating or “consider” disciplining for this particular situation or person.
That being said, chief executives, under the Financial Administration Act, have the responsibility to impose discipline on their employees. An investigation by the commissioner does not automatically result in disciplinary measures. However, we can make that recommendation.
On this note of discipline, you have been given a document in your kit, I believe entitled “Summary of Case Reports of findings of wrongdoing by the Public Sector Integrity Commissioner”. It's in the stats document.