Disclosure of Wrongdoing

The Public Servants Disclosure Protection Act (PSDPA), which came into force on April 15, 2007 following the passing of the Federal Accountability Act in December 2006, requires all departments and agencies to make an internal disclosure process available to their staff for reporting allegations of wrongdoing. The Agency has established such an internal disclosure process. The PSDPA also requires each chief executive to promptly provide public access to information on founded cases of wrongdoing investigated in accordance with the Act.

The rules and principles governing the reporting of founded disclosures of wrongdoing in the workplace are outlined in the PSDPA.

Please note that information that would normally be withheld under the Access to Information Act or the Privacy Act does not appear on this web site.

Founded Cases of Wrongdoing

2018-2019

  • There are no founded cases of wrongdoing to report between April 1, 2018 and March 31, 2019.

2017-2018

  • There are no founded cases of wrongdoing to report between April 1, 2017 and March 31, 2018.

2016-2017

Disclosure of wrongdoing 2016-2017

Description

The Canadian Food Inspection Agency's Senior Integrity Officer (SIO) received a disclosure of wrongdoing under the Public Servants Disclosure Protection Act (PSDPA) on October 15, 2015 concerning the failure of a duty to accommodate. Allegations were made against 4 CFIA managers and related to the following categories of wrongdoing under the PSDPA: a contravention of any Act of Parliament; a serious breach of the Agency's Code of Conduct; and, gross mismanagement. There were also allegations of abuse of power; bullying; and, failing to stop bullying.

Actions taken

After conducting an in-depth preliminary analysis which included internal and external consultations as well as reference to jurisprudence, the SIO engaged the services of an independent private investigation company to conduct an administrative investigation under the provisions of the PSDPA.

The investigation showed that the managers failed to comply with CFIA's Workplace Accommodation Guidelines and Procedures; the TBS Policy on the Duty to Accommodate Persons with Disabilities and the Canadian Human Rights Act.

The investigation showed that the complainant's need for accommodation had not been met and that the complainant's health situation was aggravated because of the lack of accommodation.

Recommendations

Recommendations with respect to corrective actions included: compensating the complainant appropriately for losses incurred; and, ensuring that implicated managers are adequately advised of, and understand, their responsibilities under the Duty to Accommodate.

Corrective measures

The recommendations were accepted and are currently being implemented by the implicated Vice President. In addition consideration is being given to ensuring all supervisors, managers and executives in the Agency are aware of their responsibilities with respect to a duty to accommodate.

2015-2016

  • There are no founded cases of wrongdoing to report between April 1, 2015 and March 31, 2016.

2014-2015

  • There are no founded cases of wrongdoing to report between April 1, 2014 and March 31, 2015.

2013-2014

Disclosure of wrongdoing 2013-2014

A disclosure of wrongdoing under the Public Servants Disclosure Protection Act (PSDPA) was received in July 2012 by the Senior Integrity Officer (SIO). Allegations were made against an Agency inspector working at a regulated party establishment that the inspector's behaviours constituted a breach of CFIA's Code of Conduct and that the inspector had not declared a conflict of interest contrary to the Conflict of Interest and Post Employment Code.

Actions taken

After conducting a preliminary analysis which included internal and external consultations, the SIO engaged the services of a private administrative investigation company to conduct an administrative investigation under the provisions of the Public Servants Disclosure Protection Act.

The investigation concluded that certain of the allegations with respect to wrongdoing were founded and that the inspector's interactions and behaviours with the regulated party constituted a serious breach of the CFIA Code of Conduct. The actions of the inspector prevented him/her from fulfilling his/her inspection duties and put at risk confidential CFIA information.

Recommendations

Despite previous attempts by the CFIA management at the establishment in question to correct the wrongdoer's behaviours on the inspection line, the behaviours continued resulting in the disclosure being submitted to the SIO. It was recommended that the Vice-President of Operations intervene to ensure that appropriate corrective measures were taken.

The SIO has made additional recommendations to the Vice-President of Operations with respect to the security of the CFIA office within the establishment.

Corrective measures

All recommendations were accepted and will be implemented.

2012-2013

  • There are no founded cases of wrongdoing to report between April 1, 2012 and March 31, 2013.

2011-2012

  • There are no founded cases of wrongdoing to report between April 1, 2011 and March 31, 2012.

Previously published reports are available in archives maintained by Library and Archives Canada.

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