Process

Process

Following receipt of a disclosure of wrongdoing that concerns the Office of the Public Sector Integrity Commissioner of Canada from a federal public servant, the Office of the Auditor General of Canada’s process comprises 5 important stages:

1. Review the case for admissibility
  • The disclosure is examined against the mandate, the definition of wrongdoing and related factors, and the restrictions and discretion of the Auditor General of Canada.
  • A recommendation is made to the Auditor General of Canada regarding whether there are sufficient grounds for further action.
  • Target: 90 days
2. Decide whether to take further action
  • The discloser is informed in writing whether the case will be closed or further action will be taken.
  • If an investigation is launched, the Public Sector Integrity Commissioner of Canada is notified. Other individuals may also be notified, including persons alleged to have committed wrongdoing.
3. Investigate
  • The investigation is conducted promptly and informally.
  • Public servants must cooperate.
  • Parties have a right to procedural fairness and natural justice.
  • Parties may be assisted or represented by a person of their choosing.
  • Anyone who may be adversely affected will be given the opportunity to answer the allegations.
  • The Auditor General of Canada may cease the investigation.
  • Target: 1 year
4. Determine whether wrongdoing occurred
  • The Auditor General of Canada makes a decision.
  • Persons who were notified of the investigation are informed of the outcome in writing.
  • If wrongdoing is not found, or if the investigation is ceased, the file is closed.
5. Report the findings
  • If wrongdoing is found
    • the Public Sector Integrity Commissioner of Canada is informed and given the opportunity to respond to recommendations concerning corrective measures
    • Parliament is informed within 60 days thereafter

The Auditor General of Canada’s decisions under the act are final and cannot be appealed. However, a public servant may bring an application for judicial review of the Auditor General of Canada’s findings before the Federal Court of Canada.