Standard personal information banks

Class of Individuals: Individuals and representatives of individuals or groups who make a complaint, respondents, and witnesses.

Purpose: Personal information is collected pursuant to Part III of the Canadian Human Rights Act and is used to record, enquire into and resolve complaints of discrimination.

Consistent Uses: Information may be shared with the Department of Justice Canada to provide evidence for the hearing of a complaint by the Canadian Human Rights Tribunal, the Federal Court of Canada, the Appeal Court and/or the Supreme Court of Canada. Information may be also be used or disclosed for program evaluation.

Retention and Disposal Standards: For information about the length of time that specific types of common administrative records are maintained by a government institution, including the final disposition of those records, please contact the institution’s Access to Information and Privacy Coordinator.

RDA Number: 98/005

Related Record Number: PRN 926

Bank Number: PSU 933

Discipline
Description: This bank describes personal information related to the application of discipline standards in the federal public service and related penalties, including termination of employment, suspension, demotion to a position at a lower maximum rate of pay and financial penalties that may be applied for breaches of discipline or misconduct in government institutions. Personal information may include: name, contact information, biographical information, date of birth, employee identification number, employee personnel information, financial information, legal advice, medical information, nature of the misconduct and the disciplinary measure, opinions and views of, or about, individuals, and signature.

Class of Individuals: Employees and former employees of the institution who are/were the subject of the alleged misconduct, interviewees, medical practitioners, representatives or bargaining agents, and witnesses.

Purpose: Personal information is used to investigate alleged misconduct in government institutions and to determine the need for, and nature of, disciplinary actions. Information is also collected to support decisions on pay and benefits, attendance and leave, transfer, demotion and termination of employment. For many institutions, personal information is collected pursuant to paragraph 12(1)(c) of the Financial Administration Act. For those institutions not subject to the Act, consult the institution’s Access to Information and Privacy Coordinator to determine the legal authority for the collection.

Consistent Uses: Some discipline measures may also be described in Standard Personal Information Bank Employee Personnel Record – PSE 901. Information concerning grievances is described in Standard Personal Information Bank Grievances – PSE 910. Where applicable, information may be shared with the following entities: 1) the Treasury Board of Canada Secretariat in cases of terminations / demotions, interpretation / application of cases involving important jurisprudential issues, and other special instances; 2) professional regulatory bodies, as required; and 3) law enforcement agencies in the event of an alleged criminal offence. Information may also be used or disclosed for program evaluation.

Retention and Disposal Standards: (1) For information about the length of time that specific types of common administrative records are maintained by a government institution, including the final disposition of those records, please contact the institution’s Access to Information and Privacy Coordinator. (2) Documentation concerning a specific employee including documentation related to disciplinary action – the time limit for disposal is that specified in applicable collective agreements or a minimum of two years following the date of disciplinary action, provided no further disciplinary action has been recorded in the meantime. (3) In cases where a disciplinary action has been rescinded, the onus is on the institution to ensure that the documentation of the action concerned is immediately destroyed.

RDA Number: 98/005

Related Record Number: PRN 926 and PRN 946

Bank Number: PSE 911

Disclosure of Wrongdoing in the Workplace
Description: This bank describes information related to disclosures of alleged wrongdoing in the public sector, as defined in section 8 of the Public Servants Disclosure Protection Act (PSDPA). Personal information may include name, contact information, biographical information, employee personnel information, employee identification number, opinions and views of, or about, individuals, signature and other personal information which may be contained in the investigation documentation.

Note: Individuals, who are public servants, making a disclosure of wrongdoing may do so to their supervisor, to the Senior Officer for Disclosure of their institution, or directly to the Public Sector Integrity Canada; individuals, who are not public servants, making a disclosure of wrongdoing pertaining to the organization may do so directly to an organizational point of contact that has been designated for the handling of such concerns or the Office of the Public Sector Integrity Commissioner of Canada; refer to Case Review and Investigations Files – PSIC PPU 005. Disclosures of wrongdoing pertaining to the Office of the Office of the Public Sector Integrity Commissioner of Canada must be made to the Auditor General of Canada. Bank formerly called: Internal Disclosure of Wrongdoing in the Workplace. Description last updated: December 2013.