On motion of Louise Thibault, it was agreed, — That Bill C-11 be amended by adding after line 3 on page 10 the following new clause:
“21.1 (1) A chief executive may temporarily assign other duties to a public servant who is involved in a disclosure or a complaint in respect of a reprisal if the chief executive believes on reasonable grounds that the public servant's involvement has become known in the public servant's workplace and that the temporary assignment is necessary to maintain the effective operation of the workplace.
(2) For the purposes of this section, the public servants involved in a disclosure or a complaint in respect of a reprisal are
(a) the public servant who made the disclosure and every public servant who is the subject of the disclosure;
(b) the public servant who filed the complaint and every public servant who is alleged to have taken the reprisal to which the complaint relates; and
every public servant who is a witness or potential witness in the investigation, if any, relating to the disclosure or in any proceeding dealing with the complaint.
(3) The assignment may be for a period of up to three months, but the chief executive may renew the assignment one or more times if he or she believes that the conditions giving rise to it continue to exist on the expiry of a previous period.
(4) Subject to subsection (6), the duties that may be assigned must be in the same portion of the public sector in which the public servant is employed and must be comparable to the public servant's normal duties.
(5) Subsection (1) applies to a public servant who made a disclosure under this Act, or who is a witness or potential witness in any investigation relating to the disclosure or in any proceeding dealing with a complaint in respect of a reprisal, only if the public servant consents in writing to the assignment. The assignment is deemed not to be a reprisal if the public servant's consent is given.
(6) The public servant may be temporarily assigned duties in another portion of the public sector if both the chief executive of that other portion and the public servant consent to the assignment and the duties are comparable to the public servant's normal duties. The assignment is deemed not to be a reprisal if the public servant's consent is given.”