Can an individual appeal a Merit Protection Commissioner (or delegate) decision

The Public Service Act regulations exclude such decisions from review (Schedule 1 Item 4A).

An employee or former employee must give informed consent before the Merit Protection Commissioner undertakes the inquiry.

If the Merit Protection Commissioner conducts an inquiry and makes a determination, the employee cannot ask the Merit Protection Commissioner to review the decision.

However any sanction decision made by the agency for a non-SES employee can be reviewed by the Merit Protection Commissioner under the Public Service Regulations.

If you are an employee or former employee, you have a right to apply to a court for judicial review of a Code of Conduct decision made by a decision maker. In this case, that would be the decision of the Merit Protection Commissioner (or delegate).

Applications for judicial review generally concern technical questions of law, rather than the details of evidence considered in the decision.