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Quebec Unrestricted

Act respecting Labour Relations, Vocational Training and Workforce Management in the Construction Industry

The Act respecting Labour Relations, Vocational Training and Workforce Management in the Construction Industry (CQLR c R-20) protects any person who has disclosed a contravention of the Act to the Commission. The Act prohibits any reprisal taken against a person for making a disclosure or cooperating in an investigation.

Construction

Quebec Unrestricted

Act respecting the Autorité des Marchés Publics

The Act respecting the Autorité des Marchés Publics (CQLR c A-33.2.1) protects any person with an interest in the tendering or awarding process of a public contract who discloses information regarding a non-compliance with the normative framework. The Act prohibits any reprisals against a person who has made a protected disclosure.  

Finance

Quebec Unrestricted

Act respecting the Regulation of the Financial Sector

The Act respecting the Regulation of the Financial Sector (CQLR c E-6.1) protects any person who discloses information regarding a contravention of the Act. The Act prohibits any reprisals against a person who has made a protected disclosure.

Finance

Quebec Public sector

Act to Combat Maltreatment of Seniors and Other Persons of Full Age in Vulnerable Situations

The Act to Combat Maltreatment of Seniors and Other Persons of Full Age in Vulnerable Situations (CQLR c L-6.3) protects any person who has disclosed cases of maltreatment in an institution to the local service quality and complaints Commissioner. The Act also protects against any reprisal.

Health

Quebec Unrestricted

Act to facilitate the Disclosure of Wrongdoings Relating to Public Bodies

In Quebec, the Act to facilitate the Disclosure of Wrongdoings Relating to Public Bodies (CQLR, c. D-11.1), applies to provincial departments, as well as the National Assembly, Government-appointed bodies, public agencies, school boards, publicly funded childcare and daycare centres, universities and organizations within the public health and social services network. Under the Act, any person—public servant or not—may disclose wrongdoings by a public servant to the Protecteur des citoyens. Reprisals against a person that has cooperated or made a disclosure in good faith are prohibited and subject to fines.

Unrestricted

Quebec Public sector

Anti-Corruption Act

The Anti-Corruption Act (CQLR 2016, c. L-6.1) prohibits any reprisal against a person who has reported any wrongdoing covered by the Act to the Anti-Corruption Commissioner. The Commissioner must take all necessary steps to preserve the anonymity of the whistleblower, though the whistleblower’s name may be provided to the Director of Criminal and Penal Prosecutions.

Privacy and Data Protection

Canada Private sector

Canada Labour Code

The Canada Labour Code (RSC 1985, c. L-2) protects employees who have reported a violation of health and safety working conditions under the Code or have contributed to any health and safety inquiry to a health and safety inspector. Any reprisals made against employees are prohibited, including reports on violations regarding wages, hours of work, annual vacation or conditions of work of an employee (including sexual harassment). The Code also protects employees who have contributed to any inquiry made by the Minister of Labour or an inspector.  In 2007 the Ontario Superior Court found that employees disclosing any wrongdoings under the Code in the prescribed way and to the prescribed officials, were also protected under the unjust dismissal provisions, including financial penalties. In 2016, the Supreme Court of Canada decided that those provisions applied to both unionized and nonunionized employees.

Workplace conditions

Canada Unrestricted

Canadian Environmental Protection Act

The Canadian Environmental Protection Act (SC 1999, c. 22) allows for a person to disclose information about the release, or likely release, of a substance into the environment that is in violation of a regulation. These disclosures should be made to an enforcement officer or to a designated person. This Act also prohibits employers from disciplining employees who have made these reports.

Environment

Quebec Unrestricted

Civil Code of Quebec

In Quebec, the Civil Code (CQLR, c. CCQ-1991, art. 1472) provides for the exoneration of liability to anyone who discloses a trade secret for “considerations of general interest” and, particularly, for “reasons of public health or safety.” This provision appears much broader than other provincial and federal statutes, especially as it does not restrict protected disclosure to those made to a public authority. It does not, however, apply to labour relations (Villa d'Argenteuil 1996 c. UEES 800, 2002 QC SAT G/01/242P).

Unrestricted

Canada Unrestricted

Competition Act

The Competition Act (LRC 1985, c. C-34) provides protection for employees who disclose information to the Commissioner of Competition regarding a past or potential offence of the Act. Any person who has reasonable grounds to believe that a person has committed or intends to commit an offence under the Act, may notify the Commissioner of the particulars of the matter and may request that his or her identity be kept confidential with respect to the notification.

Unrestricted

Canada Unrestricted

Criminal Code

The Criminal Code (RSC 1985, c. C-46, s. 425.1) protects employees from threats and reprisals for disclosing an offence to a law enforcement officer that they believe to have been, or is in the course of being committed. 

Unrestricted

British Columbia Unrestricted

E-Health Act

The E-Health (Personal Health Information Access and Protection of Privacy) Act (SBC 2008, c. 38) protects public and private sector employees who have disclosed or will disclose a contravention of the Act to an administrator, the Minister of Health or the Information and Privacy Commissioner. Any reprisal is subject to a fine under the Act.

Health

Quebec Unrestricted

Educational Childcare Act

The Educational Childcare Act (CQLR c S-4.1.1) protects any person who has disclosed a wrongdoing to the Minister of Education. The Act also protects against reprisals for making a disclosure, seeking advice or cooperating with the Minister.

Childcare

New Brunswick Unrestricted

Employment Standards Act

The Employment Standards Act (SNB, c. E-7.2) protects employees who have disclosed information regarding a contravention of the Act to the Director of the Employment Standards. The Act also prohibits any reprisals against any employee who disclosed information regarding a violation of the Act. 

Unrestricted • Workplace conditions

Ontario Private sector

Environmental Bill of Rights

The Environmental Bill of Rights (SO 1993, c. 28) prohibits reprisals against employees who apply for an investigation made in good faith.

Environment

Ontario Private sector

Environmental Protection Act

The Environmental Protection Act (RSO 1990, c. E.19) prohibits any retaliation against employees for giving information about a violation of the Act or a series of other environment related statutes (such as the Ontario Water Resources Act, the Pesticides Act or the Toxics Reduction Act). Employees are protected when they disclose information to the Ministry of the Environment or provincial officer designated by the Minister. Any retaliation is considered an offence which is subject to a fine, and if it is repeated, subject to imprisonment.

Environment

Prince Edward Island Public sector

Freedom of Information and Protection of Privacy Act

The Freedom of Information and Protection of Privacy Act (RSPEI 1988, c F-15.01) protects public sector employees who have disclosed information, in writing, regarding a risk of significant harm to the environment or to the health or safety of the public. The Act protects employees against reprisals for making a protected disclosure.

Privacy and Data Protection • Unrestricted

British Columbia Public sector

Freedom of Information and Protection of Privacy Act

The Freedom of Information and Protection of Privacy Act (RSBC 1996 c 165) protects public servants who have disclosed a wrongdoing regarding citizen privacy and data management to the Information and Privacy Commissioner. The Act also protects against any reprisal.

Privacy and Data Protection

Alberta Unrestricted

Health Information Act

The Health Information Act (RSA 2000, c. H-5) protects affiliates of a custodian of health data for disclosing a contravention to the Act. To be protected, a disclosure must be made to the Office of the Information and Privacy Commissioner, be made in good faith, and must be regarding the collection use, or disclosure by a custodian of health information in violation of the Act. Under the Act, any retaliation taken towards the affiliate is considered an offence and is subject to a fine.

Health • Privacy and Data Protection

British Columbia Private sector

Laboratory Services Act

The Laboratory Services Act (SBC 2014, c. 8) protects employees who disclosed an actual or foreseen contravention to the Act to the Minister of Health. Any reprisal taken against an employee is an offence, subject to a fine or imprisonment.

Health

Ontario Unrestricted

Personal Health Information Protection Act

The Personal Health Information Protection Act (SO 2004, c.3, Sch. A) prohibits any retaliation against a person who has disclosed an actual or foreseen contravention to the Act to the Information and Privacy Commissioner. Any retaliation is subject to a fine.

Health • Privacy and Data Protection

British Columbia Unrestricted

Personal Information Protection Act

The Personal Information Protection Act (SBC 2003, c. 63) protects employees who have disclosed a contravention to the Act to the Information and Privacy Commissioner. Any reprisal under the Act is an offence and is subject to a fine.

Privacy and Data Protection

Alberta Private sector

Personal Information Protection Act

The Personal Information Protection Act (SA 2003, c P-6.5) prohibits sanctioning employees who disclose contraventions, or foreseen contraventions, to the Act to the Information and Privacy Commissioner, or have acted or refused to act to avoid such a contravention. Any retaliation is considered an offence and is subject to a fine.

Privacy and Data Protection

Canada Private sector

Personal Information Protection and Electronic Documents Act

The Personal Information Protection and Electronic Documents Act (SC 2000, c. 5) protects employees who, on reasonable grounds, notifies the Privacy Commissioner of a potential privacy breach. During this process, employees can request for their identity to be kept confidential. The Act prohibits reprisal against an employee who acts in good faith and on the basis of reasonable belief when disclosing information about a person contravening any of the Act’s provisions. The Act, and therefore this protection, does not apply to organizations operating exclusively within Alberta, British Columbia, and Quebec. The Act does not apply in the health sectors in Ontario, New Brunswick, Newfoundland and Labrador and Nova Scotia that are governed by their respective provincial health privacy legislations.

Privacy and Data Protection

British Columbia Unrestricted

Pharmaceutical Services Act

The Pharmaceutical Services Act (SBC 2012, c. 22) protects employees in the health sector who have disclosed a contravention of the Act to the Minister of Health, a provider, a data administrator, a professional health college, or the Information and Privacy Commissioner. Any reprisal taken against an employee is an offence, subject to a fine or imprisonment. 

Health

Quebec Public sector

Police Act

The Police Act (CQLR c P-13.1) protects a police officer who makes a disclosure regarding the criminal conduct of another officer to the director of police. Any reprisals made against a police officer who makes a protected disclosure is prohibited by the Act.

Law Enforcement

Manitoba Unrestricted

Public Health Act

The Public Health Act (CCSM c P210) protects any person who discloses information regarding a health hazard to a medical officer, inspector, or other person specified in the regulations. Any reprisals made against a person who makes a protected disclosure is deemed to be an offence by the Act and is subject to fines.

Health

Alberta Unrestricted

Public Interest Disclosure (Whistleblower Protection) Act

In Alberta, the Public Interest Disclosure (Whistleblower Protection) Act (SA 2012, c. P-39.5) protects public service employees, as well as some from the private sector, for the disclosure of specific wrongdoings to their supervisor, some designated officers or the Alberta Public Interest Commissioner. The statute applies predominantly to the public service and provincial agencies, although the provisions also apply equally to some private organizations such as academic institutions, schools boards and public health organizations, as well as government service providers in the course of a business relationship with the government.

Unrestricted

New Brunswick Public sector

Public Interest Disclosure Act

The Public Interest Disclosure Act (RSNB 2012, c. 112) protects public sector employees who have disclosed wrongdoings to supervisors, designated officers within an organization, or to the New Brunswick Ombudsman. The Act prohibits reprisals against employees who have made a disclosure, sought advice about making a disclosure, or cooperated in an investigation under the Act.

Unrestricted

British Columbia Public sector

Public Interest Disclosure Act

The Public Interest Disclosure Act (SBC 2018, c 22) protects public sector employees who make a disclosure regarding a matter of public interest and serious wrongdoing in or relating to a ministry, office or government body. The Act prohibits any reprisals against an employee who has made a protected disclosure.

Unrestricted

Newfoundland and Labrador Public sector

Public Interest Disclosure and Whistleblower Protection Act

The Public Interest Disclosure and Whistleblower Protection Act (S.N.L. 2014, c. P-37.2) protects public sector employees who have disclosed a wrongdoing, in writing, to the Citizens Representative. The Act also protects employees against reprisals for making a disclosure, seeking advice, or cooperating with the Citizen’s Representative.

Unrestricted

Prince Edward Island Public sector

Public Interest Disclosure and Whistleblower Protection Act

The Public Interest Disclosure and Whistleblower Protection Policy (RSPEI 1988, c P-31.01) provides an administrative framework for the disclosure of wrongdoings. Public servants can disclose, in writing, wrongdoings to a supervisor, a Deputy Head, or the Ethics and Integrity Commissioner. The Policy prohibits reprisals against an employee who makes a protected disclosure.

Unrestricted

Nova Scotia Private sector (residual) • Public sector

Public Interest Disclosure of Wrongdoing Act

The Public Interest Disclosure of Wrongdoing Act (SNS 2010, c. 42) protects public servants who disclose wrongdoings to a supervisor, a designated officer or the province’s Ombudsman in writing. If the wrongdoing constitutes an imminent risk of substantial and specific danger to the life, health or safety of an individual or to the environment and there is not enough time to follow internal procedures, the employee may make the disclosure to the public. However, that disclosure should be made to an appropriate law enforcement agency first. Alongside employees, corporations majorly owned by the Province and organizations that deliver services on behalf of the Provinces, and are substantially publicly funded, are also protected under the Act.

Unrestricted

Yukon Public sector

Public Interest Disclosure of Wrongdoing Act

The Public Interest Disclosure of Wrongdoing Act (SY 2014, c. 19) protects disclosures of wrongdoings made to a supervisor, a designated officer, or the Public Interest Disclosure Commissioner. Public servants who sought advice prior to a disclosure or collaborated in an investigation are protected from reprisals under the Act. The Act also protects public servants from reprisals for refusing to take part in a wrongdoing.

Unrestricted

Canada Public sector

Public Servants Disclosure Protection Act

The Public Servants Disclosure Protection Act (SC 2005, c. 46) provides civil protection for disclosure of wrongdoing made by public sector employees. The protection only covers disclosure made to specifically designated people and entities, except if the disclosure relates to a wrongdoing that is a serious offence or poses an imminent risk of danger to the life, health and safety of an individual, or to the environment. Members of law enforcement, military and intelligence communities are subject to specific derogatory regimes.

Unrestricted

Nunavut Public sector

Public Service Act

The Public Service Act (S.Nu. 2013, c.26) provides protection for public servants who report wrongdoings. The purpose of the act is for employees to be able to balance their duties of confidentiality, impartiality and loyalty with their duty of protecting the public from wrongdoings.

Unrestricted

Ontario Public sector

Public Service of Ontario Act

Under the Public Service of Ontario Act (SO 2006, c. 35), a public servant is protected from reprisals for disclosing a wrongdoing to a designated officer or the Integrity Commissioner.

Unrestricted

Ontario Private sector

Securities Act

The Securities Act (RSO 1990, c. S.5) protects employees from retaliation for disclosing a contravention to the Act or other regulatory instruments, including self-regulatory organizations. The contravention can be ongoing, foreseen, or occurred in the past, and must be disclosed to the Ontario Securities Commission (OSC). Additionally, any provisions and confidentiality agreements that prevent disclosures from being made are considered void. The OSC has introduced a Whistleblower Program meant to encourage people to provide quality information about potential infractions of the Act; a monetary award is offered for original information that has helped an investigation. This program encourages employees to use internal mechanisms as much as possible, however, it is not required. This program excludes Information that must be given due to an existing legal obligation.

Finance

British Columbia Private sector

Securities Act

The Securities Act (RSBC 1996, c 418) protects employees from reprisals when acting in good faith. This includes seeking advice on a disclosure, expressing an intent to disclose, or making a disclosure.

Unrestricted

Nova Scotia Private sector

Securities Act

The Securities Act (RSNS 1989, c. 418) prohibits companies or people from taking reprisals against anyone who, while acting in good faith, makes or expresses intent in making a disclosure, gives evidence at a relevant proceeding, or cooperates with a relevant examination or investigation.

Unrestricted

Alberta Private sector

Securities Act

In Alberta, the Securities Act (RSA 2000, c S-4) provides protection for whistleblowers who act in good faith and on the basis of reasonable belief in disclosing wrongdoings in relation to the Act to the Alberta Securities Commission s. 57.1.

Finance

Canada Public sector

Security of Information Act

The Security of Information Act (R.S.C., 1985, c. O-5) provided for a “public interest defense” for people permanently bound to secrecy that would have disclosed special operation information in case where the public interest in the disclosure outweighs the public interest in non-disclosure. However, except when necessary to avoid grievous bodily harm or death, prior disclosure is required to some specifically designated authorities. The National Security Intelligence Review Agency, and other members of the national security and intelligence community, have highlighted the uncertainties and limitations of the framework calling for legislative reform.

National Security and Intelligence

Manitoba Unrestricted

The Public Interest Disclosure (Whistleblower Protection) Act

The Whistleblower Protection Act (CCSM c P217) protects private and public sector employees who disclose wrongdoings, in writing, to their supervisor, a designated officer or to the Manitoba Ombudsman.  An exception exists, however, in the case of a matter that constitutes an imminent risk to the life, health or safety of persons or the environment, where a public disclosure is possible if there is insufficient time to disclose through the internal procedure. The Act also prohibits any reprisal against an employee who has disclosed a wrongdoing.

Unrestricted

Saskatchewan Public sector

The Public Interest Disclosure Act

The Public Interest Disclosure Act (SS 2011, c. P-38.1) protects public servants that disclose wrongdoings to designated officers within their organization or to the Public Interest Disclosure Commissioner. Any retaliation towards a public servant is deemed an offence by the Act and is subject to fines.

Unrestricted

Saskatchewan Unrestricted

The Saskatchewan Employment Act

The Saskatchewan Employment Act (SS 2013, c. S-15.1) protects employees who report a contravention to the Act to a supervisor, a law enforcement agency or officials in charge of enforcing the Act. The Act also prohibits any reprisal against an employee who has made a protected disclosure.

Unrestricted