Act respecting the Regulation of the Financial Sector

Overview

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.

What kind of disclosure is protected?

The Act protects any person who, while acting in good faith and on the basis of reasonable belief, has disclosed to the Authorité des marché financiers information regarding a contravention of the Act that has been, or is about to be, committed s.17.0.1.

Who is eligible for protection?

The Act protects any person who has disclosed a contravention of this Act to the Authority.

The identity of a person making a disclosure shall be kept confidential s.17.0.2. However, the identity of persons may be communicated to the Director of Criminal and Penal Prosecutions or to another competent authority.

Disclosures regarding information protected by solicitor-client privilege is prohibited under the Act s.17.0.1.

The Act does not protect any persons who make false or misleading statements or who obstruct or destroy evidence relating to a disclosure s.19, s.19.0.1. Persons who are found guilty of any of these acts will be liable to a fine of no $2 000 to $20 000 for a natural person and $10 000 to $250 000 in all other cases. Fines are doubled for a subsequent offence. 

How are whistleblowers protected?

The Act protects any person who has made a protected disclosure or has cooperated in an investigation regarding a disclosure against any kind of reprisal s.17.0.4.

Under the Act, a reprisal s.17.0.5 means the demotion, suspension, dismissal or transfer of an employee, or any other disciplinary action that adversely affects the person's employment or working conditions.

How should disclosures be made?

Be careful! Despite presenting some challenges for follow ups, one of the best protections for whistleblowers is their anonymity. Be cautious when providing any information through electronic means, especially emails! Read the security tips section.

The disclosure must be made online in the prescribed form or by printing and sending it in by mail: 

Place de la Cité
400 - 2640 boulevard Laurier
Québec, QC G1V 5C1

or by fax:

1-877-285-4378

For additional information on how to disclose a wrongdoing, please contact l'Autorité des Marchés Financiers at https://lautorite.qc.ca/en/general-public/contact-us