Red boxes higlight protection frameworks that are exact matches to your search. Results also include other protection frameworks (in grey boxes) that might apply due to their federal jurisdiction or unrestricted scope.
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.
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.
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.
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.
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.
Quebec Public sector
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.
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.
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.
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).
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.
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.
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.
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.
Quebec Public sector
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.
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.
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.