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.
Quebec Unrestricted
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
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
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.
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
Canada Private sector
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
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
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.
British Columbia Unrestricted
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
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
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
The Environmental Bill of Rights (SO 1993, c. 28) prohibits reprisals against employees who apply for an investigation made in good faith.
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.
Alberta Unrestricted
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
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.
Ontario Unrestricted
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.
Alberta Private sector
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
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.
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.
Manitoba Unrestricted
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.
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.
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.
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.
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.
Saskatchewan Unrestricted
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.