Whistleblowing Legislation in Canada

The information below on Whistleblowers was take directly from the following site:
http://www.canadianlawsite.ca/whistle-blower.htm#c



Those who disclose information about something they believe to be harmful to the public's interest, occurring in business or in government. It includes disclosure to authorities within the organization, to outside agencies or to the media.

Reason for Whistleblowing Laws

Whistleblowing provisions are designed to facilitate regulation and enforcement of laws by encouraging employees to report evidence essential for industry regulation and the prosecution of corporate wrongdoers.

New Brunswick is the only Canadian Jurisdiction Providing Specific Protection for Whistleblowers

In New Brunswick, Section 28 of the Employment Standards Act, Chap. E-7.2 provides, in part, as follows:
◦28. Notwithstanding anything in this Act an employer shall not dismiss, suspend, lay off, penalize, discipline or discriminate against an employee if the reason therefor is related in any way to

◦(b) the making of a complaint or the giving of information or evidence by the employee against the employer with respect to any matter covered by this act; or

◦(c) the giving of information or evidence by the employee against the employer with respect to the alleged violation of any Provincial or federal Act or regulation by the employer while carrying on the employer's business; or if the dismissal, suspension, layoff, penalty, discipline or discrimination constitutes in any way an attempt by the employer to evade any responsibility imposed upon him under this Act or any other Provincial or federal Act or regulation or to prevent or inhibit an employee from taking advantage of any right or benefit granted to him under this Act.

Statutes that Address Whistleblowing

◦Ontario's two main environmental statutes, the Environmental Protection Act, R.S.O. 1990, c. E.19 and the Environmental Bill of Rights, S.O. 1993, c. 28, contain extensive protections for employees who have been discharged, disciplined or harassed for complying with Ontario's environmental legislation.

Under both statutes, employees who have had reprisals taken against them are authorized to file a complaint with the Ontario Labour Relations Board, which will first try to effect a settlement or, if unsuccessful, hold an inquiry into the complaint. If the Board finds the employee's complaint justified, it has broad powers to order rectification, reinstatement or compensation. Because Ontario's Environmental Protection Act prohibits an employer from taking reprisals against an employee for complying with the Act, an employer who contravenes this section could be prosecuted under s. 186 of the Act, which states that every person who contravenes the Act is guilty of an offence.

◦The Canadian Environmental Protection Act, R.S.C. 1985, c. C-15.3 ("CEPA") also contains a whistleblowing provision. It declares that no federal government employee shall be disciplined, dismissed or harassed for reporting on the release of certain toxic substances to a CEPA inspector. These provisions have been criticized for applying to only a limited number of violations under CEPA, for protecting only reports to a CEPA inspector, rather than the media or other officials, and for extending only to federal public servants, rather than all employees in the federal sphere (Environment Canada, CEPA Issue Elaboration Paper #10 -- Public Participation for Environmental Protection, 1994, pp. 119-20).

◦Ontario's Occupational Health and Safety Act, R.S.O. 1990, c. O.1 prohibits employers from taking reprisals against a worker because the worker has complied with the Act, sought its enforcement, or given evidence in a proceeding brought under the Act. Alleged contraventions are dealt with either by binding arbitration pursuant to a collective agreement, if one exists, or by filing a complaint with the Ontario Labour Relations Board. If a penalty for contravention is not established in the collective agreement, the Board can substitute such other penalty that to the Board seems "just and reasonable in all the circumstances".

◦The employment standards provisions in the Canada Labour Code, R.S.C. c. L-2, which apply to employers under federal jurisdiction, contain similar protections for employees who have testified, given information to an inspector, or sought enforcement of the Code. Employers who contravene these provisions are guilty of a summary conviction offence and liable to a fine of up to $15,000.

◦The Canadian Human Rights Act, R.S.C. 1985, c. H-6, prohibits any person from threatening, intimidating, or discriminating against an individual because that individual has made a complaint, given evidence, or assisted in the initiation or prosecution of a complaint under the Act.