Manitoba - Further Protection For Whistleblowers

October 4, 2007 - The second stage of the Public Interest Disclosure (Whistleblower Protection) Act covering employees reporting wrongdoings in the public service is now in effect, said Finance Minister Greg Selinger. The Act covers:

• public sector bodies, or
• organizations that receive a substantial portion of their funding from the Manitoba government

"Thousands more employees are now covered under this act, which is the broadest provincial legislation of its kind in Canada," said Greg Selinger. "The act calls for investigating disclosures using the principles of fairness and natural justice and also specifies time frames for action to be taken."

The first stage of the Act came into effect earlier in 2007, covering public sector employees including those in provincial departments, Crown corporations and other government agencies, regional health authorities, statutory child and family services agencies and authorities, and independent offices of the legislative assembly.

Additional organizations that are either public sector bodies or receive a substantial portion of their funding from the Manitoba government that are now covered by the act include:

• universities;
• child-care centres;
• agencies that provide support services for adults with a mental disability including residential and day services;
• agencies that provide residential services for children;
• agencies that provide social housing services;
• family violence crisis shelters;
• licensed or approved residential-care facilities other than foster homes;
• the Society for Manitobans with Disabilities; and
• St. Amant Centre Inc.

The Public Interest Disclosure (Whistleblower Protection) Act protects whistleblowers who disclose perceived wrongdoings including

• contraventions of federal or provincial legislation;
• acts or omissions that endanger public safety, public health or the environment;
• gross mismanagement including gross mismanagement of public funds or assets; and
• knowingly directing or counselling a person to commit a wrongdoing.

It also protects employees from reprisal and empowers the Manitoba Labour Board to determine if there has been action taken against an employee for making a disclosure and provides remedies including reinstatement. Those found to have taken a reprisal against an employee or to have contravened other sections of the act could face a fine of up to $10,000.

The legislation provides a process for disclosure that can involve the immediate supervisor or a designated officer in the employee’s organization or the Manitoba ombudsman. A public disclosure could also be made if the matter is urgent and constitutes imminent risk of substantial and specific danger to life, health or safety if the employee has first made a disclosure to the appropriate law enforcement agency or, in the case of a health-related matter, to the chief medical officer of health.

The act also ensures employees have access to the Manitoba ombudsman who has responsibilities to investigate complaints. The ombudsman is able to refer a matter to the auditor general if appropriate. The ombudsman will make an annual report to the legislature.

More information on the Public Interest Disclosure (Whistleblower Protection) Act is available at www.gov.mb.ca/csc.