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Second Session, Thirty-Ninth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 235

THE PUBLIC INTEREST DISCLOSURE (WHISTLEBLOWER PROTECTION) AMENDMENT ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. P217 amended

1           The Public Interest Disclosure (Whistleblower Protection) Act is amended by this Act.

2           Section 2 is amended in clause (e) of the definition "reprisal" by adding "or to commence an action or proceeding against the employee" at the end.

3           Section 10 is amended by striking out "or" at the end of clause (b), adding "or" at the end of clause (c) and adding the following after clause (c):

(d) a Member of the Legislative Assembly.

4           Subsection 21(3) is amended

(a) in the section heading, by adding "and liability" after "Reprisal"; and

(b) by adding "and liability" after "reprisal".

5           The following is added after section 27:

Protection from liability

27.1        No civil action or proceeding may be brought against a person because of that person having taken, in good faith, any of the actions described in clauses 27(a) to (c).

6           Section 30 is amended

(a) in subsection (1), by adding "or a Member of the Legislative Assembly" at the end; and

(b) in the part of subsection (2) before clause (a), by adding "or a Member of the Legislative Assembly" after "the Ombudsman".

7(1)        Subsection 31(1) is amended by adding "or a Member of the Legislative Assembly" after "the Ombudsman".

7(2)        The following is added after subsection 31(1):

Protection from liability

31(1.1)     No civil action or proceeding may be brought against a person because of that person having provided, in good faith, information to the Ombudsman or a Member of the Legislative Assembly about an alleged wrongdoing.

7(3)        Subsection 31(2) is amended in clause (e) by adding "or to commence an action or proceeding against the employee" at the end.

8           Section 32 is amended in the part after clause (c) by adding "or a Member of the Legislative Assembly" after "the Ombudsman".

9           Subsection 33(1) is amended by adding "or a Member of the Legislative Assembly," after "the Ombudsman,".

Coming into force

10          This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill amends The Public Interest Disclosure (Whistleblower Protection) Act to protect whistleblowers from having civil proceedings brought against them.  It also makes it an offence to threaten to bring civil proceedings against a whistleblower.

The Bill also extends the Act's protection to persons who provide information relating to a public service wrongdoing to a Member of the Legislative Assembly.