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The Public Interest Disclosure (Whistleblower Protection) Act

C.C.S.M. c. P217

The Public Interest Disclosure (Whistleblower Protection) Act

PART 1
PURPOSE AND DEFINITIONS
1 Purpose of this Act
2 Definitions
PART 2
DISCLOSURES OF WRONGDOING
WRONGDOINGS
3 Wrongdoings to which this Act applies
4 Discipline for wrongdoing
PROCEDURES
5(1) Procedures to manage disclosures
(2) Content of procedures
6 Designated officer
7(1) Exception
(2) Chief executive to be designated officer
8 Information about Act to be communicated
MAKING A DISCLOSURE
9(1) Request for advice
(2) Request may be in writing
10 Disclosure by employee
11 Disclosure to Auditor General re Ombudsman
12 Content of disclosure
13 Ombudsman to facilitate resolution within department, etc.
MAKING A DISCLOSURE ABOUT AN URGENT MATTER
14(1) Public disclosure if situation is urgent
(2) Disclosing to supervisor or designated officer
TYPES OF INFORMATION THAT CAN BE DISCLOSED
15 Disclosure despite other Acts
16(1) Where disclosure restrictions continue to apply
(2) Caution re disclosure of personal or confidential information
17 Other obligations to report not affected
ANNUAL REPORT ABOUT DISCLOSURES
18(1) Report about disclosures
(2) Information to be included
(3) Public access to report
PART 3
INVESTIGATIONS BY THE OMBUDSMAN
19 Purpose of investigation
20(1) Investigation by Ombudsman
(2) Informal investigation
(3) Right to procedural fairness and natural justice protected
21(1) When investigation not required
(2) Referral to Auditor General
(3) Reprisal protections apply
22 Conducting an investigation
23 Investigating other wrongdoings
24(1) Ombudsman's report re investigation
(2) Copy to employee and chief executive
(3) Matter being investigated involves chief executive
25(1) Department to notify Ombudsman of proposed steps
(2) Report to minister or Speaker
26(1) Annual report
(2) Report to be tabled in Assembly
(3) Special report
PART 4
PROTECTION FROM REPRISAL
27 Protection of employee from reprisal
28(1) Complaint to Manitoba Labour Board
(2) Procedures for dealing with the complaint
(3) Board order
29 Labour Relations Act applies
PART 5
GENERAL PROVISIONS
INFORMATION ABOUT WRONGDOING PROVIDED BY PERSONS OUTSIDE THE PUBLIC SERVICE
30(1) Disclosure of wrongdoing by others
(2) Information to be provided
(3) Ombudsman may investigate
(4) Report
31(1) Protection for private sector employee who provides information
(2) Prohibited measures
(3) Other rights not affected
(4) Meaning of "private sector employee"
32 Protection for person contracting with government
GENERAL OFFENCES
33(1) False or misleading statement
(2) Obstruction in performance of duties
(3) Destruction, falsification or concealment of documents or things
(4) Offence and penalty
(5) Commencement of prosecution
LEGAL ADVICE
34 Arranging legal advice
LIABILITY PROTECTION
35 Protection from liability
REGULATIONS
36 Regulations
MISCELLANEOUS PROVISIONS
37
38 C.C.S.M. reference
39(1) Coming into force
(2) Coming into force: section 37