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 |