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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
(3) Ombudsman entitled to copy of procedures
(4) Ombudsman may make recommendations
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 (1) Disclosure by employee
(2) Supervisor must refer disclosure to designated officer
11 Disclosure to Auditor General re Ombudsman
12 Content of disclosure
13 Ombudsman to facilitate resolution within public body
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
18
PART 3
INVESTIGATIONS
19 Purpose of investigation
19.1 (1) Investigation by designated officer
(2) Designated officer may consult
20 (1) Investigation by Ombudsman
(2) Matter already being investigated
(3) Referral to designated officer
(4) Ombudsman may inquire about status
(5) Referral to Auditor General
21 (1) Decision not to investigate
(2) and (3) Repealed
(4) Informing person making disclosure
22 (1) Manner in which investigation conducted
(2) Protecting right to procedural fairness and natural justice
(3) Protecting identity of persons involved in investigation
(4) Designated officer must follow procedures
(5) Records and information
(6) Ombudsman's investigation
23 Investigating other wrongdoings
24 (1) Report re investigation
(2) Copy to chief executive
(3) Matter being investigated involves chief executive
(4) Informing employee
25 (1) Chief executive to notify Ombudsman of proposed steps
(2) Further report if steps not taken
26
PART 4
PROTECTION FROM REPRISAL
27 Protection of employee from reprisal
27.1 (1) Reprisal complaint to the Ombudsman
(2) Complaint to the Auditor General
(3) Investigation of reprisal complaint
28 (1) Further reprisal complaint to Manitoba Labour Board
(1.1) New hearing
(2) Procedures for dealing with the reprisal complaint
(3) Board order
29 Labour Relations Act applies
PART 4.1
ANNUAL REPORTS
29.1 (1) Chief executive's report about disclosures
(2) Information to be included
(3) Public access to report
29.2 (1) Ombudsman's annual report
(2) Report to be tabled in Assembly
(3) Special report
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) Informing person who provided information
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
IDENTITY OF WHISTLEBLOWER NOT TO BE DISCLOSED
32.1 (1) Identity of whistleblower protected in civil or administrative proceedings
(2) Court or tribunal may examine record
(3) Court or tribunal may order that information be severed
(4) Precautions against disclosing identity
(5) Not applicable to section 28 proceedings
(6) Transitional
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
37.1 (1) Review of Act every five years
(2) Tabling report in Assembly
38 C.C.S.M. reference
39 (1) Coming into force
(2) Coming into force: section 37