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S.M. 2006, c. 35
Bill 34, 5th Session, 38th Legislature
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 | Conditional amendment |
| 38 | C.C.S.M. reference |
| 39(1) | Coming into force |
| (2) | Coming into force: section 37 |