.png){kind=small}
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 | |