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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| (2) and (3) | Repealed | |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 | |