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Province Introduces Proposed Legislation That Would Protect Whistleblowers from Reprisal, Prevent Disclosure of Identities

The Manitoba government would enhance the Public Interest Disclosure (Whistleblower Protection) Act by introducing proposed legislation that would strengthen identity protection for whistleblowers and procedures related to investigations, Family Services Minister Kerri Irvin-Ross, minister responsible for the Civil Service Commission, announced today.

“We want to make sure anyone who becomes aware of significant and serious wrongdoing in, or relating to the public service, feels they can disclose it to the appropriate officials without fear of reprisal,” Minister Irvin-Ross said. “The amendments we’re introducing today would also clarify the process for disclosing wrongdoing and would give greater powers to the designated officers to conduct investigations.”

Proposed amendments introduced today are based on recommendations resulting from a comprehensive review conducted by Dianna Scarth, former executive director of the Manitoba Human Rights Commission, as well as recommendations from the ombudsman.

“The proposed amendments are comprehensive and would ensure that Manitoba’s whistleblower protection legislation is among the most effective in Canada,” said Scarth.  “Changes that would offer greater protection of a whistleblower’s identity and the creation of stronger reprisal protections are important and would address concerns that were expressed during my review of the current act.”

In addition to requiring all people involved in the investigation or management of a disclosure to protect the identity of whistleblowers, protection for whistleblowers would be further strengthened by prohibiting the disclosure of the whistleblower’s identity in a civil court proceeding or a proceeding of an administrative tribunal.

These proposed changes would also enhance procedures related to investigations.  The ombudsman would be empowered to receive and investigate reprisal complaints, and take immediate action to address acts or threats of reprisal by employers.  Employees would be able to file a further complaint to the Manitoba Labour Board about the alleged reprisal if he or she is not satisfied with the outcome of the ombudsman’s process.

“Our experience with investigations under this act since 2007 led us to identify areas in the legislation that we believed could be improved,” said Manitoba Ombudsman Charlene Paquin.  “Many of these proposed amendments, particularly with respect to enhanced powers for designated officers and our ability to investigate reprisal complaints, will strengthen the legislation and increase the confidence of whistleblowers in the complaint process.”

Additional proposed changes would include clarifying the roles and investigatory powers of designated officers and the ombudsman, and requiring a review of the act every five years.

There are more than 600 public service organizations covered by the act including government departments, the independent offices of the legislature and government bodies.  The new provisions of the act would come into effect Jan. 1, 2016.

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