Fifth Session, Thirty-Eighth Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading. It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.
Bill 34
THE PUBLIC INTEREST DISCLOSURE (WHISTLEBLOWER PROTECTION) ACT
| Section | Table of Contents |
| 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 | |
| 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 |