32. Subject to the second paragraph, any person who believes a reprisal referred to in section 30 has been taken against him or her may file a complaint with the Public Protector in order to have the Public Protector examine whether the complaint is well-founded and submit any recommendations the Public Protector considers appropriate to the highest ranking administrative official within the public body concerned or, if warranted by the circumstances, to the minister responsible for the public body. However, in the case of a public body referred to in paragraph 9 of section 2, such recommendations are to be sent to the Minister of Families and, if warranted by the circumstances, to the board of directors of the public body concerned or the natural person holding the day care centre permit.
Any complaint regarding a reprisal that concerns a public body referred to in paragraph 9.1 of section 2 may be addressed, at the complainant’s choice, either to the Public Protector or to the minister responsible for municipal affairs. However, the minister responsible for municipal affairs may not examine a complaint that concerns a disclosure involving the minister and must transfer it to the Public Protector for examination. Once the examination is completed, the Public Protector or the minister must submit his or her recommendations, if any, to the highest ranking administrative official within the public body concerned and, if the Public Protector or the minister considers it appropriate, to the body’s board of directors and to any local municipality having ties with the body if the body is not a local municipality.
Sections 11 to 16 apply to the follow-up of such complaints, with the necessary modifications.
However, if the reprisal a person believes has been taken against him or her constitutes a practice prohibited by subparagraph 11 of the first paragraph of section 122 of the Act respecting labour standards (chapter N-1.1), the Public Protector or the minister responsible for municipal affairs, as applicable, refers that person to the Commission des normes, de l’équité, de la santé et de la sécurité du travail and puts an end to the examination of the complaint.
2016, c. 34, s. 32; 2018, c. 8, s. 17412.