D-11.1 - Act to facilitate the disclosure of wrongdoings relating to public bodies

Section 10 Disposition versions

2018-10-19

10. A disclosure of wrongdoing is made to the Public Protector and diligently processed in accordance with the procedure the Public Protector determines. The procedure must, among other things,

(1)  provide for a written notice of receipt of the disclosed information to be sent to the person who made the disclosure, if that person’s identity is known;

(2)  specify the manner in which a disclosure is to be filed;

(3)  determine the time limits for processing a disclosure;

(4)  subject to sections 12.1 and 14, include all necessary measures to ensure that the identity of the person who makes a disclosure or cooperates in an audit or investigation conducted on the basis of a disclosure remains confidential;

(5)  include measures to protect the rights of the persons involved in a disclosure, in particular during an investigation; and

(6)  state the protection provided for by Chapter VII against reprisals and the time limit for exercising a recourse against a practice prohibited by subparagraph 11 of the first paragraph of section 122 of the Act respecting labour standards (chapter N-1.1).

For the purposes of subparagraph 3 of the first paragraph, the procedure must provide that the person who made the disclosure, if that person’s identity is known, is notified as soon as the processing of the disclosure has been completed. The Public Protector notifies the person who made the disclosure if its processing must continue beyond 60 days after the date on which it was received. The Public Protector must subsequently notify the person, every 90 days, that the processing of the disclosure is ongoing, until the Public Protector puts an end to it. The Public Protector sends such notices in writing.

The Public Protector sees to the dissemination of the procedure.

2016, c. 34, s. 10; 2018, c. 8, s. 165.

2017-05-01

10. A disclosure of wrongdoing is made to the Public Protector and diligently processed in accordance with the procedure the Public Protector determines. The procedure must, among other things,

(1)  provide for a written notice of receipt of the disclosed information to be sent to the person who made the disclosure, if that person’s identity is known;

(2)  specify the manner in which a disclosure is to be filed;

(3)  determine the time limits for processing a disclosure;

(4)  subject to section 14, include all necessary measures to ensure that the identity of the person who makes a disclosure or cooperates in an audit or investigation conducted on the basis of a disclosure remains confidential;

(5)  include measures to protect the rights of the persons involved in a disclosure, in particular during an investigation; and

(6)  state the protection provided for by Chapter VII against reprisals and the time limit for exercising a recourse against a practice prohibited by subparagraph 11 of the first paragraph of section 122 of the Act respecting labour standards (chapter N-1.1).

For the purposes of subparagraph 3 of the first paragraph, the procedure must provide that the person who made the disclosure, if that person’s identity is known, is notified as soon as the processing of the disclosure has been completed. The Public Protector notifies the person who made the disclosure if its processing must continue beyond 60 days after the date on which it was received. The Public Protector must subsequently notify the person, every 90 days, that the processing of the disclosure is ongoing, until the Public Protector puts an end to it. The Public Protector sends such notices in writing.

The Public Protector sees to the dissemination of the procedure.

2016, c. 34, s. 10.

Not in force

In force: 2017-05-01

10. A disclosure of wrongdoing is made to the Public Protector and diligently processed in accordance with the procedure the Public Protector determines. The procedure must, among other things,

(1)  provide for a written notice of receipt of the disclosed information to be sent to the person who made the disclosure, if that person’s identity is known;

(2)  specify the manner in which a disclosure is to be filed;

(3)  determine the time limits for processing a disclosure;

(4)  subject to section 14, include all necessary measures to ensure that the identity of the person who makes a disclosure or cooperates in an audit or investigation conducted on the basis of a disclosure remains confidential;

(5)  include measures to protect the rights of the persons involved in a disclosure, in particular during an investigation; and

(6)  state the protection provided for by Chapter VII against reprisals and the time limit for exercising a recourse against a practice prohibited by subparagraph 11 of the first paragraph of section 122 of the Act respecting labour standards (chapter N-1.1).

For the purposes of subparagraph 3 of the first paragraph, the procedure must provide that the person who made the disclosure, if that person’s identity is known, is notified as soon as the processing of the disclosure has been completed. The Public Protector notifies the person who made the disclosure if its processing must continue beyond 60 days after the date on which it was received. The Public Protector must subsequently notify the person, every 90 days, that the processing of the disclosure is ongoing, until the Public Protector puts an end to it. The Public Protector sends such notices in writing.

The Public Protector sees to the dissemination of the procedure.

2016, c. 34, s. 10.