Until recently, employees who, as whistleblowers, denounced their employer to the authorities on grounds that the employer had breached a law or a regulation, were liable to disciplinary measures or termination by their employer for their lack of loyalty or for breach of trust.
Amendments to the Canadian Criminal Code, which took effect on September 15, 2004, however, now make it illegal for an employer, or a person acting on his behalf, to take or threaten to take any sanctions or reprisals against an employee who provides information to authorities concerning an offence that is (or that the employee thinks is) being committed by the employer contrary to any federal or provincial act or regulation.
Employers found guilty of this offence are liable to imprisonment for a term not exceeding five (5) years.
Section 122 of the Labour Standards Act also provides protection in the case where an employee is dismissed, suspended, transferred, or is a victim of discrimination or reprisals, more particularly on the ground of a disclosure by an employee of a wrongdoing within the meaning of the Anti-Corruption Act or on the ground of a communication by an employee to the inspector general of Ville de Montréal or the employee's cooperation in an investigation conducted by the inspector general under Division VI.0.1 of Chapter II of the Charter of Ville de Montréal.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
