Executive Council
May 6, 2014

Supporting Employees with Principle-Based Governance

Whistleblower Legislation Protects Employees and Strengthens the Integrity of the Public Service in Newfoundland and Labrador

The Provincial Government is moving forward with key legislation to allow employees to disclose a serious and significant wrongdoing without fear or threat of reprisal. Bill 1, An Act Respecting Public Interest Disclosure, will receive second reading in the House of Assembly today.

“We are fulfilling a commitment to the people of the province by introducing whistleblower legislation for public service employees of the Government of Newfoundland and Labrador. This legislation ensures that employees who use the whistleblower legislation in good faith are protected from acts of reprisal. In addition, it will feature an independent process for receiving and investigating complaints through the Office of the Citizens’ Representative, which makes this legislation unique among the provinces.”
- The Honourable Steve Kent, Minister Responsible for the Office of Public Engagement

Under the new legislation, the Office of the Citizens’ Representative will be responsible for receiving and investigating disclosures of wrongdoing. The legislation will apply to employees within government departments, as well as those employed with government boards, corporations, authorities, and agencies, and will come in effect on July 1, 2014. The Citizens’ Representative is currently tasked with these responsibilities for the Speaker, the Clerk, and Members and employees of the House of Assembly.

Further details on the new legislation are available in the backgrounder below. To learn more about the Office of the Citizens’ Representative, visit www.citizensrep.nl.ca.

QUICK FACTS

  • The Provincial Government is moving forward with key legislation to allow employees to disclose a serious and significant wrongdoing without fear or threat of reprisal.
  • Bill 1, An Act Respecting Public Interest Disclosure, will receive second reading in the House of Assembly today.
  • The Public Interest Disclosure and Whistleblower Protection Act will apply to employees of all government departments, as well as other public bodies, such as school boards and regional health authorities.
  • The legislation will be proclaimed on July 1, 2014.
  • For information on the current role of the Office of the Citizens’ Representative please visit www.citizensrep.nl.ca.

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Media contact:
Kip Bonnell
Communications Manager
Office of Public Engagement
709-729-1221, 687-9081
kbonnell@gov.nl.ca

BACKGROUNDER
Overview of the Public Interest Disclosure and Whistleblower Protection Act

Legislation that is unique among the provinces by providing for a process which is independent through the Office of the Citizens’ Representative
Unlike other provincial jurisdictions with whistleblower legislation, this province’s Public Interest Disclosure and Whistleblower Protection Act establishes a single disclosure process which designates the Office of the Citizens’ Representative as the independent office to receive and investigate disclosures of wrongdoing. The Citizens’ Representative is an Officer of the House of Assembly and is independent of both the political process and government administration.

The legislation will apply to employees within government departments, as well as employees of government boards, corporations, authorities, and agencies
This will include, but not be limited to employees of the Regional Health Authorities; school boards; the Workplace Health, Safety & Compensation Commission; the Newfoundland and Labrador Housing Corporation; Nalcor; Newfoundland and Labrador Hydro; the Research & Development Corporation of Newfoundland and Labrador; the Public Utilities Board; the Newfoundland and Labrador Liquor Corporation; College of the North Atlantic.

Empowering the Labour Relations Board
Under the new legislation, the Labour Relations Board will be given the power to hear complaints filed by employees who believe that a reprisal or retaliation has been taken against them as a result of the disclosure process. The board can also award remedies, including reinstatement, for reprisals against whistleblowers.

The benefit of drawing on the experiences of other jurisdictions
Newfoundland and Labrador will become the seventh province (following Ontario, Manitoba, New Brunswick, Nova Scotia, Alberta, and Saskatchewan) in addition to the Federal Government to implement such legislation. The Provincial Government has carefully examined the legislation in other regions and is confident that the Public Interest Disclosure and Whistleblower Protection Act is tailored to meet the needs of this province’s public sector employees.

Public accountability measures built in
A key aspect of this legislation is the requirement for the Citizen’s Representative to table an Annual Report in the House of Assembly. This report will include the number of inquiries received; the number of disclosures received and the number acted on and not acted on; the number of investigations commenced; and, the number of recommendations the Citizens’ Representative has made and whether the department or public body has complied with the recommendations.

Legislation that reflects the importance of listening to the people of the province on issues that matter to them
The introduction of whistleblower legislation which will provide a mechanism for the disclosure of wrongdoing in the public service, and for the protection of employees who make disclosures from reprisals, is one of a number of ongoing measures taken by government to improve governance practices and openness.

2014 05 06         5:15 p.m.