Recent Amendments to The Public Interest Disclosure (Whistleblower Protection) Act

The Public Interest Disclosure (Whistleblower Protection) Act (PIDA) has been amended. The changes facilitate the disclosure and investigation of serious wrongdoing within public-sector entities and protect employees who report it.

The Manitoba government passed legislation (in effect December 1, 2018) to strengthen the province's ethical framework and enable municipalities to opt in by council resolution.  The legislation also extends protections to school divisions and districts, and enhances the investigative powers of the Manitoba Ombudsman.

The legislative changes were developed in consultation with the Office of the Auditor General and the Manitoba Ombudsman. Key changes include:

• extending protections under PIDA to school divisions and districts, and their employees
  
• adding municipalities by regulation
  
• authorizing the Manitoba Ombudsman to receive and investigate reprisal complaints, and make recommendations to address acts or threats of reprisal
  
• authorizing the Manitoba Ombudsman to request, review, and provide recommendations concerning the disclosure procedures of a public body
  
• clarifying which disclosures are to be investigated by a designated officer of a public body and which by the ombudsman, and strengthening the investigatory powers of designated officers
  
• requiring that an investigator take steps to protect the identity and procedural rights of all people involved in the investigation
• require a supervisor who receives a disclosure to promptly refer the matter to the designated officer
  
• strengthening protection for whistleblowers, by prohibiting disclosure of the whistleblower's identity in a civil court proceeding or a proceeding of an administrative tribunal
  
• ensuring a review of The Public Interest Disclosure (Whistleblower Protection) Act is conducted every five years.
• requiring  chief executives of public bodies to communicate about PIDA to employees on an annual basis

Please note that prior to the legislative amendments, the only avenue for whistleblowers to address acts of reprisal under PIDA was by filing a written complaint with the Manitoba Labour Board.

As noted, the amendments to PIDA enhance the powers of the Manitoba Ombudsman to receive and investigate reprisal complaints and to make recommendations to address acts or threats of reprisal. All reprisal complaints must now be made in writing to the Manitoba Ombudsman.

The Manitoba Labour Board still has a role to play in protecting employees from reprisal.  An employee or former employee of a public body under PIDA may file a further complaint about an alleged reprisal with the Labour Board if they are not satisfied with the outcome of the Ombudsman's process. The Labour Board must treat further complaints as new, and cannot review the investigation, decision or recommendations of the Manitoba Ombudsman or the Auditor General.

The Public Interest Disclosure (Whistleblower Protection) Act

Regulations (pdf)

PIDA Procedures (pdf)

Disclosure of Wrongdoing Form (pdf)

Disclosure of Wrongdoing Form - Fillable (pdf)

List of Designated Officers (pdf)

Disclosure Statistics (pdf)