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ARTICLE · 31 MAY 2016

Securities Act Will Soon Include Whistleblower Protections

Employees in Ontario can soon expect to be protected from anti-retaliatory measures in connection with whistleblowing activities.

CanadaCorporate/Commercial Law

Employees in Ontario can soon expect to be protected from anti-retaliatory measures in connection with whistleblowing activities. As part of the Ontario Budget Measures Bill 173,which received royal assent on April 19, 2016, the Ontario government has approved amendments to the Securities Act (Ontario) (OSA) that are intended to implement protection for reprisals against employees who provide information about a possible contravention of Ontario securities law, or a by-law or other regulatory instrument of a recognized self-regulatory organization (SRO), or who are involved in an investigation or proceeding related to the information provided.

Prohibition on reprisals

More specifically, the new provisions prohibit persons or companies from taking a reprisal against an employee who has sought advice about providing information, expressed an intention to provide information or provided information to the person or company, the Ontario Securities Commission (OSC), a

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