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ARTICLE · 01 APRIL 2016

Commentary On Controversy Over Financial Rewards For Whistleblowers

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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​Recent decisions by financial-sector regulators raise a significant question for Canadian investors and markets: Is there value in offering rewards to encourage whistleblowers to step forward?

CanadaCriminal Law

Recent decisions by financial-sector regulators raise a significant question for Canadian investors and markets: Is there value in offering rewards to encourage whistleblowers to step forward?

Both the Ontario Securities Commission (OSC) and the Autorité des marchés financiers (AMF) looked at the same evidence — primarily the whistleblower reward programs in the United States — and reached opposite conclusions.

OSC saw the significant assistance that whistleblowers in the U.S. have provided to expose and stop corporate wrongdoing, and decided to offer monetary rewards as the U.S. programs do, recognizing that blowing the whistle can cost people their livelihoods and that rewards are essential to a successful whistleblower program. This is particularly true for attracting high-level insiders with detailed information about corporate fraud.

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