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ARTICLE · 12 MAY 2005

New Criminal Code Provisions Provide Whistleblower Protection to Employees

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The federal government has recently introduced amendments to the Canadian Criminal Code that consider it a criminal offence for employers to make employment-related threats, such as job loss or demotion, or take retaliatory actions against employees who provide information about unlawful acts to law enforcement authorities.

CanadaEmployment and HR
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By Brian D. Portas (Calgary)

Originally published Winter 2005

The federal government has recently introduced amendments to the Canadian Criminal Code that consider it a criminal offence for employers to make employment-related threats, such as job loss or demotion, or take retaliatory actions against employees who provide information about unlawful acts to law enforcement authorities. These new "whistleblower protection" provisions were proclaimed in force on September 15, 2004. Any one who contravenes these provisions is subject to a maximum penalty of five years imprisonment.

Section 6 of An Act to Amend the Criminal Code (capital markets fraud and evidence-gathering), S.C. 2004, c. 3 (Bill C-13) adds a new section 425.1 to the Criminal Code. Section 425.1 provides:

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