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ARTICLE · 05 JUNE 2014

The Limits Of "Whistleblower" Reprisal Protections Under OHSA

Whistleblower laws exist to protect employees who disclose wrongdoing within their organizations.

CanadaEmployment and HR

Whistleblower laws exist to protect employees who disclose wrongdoing within their organizations. This legislation prohibits an employer from taking any reprisal, such as discipline or termination, against an employee who blows the whistle on employer misconduct, wherever whistleblower legislation is in force.

Whistleblower legislation in Canada is more prevalent in the public sector, where employees in Ontario, Alberta, Manitoba, New Brunswick, Saskatchewan, and the federal public service are protected. In the private sector, only employees in Saskatchewan and New Brunswick are protected under those provinces' employment statutes. In addition to specific whistleblower laws, provincial occupational health and safety laws provide employees with whistleblower protection with respect to disclosing dangerous working conditions and safety concerns (for example, section 50 of the Ontario Occupational Health and Safety Act (OHSA)). The Criminal Code also provides protection

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