The Protecteur du citoyen introduces measures to better protect whistleblowers in Québec public services

QUÉBEC CITY, Dec. 2, 2024 /CNW/ - The coming into force of Québec's public integrity legislation on November 30, 2024, will help protect whistleblowers from reprisal and foster a culture of public integrity in Québec.

"The creation of a public integrity reporting centre at the Protecteur du citoyen will encourage the public and government employees to report any wrongdoing or serious abuse in public services. They can count on a confidential and user-friendly mechanism for handling their disclosures," said Ombudsperson Marc-André Dowd.

The Act to enact the Act respecting protection against reprisals related to the disclosure of wrongdoings and to amend other legislative provisions introduces the position of person in charge of ethics and integrity (RGEI) in all Québec public bodies, replacing the position of officer responsible for dealing with disclosures. RGEIs will not deal with disclosures of wrongdoing. Their role will be to support their colleagues in matters of ethics and public integrity, in particular by referring them to the Protecteur du citoyen if they wish to make a disclosure. The RGEIs will be required to forward all disclosures and reprisal complaints to the Protecteur du citoyen.

Working for the integrity of public services

Wrongdoing in a government department or agency can take many forms, such as misuse of public funds or assets, or gross mismanagement, including abuse of authority. Anyone who witnesses such wrongdoing can make a disclosure by phone [phone]) or by using a secure form available on the Protecteur du citoyen website.

In strictest confidence

Any disclosure or reprisal complaint is treated confidentially. The necessary measures are taken to protect the identity of the whistleblower or of the witnesses involved in the investigation. Their identity is not disclosed to the staff of the organization against which the allegations are made. Anyone who contacts the Protecteur du citoyen need not fear being identified as a whistleblower publicly or within the organization.

Greater protection in the event of reprisal

The Protecteur du citoyen has new powers in matters of reprisal. It can offer a mediation service by which, with the parties' consent, a mediator can be appointed to attempt to settle the complaint to the parties' mutual satisfaction. The Protecteur can also represent a person who claims to be a victim of reprisal if there is no mediation or if it fails and the case goes to court. Under the Act, it is prohibited to threaten to seek retaliation or to get even with a person in order to prevent them from making a disclosure or cooperating in an investigation into a disclosure.

Another major addition is that the Protecteur du citoyen will take sustained action to prevent wrongdoing and reprisal. "The legislative changes now allow the Protecteur du citoyen to provide upstream support to public agencies, in collaboration with the RGEI, on risky or deteriorating situations in the workplace. This preventive role will help foster a culture of public integrity within Québec's public services," Mr. Dowd explained.

Key facts

The purpose of the Act to facilitate the disclosure of wrongdoings relating to public bodies is to:

• Facilitate the disclosure, in the public interest, of wrongdoing committed or about to be committed regarding a public body;
• Entrust the Protecteur du citoyen with receiving and processing disclosures;  
• Prevent, stop and avoid the recurrence of wrongdoing;
• Prevent any reprisal or risk of reprisal related to a disclosure;
• Mandate the Protecteur du citoyen to raise public awareness of the possibility of disclosing wrongdoing.    

The purpose of the protection against reprisals act is to:

• Entrust the Protecteur du citoyen with handling reprisal complaints related to the disclosure of wrongdoing, including mediation and representation for exercising any appropriate recourse;
• Mandate the Protecteur du citoyen to inform the public about protection against reprisal. 

Acting impartially and independently, the Protecteur du citoyen ensures that people's rights are respected in these citizens' dealings with public services. By investigating allegations of serious abuse and promoting public integrity, it carries out its mission to ensure that citizens receive the quality services they need via sound and transparent government. For more information, please see the Whistleblowers section of the website.

SOURCE Protecteur du citoyen

Information: Carole-Anne Huot, person in charge of media relations, Phone: [phone]/Cell: [phone]/Email: [email protected]