2001 1 1 WHISTLEBLOWER PROTECTION BILL No. 203 of 2001

An Act to provide protection for certain employees (Assented to , 2001) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

Short title 1 This Act may be cited as The Whistleblower Protection Act.

Interpretation 2 In this Act: (a) “employee” means any individual who performs services for or under the control and direction of an employer for wages or other remuneration and includes applicants for employment, former employees or an authorized representative of an employee. (b) “employer” means: (

i) a government department, crown corporation, commission, agency or association; (ii) a public sector corporation, association, municipality, school board, school district or the conseil scolaire; (iii) an individual, partnership, association, corporation or group of persons who receive more than 50% of their revenue from government funding; (c) “supervisor” means any individual with an employer’s organization who has the authority to direct and control the work performance of the affected employee or who has authority to take corrective action regarding the violation of any law, rule or regulation of which the employee complains; (d) ”retaliatory action” means the discharge, suspension, demotion, harassment, blacklisting or the refusal to hire an employee, or other adverse employment action taken against an employee with respect to employee’s terms and conditions of employment, or other actions which interfere with an employee’s ability to engage in a protected activity as set out in

section 3. Protected activity 3 An employer shall not take any retaliatory action against an employee because the employee does any of the following: (

a) discloses, threatens to disclose or is about to disclose to a supervisor or to a public body, an activity, policy or practice of the employer, a co-employee or another employer, that the employee reasonably believes is in violation of a law, or a rule or regulation promulgated pursuant to law;

2001WHISTLEBLOWER PROTECTION 2 2 (

b) provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into any violation of law, or a rule or regulation promulgated pursuant to law by the employer or another employer; (

c) discloses, threatens to disclose or is about to disclose to a supervisor or to a public body, an activity, policy or practice of the employer, a co-employee or another employer, that the employee reasonably believes is incompatible with a clear mandate of public policy concerning the public health, safety or welfare or protection of the environment; (

d) assists, or participates in a proceeding to enforce the provisions of this Act; (

e) objects to, opposes or refuses to participate in any activity, policy or practice which the employee reasonably believes: (

i) is in violation of a law, or a rule or regulation promulgated pursuant to law; (ii) is fraudulent or criminal; or (iii) is incompatible with a clear mandate of public policy concerning the public health, safety or welfare or protection of the environment. Forum 4 An aggrieved employee or former employee may, within one year, institute a civil action in a court of competent jurisdiction if a violation of any provision of this Act occurs. Burden of proof 5(1) Subject to subsection (2), a violation of this Act has occurred only if the employee demonstrates, on the balance of probabilities, that any behavior described in

section 3 was a contributing factor in the retaliatory action alleged in the complaint by the employee.

(2) Relief may not be ordered under

section 6 if the employer demonstrates by clear and convincing evidence that it would have taken the same unfavorable personnel action in the absence of the employee’s behavior. Remedies 6(1) All remedies available in common law tort actions are available to an employee whose suit, claim or action brought pursuant to this Act is successful.

(2) A court may also, where appropriate, order any or all of the following: (

a) an injunction to restrain continued violation of this Act; (

b) the reinstatement of the employee to the same position held before the retaliatory action, or to an equivalent position; (

c) the reinstatement of full fringe benefits and seniority rights; (

d) the compensation for lost wages, benefits and other remuneration; (

e) the payment by the employer of reasonable costs, expert witness fee and legal fees; (

f) compensatory or exemplary damages.

2001 3 3 WHISTLEBLOWER PROTECTION Posting 7 An employer shall conspicuously display notices of its employees’ protections and obligations under this Act. Existing rights not affected 8(1) Nothing in this Act shall be deemed to diminish the rights, privileges, or remedies of any employee under any other federal or provincial Act, law or regulation or under any collective bargaining agreement or employment contract.

(2) No employee may waive through a private contract any right set out in this Act, except as set out in

section 9.

(3) No employee may be compelled to adjudicate his or her rights under this Act pursuant to a collective bargaining agreement or any other arbitration agreement. Settlement 9(1) The rights afforded employees under this Act may not be waived or modified, except through a court approved settlement agreement reached with the voluntary participation and consent of the employee and employer.

(2) An employer may not require an employee to waive, as a condition of settlement, his or her right to reasonably engage in conduct protected pursuant to

section 3 of this Act. Coming into force 10 This Act comes into force on assent.

2001WHISTLEBLOWER PROTECTION 4 4 REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2001