1989 BILL 251 Fetnth Session, a4^Legislature, 38 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 251 'WHISTLE BLOWER'S" PROTECTION ACT MR. MCINNIS First Reading Second Reading Committee of die Whole Third Reading Royal Assent

Bill 251 Mr. Mclnnis BILL 251 1989 "WHISTLE BLOWER'S" PROTECTION ACT (Assented to , 1989) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as foUows: 1 The purpose of this Act is to protect persons who report pollution violations, complain to the Ombudsman, or who contact Members of the Legislative Assembly. 2

(1) The Legislative Assembly Act is amended by this section.

(2) Section 10(2) is amended by adding the following after clause (b): (b.

l) penalizing, disciplining, dismissing, coercing, intimidating, attempting to; coerce or intimidate any person by reason of the person contacting or attempting to contact a Member. 5

(1) The Ombudsman Act is amended by this section.

(2) Section 13 is amended by adding the following at the end of it.

(3) No person shall dismiss, discipline, penalize, coerce, intimidate, attempt to coerce or attempt to intimidate any complainant because the complainant has written to or otherwise contacted the Ombudsman. 4

(1) The Employment Standards Code is amended by this section.

Explanatory Notes 1 The purpose of this Act is to protect persons who report pollution violations, complain to the Ombudsman, or who contact Members of the Legislative Assembly. 2 This

section wiU amend

chapter 1-10.1 of the Statutes of Alberta, 1983. 3 This

section wUl amend

chapter 0-7 of the Revised Statutes of Alberta, 1980. 4 This

section wiU amend

chapter E 10.2 of die Statutes of Alberta, 1988. Adds a new

section dealing with the protection of workers who comply with the law or who refuse to act in violation of the law.

(2) The following is added after

section 116. 116.1

(1) No employer shaU dismiss, discipUne, penalize, coerce or intimidate or attempt to coerce or intimidate an employee (

a) because the employee has complied or may comply widi any law, including, but not limited to any provision of or regulation under or any order, certificate, Ucence, permit, or dUection pursuant to: (i) (ii) (iii) (iv) (V) (vi) Area: (vU) (vU) (vUi) (ix) (X) (xi) (xii) (xUi) Act (xiv) (XV) (xvi) (xvU; Hazardous Chemicals Act Oil and Gas Conservation Act Oil Sands Conservation Act Public Healdi Act Special Waste Management Corporation Act WUdemess Areas, Ecological Reserves and Natural s Act Clean Air Act Clean Water Act Water Resources Act Ombudsman Act Legislative Assembly Act Forests Act Forest and Prairie Protection Act Land Surface Conservation and Reclamation Mines and Minerals Act Energy Resources Conservation Act Public UtiUties Board Act ) Wildlife Act (

b) because the employee has sought or may seek the enforcement thereof or has given or may give information to the Department of Environment or the appropriate ministry or a Provincial officer or because the worker has been or may be called upon to testify in a proceeding related thereto. (

c) because the employee refuses to do work or operate or cause to be operated any tool, appUance equipment, machinery or process, when the employee has reasonable cause to believe that in doing so the employee would be participating in a violation of those Acts, regulations and

odier items set forth in

section 4.

(2) In a case described in subsection (l)(c), (

a) die employee who refuses to carry out work shaU forthwitii report die cu-cumstances of the poUution violation to his or her supervisor or employer; (

b) the supervisor or employer shall forthwitii investigate the matter and ensure tiiat any poUution violation is remedied widiout delay or, altematively, if in die opmion of the supervisor or employer the report is not valid he or she shaU so mform the person who made the report; (

c) when die procedure under clause (

b) does not resolve the matter, the supervisor or employer shall investigate the matter in the presence of the employee who made the report and in the presence of (

i) an employee representative of the health and safety committee, (

U) a worker selected by a trade union representing the employee, or (Ui) when there is no health and safety committee or the employee is not represented by a trade union, any reasonably avaUable worker selected by the employee; (

d) when the investigation under paragraph (

c) does not resolve the matter, the employee may forthwith notify the Minister of Environment who shaU appoint a person to investigate the matter without undue delay and the Minister shaU thereafter issue whatever order he deems necessary;

(3) Loss of pay shall be considered discipline action under this Act and no employee shaU lose pay for acting m compUance with

an Act or a regulation or an order made by an officer of the Department of Environment, however, temporary assignment to altemative work is not deemed to constitute discipUne.

(4) An employee complaining of a contravention of this

section or whose complaint has not been satisfactorily resolved

pursuant to subsection (2) may forthwith notify an employment standards officer who shaU investigate the matter without undue delay and issue whatever order the officer deems necessary.

(5) An officer who is authorized to inquire into the complaint shaU make die inquiry forthwitii and shaU endeavour to effect a settlement of the matter complained of and shaU report the results of the inquuy and endeavours to the parties affected.

(6) An officer who mvestigates a complaint may request that an employee of the Department of Environment participate in the investigation.

(7) An officer who is unable to effect a settlement of die matter complamed of may issue an order which has die status and meaning of an order of the Employment Standards Code. Title: 1989 (22nd, 1st) Bill 251, "Whistle Blower's" Protection Act