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Bill 116, Safety and Accountability in Ontario Corrections Act, 2026

Wong-Tam, Kristyn

Stevens, Jennifer (Jennie)

Current status:

First Reading Ordered for Second Reading

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Bill 116 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Ministry of Correctional Services Act

and the Correctional Services and Reintegration Act, 2018 .

The

Ministry of Correctional Services Act is amended to

require the Minister to develop a plan to bring into force the Schedules to the

Correctional Services Transformation Act, 2018 .

Amendments

to the Correctional Services and Reintegration Act, 2018

include adding rules with respect to whistle-blowing and providing the

Inspector General with authority to compel managers of correctional services

employees to provide certain information. The amendments also permit the

Inspector General to make recommendations to the Minister with respect to

certain matters and to require the Minister to make available on a website of

the Government of Ontario information about persons who reside at residential

correctional institutions.

Bill 116 2026

Act to amend the Ministry of Correctional Services Act and the Correctional

Services and Reintegration Act, 2018

His

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Ministry of Correctional Services Act

The Ministry of Correctional

Services Act is amended by adding the following section:

Plan

re Correctional Services

Transformation Act, 2018

4.1

(1) Within six months after the day

section 1 of

the Safety and Accountability in Ontario Corrections Act,

2026 comes into force, the Minister shall develop a plan, which shall

include timelines, to bring into force the Schedules of the Correctional Services Transformation Act, 2018 .

Tabling

(2) The

Minister shall table the plan in the Legislative Assembly within 30 days after

it is developed.

Correctional Services and Reintegration Act, 2018

The Correctional Services and Reintegration Act, 2018 is

amended by adding the following sections:

Whistle-blowing

protection

Definition

35.1

(1) For the

purposes of this

section and

section 35.2,

“prescribed

official” means a person or entity prescribed for the purposes of this section.

Interpretation

(2) For

the purposes of sections 35.2 to 35.4, a person or entity is a whistle-blower

if,

(

a) the

person or entity discloses to the prescribed official, in good faith, an

alleged or intended contravention of

an Act prescribed for the purposes of this

section;

(

b) the

person or entity requests that their identity as a whistle-blower be kept

confidential; and

(

c) the

prescribed official provides the person or entity with an assurance of

confidentiality, subject to

section 35.4.

reprisals

35.2

(1) No

person or entity shall take a reprisal against a whistle-blower, whether

directly or indirectly, for making a disclosure described in clause 35.1 (2) (a),

including, without limitation, a reprisal consisting of,

(

a) terminating

or threatening to terminate the whistle-blower’s employment, contract, position

or office;

(

b) demoting,

disciplining or suspending, or threatening to demote, discipline or suspend, a

whistle-blower from their employment, position or office;

(

c) imposing

or threatening to impose a penalty, or withholding or threatening to withhold a

benefit, related to the whistle-blower’s employment, contract, position or

office;

(

d) intimidating

or coercing a whistle-blower in relation to their employment, contract,

position or office; or

(

e) otherwise

detrimentally affecting the whistle-blower by any act or failure to act,

regardless of whether the act or failure to act is related to the

whistle-blower’s employment, contract, position or office, if any.

Prohibitions

re agreements

(2) A

provision in an agreement, including a confidentiality agreement, is void to

the extent that it precludes or purports to preclude a person or entity from,

(

a) making

a disclosure described in clause 35.1 (2) (a);

(

b) co-operating

with a regulatory, civil or criminal investigation, examination or inspection

in respect of a disclosure described in clause 35.1 (2) (a);

(

c) giving

evidence in a proceeding in respect of a disclosure described in clause 35.1 (2)

(a); or

(

d) providing

information, documents or things to the prescribed official in respect of a

disclosure described in clause 35.1 (2) (a).

Actions

relating to reprisal

(3) If

a person or entity has taken a reprisal or is alleged to have taken a reprisal

against a whistle-blower in contravention of subsection (1), without limiting

the actions the whistle-blower may otherwise take, the whistle-blower may,

(

a) make

a complaint to be dealt with by final and binding settlement by arbitration

under a collective agreement or any other agreement which provides for such a

resolution; or

(

b) bring

a civil proceeding in the Superior Court of Justice.

Burden

of proof

(4) In

an arbitration or civil proceeding under subsection (3), the person or entity

that is alleged to have contravened subsection (1) has the burden of proving

that they did not take a reprisal against the whistle-blower.

Remedies

(5) The

arbitrator or court may, in addition to any other remedy, order one or more of

the following:

1. Reinstatement

of the whistle-blower to their employment, contract, position or office, with

the same seniority status that the whistle-blower would have had if the

reprisal had not been taken.

2. Payment

to the whistle-blower of two times the amount of compensation the

whistle-blower would have been paid in connection with their employment,

contract, position or office between the date of the reprisal and the date of

the order if the reprisal had not taken place, with interest.

3. Payment

to the whistle-blower of compensation, in the amount the arbitrator or court

considers just, having regard to the reprisal to which the complaint or

proceeding relates and any loss attributable to it.

Same

(6) For

the purpose of paragraph 3 of subsection (5), loss attributable to a reprisal

is deemed to include,

(

a) any

expenses reasonably incurred by the whistle-blower as a result of the reprisal;

and

(

b) the

loss of any benefit the whistle-blower might reasonably have expected to have

had if not for the reprisal.

civil liability

35.3 A whistle-blower is not

liable in any civil proceeding for making a disclosure described in clause 35.1

(2) (

a) or making a complaint or bringing a civil proceeding under subsection 35.2

(3).

Confidentiality

re whistle-blowers

35.4

(1) The prescribed

official shall keep confidential and shall not disclose the identity of a

whistle-blower or any information or record that may reasonably be expected to

reveal the identity of a whistle-blower.

Exception

(2) Despite

subsection (1), the prescribed official may disclose a whistle-blower’s

identity if,

(

a) the

whistle-blower consents to the disclosure; or

(

b) the

disclosure is made to a law enforcement agency because the prescribed official

has reasonable grounds to believe that the whistle-blower has committed an

offence under the Criminal Code (Canada) or under a

prescribed Act that is related to the whistle-blower’s disclosure under clause

35.1 (2) (a).

Confidentiality

in proceedings

(3) A

court presiding over a proceeding in respect of an offence under

section 35.6 shall

keep confidential and shall not disclose the identity of a whistle-blower or

any information that may reasonably be expected to reveal the identity of a

whistle-blower unless the court determines that the disclosure is necessary to

show that a person did not commit the offence with which they are charged.

Protection

against further disclosure

(4) A

person or entity to whom the identity of a whistle-blower, or any information

that may reasonably be expected to reveal the identity of a whistle-blower, has

been disclosed shall not disclose the identity or the information to any other

person or entity.

Compellable witness

(5) Despite

anything else in this

section and subject to written approval by the prescribed

official, a whistle-blower is a compellable witness.

Protection

against examination re identity, etc.

(6) No

witness in a proceeding under a prescribed Act may be examined respecting the

witness’s knowledge or belief about the existence or identity of a

whistle-blower.

Examinations, investigations and inquiries

35.5 The prescribed official

or a person designated by the prescribed official may conduct examinations or

investigations and make inquiries for the purpose of enforcing subsection 35.2

(1) and any such examinations or investigations shall be done in accordance

with the regulations.

Offence

— reprisal

35.6

(1) A person

who contravenes subsection 35.2 (1) is guilty of an offence.

Penalty

(2) Every

individual convicted of an offence under subsection (1) is liable to a fine of

the prescribed amount.

Limitation

(3) No

proceeding under this

section shall be commenced more than two years after the

day the prescribed official became aware of the facts upon which the proceeding

is based.

Section 124 of the Act is amended by adding the following subsections:

Inspector

General’s power to compel information from managers

(4) The

Inspector General may request or compel managers of correctional services

employees to provide information with respect to,

(

a) how

correctional institution management responds to requests made by correctional

services employees for,

(

i) funding

for correctional services employees to access the services of mental health and

medical professionals,

(ii) measures

to improve correctional services employee recruitment, retention and

compensation, and

(iii) funding

for supplies, equipment, medical supplies, training and food which correctional

services employees believe are necessary for improving safety at correctional

institutions; and

(

b) work

culture at the correctional institution, including information with respect to,

(

i) how

correctional institution management manages safety, threats and de-escalation,

(ii) procedures

for reporting, documenting and addressing safety incidents and issues at the

institution,

(iii) discipline

of correctional services employees by correctional institution management,

(iv) staffing

levels and workload levels for correctional services employees,

(

v) supports

available to correctional services employees for health, wellness and injury

issues,

(vi) training

and professional standards for correctional services employees,

(vii) procedures

for reporting, documenting and addressing harassment, racism and discriminatory

treatment of correctional services employees by correctional institution

management, and

(viii) how

correctional institution management responds when correctional services

employees report issues to them.

Inspector

General’s power to compel information from members of the Executive Council

(5) The

Inspector General may request or compel the Minister, the President of the

Treasury Board, the Minister of Finance and such other members of the Executive

Council as may be prescribed to provide information about how they and their staff

respond to communications with respect to improving safety at correctional

institutions from persons employed in the administration of this Act.

The Act is amended by adding the following sections:

Inspector

General recommendations

127.1

(1) The

Inspector General may make recommendations to the Minister with respect to,

(

a) funding

for supplies, equipment, medical supplies, training and food which the Inspector

General believes are necessary for improving safety at correctional

institutions;

(

b) staff

resourcing at correctional institutions;

(

c) mental

health and well-being of correctional services employees;

(

d) improving

communications between ministries with respect to services and conditions at

correctional institutions;

(

e) standards

of care and rules of procedures to be implemented at correctional institutions;

and

(

f) such

other matters as the Inspector General considers relevant with respect to

correctional institutions.

Tabling

(2) Within

three months of receiving recommendations under subsection (1), the Minister

shall table a

summary of such recommendations in the Legislative Assembly.

Information

re numbers at residential correctional institutions

127.2 The Inspector General

may require the Ministry to make available, on a website of the Government of

Ontario that is available to the public, information about the numbers of

persons who reside at a residential correctional institution and may require

that the information be updated at least every two months.

5 Subsection 156 (1) of the Act is amended by

adding the following paragraph:

12.1 establishing

and governing the rules and procedures, including rules and procedures with

respect to witnesses, that govern examinations and investigations for the

purposes of

section 35.5;

Commencement and Short

Title

Commencement

(1) Except as otherwise provided in this section, this Act comes

into force on a day to be named by order of the Lieutenant Governor in Council.

(2) Section

1 comes into force on the day this Act receives Royal Assent.

Short

title

The

short title of this Act is the Safety and

Accountability in Ontario Corrections Act, 2026 .

Date Bill stage Event Outcome Committee

May 7, 2026

First Reading

Ordered for Second Reading

May 7, 2026

First Reading

Vote

Carried

First Reading

May 7, 2026

Carried

Ordered for Second Reading