Since November 30, 2024, the Protecteur du citoyen has been a clearinghouse for public integrity reporting in Québec. The internal mechanism for handling disclosures in government departments and agencies no longer exists.
The Protecteur du citoyen is the recourse for:
- Your disclosure if you witness wrongdoing committed within a Québec public body. This includes misuse of public funds or property, gross mismanagement and abuse of authority. If the facts you speak out against don’t fall within our jurisdiction, we’ll refer you to the appropriate resources.
- Your complaint if you suffer reprisal or threats of reprisal following a disclosure made to the Protecteur du citoyen or the Commission municipale du Québec. This also applies if you suffer retaliation after making a disclosure to a person (colleague, manager, etc.) within the public body where you work.
Greater protection against reprisal
The Protecteur du citoyen has new powers around reprisals. It can:
- Offer the parties a free mediation service which, with their agreement, enables them to reach a settlement quickly;
- Represent the person claiming to be a victim of reprisal if there is no mediation or it fails and the case goes to court.
The Protecteur du citoyen now replaces the CNESST in handling reprisal complaints following disclosure in the workplace. Examples: suspension, dismissal, demotion or reassignment, reduction in working hours, overtime refusal or increase, etc.
The law protects you
When you make a disclosure or cooperate in an investigation stemming from one, note that two laws protect you.
1. Confidentiality and identity
(Act to facilitate the disclosure of wrongdoings relating to public bodies)
- Your identity is protected. We won’t disclose it to the staff of the organization concerned.
- All information submitted will be treated in the strictest confidence.
- You may provide the Protecteur du citoyen with any information that shouldn’t otherwise be disclosed because of your duty of confidentiality and loyalty. This includes lifting professional secrecy, except for the secrecy between lawyers or notaries and their clients.
2. Threats and reprisal
(Act respecting protection against reprisals related to the disclosure of wrongdoings)
It is forbidden to:
- Threaten a person with reprisal to prevent them from making a disclosure to the Protecteur du citoyen or from cooperating in an investigation;
- Retaliate against that person.
3. Penalties for reprisal
- Interfering with a Protecteur du citoyen investigation or retaliating against a person involved in the investigation is an offence punishable by a heavy fine.
- The penalty can be as high as $30,000 for an individual and $250,000 for a company (doubling in the event of a repeat offence).
Any questions?
Want to make a disclosure, but aren't sure whether you witnessed any wrongdoing? Are you wondering whether what happened to you is really reprisal?
Consult the Whistleblowers and the Frequently Asked Questions sections on our website or contact us. We'll guide you through the process free of charge or refer you to the right form of recourse if necessary.
Also see: Integrity of government departments and public agencies: what's a wrongdoing?
