Protection against reprisal

  • Any harmful measure, including adverse effects to employment or working conditions, against someone who made a disclosure related to a public body. It may also apply to people who have cooperated in an audit or investigation following a disclosure. The damage may be economic, physical, psychological, social, disciplinary or material.
  • Threats, pressure or bullying to prevent a person from making a disclosure or cooperating with an audit or investigation.

For examples of reprisals, see What is reprisal?
To find out more about protection against reprisals, see Am I always protected against reprisal?.

Any natural or legal person can be the perpetrator of reprisal, whether your employer, your manager or a co-worker. It could also be a member of another organization, whether public or private, or a member of your community, a neighbour or a fellow citizen.

For examples of reprisals, see What is reprisal?.

The Act respecting protection against reprisals related to the disclosure of wrongdoings prohibits reprisal and threats of reprisal, in particular if:

  • You have disclosed a wrongdoing;
  • You have cooperated in an audit or investigation related to a disclosure or a reprisal complaint;
  • You have advised or encouraged someone to make a disclosure or shown them how to do so;
  • You have a personal or family relationship with someone who has made a disclosure.

You are protected against reprisal if you have made a disclosure to the Protecteur du citoyen or cooperated in an investigation related to a disclosure or reprisal complaint handled by the Protecteur du citoyen.

Protection against reprisal also applies if you have made a disclosure to a person (manager, co-worker, etc.) within the public body where you work. The Act also protects you if you have made a disclosure about a municipality to the Commission municipale du Québec. The same applies if you have made a disclosure involving the Protecteur du citoyen to the National Assembly’s Ethics Commissioner.

If you disclose wrongdoing publicly or through the media, the Act will not protect you against reprisal, except in emergency situations and under certain conditions.

For more details, see How am I protected? and Disclosure in the media: am I protected?.

Your identity and the information you provide are treated in strictest confidence. The information disclosed is accessible only to persons authorized to consult it in the performance of their duties at the Protecteur du citoyen.

However, the purpose of your complaint is to repair the damage you have suffered because of reprisal.

As a result, during our investigation we will have to reveal your identity, that of the person who carried out reprisal or of certain witnesses, particularly if administrative, civil or criminal recourse has been exercised.

To find out more, contact us directly.

As soon as we receive your complaint, our reporting centre acknowledges receipt. We will phone you within 2 working days.

We examine your complaint within 10 working days to determine whether we can process it. Among other things, we check that it is indeed a reprisal or threat of reprisal. If the reprisal is not within our jurisdiction, we quickly refer you to the appropriate recourse.

If we can handle your complaint, we inform you of this and suggest a mediation process that may lead to a rapid settlement. If you agree to mediation and the person who allegedly committed reprisal agrees, mediation can take place. Mediation must occur within 30 days of the mediator being appointed.

If no settlement is reached or if mediation is refused, you have two options.

First, we offer you a free legal representation service. We can represent you in any administrative or civil proceedings we deem appropriate, including before the Tribunal administratif du travail (TAT) if your complaint is employment-related. When this happens, your complaint is transferred to the TAH without delay, if you agree.

The second option is to hold an administrative investigation within 9 months of receiving your complaint to determine whether reprisal has occurred. This investigation can only be carried out if the courts are not involved. If we find that reprisal has occurred, we make recommendations to rectify the situation.

In addition to these last options, we can also conduct a criminal investigation to determine whether there is an offence in connection with your reprisal complaint.

To find out more, see the Handling reprisal complaints page and our Service statement.

When we can handle your reprisal complaint, we offer a mediation service free of charge. The aim of mediation is to actively find a solution to the situation you are experiencing through dialogue.

Please note: before starting mediation, we must have your agreement, as well as that of the person who carried out reprisal.

The mediator, appointed by the Protecteur du citoyen, acts impartially, neutrally and independently and helps the parties find a solution that suits them. If the parties come to an agreement, a settlement agreement is signed that puts an end to the handling of your complaint.

If no settlement is reached or if mediation is refused, we contact you to present the other options available.

To find out more, see the Handling reprisal complaints page.

The measures vary according to the recourse or investigations underway.

  • If recourse is exercised before a judicial or administrative tribunal, the tribunal determines the appropriate measures in the situation at hand.
  • If we conduct an administrative investigation and conclude that the person has suffered reprisal, we recommend corrective action. We then turn to the highest authority in the public body concerned. If the circumstances warrant it, we turn to the minister responsible for the public body in question.
  • If we are investigating a possible breach of the law and consider that the evidence gathered is sufficient, we forward the case on to the Director of Criminal and Penal Prosecutions, who assesses the possibility of a criminal prosecution. Anyone found guilty of reprisal is liable to a fine of between $5,000 and $30,000. Fines can range from $15,000 to $300,000 for companies, associations and other legal entities. Fines are doubled for repeat offences. ne can reach $10,000 to $250,000 for businesses, associations or legal persons. These fines are doubled for repeat offences.

See the Handling reprisal complaints section for further information.

Any verbal or written information gathered by mediators in the course of their duties is confidential. This means that it is inadmissible as evidence before a judicial or administrative tribunal, unless the parties involved agree.

Important: in criminal matters, mediators may be obliged to disclose what has been revealed to them or what they have become aware of in the course of their duties if this information is necessary for the accused to receive a full and complete defence.

To find out more, see the Handling reprisal complaints page.

If no settlement is reached at the end of mediation, or if you refuse mediation, you have two options.

First, we offer you a free legal representation service. We can represent you in any administrative or civil proceedings we deem appropriate, including before the Tribunal administratif du travail (TAT) if your complaint is employment-related. When this happens, your complaint is transferred to the TAH without delay, if you agree.

The second option is to hold an administrative investigation within 9 months of receiving your complaint to determine whether reprisal has occurred. This investigation can only be carried out if the courts are not involved. If we find that reprisal has occurred, we make recommendations to rectify the situation.

In addition to these last options, we can also conduct a criminal investigation to determine whether there is an offence in connection with your reprisal complaint.

To find out more, see the Handling reprisal complaints page.

The Protecteur du citoyen may conduct a criminal investigation in conjunction with any other (civil or administrative) recourse exercised by the complainant. This investigation may be set in motion if, for example, we see that a person is carrying out reprisal or is obstructing or attempting to obstruct our interventive action.

This investigation may lead to a general offence report to the Director of Criminal and Penal Prosecutions (DPCP). The DPCP may issue a statement of offence and initiate criminal proceedings. Convicted offenders are liable to a fine of between $5,000 and $30,000. For companies, the fine can range from $15,000 to $300,000. Fines are doubled in the event of a repeat offence.

To find out more, see the Handling reprisal complaints page.