Protection against reprisal

The Act to facilitate the disclosure of wrongdoings relating to public bodies prohibits reprisal or threats of reprisal. There are fines for anyone who violates this prohibition and is found guilty.

Reprisal is an offence. Anyone found guilty is liable to a fine ranging from $2,000 to $20,000. The fine can reach $10,000 to $250,000 for businesses. These fines are doubled for repeat offences.

Have you spoken out about a wrongdoing publicly or through the media? The Act will not protect you against reprisal, unless the situation is urgent and if certain conditions are met.

See the How am I protected? section for more details. 

After investigating, if we conclude that the person has indeed suffered reprisal, we recommend corrective action. We contact the highest-ranking administrative official within the public body concerned. If the circumstances warrant it, we contact the minister responsible for the public body.

When we investigate what might be an infraction and we feel that the evidence is sufficient, we forward the file to the Director of Criminal and Penal Prosecutions, which determines whether there are grounds for prosecution.

Anyone found guilty of an infraction is liable to a fine ranging from $2,000 to $20,000. The fine 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.

After making a disclosure, did you suffer work-related reprisal (dismissal, demotion, suspension or transfer)? Contact the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) as soon as you can. You have to act within 45 days of the reprisal.

Not sure? You can contact us and we will refer you to the right place.

• Any harmful action against a whistleblower who made a disclosure under the Act, or against someone who cooperated in an audit or investigation. Harmful action or harmful omission can be economic, physical, social or disciplinary.
• Threats or bullying to prevent someone from making a disclosure or cooperating in an investigation.   

Have you suffered reprisal? You can file a complaint with the Québec Ombudsman.