Requesting an exemption

Under the Act to facilitate the disclosure of wrongdoings relating to public bodies, all the public bodies subject to the Act must:

appoint an officer responsible for dealing with disclosures;
establish a procedure for facilitating the disclosure of wrongdoings (PDF, 300 KB, In French).

Under certain conditions, the Québec Ombudsman may exempt public bodies from these obligations if they request it.

Grounds for an exemption

The Québec Ombudsman may exempt a public body from appointing a disclosure officer or from having a disclosure procedure. Reasons for an exemption include the public body's small size or limited resources.

Exempted organizations must inform their staff that they can contact the Québec Ombudsman to disclose wrongdoing.

The public body’s size

The Québec Ombudsman automatically grants an exemption to public bodies with fewer than 50 employees. However, the public body must request the exemption. Public bodies with more than 50 employees that want to be exempted must base their request on other factors.

The public body's resources

To be exempted, a public body must show that its resources are too limited to comply.

Examples of factors that the Québec Ombudsman takes into account in granting an exemption

The estimated cost of establishing a disclosure procedure and of the activities of the disclosure officer.
The availability of employees with the qualities needed for being a disclosure officer.
The availability of adequate space for the tasks of the disclosure officer.
The availability of resources for ensuring the confidentiality of communications and of the disclosure officer’s files.

Situational challenges

Certain circumstances may temporarily affect a public body's ability to comply with the Act.

Examples

The public body has just been created or merged and is uncertain regarding the organization of work or the organizational structure.
The public body has an acting director or the position is vacant and is therefore under excessive strain.