Who can make a disclosure?
Have you witnessed a wrongdoing at work or relating to a public body subject to the Act to facilitate the disclosure of wrongdoings relating to a public body? Are you allowed to disclose it?
YES, anyone can make a disclosure, whether:
- a member of the personnel of the public body where the wrongdoing occurred;
- a member of the personnel of a supplier or a subcontractor of the public body concerned;
- anyone else who knows about a wrongdoing (client, external consultant, citizen, student or parent in the case of an educational institution, etc.).
Loyalty and restricted communication of information
Are you reluctant to make a disclosure because you feel it is your duty to be loyal to your employer? You are afraid that you will be forsaking your duty if you report what you know? You wonder about the issue of professional secrecy? You fear reprisal?
The Act to facilitate the disclosure of wrongdoings relating to public bodies provides for measures to protect whistleblowers and authorizes them to disclose information that they would not be allowed to disclose otherwise.
You can tell us what you know without being afraid that you are being disloyal to your employer or that you have disclosed information despite your obligation of confidentiality or professional secrecy.
Note however that the exemption from professional secrecy does not apply to attorney-client or notary-client privilege.
Protection against reprisal
It is prohibited to seek reprisal against a person who made a disclosure in good faith or who cooperated in an investigation stemming from a disclosure. The Act contains penal provisions for perpetrators of reprisal.