Improvements to the Competition Act...Whistleblowing

March 18, 1999

New provisions protect the identity of employees who blow the whistle in relation to criminal offences Changes in the Competition Act protect the identity of persons who report criminal offences under the Act to the Competition Bureau. The protection is given to individuals who ask for - and receive - the Bureau's assurance that their identities be kept confidential. The legislation provides that employers shall not retaliate against employees - including those on contract - who, acting in good faith, report what they reasonably believe constitutes a criminal offence under the Competition Act. Employers who violate these provisions could be charged under the Criminal Code.

Key Changes

Confidentiality

Under the new provisions, anyone who has reasonable grounds to believe that a criminal offence has been or may be committed under the Competition Act, may notify the Bureau and request that his or her identity be kept confidential. The Bureau shall keep confidential the identity of a person who has made such disclosure and to whom an assurance of confidentiality has been provided, unless disclosure is ordered by a court.

Protection against reprisals from employer

The legislation also provides that an employer shall not dismiss or take other adverse employment actions against an employee who, acting in good faith and on the basis of reasonable belief (a) discloses to the Bureau that an employer has committed or intends to commit a criminal offence under the Act, (b) refuses to do anything that is an offence under the Act, or (c) does anything that is required to be done in order that an offence not be committed under the Act.

An employer who violates the whistleblowing provision could be charged under section 126 of the Criminal Code which applies where another Act does not expressly provide a punishment.

Contractors protected

The definition of "employee," for the purposes of the whistleblowing provision, includes independent contractors.

Background

The new provisions give an additional assurance of confidentiality. The Competition Act contains other provisions that require the Bureau to conduct its inquiries in private, and keep it from communicating information collected in the course of an inquiry - until the matter gets to court - except to a Canadian law enforcement agency or for the purposes of the administration and enforcement of the Act. As well, individuals who want to remain anonymous can use the Bureau's 1-800 hotline:
1-800-348-5358

Guidance to businesses

The Bureau encourages businesses to put into place their own corporate compliance programs to prevent or minimize the risk of anti-competitive conduct. An effective compliance program will provide a safer environment for employees to bring suspected wrongdoing to the employer's attention. The Bureau's Bulletin on Corporate Compliance Programs outlines the components of a credible and effective program, including internal reporting procedures to encourage employees to provide information to their employers on possible violations of the Act or other related concerns.

Guidelines

The Bureau will prepare and consult on draft guidelines which will set out the process it will use for administering the whistleblowing provisions and ensuring that the identity of individuals is appropriately protected. Those draft guidelines will be made available to the public for comment, prior to finalization.

For additional information...

Please call the Bureau's Information Centre at 1-800-348-5358 or 819-997-4282.