Ethics committee calls for stronger whistleblower law
Alberta MLAs want the province’s whistleblower legislation to be expanded to protect more publicsector workers and strengthen the powers of the public interest commissioner.
However, the legislature’s special select committee on ethics and accountability rejected calls for the legislation to be extended to cover the private sector.
The all-party committee released its final report Wednesday, with 21 recommendations for amendments to the Public Interest Disclosure (Whistleblower Protection) Act, legislation enacted in 2013 to provide a safeguard for public employees who raise issues of wrongdoing.
Public interest commissioner Peter Hourihan, who is responsible for investigations under the act, said the biggest change recommended by the MLAs would see the law expanded to include government contractors and designated service providers.
“It was a concern, the notion that these weren’t included. Long-term care homes, for example ... anything that happens there would be nonjurisdictional,” said Hourihan, who cited highway construction and maintenance companies as another area that could now be covered.
“If they ultimately approve it, I think that would be a good thing.”
The MLAs also want the legislation clarified to ensure that employees of MLAs and cabinet ministers are protected by law.
But they did not move on what Hourihan said would be “a hugely significant expansion” to cover private businesses under the legislation, despite calls from a number of labour and advocacy groups.
“The committee expressed the view that this proposal was too far-reaching and goes beyond the intended scope of the act,” says the report.
Another proposal by the committee would allow all government employees to go directly to the public interest commissioner to make a disclosure of wrongdoing, rather than having to first go to their department’s designated officer.
It also wants it to be made clear that government bodies are required to provide information to the public interest commissioner in the course of his investigations.
The report also calls for stronger provisions to protect the confidentiality of government employees who come forward, as well as restitution for whistleblowers who have suffered reprisals because of their actions.
Under the committee’s recommendation, the province’s labour relations board would determine compensation.
Christina Gray, the NDP government’s minister responsible for democratic renewal, said she couldn’t comment on the report’s recommendations but they will be looked at closely before determining whether amendments to the legislation are introduced in the fall sitting of the legislature.
The whistleblower law was only one piece of legislation the ethics and accountability committee was tasked to review last year.
But the committee was unable to get to the Election Act and Conflict of Interest Act.
And there have been fierce fights on the committee between government and opposition members over election financing rules.
The panel has asked for its mandate, which expired Wednesday, to be extended by the legislature to complete its work.
My part is to make sure Alberta’s election and finance rules are modernized...
However, Gray did not rule out introducing legislation this fall that would bring forward NDP-backed changes to election financing laws, which include subsidies for party election expenses, a $4,000 limit to political donations and a $2.1-million spending cap on campaigns.
“My part is to make sure Alberta’s election and finance rules are modernized and that’s something I and our government are committed to. In the weeks ahead, I’ll be ... making decisions as to what the next steps should be,” she said.