On June 13, 2019, the Québec Ombudsman released a special report on the numerous violations by the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation (MAPAQ) in applying the Act to facilitate the disclosure of wrongdoings relating to public bodies. It dealt with deficiencies concerning the internal process for handling disclosures.
In 2017, MAPAQ’s disclosure officer received a disclosure from a MAPAQ employee. The investigation by the Québec Ombudsman showed that MAPAQ had not applied the Act properly. Notably, it had not taken the prescribed precautions to ensure the confidentiality of the whistleblower’s undertaking and identity.
"All bodies subject to the Act, including MAPAQ, must guarantee there are internal mechanisms for discretely handling disclosures and that they make public integrity central. It is crucial that citizens trust that whistleblowers are supported."
– Ombudsperson Marie Rinfret
According to the Québec Ombudsman, these violations undermine the confidence that such a mechanism must inspire. Whistleblowers can approach the Québec Ombudsman or the disclosure officer within their organization. Whistleblowers must therefore be able to trust both these bodies.
As a result, the Québec Ombudsman recommended that MAPAQ:
- establish an action plan to correct the failings exposed in the report.
It also recommended that the Secrétariat du Conseil du trésor:
- review the role and legislative framework for disclosure officers so that whistleblowers are provided adequate support. The legal framework must also ensure complete confidentiality and the handling of disclosures without conflicts of loyalty.
In order to read the full speech of Québec Ombudsperson Marie Rinfret (in french only): click here.
Source: Protecteur du Citoyen du Québec, Canada