Whistleblower Protection in Ontario
Reporting unsafe, unlawful, or unethical workplace activities can be daunting, especially if you fear retaliation. Yet whistleblowing plays a critical role in ensuring accountability, safety, and integrity across Ontario workplaces.
If you are a whistleblower in Ontario, you may be entitled to legal protections designed to shield you from reprisals. These protections vary depending on your industry, the nature of your disclosure, and whether you work in the public or private sector.
This article breaks down Ontario’s whistleblower protection laws, why employers should have a whistleblowing policy, and how both employees and employers can respond effectively to whistleblowing situations.
What Is Whistleblowing?
A whistleblower is an employee, or sometimes a contractor or other workplace participant who reports wrongdoing, such as:
- Health and safety violations reported to the Ministry of Labour
- Financial misconduct disclosed to regulators
- Discrimination or harassment brought to the human rights authorities
- Criminal activity reported to police
Whistleblowing may be done internally, through an employer’s reporting process, or externally to a regulator or law enforcement agency.
In Ontario, whistleblowing laws aim to encourage employees to come forward without fear of workplace retaliation.
Ontario Laws Protecting Whistleblowers
Ontario’s whistleblowing laws are spread across multiple statutes, with protections tailored to different circumstances:
- Public Service of Ontario Act (PSA) – Safeguards public sector employees who disclose misconduct in good faith.
- Occupational Health and Safety Act (OHSA) – Prohibits employers from penalizing workers who raise health and safety concerns, including reports to the Ministry of Labour.
- Ontario Securities Commission (OSC) Whistleblower Program – Enables individuals to report securities violations anonymously and offers financial awards of up to $5 million for actionable tips.
- Securities Act and Commodity Futures Act – Extends protections to employees reporting securities-related misconduct, even if they are not shareholders.
- Criminal Code of Canada – Makes it an offence to retaliate against someone who reports criminal activity or statutory violations.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Whistleblower protections are there to encourage integrity and transparency but both employees and employers need to understand how they work in practice. The right legal guidance can help protect careers, reputations, and workplaces.”
Case Spotlight
Mulligan v. Ontario Civilian Police Commission, 2020 ONSC 2031
In this case, the Ontario Superior Court reviewed allegations of whistleblower retaliation after a public servant raised concerns about conduct within a police commission. The Court emphasized the importance of good-faith reporting, adherence to statutory procedures, and the need for credible, substantiated allegations. This decision serves as a reminder that while protections exist, they are not unlimited.
Why Employers Need a Whistleblowing Policy
For employers, a well-designed whistleblowing policy is more than just a compliance measure. It is a key tool for fostering transparency and mitigating legal risk.
An effective whistleblower policy in Ontario should:
- Encourage Internal Reporting – Provide clear, confidential ways for employees to report concerns before involving regulators.
- Protect Confidentiality – Offer anonymous reporting options to build trust and reduce fears of retaliation.
- Establish Clear Procedures – Outline how reports are received, investigated, and resolved.
- Demonstrate Due Diligence – Show regulators and courts that issues are taken seriously and addressed promptly.
Achkar Law assists Ontario employers in developing policies that comply with whistleblower laws and promote a safe reporting environment.
Whistleblower FAQs
No. Ontario whistleblowing laws prohibit retaliation against whistleblowers, though proving retaliation may require legal action.
Yes, depending on the misconduct reported and applicable legislation, private sector employees may be protected.
It depends. Internal reporting may resolve issues quickly, but serious or urgent misconduct may warrant external reporting.
Yes, programs such as the OSC Whistleblower Program allow anonymous reporting, though this may limit communication.
We help employers implement strong policies, train staff, and investigate concerns to reduce the risk of retaliation claims.
What Employees Should Do Before Blowing the Whistle
If you are considering reporting misconduct, it’s important to:
- Know Your Rights – Whistleblower protection Ontario laws vary by industry and type of misconduct.
- Document Evidence – Keep dated records of incidents and communications.
- Follow Proper Channels – Use internal reporting systems where safe and appropriate, unless immediate danger exists.
- Seek Legal Guidance – An employment lawyer can help you understand your rights and risks before you act.
How Achkar Law Can Help
At Achkar Law, we support both whistleblowers and employers in Ontario with:
- Legal representation in whistleblower retaliation claims
Guidance for safe and lawful whistleblowing
Drafting and reviewing whistleblowing policies for compliance
Training managers and HR teams on whistleblower obligations
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©