Bill C-266

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First Reading

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	2nd Session, 35th Parliament, 45 Elizabeth II, 1996-97
	The House of Commons of Canada
	BILL C-266
	An Act to amend the Competition Act (protection of whistle-blowers)
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. C-34; R.S., c. 27 (1st Supp.); c. 19 (2nd Supp.); c. 34 (3rd Supp.); cc. 1, 10 (4th Supp.); R.S., 1990, c. 37; 1991, cc. 45, 46, 47; 1992, cc. 1, 14; 1993, c. 34; 1995, c. 1	*1. Subsection 36(1) of the Competition Act* is amended by striking out the word ``or'' at the end of paragraph (a) and by adding the following after paragraph (a):**
	(a.1) conduct that is contrary to section 64.2, or
	2. The Act is amended by adding the following after subsection 36(1):
Reinstate- ment and punitive damages	(1.1) In an action under paragraph (1)(a.1), the court may, in addition to the powers mentioned in subsection (1), order the employer
	(a) to remedy or reverse any action taken by the employer that is the basis for the action; or
	(b) to pay punitive damages to the employee.
	3. The Act is amended by adding the following after section 64:
Anonymous notification to Commission	64.1 (1) Any person who has reasonable grounds to believe that a person has committed or intends to commit an offence under this Act may notify the Commission of the grounds and the particulars of the matters that constitute the offence and may request anonymity with respect to the notification.
Confidentia- lity	(2) The Commission shall keep confidential the identity of any one notifying the Commission pursuant to subsection (1) who has requested anonymity.
Exception	(3) Subsection (2) does not apply if the commission determines on inquiry that the facts stated in the notification were substantially false and that the person notifying the Commission knew them to be substantially false.
Interpreta- tion	64.2 (1) In this section, ``employee'' includes an independent contractor.
No dismissal or discipline	(2) No person shall dismiss, suspend, demote, discipline, remove a benefit or privilege of employement from, terminate the contract of, harass, coerce or otherwise disadvantage an employee on the grounds that
	(a) the employee has notified or testified to the Commission that the employer or any other person to whom this Act applies has committed or intends to commit an offence under this Act;
	(b) the employee has refused or stated an intention of refusing to do any thing that is an offence under this Act;
	(c) the employee has done or stated an intention of doing any thing that is required to be done by this Act; or
	(d) the employer believes that the employee will do any thing mentioned in paragraph (a) or (c) or will refuse to do any thing mentioned in paragraph (b).
Offence and penalty	(3) Every one who contravenes subsection (2) is guilty of an offence and liable on summary conviction or on conviction on indictment to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding two years or to both.

Bill C-266

BILL C-266