Whistleblowers get more protection, fewer civil servants' salaries to be disclosed under new legislation

A pair of legislative amendments will make for a more transparent civil service and give greater protections to whistleblowers in Manitoba, Finance Minister Cameron Friesen says.

"It broadcasts that government cares about ethical behaviour of all of its employees and all of its partners," Friesen said Wednesday at the legislature. "People need to understand there's cover for them."

Two bills tabled by BrianPallister's government Wednesday passed first reading, includingthe Public Compensation Disclosure Amendment Act. It raises the required threshold for compensation disclosures by civil servants from$50,000 to $75,000, meaning salaries ofpublic employees making less than $75,000 will no longer be automaticallydisclosed.

Friesensaid the change will mean 28 per cent of all public employees' salaries would be revealed going forward, whereas right now, in excess of50 per cent of salaries are disclosed.

"This is about having that information being disclosed be meaningful," he said.

The amendment would also see the $75,000-ceiling adjusted every five years with inflation and would require severance payments be disclosed within 60 days.

Publicly funded bodies would also have the ability to make disclosures upon request, rather than having to include that information in their audited financial statements.

The province would also be forced to post allgovernment compensation disclosuresonline, among other changes.

Meanwhile the Public Interest Disclosure (Whistleblower Protection) Amendment Actaims to create a safer environment for civil servants who wish to report impropriety in the workplace without fear of reprisal or job loss.

'This wasn't a safe space'

Thatbill would see whistleblowerprotections extended to employees of school divisions anddistricts.It would also givemunicipalities and their workersthe chanceto opt into the act.

Theamendmentswould see the identities of complainants and those accused of impropriety concealed from the public should the issue go to civil court.

The changes follow recommendations made by the auditor general anda 2014 reportfrom DiannaScarth, then-ManitobaHuman Rights Commission executive director, that recommended the ombudsman be given more authority to investigate complaints "as expeditiously as possible" and that complainants be allowed to follow-up with the labour board if they aren't satisfied with the ombudsman's process.

The bill seeks to do both those things.

"They felt that there could be reprisals, they thought this wasn't a safe space," Friesen said of the recommendations.

"These provisions are designed to create the conditions in which people who are acting ethically to ensure a high standard of conduct feel that they have that context to be able to come forward."

The whistleblower bill includes amendments that prescribe investigative powers to specific authorities, including the ombudsman, in cases where those responsibilities were previouslyunclear,Friesensaid. It also includes steps for when complaints are made against a senior officer in the event someone in the chain of command becomes the subject of an investigation.

'Post-EdwardSnowdenera'

At first blush the whistleblower changes seem to align with previous recommendations made by the auditor general, said NDPLeader Wab Kinew.

"We're in this post-Edward Snowden era and I think that we should have strong protection for whistleblowers, and there should be an easy-to-understand process for people who are willing to come out and stand up for the public interest."

The one change that stood out to the Fort Rouge NDP MLA was in the decision to elevate the mandatory disclosure threshold up from $50,000 to $75,000.

"There is a possibility that that higher threshold could be gamed," saidKinew. "There's a potential that you could hire somebody on a six-month contract for $74,900, for instance. And so I am a little surprised they made that move."

He said in 2017 most civil servants already expect their salaries will be disclosed publicly and the move to raise the bar was unnecessary.

Friesensaid Manitoba's compensation disclosure legislation hasn't been updated for some time and the changes putManitoba in line with other provinces.

"It reflects our government's view that taxpayers have the right to be in possession of good and useful information around compensation, and payments made by the province to individuals on payrolls," he said.