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Requesting an Exception

Considerations for requesting an exception under section 7(1) of the Public Interest Disclosure (Whistleblower Protection) Act (PIDA)

The Public Interest Disclosure (Whistleblower Protection) Act requires in sections 5 and 6, that the chief executive of a government body, department, or office:

Section 7(1) of the act states the following:

Exception
7(1) Sections 5 and 6 do not apply to a chief executive who determines in consultation with the Ombudsman that it is not practical to apply those sections given the size of the department, government body or office for which the chief executive is responsible.

If an exception to the requirements in sections 5 and 6 applies, it should be noted that the chief executive officer would still remain responsible to ensure that:

Prior to a chief executive officer consulting the ombudsman regarding whether an exception is appropriate, it should be noted that the ombudsman will consider the following circumstances:

A questionnaire has been prepared in order to assist chief executives in the consultative process with the ombudsman as to the appropriateness of an exception to sections 5 and 6 of PIDA. An entity could complete the attached questionnaire or use it as a guide in writing a letter to  Manitoba Ombudsman. Consultations regarding exceptions should be sent to Manitoba Ombudsman at the following address:

Manitoba Ombudsman
750 - 500 Portage Avenue
Winnipeg, MB R3C 3X1

Completed questionnaires may also be faxed to Manitoba Ombudsman at 204-942-7803.

Once received, the ombudsman will consider the chief executive’s submission and will reply in writing as to whether he agrees or disagrees with the appropriateness of an exception to sections 5 and 6 of PIDA.