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AR 16/2018 PUBLIC INTEREST DISCLOSURE (WHISTLEBLOWER PROTECTION) TRANSITIONAL REGULATION

(no amdt)

ALBERTA REGULATION 16/2018

Public Interest Disclosure
(Whistleblower Protection) Act

PUBLIC INTEREST DISCLOSURE (WHISTLEBLOWER
PROTECTION) TRANSITIONAL REGULATION

Table of Contents

                1      Definitions

                2      Application of the former Act

                3      Completion of prosecutions

                4      Repeal

                5      Coming into force

Definitions

1   In this Regulation,

                               (a)    “Act” means the Public Interest Disclosure (Whistleblower Protection) Act, SA 2012 cP‑39.5;

                              (b)    “former Act” means the Public Interest Disclosure (Whistleblower Protection) Act, SA 2012 cP‑39.5, as it existed before March 1, 2018.

Application of the former Act

2(1)  A disclosure of a wrongdoing or the investigation of wrongdoing referred to in section 20 or 21 of the former Act that is alleged to have occurred completely before March 1, 2018, even if the wrongdoing is disclosed to the Commissioner after the expiry of this Regulation, must be administered and concluded under the


former Act.

(2)  A complaint of a reprisal that is alleged to have occurred completely before March 1, 2018 must be administered and concluded under the former Act even if the reprisal is disclosed to the Commissioner after the expiry of this Regulation.

(3)  Without limiting the generality of subsections (1) and (2), if this section applies, then

                               (a)    all powers and duties of the chief officer, designated officer, Commissioner and other persons referred to in the former Act continue in force with respect to the disclosure, complaint of reprisal or investigation in accordance with the former Act, as if the former Act had not been amended, and

                              (b)    anything done, decided, requested or recommended by a chief officer, a designated officer, the Commissioner or any other person referred to in the former Act with respect to the disclosure, complaint of reprisal or investigation has force and continues in accordance with the former Act, as if the former Act had not been amended.

Completion of prosecutions

3   Every proceeding with respect to an offence or penalty referred to in Part 7 of the former Act commenced under the former Act but not completed on March 1, 2018 shall be completed in accordance with the former Act.

Repeal

4   This Regulation is made under section 53.2(1) of the Act and is subject to repeal under section 53.2(2) of the Act.

Coming into force

5   This Regulation comes into force on March 1, 2018.