Are Employees Protected from Retaliation for Whistleblowing in Ontario?

Written by: Sezar Bune, J.D. | Toronto Employment Lawyer

Date Published: January 9, 2026

Summary:

In Ontario, whistleblowing protection for private-sector employees does exist. However, it is not as extensive as in the U.S., and there is no single, comprehensive law an employee can turn to. Instead, whistleblowing protection is fragmented, and is found across several specific statutes, each designed to safeguard workers who report certain types of wrongdoing. In particular, whistleblowing protection in Ontario is found in health and safety legislation, human rights, employment standards, securities law, and more broadly, criminal law. 

Take-Aways: Whistleblower Protection in Ontario

Examples of Whistleblowing Protections for Employees in Ontario

As an Ontario employment lawyer, I’ve handled many wrongful dismissal cases where one of my clients was terminated after raising complaints that their employer was not following specific legal obligations. Usually, these cases involved the employee being terminated where the employee believes they were terminated after:

• complaining about being subjecting to workplace harassment, where employees are protected from whistleblower retaliation in Ontario under the Occupational Health and Safety Act
• coming forward with concerns of facing discrimination at work, including based on their older age, disability or pregnancy, which is prohibited by the Human Rights Code
• asking their manager about their rights under the Ontario Employment Standards act, 2000, often when they believe they are not being paid equal pay as colleagues

While not as strong and comprehensive as whistleblowing laws in the U.S., Ontario has slowly enhanced the protections available to whistleblowers. In terms of protecting employees from workplace retaliation for whistleblowing in Ontario, an important enhancement is found in the anti-reprisal provisions in the Ontario Securities Act. It provides:

121.5 (1) No person or company, or person acting on behalf of a person or company, shall take a reprisal against an employee of the person or company because the employee has:

(a) sought advice about providing information, expressed an intention to provide information, or provided information to the person or company, the Commission, a recognized self-regulatory organization or a law enforcement agency about an act of the person or company, or person acting on behalf of the person or company, that has occurred, is ongoing or is about to occur, and that the employee reasonably believes is contrary to Ontario securities law or a by-law or other regulatory instrument of a recognized self-regulatory organization;

Under s. 121.6(3)), a reprisal includes:

(a)  terminating or threatening to terminate the specified individual’s employment, contract, position or office;

(b)  demoting, disciplining or suspending, or threatening to demote, discipline or suspend, the specified individual from their employment, position or office;

(c)  imposing or threatening to impose a penalty, or withholding or threatening to withhold a benefit, related to the specified individual’s employment, contract, position or office;

(d)  intimidating or coercing a specified individual in relation to their employment, contract, position or office; or

(e)  otherwise detrimentally affecting the specified individual by any act or failure to act, regardless of whether the act or failure to act is related to the specified individual’s employment, contract, position or office, if any.

Remedies

…

1.  Reinstatement of the specified individual to their employment, contract, position or office, with the same seniority status that the specified individual would have had if the reprisal had not been taken.

2.  Payment to the specified individual of two times the amount of compensation the specified individual would have been paid in connection with their employment, contract, position or office between the date of the reprisal and the date of the order if the reprisal had not been taken, with interest.

3.  Payment to the specified individual of compensation, in the amount the arbitrator or court considers just, having regard to the reprisal to which the complaint or proceeding relates and any loss attributable to it. 

Overall, this protection in the Securities Act is actually quite powerful and can serve to hold employers (and corporations) more broadly accountable. Case-in-point? The decision in McPherson v. Global Growth Assets Inc., 2025 ONSC 5226.

So, when it comes to whistleblowing legal protections for employees in Ontario workplaces include:

• reporting health and safety violations to the Ministry of Labour
• protects employees reporting illegal insider trading, fraud, or misleading corporate disclosures to the Ontario Securities Commission (OSC)
• reporting misconduct in pensions and financial services to the Financial Services Regulatory Authority of Ontario (FSRA)
• discrimination or harassment brought to the Human Rights Tribunal of Ontario
• criminal activity reported to police

Typically, employees may have the option to blow the whistle internally, through an employer’s own policies and procedures, or externally to a regulator or law enforcement agency, as above. In Ontario, whistleblowing laws aim to encourage employees to come forward without fear of whistleblower retaliation.

What I See in My Practice as an Employment Lawyer

Practical Insights

When representing employees with whistleblowing concerns, I have noticed that it is critical to take a strategic approach: document all incidents thoroughly, understand which regulator or statute applies to their concern (of course, with the help of an employment lawyer), and consider both internal and external reporting channels. For example, health and safety issues may go to the Ontario Ministry of Labour, securities misconduct to the OSC, and discrimination complaints to the Human Rights Tribunal of Ontario.

Importantly, early consultation with an employment lawyer is critical when facing potential whistleblower retaliation in Ontario. Legal guidance helps employees assess their options, protect their rights, and plan the safest course of action before raising concerns internally or to authorities. In practice, a well-prepared approach not only mitigates the risk of retaliation but also strengthens any potential claims for remedies like reinstatement or financial compensation.

As Sezar Bune, employment lawyer and founder of Bune Law, explains:

“From my experience as an employment lawyer in Ontario, there is limited protection for whistleblowers in when it comes to employment. When the issue of unlawful reprisal comes up in wrongful dismissal cases, we usually must resort to protection from reprisal found in the Ontario Health and Safety Act or the Employment Standards Act.”

What about cases that do not fall neatly in one of those defined categories where whistleblowing is explicitly recognized? Due to the lack of breadth in protections, employees facing a retaliatory termination have resort to other civil remedies in addition to wrongful dismissal claims, such as punitive damages, aggravated/moral damages for an employer’s breach of the duty of good faith, honesty and fair dealing.

Real Life Examples – Financial Misconduct & Fear of Reprisal

Common examples of cases where I have represented in cases involving whistleblower retaliation in Ontario usually consist of the following scenario: the client, while performing their job responsibilities, discovered what appeared to be financial misconduct by a senior manager. This type of situation can occur in various workplaces, including the construction sector, healthcare, daycare, and, in my experience, even the public sector.

This fear is not unfounded. It is precisely the reason why the government has enacted explicit protections against retaliation for whistleblowing in Ontario, including in areas regulated by the OSC and FSRA, to encourage transparency and prevent wrongdoing.

Although employers are legally prohibited from taking reprisals — such as terminating, demoting, threatening, or intimidating an employee for raising concerns about securities misconduct — many employees remain hesitant to come forward because employers sometimes apply informal pressure or issue veiled threats.

Ultimately, the cases I have helped employees with whistleblower retaliation, including termination, illustrate a common reality: even with legal protections in place, employees often sit on critical information for weeks or months due to legitimate fear of reprisal — including job loss, hostile work environments, or stalling tactics — before consulting an employment lawyer and asserting their rights under Ontario employment law.

FAQ – Whistleblowing Protection for Ontario Employees

Q: Is there whistleblower protection in Ontario? Yes, but it exists in different types of legislation. Ontario protects employees through several statutes — including the Occupational Health and Safety Act, the Ontario Securities Act, the Employment Standards Act, 2000, and the Human Rights Code — rather than one comprehensive whistleblower law.

Q: What is considered whistleblower retaliation in Ontario? Workplace retaliation (called a “reprisal”) against employees often includes termination, demotion, suspension, threats, intimidation, or any act that negatively impacts an employee because they reported wrongdoing. 

Q: What remedies can a whistleblower get in Ontario? Depending on the statute, remedies include reinstatement with full seniority, two times lost compensation (salary, bonus and benefits), and additional compensation as ordered by a court or arbitrator.

Q: Where can Ontario employees report workplace wrongdoing? It depends on the issue: the Ministry of Labour for health and safety, the OSC for securities misconduct, the FSRA for financial services, the Human Rights Tribunal for discrimination, and police for criminal activity.

Concluding Thoughts

In Ontario’s private sector, whistleblower protection is generally moderate and piecemeal, as there is no single comprehensive law covering all workplaces.

Employees who face whistleblower retaliation in Ontario may have direct legal remedies under statutory programs, including with the OSC and FSRA, or even with civil action through wrongful dismissal claims or constructive dismissal claims.

Despite these legal protections, it is important to be mindful that although reprisals are illegal, they still occur, and enforcing rights often requires formal legal action with the expert help of an employment lawyer. 

About the Author

Written by: Sezar Bune, J.D. | Toronto Employment Lawyer

With over 12 years of experience advising employees and employers, Sezar practices in all workplace disputes, including wrongful dismissal, constructive dismissal, severance packages, and employment contracts.

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