When it comes to whistleblowers, the OSC wants to make clear that in-house counsel aren’t eligible for rewards.
Read: How to blow the whistle
The commission has published a proposed change to its whistleblower program, with a 60-day comment period.
The whistleblower program already excludes those who obtained information while providing legal services to the subject of the whistleblower submission, but there are exceptions for in-house counsel.
The exceptions existed for situations where in-house counsel acted outside their legal capacity, the OSC says in its proposal. But it’s moving to clarify the rules by omitting the category of in-house counsel from the exceptions altogether.
Further, the proposed change clarifies that in Ontario, in-house counsel acting in a legal capacity are ineligible for a whistleblower award because of lawyer-client confidentiality.
Comments can be submitted in writing to Grace Knakowski, OSC secretary, by emailing comments@osc.gov.on.ca by Mar. 20.
For full details, read the proposal.
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