20.6 (1) No person or entity shall take a reprisal against a whistle-blower, whether directly or indirectly, for making a disclosure described in clause 20.5 (a) including, without limitation, a reprisal consisting of, (a)  terminating or threatening to terminate the whistle-blower’s employment, contract, position or office; (b)  demoting, disciplining or suspending, or threatening to demote, discipline or suspend, a whistle-blower 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 whistle-blower’s employment, contract, position or office; (d)  intimidating or coercing a whistle-blower in relation to their employment, contract, position or office; or (e)  otherwise detrimentally affecting the whistle-blower by any act or failure to act, regardless of whether the act or failure to act is related to the whistle-blower’s employment, contract, position or office, if any. 2021, c. 40, Sched. 12, s. 1 (3). Prohibition re agreements (2) A provision in an agreement, including a confidentiality agreement, is void to the extent that it precludes or purports to preclude a person or entity from, (a)  making a disclosure described in clause 20.5 (a); (b)  co-operating with a regulatory, civil or criminal investigation, examination or inspection in respect of a disclosure described in clause 20.5 (a); (c)  giving evidence in a proceeding in respect of a disclosure described in clause 20.5 (a), or (d)  providing information, documents or things to the Chief Executive Officer in respect of a disclosure described in clause 20.5 (a). 2021, c. 40, Sched. 12, s. 1 (3). Actions relating to reprisal (3) If a person or entity has taken a reprisal or is alleged to have taken a reprisal against a whistle-blower in contravention of subsection (1), without limiting the actions the whistle-blower may otherwise take, the whistle-blower may, (a)  make a complaint to be dealt with by final and binding settlement by arbitration under a collective agreement or any other agreement which provides for such a resolution; or (b)  bring a civil proceeding in the Superior Court of Justice. 2021, c. 40, Sched. 12, s. 1 (3). Burden of proof (4) In an arbitration or civil proceeding under subsection (3), the person or entity that is alleged to have contravened subsection (1) has the burden of proving that they did not take a reprisal against the whistle-blower. 2021, c. 40, Sched. 12, s. 1 (3). Remedies (5) The arbitrator or court may, in addition to any other remedy, order one or more of the following: 1.  Reinstatement of the whistle-blower to their employment, contract, position or office, with the same seniority status that the whistle-blower would have had if the reprisal had not been taken. 2.  Payment to the whistle-blower of two times the amount of compensation the whistle-blower 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 taken place, with interest. 3.  Payment to the whistle-blower 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. 2021, c. 40, Sched. 12, s. 1 (3). Same (6) For the purpose of paragraph 3 of subsection (5), loss attributable to a reprisal is deemed to include, (a)  any expenses reasonably incurred by the whistle-blower as a result of the reprisal; and (b)  the loss of any benefit the whistle-blower might reasonably have expected to have had if not for the reprisal. 2021, c. 40, Sched. 12, s. 1 (3). Section Amendments with date in force (d/m/y) 2021, c. 40, Sched. 12, s. 1 (3) - 29/04/2022