121.6 (1) In this section, “specified individual”, in relation to a person or company, means, (a) an employee, officer or director of the person or company, (b) an individual who provides services to the person or company under a contract, other than an employment contract, between the individual and the person or company, or (c) an individual who is an incorporated employee of a personal services business within the meaning of subsection 125 (7) of the Income Tax Act (Canada) and who provides services to the person or company under a contract between the personal services business and the person or company. 2023, c. 21, Sched. 10, s. 4. Prohibition on taking reprisal (2) No person or company, or other person or company acting on behalf of the person or company, shall take a reprisal against a specified individual because the specified individual 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, or a person or company acting under the authority of the Commission, of a recognized self-regulatory organization or of a law enforcement agency, about an act of the person or company, or of a person or company acting on behalf of the person or company, that has occurred, is ongoing or is about to occur, and that the specified individual reasonably believes is contrary to Ontario securities law or a by-law or other regulatory instrument of a recognized self-regulatory organization; or (b) in relation to information provided under clause (a), co-operated, testified or otherwise assisted, or expressed an intention to co-operate, testify or otherwise assist in, (i) a review, investigation, examination or inspection authorized by the Commission, by a recognized self-regulatory organization or by a law enforcement agency, or (ii) a proceeding under this Act, a proceeding of a recognized self-regulatory organization or a judicial proceeding. 2023, c. 21, Sched. 10, s. 4. Same (3) For the purposes of subsection (2), a reprisal includes, without limitation, (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. 2023, c. 21, Sched. 10, s. 4. Prohibition re agreements (4) A provision in an agreement, including a confidentiality agreement, is void to the extent that it precludes or purports to preclude a specified individual from, (a) providing information described in clause (2) (a) to the Commission, a recognized self-regulatory organization or a law enforcement agency; or (b) in relation to information provided under clause (2) (a), co-operating, testifying or otherwise assisting, or expressing an intention to co-operate, testify or otherwise assist in, (i) a review, investigation, examination or inspection authorized by the Commission, by a recognized self-regulatory organization or by a law enforcement agency, or (ii) a proceeding under this Act, a proceeding of a recognized self-regulatory organization or a judicial proceeding. 2023, c. 21, Sched. 10, s. 4. Actions relating to reprisal (5) If a specified individual alleges that a person or company, or a person or company acting on behalf of the person or company, has taken a reprisal against them in contravention of subsection (2), the specified individual may, without limiting the steps they may otherwise take, (a) in the case where arbitration is provided for under a collective agreement, make a complaint to be dealt with by final and binding settlement by arbitration under the collective agreement; or (b) in any other case, either, (i) bring an action in the Superior Court of Justice, or (ii) if arbitration is provided for under an agreement other than a collective agreement, make a complaint to be dealt with by final and binding settlement by arbitration under the agreement. 2023, c. 21, Sched. 10, s. 4. Burden of proof (6) In an arbitration or action under subsection (5), the burden of proof that the person or company did not take a reprisal against a specified individual in contravention of subsection (2) lies on that person or company. 2023, c. 21, Sched. 10, s. 4. Remedies (7) The arbitrator or court may order one or more of the following 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. 2023, c. 21, Sched. 10, s. 4. Section Amendments with date in force (d/m/y) 2023, c. 21, Sched. 10, s. 4 - 04/12/2023 PART XXII   ENFORCEMENT