Whistleblower legislation expands to public post-secondary institutions

EMPLOYEES will benefit from new protections when bringing forward concerns about serious wrongdoing as the scope of the Public Interest Disclosure Act (PIDA) expands to public post-secondary institutions.

“Expanding PIDA to public post-secondary institutions will allow employees to confidentially disclose serious wrongdoing without fear of reprisal,” said Niki Sharma, Attorney General, on Monday. “As we bring more employees under the protections of this legislation, we are making sure integrity and accountability in our public service is preserved and upheld.”

The first phase of the expansion of PIDA to public post-secondary sector came into effect June 1. Research universities come under PIDA later this year. The act protects employees and promotes accountability and transparency by providing a framework for employees to report serious wrongdoing to designated officers within their organization or to the Office of the Ombudsperson.

Disclosers and those who participate in PIDA investigations are protected from acts of reprisal. This includes demotion, termination of employment or other measures that negatively affect their work conditions. The act also ensures that investigations are conducted fairly and promotes transparency by requiring organizations and the ombudsperson to annually report disclosures received and the results of any investigations.

The Province passed PIDA in 2018 in response to the ombudsperson’s 2017 report, Misfire: The 2012 Ministry of Health Employment Terminations and Related Matters. The report made 41 recommendations that the Province has fully implemented.

The act has been progressively implemented across the public sector since it came into force on December 1, 2019. It currently applies to individuals in government ministries; independent offices of the legislature; tribunals; Crown corporations; provincial health authorities, Providence Health Care; BC Emergency Health Services (BCEHS); public K-12 schools; and select agencies, boards, and commissions.

 

Quick Facts:

* Specific types of wrongdoing that may be disclosed under PIDA include:
– a serious act or omission that, if proven, would constitute an offence under an enactment of B.C., or Canada;

– an act or omission that creates substantial and specific danger to the life, health or safety of persons, or to the environment, other than a danger that is inherent in the performance of an employee’s duties or functions;

– a serious misuse of public funds or public assets;

– gross or systemic mismanagement; and

– knowingly directing or counselling a person to commit a wrongdoing above.

 

Learn More:

To read the Public Interest Disclosure Act, visit: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/18022

To learn more about PIDA and how to make a disclosure, visit: https://bcombudsperson.ca/public-interest-disclosure/how-to-report-a-wrong-doing/

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