Public Interest Disclosure Act (PIDA)
What is the Public Interest Disclosure Act (PIDA)?
BC's new Public Interest Disclosure Act (PIDA) provides a safe, legally protected way for BC public sector employees, (including School District employees) to report serious or systemic issues of Wrongdoing to their supervisor, a designated officer or the Ombudsperson. PIDA prohibits people from retaliating against employees who speak up about potential wrongdoing in the public sector.
PIDA definition: 7(1)(a) a serious act or omission that, if proven, would constitute an offence under an enactment of British Columbia or Canada.
PIDA is also sometimes referred to as the “Whistleblower” Act.
BC Ombudsperson - PIDA Employee Information - Link
SD91 PIDA Policy 202.3 - Link
Who Can Report Wrongdoing under PIDA?
Any employee may report Wrongdoing under this Policy if the alleged Wrongdoing occurred or was discovered while the employee was employed or engaged by the School District.
Reports received from members of the public, school trustees, or from employees who were not employed with the School District at the time that the alleged Wrongdoing occurred or was discovered are outside the scope of the Policy and this Procedure.
What is Wrongdoing?
What is wrongdoing? In broad terms, wrongdoing is any unethical act that diverges significantly from generally accepted behaviour. However, only certain types of wrongdoing qualify under PIDA.
To be considered “related to” an eligible public body, there must be a real and substantial connection between the wrongdoing and that organization.
A) Offences PIDA definition: 7(1)(a) a serious act or omission that, if proven, would constitute an offence under an enactment of British Columbia or Canada; • What it means: A serious action or failure to act that is also a crime or an offence.
B) Danger to people or the environment PIDA definition: 7(1)(b) an act or omission that creates a 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; • What it means: An action or failure to act that is dangerous to a person’s health or safety or to the environment. The danger will be considered substantial if it is serious and likely to result in real harm. The danger will be considered specific if the actual threat can be identified as well as when it is likely to occur. • Exception: Danger that is a typical part of someone’s job.
C) Misuse of public funds PIDA definition: 7(1)(c) a serious misuse of public funds or public assets; • What it means: Government money or resources are not being used for their intended purpose, are being wasted, or are used in a way which is not normally expected or required. The misuse must be serious. Serious misuse may include misuse that is recurrent, systemic, deliberate, undertaken by a person at a senior level, or involving a high dollar value.
D) Mismanagement PIDA definition: 7(1)(d) gross or systemic mismanagement; • What it means: Gross mismanagement means management of a government resource (example: staff, contract, project) that is highly inappropriate, irresponsible, reckless, deliberate, involving a significant resource, etc. Systemic mismanagement means mismanagement that is broad, longstanding, recurrent or inherent to the organization’s culture.
E) Directing wrongdoing PIDA definition: 7(1)(e) knowingly directing or counselling a person to commit a wrongdoing described in paragraphs (a) to (d). • What it means: Telling someone else to do one of the acts or omissions listed above in A,B,C or D. It does not matter whether the individual acts on the instructions.
Additional information about Wrongdoing - Link
The Complaint Process
If you formally report wrongdoing, an investigator will contact you to clarify the details of your submission. Depending on whether you reported the complaint to the Ombudsperson or directly to the School District, your complaint will be followed up by that organization.
Once you have submitted your information, you can expect the following:
- Initial Review & Assessment
- An Investigation
- Final Report & Recommendations
Following an investigation, the District or Ombudsperson will report any findings and recommendations. The discloser, or person who reports the wrongdoing, will also receive a summary of conclusions and findings.
Additional information about the PIDA process - Link
How to Report a Complaint
If you are an employee or former employee of School District 91, you are covered under PIDA and have options for reporting wrongdoing – internally or externally. It is your choice.
Additional Complaint Reporting Information- Link
Directly with the BC Ombudsperson - Link
Directly with School District 91 - Nechako Lakes - Link
Regular Mail Submission:
Attention: Darlene Turner, Designated Officer, Public Interest Disclosure
153 E. Connaught St., PO Box 129
Vanderhoof, BC , V0J 3A0
Email Submission:
PIDAdisclosure@sd91.bc.ca
Supervisor & Administrator Responsibilities
Managers, Supervisors and Administrators in the School District have new responsibilities as of December 1, 2023, under the Public Interest Disclosure Act (PIDA).
It is an offence to commit reprisal against an employee who reports wrongdoing, makes a reprisal complaint, participates in a PIDA investigation or seeks advice under PIDA
Supervisor responsibilities - Link
Confidentiality information for supervisors - Link
Designated Officer Responsibilities
Employees have a choice about seeking advice or making disclosures under PIDA - they can choose to do this with either the Office of the Ombudsperson or with their employer’s Designated Officer (DO).
Under PIDA, the Superintendent/CEO must appoint at least one senior official to be a DO. Designated Officers are responsible for responding to requests for advice, receiving disclosures and investigating disclosures of wrongdoing.
The Designated Officer for SD91 is Secretary-Treasurer - Darlene Turner
Responsibilities of the Designated Officer - Link
- Provide information and advice to employees and supervisors
- Receive disclosures from employees and supervisors
- Investigate complaints
- Maintain confidentiality
- Mitigate reprisal risk
Speaking Up Safely - Employee Training Video
This course covers the protections that the Public Interest Disclosure Act (PIDA) provides current and former BC public sector employees who witness or know of serious wrongdoing occurring in their workplace and outlines the various options available for reporting wrongdoing.
Speaking Up Safely Training Video for Employees - Link