New rules 'allow employees to confidentially disclose serious wrongdoing without fear of reprisal'
British Columbia has kicked off the expansion of coverage for the Public Interest Disclosure Act (PIDA) – also known as the whistleblower legislation.
As of June 1, workers in public post-secondary institutions are covered by the legislation.
“Expanding PIDA to public post-secondary institutions will allow employees to confidentially disclose serious wrongdoing without fear of reprisal,” said Niki Sharma, attorney general. “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.”
Passed in 2018, PIDA came into force in 2019.
No reprisal for whistleblowing
PIDA allows workers to make good faith reports about illegal activities, without 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 act provides a framework for employees to report serious wrongdoing to designated officers within their organization or to the Office of the Ombudsperson.
Specific types of wrongdoing that may be disclosed under PIDA include:
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- 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.
Under PIDA, employers can’t take “any measure that adversely affects the employee's employment or working conditions” – such as a termination or demotion – against an employee who seeks advice about reporting wrongdoing, reports wrongdoing or cooperates with an investigation.
Who is protected under the PIDA?
In 2021, B.C. announced it is bringing more public service employees and organizations under the scope of the act.
The law 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.
Later this year, research universities will also come under PIDA, according to the provincial government.