The BC Public Interest Disclosure Act (PIDA) provides a framework for employees to report specific kinds of serious or systemic issues of wrongdoing with legislated protection from Reprisal within public sector institutions, including universities. Wrongdoing is specifically defined in PIDA.
What is wrongdoing as defined by PIDA?
What is wrongdoing as defined by PIDA?
A serious action or failure to act that is also a crime. Some factors which may indicate that the matter is “serious” include whether the action:
- is deliberate
- is done by a person with a high level of seniority or responsibility
- is a significant departure from accepted standards of conduct
- can/will result in significant loss of trust in the public organization.
A substantial danger means that a reasonable person would consider the danger serious and likely to result in real harm. This includes extreme damage or threat to the environment.
A specific danger means there is an actual threat and something or someone is at particular risk. The danger is identifiable and expected at a foreseeable future date.
Exception: danger that is a typical part of someone’s job is generally not included.
Misuse means that money or resources
- are being wasted
- are not being used for their intended purpose, or
- are used in a way which is irregular, unauthorized, or not normally expected or required
Some factors which may indicate that the misuse of funds or assets was “serious” include
- deliberate misuse or an abuse of power
- recurrent or frequent misuse
- a significant amount of funds was misused
- the misuse was undertaken by someone in a high level of authority or position of trust
Mismanagement is the inappropriate or irresponsible management of a government resource, such as staff, a contract, or a project.
Some factors which may indicate that the mismanagement was gross include:
- the conduct is deliberate or for personal gain
- the mismanagement involves significant government resources
- the conduct is reckless or indifferent
- the person who engaged in mismanagement has a high level of authority or trust
Some factors which may indicate that the mismanagement was systemic include:
- the conduct is recurrent or frequent
- the conduct is known or accepted within an organization
- the mismanagement is built into an organization’s structure, policies or practices
This means telling someone else to commit a wrongdoing regardless of whether the other person follows through.
To seek advice or make a disclosure under PIDA, please contact University Governance at whistleblower@unbc.ca or contact the BC Ombudsperson here.
Process
- Fill out this disclosure form with all the known information and send it to University Governance at whistleblower@unbc.ca. University Governance will send you a receipt of confirmation within five business days. You may also submit the form to your supervisor, but please note that all information submitted to a supervisor regarding a disclosure will be forwarded to University Governance. You may also submit a disclosure to BC's Office of the Ombudsperson.
- An initial interview with the discloser will be conducted to assess if the threshold for wrongdoing has been met, determine the urgency of the matter, and assess risk of reprisal to the discloser.
- The Designated Officer will determine whether or not to investigate within 20 business days of receipt of the disclosure and whether the disclosure would be more appropriately investigated by the BC Ombudsperson's Office. The discloser will be notified of this decision.
- The Designated Officer will notify any respondents that their conduct is the subject of an investigation at an appropriate time.
- Investigations will be conducted and a draft report prepared within 4 months from the decision to investigate.
- A final investigation report will be provided to the President. If the President is implicated in founded wrongdoing, the report is provided to the Board Chair. A summary of the report will be provided to the discloser, subject to FOIPPA, and respondent(s) where practicable.
- On behalf of the President, the University Secretary will report annually on all disclosures of wrongdoing made within that year. The annual report will be made publicly available on the UNBC website.
Find Out More
You can find out more about PIDA by reading UNBC's Public Interest Disclosure Policy and Procedures, visiting the Ombudsperson's Resources for Employees page, or by reading the frequently asked questions below.
How does PIDA differ from other reporting mechanisms at UNBC?
PIDA is focused on reporting specific kinds of serious or systemic issues of wrongdoing. It is not intended for resolving individual employment disputes, which can be addressed through other channels.
Who can report under PIDA?
Any current or former employee or board member of UNBC--regardless of whether they are or were permanent, temporary, casual, part-time, or full-time--can report wrongdoing. Students employed by UNBC can report wrongdoing related to their employment activities.
What protections does PIDA provide?
PIDA prohibits retaliation against employees who seek advice, report wrongdoing, or cooperate in investigations. The Act also mandates confidentiality of the personal information and identity of employees reporting wrongdoing.
Can I report anonymously?
Yes, disclosures can be submitted anonymously. However, if insufficient details are provided and there’s no way to contact the discloser, an investigation might not proceed. Therefore, it’s encouraged to provide as much detail as possible in anonymous disclosures.
What is a "Designated Officer"?
The Designated Officer is the senior official(s) designated by the President to receive requests for advice and receive and investigate Disclosures under the Act and ensure that instructions are available about PIDA and UNBC’s Public Interest Disclosure (PID) Policy and the Procedures. The designated officer may delegate their authority to assess and investigate to a UNBC employee or service provider at their discretion and as required under the circumstances.
At UNBC, the Designated Officer is the University Secretary, who can be contacted through this email: whistleblower@unbc.ca.
What responsibilities do supervisors have under PIDA?
Supervisors are responsible for providing advice to employees regarding making disclosures. Supervisors are encouraged to consult with the Designated Officer for clarification in case of uncertainties about a situation.
Can I report wrongdoing that happened a long time ago?
Yes. PIDA does not have any time restrictions.
Where can I seek advice on making a disclosure?
You can get advice from your supervisor, Designated Officer, a lawyer, your union or employee association representative, or the Office of the Ombudsperson.
I am a contractor. Am I protected under PIDA?
PIDA protects contractors from reprisal by prohibiting persons from cancelling contracts, withholding payment, or refusing to enter into future contracts because a contractor or their employees cooperated with a PIDA investigation.
What happens after I report wrongdoing?
A Designated Officer or an Ombudsperson Officer will contact you to get more information about your report which will then be assessed for investigation eligibility. You will be notified of the result of the assessment.
What happens at the end of an investigation?
A Designated Officer or the Ombudsperson will provide a report to the President of the University. This report will be included in an annual report by the President. The identities of the discloser and alleged wrongdoer(s) will not be included in the reports.
I am a witness in a PIDA case. Will what I say affect my employment?
PIDA prohibits reprisal against employees who cooperate in a PIDA investigation. If you experience reprisal for cooperating, you can make a reprisal complaint to a Designated Officer or the Office of the Ombudsperson. The BC Ombudsperson is responsible for investigating complaints of Reprisal from public bodies under PIDA’s jurisdiction.