Public Interest Disclosure Act (PIDA)

What is PIDA?

PIDA is B.C.’s Public Interest Disclosure Act, whistleblower protection legislation.   It provides legal confidentiality and reprisal protections to current and former employees of public sector organizations who speak up about serious or systemic wrongdoing within their organization.

What's considered wrongdoing under PIDA?

Not all misconduct is “wrongdoing” under PIDA. PIDA defines wrongdoing as:

• 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 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 or health professional's duties or functions;
• A serious misuse of public funds or public assets;
• Gross or systemic mismanagement (i.e., mismanagement of funding, services, or people in a way that is highly inappropriate, irresponsible or reckless, or mismanagement that is broad, longstanding, recurrent or inherent to a public sector organization’s culture and practices); or
• Knowingly directing or counselling a person to commit any of the wrongdoing described above, whether or not the person commits the act or omission.

You can report wrongdoing that happened in the past, is happening now, or you believe may happen in the future. Former employees can only report wrongdoing if it was discovered or took place when they worked at Royal Roads.

Even if you're unsure whether the issue meets PIDA's definition of wrongdoing, you're encouraged to report it—there's no penalty if the report does not qualify as wrongdoing under PIDA.

What are some examples of wrongdoing under PIDA?

• Sizable theft of university assets or property.
• Financial or other fraud.
• Awarding contracts for personal financial gain.
• Practices causing ongoing health and safety violations.

I am a contractor. Am I protected under PIDA?

Contractors are protected from reprisal under the Act. PIDA prohibits persons from cancelling contracts, withholding payment, or refusing to enter into future contracts because a contractor or their employees cooperated with a PIDA investigation. 

The Ombudsperson can NOT investigate complaints of reprisal from contractors. Contractors who believe that they have experienced reprisal may wish to seek legal advice.

How can I learn more about PIDA?

Learn more about PIDA through these additional resources:

• RRU's PIDA policy
• RRU's PIDA procedure
• Whistleblowing Resources - Office of the Ombudsperson
• Online Training and Webinars - Office of the Ombudsperson

How can I get advice about PIDA, or report a wrongdoing?

If you need confidential advice about PIDA or want to report wrongdoing under PIDA, you can complete the form linked above, or reach out to one of the following:

• Your supervisor
• RRU's designated officer 
• The B.C. Ombudsperson

You can also seek advice from your union, your People and Culture Consultant, or your own lawyer (note: legal advice would be at your own expense).

You have the option to request advice or submit a report anonymously.

Reports of wrongdoing must be in writing and can be submitted confidentially using the online reporting form. Alternatively, you can contact your supervisor, the designated officer, or the B.C. Ombudsperson to make a report. If a report cannot be made in writing, contact the above noted persons for further assistance.

PIDA's reporting mechanisms are available in addition to other existing options for reporting misconduct, such as Safe Disclosure or Respectful Workplace processes. You can choose the reporting method that works best for you.

Importantly, PIDA includes legal protections to safeguard employees’ identities and prohibits any form of retaliation.

Royal Roads University's Designated Officers (DOs):
Rebecca Lumley (DO1), Executive Officer and AVP, People and Culture 
Alejandro Campos-Garcia (DO2), Associate Director Human Rights and Accessibility

Email: safedisclosure@royalroads.ca
Phone number: 250-391-2712

Can I get advice before I decide to report wrongdoing?

Yes. You can get advice from your supervisor, your designated officer, a lawyer, your union representative, employee association or the Ombudsperson. Under PIDA, you are protected from reprisal when asking for advice from these parties.

Who can report wrongdoing under PIDA?

An employee or former employee of the University can report wrongdoing. Employees can report wrongdoing that has happened in the past, is currently taking place or that they believe is about to happen. An employee can report wrongdoing regardless of whether they are a permanent, temporary, casual, part-time or full-time employee. 

Former employees can only report wrongdoing that they discovered, or that occurred, while they were employed. 

We may ask you to substantiate that you are an employee or former employee in order to determine that you are eligible to report wrongdoing under the Act.

Can I report wrongdoing that happened a long time ago?

Yes. PIDA does not have any time restrictions. However, it may not be possible to investigate wrongdoing that happened a very long time ago if evidence or witnesses are no longer available or there would be no useful purpose in an investigation.

What happens after I report wrongdoing?

If you make a report of wrongdoing internally, the Designated Officer will assess:

• the report of wrongdoing to determine whether it is eligible for investigation under PIDA, and, if so, whether an investigation should proceed; and
• the reprisal risk against the employee and action taken to protect the employee.

If you provided contact information, the Designated Officer may contact you to get more information about your report. 

Each issue brought forward will be assessed on its merits to determine if an investigation will be conducted. You will be notified if it is decided to investigate your report.  If we decide not to investigate your report, you will be provided with reasons for decision.

Can I report wrongdoing to the media?

In most circumstances, PIDA does not cover reports of wrongdoing to the media. However, if an employee believes that there is an imminent, substantial and specific danger to people or the environment, and the employee has consulted with and obtained the consent of the appropriate protection official, an employee can make a public disclosure.

Protection officials are:

• In respect of a health-related matter, the Provincial Health Officer
• The provincial administrator as defined in section 1(1) of the Emergency and Disaster Management Act
• In any other case, the appropriate police force 

Employees must receive direction from the protection official about whether to make the disclosure, and if so, on what conditions, and where the protection official approves the disclosure, make the disclosure in accordance with any conditions the protection official imposes.

Immediately after making the disclosure public, the employee must advise their supervisor or Designated Officer about the public disclosure and then make the disclosure to their supervisor, Designated Officer or the Ombudsperson.

What happens at the end of an investigation?

At the end of an investigation, a report will be provided to the President. The report will set out the findings, including any recommendations for corrective measures.  If it is found that wrongdoing did not take place, the employee who made the report is still protected from reprisal.  The employee who made the report will receive a summary of the outcome of the investigation.

What is the role of the Office of the Ombudsperson under PIDA?

The Office of the Ombudsperson is an independent office of the legislature mandated under the Public Interest Disclosure Act to investigate allegations of wrongdoing from public sector employees. The Ombudsperson also investigates complaints from employees who believe they have been retaliated against for reporting wrongdoing, seeking advice about doing so, or cooperating with an investigation under PIDA. The Ombudsperson conducts fair and impartial investigations and makes effective recommendations for corrective measures when wrongdoing or reprisal is found. The Office of the Ombudsperson can also provide advice about PIDA to employees and public bodies.

What responsibilities do leaders/supervisors have under PIDA?

Supervisors are responsible for:

• Reviewing the PIDA policy and procedures;
• Providing and documenting advice to employees about reporting wrongdoing or making a complaint about a reprisal;
• Receiving reports of wrongdoing; and
• Providing reports of wrongdoing to the Designated Officer as soon as they are received.
• Supervisors must also maintain confidentiality by protecting the identity of employees who report wrongdoing or seek advice and must only share personal (identifiable) information in the limited circumstances set out in the PIDA policy and procedures.

What protections does PIDA provide for employees?

PIDA protects your identity if you report wrongdoing, make a reprisal complaint, or ask for advice about either. It also protects you from any form of reprisal, including threats of reprisal, for taking these actions. Reprisal can include demotion, disciplinary measures, termination of employment or any measure that adversely affects an employee’s employment or working conditions.

PIDA requires that every person involved in receiving, reviewing and investigating disclosures must carry out those functions in an expeditious, fair and proportionate manner as appropriate in the circumstances. Employees can make a complaint to the Ombudsperson if they experience reprisal.

What privacy and confidentiality protections does PIDA provide?

If an employee reports wrongdoing, the Act requires that their personal information and identity will be kept confidential to the extent possible. The Ombudsperson conducts investigations in private and the identity of the person who made the report will not be included in the Ombudsperson’s report. The Freedom of Information and Protection of Privacy Act provides that investigative records of the Ombudsperson are exempt from disclosure. This means that members of the public cannot access the office’s records that relate to a report of wrongdoing or reprisal complaint through a freedom of information request.

Can wrongdoing under PIDA be reported anonymously?

Yes, wrongdoing can be reported anonymously. However, the anonymous reporter may be asked to provide certain information to determine if they are a current or former employee.

People who submit anonymous reports may not receive information about the conduct of any investigation into the wrongdoing, including notice of the investigation and results.

What do I do if I feel I am being treated differently after seeking advice, reporting a wrongdoing or cooperating with an investigation under PIDA?

If you believe you have experienced reprisal, you should contact the B.C. Ombudsperson. Only the B.C. Ombudsperson can investigate reprisal complaints under PIDA.

Reprisal complaints must be in writing, either through the B.C. Ombudsperson’s online Reprisal Complaint Form or by contacting the B.C. Ombudsperson directly:

• Email: report@bcombudsperson.ca
• Phone: 1-800-567-3247

How does PIDA relate to other reporting mechanisms at Royal Roads?

PIDA is one of many mechanisms for reporting wrongdoing, and does not replace any other established processes, such as Safe Disclosure, and Respectful Workplace at Royal Roads University.

PIDA is an additional, optional pathway for employees to report serious or systemic wrongdoing within their organization that is in the public interest. Of note, PIDA expressly imposes legal requirements to protect the identity of employees, as well as prohibit any reprisal consequences.

What are the differences between PIDA and the Safe Disclosure process?

PIDA is a reporting mechanism for current and former employees to report wrongdoing.  Others can report wrongdoing through the Safe Disclosure process.

PIDA relates to serious or systemic wrongdoing. The Safe Disclosure process can be followed for concerns that do not meet the definition of wrongdoing under PIDA.