Thinking About Making a Public Interest Disclosure?

Are You Thinking About Making a Public Interest Disclosure?

You may have seen something in your workplace that you think shouldn’t be happening. Not sure what to do about it?

There are a number of ways that you can report an issue, including under the Public Interest Disclosure Act (PIDA). Before you do, consider the type of information that you have.

Is it about bullying or harassment?

Under the Standards of Conduct, you are required to report incidents of bullying, breaches of the Standards of Conduct and wrongdoing. Consult Address discrimination, bullying and harassment and talk to your supervisor or your ministry ethics advisor. If the matter is about sexual harassment, consult Address sexual harassment and talk to your supervisor or your ministry ethics advisor.

Is it a workplace grievance or about workplace conflict?

Consult Working with others and speak to your supervisor, MyHR, union, or employer association. If you are a supervisor, consult Managing employees in a unionized environment.

Is it a workplace health and safety issue?

Consult the HR policy 04 – Occupational safety and health (PDF, 124KB) and speak to your supervisor or Occupational Safety and Health Committee representative. If you are a supervisor, consult Managing occupational health and safety.

Is it about one of the following situations?

• A serious act or omission that, if proven, would be 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 of public assets
• Gross or systemic mismanagement
• Knowingly directing or counselling a person to commit a wrongdoing of one or more of these four types

These are situations you may choose to report by making a public interest disclosure. For other workplace concerns, there are other resources and people to go to.

Review HR Policy 24 – Public Interest Disclosure (PDF, 372KB) and the Public Interest Disclosure Procedure (PDF, 421KB) for details of who can disclose, how to disclose, how you are protected, and other aspects of the process. Seeking advice about disclosing is a good step.

Ready to make a disclosure? 

If you are a ministry employee who wants to report wrongdoing under PIDA, you can make your disclosure:

Internally, to one of the following people:

• Your supervisor
• Your ministry ethics advisor (also referred to as designated officer under PIDA)
• The Public Service Agency (Agency) designated officer

Or

• Directly to the BC Ombudsperson

It's required that you make the disclosure in writing. You can do this internally is by filling out the online disclosure form. This form is submitted directly via email. The Public Interest Disclosure Procedure (PDF, 421KB) states what kind of information should be included wherever possible.

If you are a political staff member, use the political staff version of the form (PDF, 329KB).

Anonymous disclosures

Anonymous disclosures may be made to the Agency Designated Officer or the BC Ombudsperson. Although anonymous disclosures can be difficult to investigate or substantiate, they will be acted on based on the information received.

If you choose to make a disclosure anonymously, you need to be anonymous from the start when you make the disclosure. An anonymous disclosure cannot contain any information which identifies the person who submitted it (such as their email address, personal address or name).

If you have previously sought advice under PIDA and your identity is known to the person you sought advice from, you cannot ask to make the disclosure anonymously. The legislation provides confidentiality and protections from reprisal to protect you if you make a disclosure.

For internal disclosures, the online disclosure form, and the disclosure form for political staff (PDF, 329KB) disclosure form for political staff allows for the submission of disclosures without identifiable information.

Not sure?

Seek advice. Under PIDA, employees can seek advice from a specific set of people. Employees who seek advice from any of these individuals will be protected from reprisal under the legislation. More resources are available at Getting Advice About PIDA and Public Interest Disclosure Act: Internal Roles and Responsibilities.

Even if you decide that the information you have does not meet the test of a PIDA disclosure, it’s still important to speak up and fulfill your responsibilities to report under the Standards of Conduct. Talk to your supervisor or ethics advisor about your concerns, even if they’re not examples of serious misconduct under PIDA. Remember, if you see something, say something.