Disclosure
Public Interest Disclosure Act
The BC Public Interest Disclosure Act (PIDA) is whistleblower legislation. Its purpose is to allow employees within the school system to raise serious or systemic issues or wrongdoing for investigation, without exposing those employees to any risk of retaliation.
Effective December 1st, 2023, it is the Nicola-Similkameen School District’s obligation to receive, investigate and respond to complaints of wrongdoing that are made under PIDA. Current or former employees of Nicola-Similkameen School District can make a disclosure under PIDA.
Report Serious Wrongdoing
PIDA is intended to encourage transparency, accountability and ethical decision making by creating a safe and confidential process for employees to report serious wrongdoing within an organization. This includes:
- Health or Safety Risks: Situations of gross negligence that pose a serious risk to the public’s health or safety.
- Financial Mismanagement: Systemic misuse of public funds or resources.
- Unethical or Illegal Activity: Fraud, theft, or violations of laws or policies.
- Environmental Harm: Actions causing serious damage to the environment.
- Abuse of Authority: Misuse of position to gain an unfair advantage or harm others or by knowingly directing a person to commit a wrongdoing as above.
Reprisal Includes:
- Demotion or termination of employment
- Unreasonable performance management
- Not being promoted
- Missing out on professional development activities
- Physical harm to employees or to their property
Who is responsible for compliance with PIDA?
PIDA vests responsibility for compliance with the "head" of the school district.
All personal information that the Nicola-Similkameen School District collects, uses or shares in connection with the Disclosure shall be treated as confidential.
Each year the superintendent shall prepare a report, in accordance with the requirements of PIDA, and make available to the public, an annual report concerning all disclosures received, any investigation undertaken and findings of wrongdoing.
Annual PIDA Reporting
The Nicola-Similkameen School District will publish information and data related to PIDA annually. The annual report will include the number of disclosures received, the number of investigations initiated, details of the investigation if wrongdoing is confirmed and any information prescribed by the regulation.
The annual report will not contain any information that could lead to the identification of the individuals who have made the disclosure or participated in a PIDA investigation. No personal information will be disclosed as part of any public reports issued about PIDA.
What is the BC Public Interest Disclosure (PIDA) Act?
PIDA is a legislation that provides the framework for employees to report specific kinds of wrongdoing with legislated protection from reprisal. This process allows employees to safely and confidentially report any suspected wrongdoing in the workplace. PIDA is effective for all employees of Nicola-Similkameen School District effective 31st December 2023.
What is Wrongdoing?
PIDA deals with the following specific types of wrongdoing:
- 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 duties or functions);
- a serious misuse of public funds or public assets;
- gross or systemic mismanagement.
- knowingly directing or counselling a person to commit a wrongdoing described above.
Who can report wrongdoing under PIDA?
Current or former employees of the Nicola-Similkameen School District can report wrongdoing.
Who can provide advice to employees under PIDA?
An employee can seek advice about making a disclosure or a complaint about a reprisal from their supervisor, union or Nicola-Similkameen School District designated officer, a lawyer, or the BC Ombudsperson.
Can disclosures be made anonymously?
Yes. PIDA allows employees to make an anonymously disclosures. When making an anonymous disclosure it is essential to provide as much detail as possible about the wrongdoing. If insufficient details are provided, and the Nicola-Similkameen School District designated officer or the BC Ombudsperson does not have a way to contact the discloser, an investigation may not be conducted.
If an employee chooses to make a disclosure anonymously, their disclosure cannot contain any information which identifies the person who submitted it (such as their email address, personal address, or name).
If you 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 from reprisals to protect you if you make a disclosure.
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 is the role of the Ombudsperson Office under PIDA?
The Office of the Ombudsperson of British Columbia is an independent Office of the legislature and is responsible for providing information and advise to employees who are considering making a report under the Act. Protecting confidentiality of employees who seek advise or report wrongdoing under the Act. Investigate reports of wrongdoing under the Act received from employees or referred by the Designated Officer and investigate reprisals.