What is PIDA
The Public Interest Disclosure Act (PIDA or the Act) is whistleblower legislation. Its purpose is to provide employees within the school system a mechanism to raise serious, or systemic issues, or wrongdoing for investigation, without exposing those employees to any risk of retaliation.
Board of Education's Obligation
Effective, December 1, 2023, School District No. 59 (PRS) is obligated to receive, investigate and respond to complaints of wrongdoing that are made under the PIDA. For additional information, please refer to Board Policy and Regulation 3165 Public Interest Disclosure-Nov2021.pdf
Who may make a Disclosure?
Any Employee may report wrongdoing under this Procedure if the alleged wrongdoing occurred or was discovered while the employee was employed or engaged by the School District.
Reports received from members of the public, school trustees, or from employees who were not engaged by the School District at the time that wrongdoing occurred or is alleged to have occurred are outside the scope of this Procedure.
What conduct does PIDA apply to?
The PIDA is intended to encourage transparency, accountability and ethical decision making by creating a process for employees to report serious wrongdoing within an organization.
1. A serious act or omission that, if proven, would breach any laws of British Columbia or Canada.
2. 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 function).
3. A serious misuse of public funds or public assets.
4. Gross or systemic management. Mismanagement is the inappropriate or irresponsible management of government resource, such as staff, a contract, or a project.
5. Knowingly directing or counselling a person to commit a wrongdoing described (1) to (4).
How does an employee make a Disclosure under PIDA?
1. An Employee who reasonably believes that a wrongdoing has been committed or is about to be committed may make a Disclosure to any of the following:
a. that person’s Supervisor;
b. the Superintendent;
c. a Designated Officer other than the Superintendent; or
d. The Ombudsperson.
2. A Disclosure should be submitted in writing using the Disclosure Form or in other written form, and include the following information if known:
a. a description of the wrongdoing;
b. the name of the person(s) alleged to be responsible for or to have participated in the wrongdoing;
c. the date or expected date of the wrongdoing;
d. if the wrongdoing relates to an obligation under a statute or enactment, the name of that statute or enactment; and
e. whether the wrongdoing has already been reported, and if so, to whom and a description of the response received.
3. A Disclosure may be submitted to the School District on an anonymous basis, but must contain sufficient information to permit the School District to conduct a full and fair investigation into the alleged wrongdoing. If a Disclosure does not contain sufficient detail to permit investigation, the School District may take no action with respect to the Disclosure. Any notices required to be given to a Discloser under this Policy or the PIDA will not be provided to an anonymous Discloser, except at the discretion of the Designated Officer and where the Disclosure has provided contact information.
4. A Discloser who is considering making a Disclosure may request advice from their union representative or employee association representative, a lawyer, their Supervisor, a Designated Officer, or the Ombudsperson.
5. A Discloser should not make a Disclosure to a person if the allegations relate, in whole or in part, to wrongdoing by that person, and any person who receives a Disclosure or Referral and reasonably believes that the allegations of wrongdoing relate to their own acts or omissions must refer the allegations of wrongdoing to another person under this Policy with responsibility for receiving a Disclosure.
Who is responsible for compliance with the PIDA?
PIDA vests responsibility for compliance with the “head” of the school district. All personal information that School District No. 59 (PRS) 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 the PIDA, and make available to the public, an annual report concerning all disclosures received, any investigation undertaken and findings of wrongdoing.
Annual PIDA Reporting
School District No. 59 (PRS) 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.
PIDA Resource Centre
Speaking up Safely – developed by the Ombudsperson for pubic sector employees
PIDA Training Video – created by the British Columbia Public School Employers’ Association
