On December 1, 2024, the scope of the Public Interest Disclosure Act, SBC 2018, c. 22 (the “Act”) was expanded to apply to WorkSafeBC and six research universities, marking the final stage of the Act’s implementation. The Act was introduced through a five-year phased approach across the public sector since it came into force on December 1, 2019. It currently applies to government, tribunals, Crown corporations, health authorities, public schools and post-secondary institutions.
The Act provides employees in the public sector with a mechanism to raise serious or systemic issues of wrongdoing for investigation, while expressly protecting these employees from retaliation. The Act supplements existing channels within public sector organizations for employees to report wrongdoing, such as internal policies and procedures. Under the Act, employees may disclose the following types of wrongdoing to their supervisor, the designated officer within their organizations, or to the Office of the Ombudsperson:
(a) a serious act or omission that, if proven, would constitute an offence under an enactment of BC or Canada;
(b) 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;
(c) a serious misuse of public funds or public assets;
(d) gross or systemic mismanagement; and
(e) knowingly directing or counselling a person to commit a wrongdoing described above.
Public sector employers should have policies in place to address disclosures of wrongdoing under the Act, and processes for the investigation of such disclosures. Employees who choose to make a disclosure under the Act are protected from reprisal as long as the disclosure is made in good faith.
The Act also contains transparency measures, requiring organizations to report annually on the number of disclosures received, the number of investigations commenced, and the outcomes of any investigations that resulted in a finding of wrongdoing. Annual reports must be anonymized and made publicly available.
If you require advice or assistance in creating policies and procedures as required under the Act, please contact us.
