Policies Table of Contents

 

BOARD POLICY 13: PUBLIC INTEREST DISCLOSURE (Whistleblower Protection)

Preamble

In accordance with the Public Interest Disclosure Act (Whistleblower Protection), the Board encourages good faith reporting of any perceived wrongdoings as defined below.

  1. Perceived Wrongdoings Involve:

1.1 a contravention of a legislative Act of Alberta or Canada or the regulations related to those acts, or an act or omission that creates substantial and specific danger to the life, health and safety of individuals other than a danger that is inherent in the performance of duties of functions of an employee, and/or

1.2 a substantial and specific danger to the environment, and/or

1.3 gross mismanagement of public funds or a public asset,

1.4 and/or knowingly directing or counselling an individual to commit one of the wrongdoings listed above.

  1. Good Faith

An employee who, in good faith seeks advice about making a disclosure, makes or made a disclosure, co-operated in an investigation, or declined to participate in wrong-doing
will not be subject to actions or threats of dismissal, layoff, suspension, demotion, transfer, discontinuation or elimination of a job, change of job location, reduction in wages, change in hours of work, or reprimand, or any other measure that adversely affects the employee’s employment or working conditions.

3.Written Complaints

3.1 An employee may make a written complaint to the Public Interest Commissioner if the employee alleges that a reprisal has been taken or directed against the employee. Such a written complaint must, according to the Act, be made on the Complaint of Reprisal Form (https://www.pic.alberta.ca/files/Complaint-of-Reprisal- Form.pdf.)

3.2 Reasonable human resource management decisions made in good faith do not constitute a reprisal.

  1. Disclosure

Disclosures of wrong-doing must be made to the Superintendent in writing, or to the Board Chair in the event there is a conflict of interest. The Public Interest Disclosure (Whistleblower Protection) Act Disclosure Form (https://www.pic.alberta.ca/files/Online-Disclosure-Form.pdf) outlines the information required in a disclosure.

  1. Imminent Risk

Disclosures of matters dealing with “imminent risk” (matters that require immediate attention as they pose a significant risk to public health or safety, or a danger to the environment) must be made directly to the Public Interest Commissioner who will then communicate with the appropriate authorities. The employee must also disclose the wrongdoing to the Designated Officer as soon as practicable thereafter.

  1. Anonymous disclosures may be dealt with, recognizing that an investigation may be hampered by the request for anonymity.
  2. A disclosure of wrongdoing or complaint of reprisal shall be acknowledged not more than five (5) business days from the date on which the disclosure of wrongdoing or complaint of reprisal is received.
  3. The employee who submitted a disclosure of wrongdoing or complaint of reprisal shall be advised no more than ten (10) business days from the date on which the disclosure of wrongdoing, or complaint of reprisal is received, of whether an investigation will be made.
  4. Investigations

9.1 Upon receiving a disclosure, the Superintendent, or if a conflict of interest, the Board Chair shall determine whether or not an investigation is warranted.

9.2 The Superintendent will report any instances of disclosure requiring investigation to the Board Chair, and/or to outside law enforcement, where necessary.

9.3 An investigation may involve both internal and external sources to assist in determining whether wrongdoing has occurred and what corrective action may be appropriate.

9.4 Confidentiality of the disclosure of wrongdoing shall be maintained to the extent possible consistent with the need to conduct an adequate investigation.

9.5 Investigations shall be conducted in accordance with the principles of fairness and natural justice.

9.6 An investigation must be concluded not more than 100 business days from the date on which the disclosure of wrongdoing or complaint of reprisal is received. The employee who submitted a disclosure of wrongdoing or complaint of reprisal shall be advised of the result of the investigation in writing.

9.7 These timelines may be extended by up to 30 days by the Superintendent, or for a longer period of time if approved by the Public Interest Commissioner.

 

Adopted: April 2023

Reviewed: April 2024

References: Public Interest Disclosure (Whistleblower Protection) Act