Public Interest Disclosure (Whistleblower Protection) Act Information for Employees

What is the purpose of the Public Interest Disclosure (Whistleblower Protection) Act? It facilitates the disclosure of significant and serious matters that an employee believes may be unlawful, dangerous to the public or injurious to the public interest It provides confidentiality for employees when seeking advice or making a disclosure of wrongdoing It provides a safe and official process for employees to report wrongdoing without fear of job-related reprisal It enables appropriate corrective action to be taken when wrongdoing is found and allows for remedies for employees who have suffered reprisals

What is “WRONGDOING”? The Act defines a “wrongdoing” as: A contravention of an Act or Regulation An act or omission that creates a substantial and specific danger to the life, health or safety of individuals, or to the environment Gross mismanagement that shows a reckless or willful disregard for the proper management of: public funds, public assets, the delivery of a public service, or employees as the result of a culture of systemic harassment, bullying or intimidation Counselling a wrongdoing

What do I do if I suspect wrongdoing? Step 1: Become Informed: Review internal whistleblower policy and procedures Visit the Public Interest Commissioner’s website at: www.yourvoiceprotected.ca Step 2: Seek advice: Speak with your supervisor – if appropriate Speak with your designated officer Speak with an investigator from the Office of the Public Interest Commissioner by calling 1-855-641-8659

How do I report wrongdoing? Internally to the designated officer following the internal procedures or To the Public Interest Commissioner using the online complaint form available at www.yourvoiceprotected.ca

Who is the Designated Officer? The designated officer is the individual within your organization responsible for receiving and investigating disclosures of wrongdoing made by employees in accordance with the Act. Who is the Public Interest Commissioner? The Public Interest Commissioner is an independent officer of the Alberta Legislature appointed under the Act, and is responsible for investigating disclosures of wrongdoing and complaints of reprisal made by employees.

What happens after a disclosure of wrongdoing is made? The designated officer or the Public Interest Commissioner will: Protect your identity and the identity of witnesses Contact you to review the disclosure to identify the facts and to obtain an understanding of the issues Assess the disclosure to establish that it relates to a wrongdoing Notify you within twenty days whether your disclosure will be investigated Notify you of the outcome once the investigation has concluded Provide a final report that may include recommendations for corrective action to the head of your organization

What is a “REPRISAL”? Any measure that adversely affects the employment or working conditions of an employee who has: Sought advice about making a disclosure Made a disclosure Cooperated with an investigation under the Act Declined to participate in a wrongdoing, or Done anything in accordance with the Act A reprisal is an offence under the Act

How do I report a reprisal? Investigations of reprisals are the exclusive jurisdiction of the Public Interest Commissioner Complaints of reprisal may be made using the form available on the Public Interest Commissioner’s website at www.yourvoiceprotected.ca.

What happens after a complaint of reprisal is made? The Public Interest Commissioner will: Contact you to review the complaint Notify you within twenty days whether your complaint will be investigated Notify you of the outcome once the investigation has concluded Provide a final report with recommendations for corrective action to the head of your organization If the Commissioner finds a reprisal has occurred, the matter will be referred to the Department of Justice for consideration of prosecution, and to the Labour Relations Board for consideration of remedies

Why am I being made aware of this legislation? Our organization supports a culture where management and employees share a common goal of detecting and remedying wrongdoing, and whistleblowers are protected and appreciated for helping their organization.