Whistleblowing for Public Bodies
The Public Interest Disclosure (Whistleblower Protection) Act (PIDA) gives government employees and others a clear process for disclosing significant and serious wrongdoing in the Manitoba public service and to provide protection from reprisal.
Public bodies subject to PIDA
PIDA applies to provincial government departments, crown corporations, health authorities, child and family services agencies and authorities, universities, personal care homes, school divisions and districts, municipalities identified by regulation under the act and the independent offices of the legislative assembly. It also applies to designated bodies, where at least 50 per cent of the funding of the organization is provided by the government. This includes child-care centres, agencies that provide support services to adults and children, social housing services, family violence crisis shelters and licensed or approved residential-care facilities.
Municipalities can opt in to PIDA and should contact the Public Service Commission if interested in doing so.
PIDA identifies the ombudsman as one of the parties to whom a disclosure may be made and sets out other specific duties in responding to disclosures, investigating allegations of wrongdoing, and reporting on activities arising from PIDA.
A disclosure of wrongdoing can be made to any of the following:
- A supervisor
- The public body’s PIDA designated officer (every public body covered by PIDA has one)
- Manitoba Ombudsman
The disclosure must include details of the wrongdoing that has been committed or is about to be committed.
Those who are not employees of a public body, but believe they have information a wrongdoing has been committed or is about to be committed by a public body, can make a disclosure to Manitoba Ombudsman.
Public body responsibilities
- The chief executive establishes procedures as required by PIDA
- The chief executive names a senior official to act as the PIDA designated officer to receive and deal with disclosures from employees. We strongly encourage this to be someone other than senior human resources personnel as there may also be human resources processes related to the matter investigated.
- Information to employees about PIDA and procedures is widely communicated annually.
- Fulfil the requirement for annual reporting on disclosures made internally by employees to supervisor or designated officer. The report must be included in the annual report if the annual report is made public, or available to the public upon request.
Developing procedures
Designated officers and supervisors have access to procedures and sample templates to assist them with the development of their own internal procedures to appropriately deal with disclosures of wrongdoing. The establishment of such procedures is a requirement of PIDA. Useful templates and information in this regard can be found on the Public Service Commission’s website.
Manitoba Ombudsman is available to provide consultation and guidance on your developed policies and procedures or for additional training and education on PIDA.
Procedures should include:
- Purpose
- Roles and responsibilities
- What is wrongdoing
- How to report wrongdoing
- What is reprisal
- How to report reprisal
- Supervisor procedures for receiving disclosures of wrongdoing
- Designated officer’s procedures for managing and investigating disclosures of wrongdoing
- Annual reporting
Other things to consider:
- Establish fixed dates for annual communication about PIDA and the procedures
- Create a culture where employees are encouraged to raise concerns through internal or external process
- Manage disclosures and investigations separate from the human resource process
- Focus on the allegation(s) and not the source
- Ensure supervisors are familiar with PIDA and their role
- Provide clear communication about the decision when there may be a more appropriate policy and procedure for handling the concern/allegation
- Provide Manitoba Ombudsman’s contact information for advice, consultation or to make disclosures of wrongdoing or complaints of reprisal.
Requesting an exception
Organizations that may be too small to implement all the requirements of PIDA may seek an exception from the ombudsman. While an exception may be discussed and achieved, there are still requirements the organization is required to follow.
If you feel your organization is too small to apply the full scope of PIDA requirements, please contact the office at ombudsman@ombudsman.mb.ca to arrange for a consultation.