More about the Public Interest Disclosure Act (PIDA) – FAQ

Do all disclosures get investigated?

No. PIDA outlines several situations where an investigation is not required, including when:

• the subject matter of the disclosure could more appropriately be dealt with, initially or completely, according to a procedure provided for under another act.
• the disclosure is frivolous or vexatious, or has not been made in good faith or does not deal with a sufficiently serious subject matter.
• so much time has elapsed between the date when the subject matter of the disclosure arose and the date when the disclosure was made that investigating it would not serve a useful purpose.
• the disclosure relates to a matter that results from a balanced and informed decision-making process on a public policy or operational issue.
• the disclosure does not provide adequate particulars about the wrongdoing as required by the act.
• the disclosure relates to a matter that could more appropriately be dealt with according to the procedures under a collective agreement or employment agreement.

How am I protected from reprisal if I make a disclosure?

It is an offence, punishable by a fine of up to $10,000, for any person to take a reprisal against an employee, or direct that one be taken against an employee, because the employee has, in good faith:

• sought advice about making a disclosure
• made a disclosure; or
• cooperated in an investigation under PIDA

Any employee or officer within a public body may file a written complaint to our office with if they believe reprisal action has been taken against them. 

What does the ombudsman do if they find that a wrongdoing has occurred?

PIDA specifies that the purpose of an ombudsman investigation into a disclosure of wrongdoing is to bring the wrongdoing to the attention of the appropriate public body and to recommend corrective measures that should be taken.

Upon completing an investigation, the ombudsman must prepare a report containing his or her findings and any recommendations about the disclosure and the wrongdoing.

If recommendations are made, the ombudsman may request that the public body notify him or her, within a specified time, of the steps it has taken or plans to take in response to the recommendations.

Will I find out about the results of an investigation?

Yes, if you are the person who made the disclosure. The ombudsman or designated officer must inform the employee (or person making the disclosure) of the results of the investigation in a manner and at the time considered appropriate. In certain cases if it is in the public interest to do so, the ombudsman may publish a special report relating to an investigation.