Policy #19: Public Interest Disclosure (Whistleblower Protection)
19.1 PURPOSE:
The purpose of this Policy is to ensure public interest disclosure practices within Sunrise School Division are consistent with the Public Interest Disclosure (Whistleblower Protection) Act.
19.2 SCOPE:
This Policy is intended for all persons employed or contracted by Sunrise School Division, as well as members of the Board, and volunteers on the premises and in Sunrise School Division establishments, as well as for all activities affiliated with Sunrise School Division.
19.3 RESPONSIBILITIES:
The Public Interest Disclosure (Whistleblower Protection) Act protects individuals who report certain "wrongdoings" in or related to Sunrise School Division as:
(a) an act or omission constituting an offence under an Act of the Legislature or the Parliament of Canada, or a regulation made under an Act;
(b) an act or omission that creates a 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 the duties or functions of an employee;
(c) gross mismanagement, including of public funds or a public asset;
(d) knowingly directing or counselling a person to commit a wrongdoing described in clauses (a) to (c).
19.3.1 Responsibilities of Sunrise School Division:
The Sunrise School Division appoints a senior officer as the designated officer for the purposes of this Act. The designated officer for Sunrise School Division is the Human Resources Director. The Sunrise School Division also ensures that information regarding this Act and the disclosure rules are widely disseminated annually to Sunrise School Division employees.
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19.3.2 Disclosure By Employee
If an employee reasonably believes that he or she has information that could show that a wrongdoing has been committed or is about to be committed, the employee may make a disclosure to
(a) the employee's supervisor;
(b) the employee's designated officer; or
(c) the Ombudsman.
19.3.3 The Designated Officer and the Investigative Authority
The designated officer is responsible for investigating disclosures made directly to him/her by any Sunrise School Division employee or by any Sunrise School Division employee's superior. The designated officer may consult with the Ombudsman, the Superintendent and/or any other person who, in his/her view, should be involved in the management of an investigation. The designated officer has the power to compel an employee to produce documents and to be questioned as part of an investigation.
The supervisor to whom an employee makes a disclosure refers the matter promptly to the designated officer, the Sunrise School Division Human Resources Director. The designated officer is responsible for investigating any disclosure of "wrongdoing" as defined by the Public Interest Disclosure (Whistleblower Protection) Act. The designated officer and any other person involved in the management of a disclosure is under an obligation to take reasonable steps to protect the identity of the accused, disclosers and witnesses. The designated officer must take reasonable steps to protect the procedural rights of the persons participating in the investigation.
The designated officer or Ombudsman may decide not to investigate or may cease an investigation of a disclosure if he or she concludes that the disclosure is not consistent with the definition of wrongdoing under the Act or that the disclosure is vexatious and unfounded.
The designated officer, in consultation with the Ombudsman as deemed necessary, determines how investigative results are communicated back to the person(s) who disclosed information of wrongdoing.
If the designated officer receives a complaint of retaliation for disclosure, the complaint must be submitted to the Ombudsman.
References:
The Public Interest Disclosure Act
Sunrise School Division Board Policy Manual
Policy 6 – Board Policy Development, Review and Amendment Processes
Date Adopted: November 2019
Date Amended: