What is PIDA?
As of December 1, 2024, post-secondary institutions in British Columbia are subject to the Public Interest Disclosure Act (PIDA). PIDA provides a way for public sector employees to report serious or systemic Wrongdoing with protections from Reprisal. UBC’s PIDA Policy sets out our process for doing so.
The PIDA Policy does not replace UBC’s other established policies for dealing with improper conduct, including the Sexual Misconduct Policy, Discrimination Policy, Scholarly Integrity Policy, and the Financial Investigations Policy. Employees who become aware of misconduct are encouraged to report it in accordance with these policies, if applicable. If the employee believes that the conduct constitutes Wrongdoing, and does not wish to report it under another policy, they may make a Disclosure under the PIDA Policy.
What is Wrongdoing?
Wrongdoing is defined under PIDA as:
- A serious act or failure to act that, if proven, would constitute an offence under an enactment of BC or Canada,
- An act or failure to act 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 an employee’s duties or functions,
- A serious misuse of public funds or public assets,
- Gross or systemic mismanagement, or
- Knowingly directing or counselling a person to do any of the above.
The following examples are likely Wrongdoing:
- Substantial theft of UBC assets or property
- Dumping hazardous waste materials
- Serious financial or other fraud
- Ignoring repeated complaints about unethical or unlawful practices
- Directing employees to bypass safety protocols
The following examples are likely not Wrongdoing:
- Interpersonal disputes or conflict between employees
- Minor administrative or accounting errors
- Safety hazards that are promptly addressed when discovered
Making a Disclosure of Wrongdoing
If an employee believes that Wrongdoing has been or will be committed, they can:
- Seek advice: If an employee is considering making a Disclosure, they can first seek confidential advice from:
- A union or employee association representative, if applicable,
- A lawyer retained by the employee,
- Their supervisor,
- The Director of Investigations, or
- The BC Ombudsperson.
- Make a Disclosure: Disclosures must be made in writing to one of the following:
- The employee’s supervisor,
- The Director of Investigations, or
- The BC Ombudsperson.
Employees may make a Disclosure anonymously, but the Disclosure must contain:
- Sufficient information to determine that the Discloser is or was a UBC employee, and
- Sufficient details about the Wrongdoing to enable UBC to investigate. Think: who, what, where, and when?
Managing Disclosures
Upon receipt of a Disclosure, the Director of Investigations will do one of the following:
- Refer the Disclosure for investigation
- Refer the Disclosure for action under another appropriate UBC policy or process
- Provide written reasons for declining to investigate the Disclosure
How does UBC protect employees from Reprisals?
Reprisals are any adverse measures that impact an employee’s working conditions, that are taken because they sought advice, made a Disclosure, cooperated with an investigation, or made a complaint about Reprisal under the PIDA Policy. Reprisals are prohibited.
Employees who are concerned about Reprisals can advise the Director of Investigations. The Director of Investigations will assess the risk of Reprisal, and may implement measures to prevent Reprisal. Examples of protective measures include:
- Removing the Discloser from the supervision of a particular individual,
- Transferring the Discloser to another department, or
- Changing the Discloser’s performance evaluators.
If an employee experiences Reprisal, they can report it to the Director of Investigations, or the BC Ombudsperson. They may also wish to contact their union or employee association.