GBT-P1 - Public Interest Disclosure (Whistleblower Protection)

The purpose of the Public Interest Disclosure (Whistleblower Protection) Act is to facilitate the disclosure and investigation of significant and serious matters in or relating to the public service, that are potentially unlawful, dangerous to the public or injurious to the public interest; and to protect persons who make those disclosures. The purpose of an 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.

Prairie Spirit School Division (PSSD) believes in the highest ethical standards for its personnel. Personnel must perform their duties and responsibilities with honesty and integrity while complying with all applicable laws and regulations. PSSD will make every reasonable effort to protect itself against wrongdoing and will establish and maintain a system that will ensure, to the fullest extent possible, the prevention and detection of wrongdoing.

The policy provides a formal means for PSSD personnel to raise concerns they have regarding wrongdoing in the areas covered in The Public Interest Disclosure (Whistleblower Protection) Act (PIDA). It also provides a framework for the disclosure and investigation of wrongdoing, as well as protection from reprisal or threat of reprisal for employees who make disclosures. It is intended to encourage employees at all levels of the organization to act with integrity.

All Division personnel are bound by the requirements of the Whistleblower Policy. Any activity in violation of the Policy may subject the violator to appropriate disciplinary action, which may include in the appropriate circumstance, termination of employment or legal action. The Whistleblower Policy is aligned with and supports the principles and expectations of the Board's Respect for Human Diversity (IJC-P0) as well as the Code of Conduct (CE-P1), Resolving Complaints (GBI-P1, KF-P0, KFA-P0, KFB-P0, KFC-P0),and Violence Prevention (CFA-P1). 

Responsibility to Report

This Policy applies to all employees of Prairie Spirit School Division. It is the responsibility of all Division personnel to report any evidence of violations, suspected violations or wrongdoings regarding:

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).

Any other stakeholder or member of the public, having an interest in PSSD, is encouraged to report such disclosures to Manitoba Ombudsman.

Reprisal

Reprisal means any of the following measures 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 The Public Interest Disclosure (Whistleblower Protection) Act: a disciplinary measure; a demotion; termination of employment; any measure that adversely affects their employment or working conditions; or a threat to take any combination of the measures listed above.

Protection from Reprisal

No person will 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 from their supervisor, Superintendent, or Secretary Treasurer, or the Ombudsman; made a disclosure; or cooperated in an investigation under The Public Interest Disclosure (Whistleblower Protection) Act.  Furthermore, the  division shall not terminate a contract, withhold a payment that is due and payable under a contract, or refuse to enter into a subsequent contract because a party to the contract or employee of the party to the contract (a non-employee of the division) has provided information to the Ombudsman about alleged wrongdoing under section 32 of PIDA.  The reprisal is an offence under section 33(4) of PIDA.  An employee or former employee who alleges that a reprisal has been taken against them may make a written complaint to the Ombudsman.

Annual Communication

The Superintendent must ensure that information about The Public Interest Disclosure (Whistleblower Protection) Act and the disclosure procedures are communicated annually to their employees. 

Disclosure Procedures

This Procedure is intended to encourage Division personnel to raise serious concerns regarding conduct within the Division.

An employee may submit a disclosure on a confidential basis in writing or in person. However, all disclosures must then be submitted on the Reporting Suspected Wrongdoing Form (Appendix A).

PSSD personnel should discuss concerns or submit disclosures to their immediate supervisor.  Disclosures received by supervisors must be referred to the Superintendent or Secretary Treasurer.  Disclosures may also be submitted directly to the Superintendent, Secretary Treasurer or Manitoba Ombudsman.

If the individual is not comfortable addressing the matter with their supervisor or the individual is not satisfied with their supervisor’s response, the individual is encouraged to address the matter with the Superintendent or Secretary Treasurer.  The employee may seek advice about PIDA from the Superintendent, or Secretary Treasurer, or Manitoba Ombudsman, however they are not required to do so before filing a disclosure of alleged wrongdoing. The employee is encouraged to seek advice in writing to establish reprisal protection.  School Administrators are required to report suspected violations to the Superintendent or Secretary Treasurer.

The employee’s identity will be protected (kept confidential to the extent possible) during the investigation of the disclosure. Ongoing communication will be maintained with the disclosing employee regarding the status of the investigation.  Reasonable steps will be taken to protect the identity of each person involved in the investigation, including the discloser, witnesses, and the employee alleged to be responsible for a wrongdoing.  

In all cases, the employee who is alleged to have committed the infraction will be made aware of the disclosure at an appropriate point during the investigation and will have an opportunity to respond to the allegations.

Protection from Reprisal:  The  division shall not terminate a contract, withhold a payment that is due and payable under a contract, or refuse to enter into a subsequent contract because a party to the contract or employee of the party to the contract (a non-employee of the division) has provided information to the Ombudsman about alleged wrongdoing (section 32 of PIDA). The reprisal is an offence under section 33(4) of PIDA. 

All Division personnel have a duty to cooperate in the investigation of a disclosure. The Superintendent or Secretary Treasurer may require an employee to produce any records relevant to an investigation and be interviewed for the purpose of the investigation. All disclosure files will be handled in a confidential manner, maintained in a secure location protected from unauthorized access.

Providing Details on the Subject Matter of the Disclosure

All employees must complete the Reporting Suspected Wrongdoing Form (Appendix A).

The employee should give as much information as possible on the subject matter so that the information is sufficient to enable a full investigation. The Public Interest Disclosure (Whistleblower Protection) Act in section 12 describes relevant information as:

• A description of wrongdoing

• The name of the person or persons alleged to

  • Have committed the wrongdoing, or

  • Be about to commit the wrongdoing

• The date of the wrongdoing

• Whether the wrongdoing has already been disclosed and a response received.

How the Disclosure will be Managed

Upon receiving a disclosure, the action taken will depend on the nature of the issue that has been reported. If the Superintendent or Secretary Treasurer determines that the disclosure does not fall under the authority of this Procedure, the disclosure will be addressed according to the appropriate Administrative Procedure(s). The discloser may be directed to file the appropriate administrative complaint themselves. If the disclosure is from someone other than an employee, they will be advised to file their disclosure with Manitoba Ombudsman.

The Superintendent or Secretary Treasurer will notify the employee and acknowledge receipt of the disclosure within 5 business days.  Disclosures will be investigated in accordance with the principles of procedural fairness and natural justice, and this applies to the discloser, the alleged wrongdoer, and any witnesses. 

Disclosures will be managed in one of the following ways (Note: The Superintendent or Secretary Treasurer may also refer the matter to another designated officer (i.e. in another public body) if that is applicable. :

• The Superintendent or Secretary Treasurer is responsible for investigating and resolving most disclosures under this Procedure. In some circumstances, these individuals may seek the assistance of other Division personnel or Manitoba Ombudsman in investigating the disclosure. For example, the Superintendent may enlist the assistance of the Secretary-Treasurer in a disclosure concerning a financial matter. Under no circumstances will a matter be referred to a person who is the subject of the disclosure or is otherwise an inappropriate person to assist with the investigation.  

• The Superintendent or Secretary Treasurer will address all reported concerns or disclosures regarding corporate accounting practices, internal controls or auditing. The Superintendent or Secretary Treasurer will notify the Board of any such disclosure and work with the Board until the matter is resolved.

• If the disclosure concerns the Superintendent or a trustee, the disclosure should be made directly to Manitoba Ombudsman

• Any disclosures where there may be a real, potential, or perceived conflict of interest or apprehension of bias on the part of the Superintendent or Secretary Treasurer, will be referred to the Manitoba Ombudsman.  The discloser would be informed of the referral.

• The Superintendent or Secretary Treasurer should take immediate action on disclosures containing allegations of serious or imminent risk.

Decision Not to Investigate

The Superintendent or Secretary Treasurer or Ombudsman may decide not to investigate a disclosure, or may cease an investigation, if he or she is of the opinion that:

• The subject matter of the disclosure could more appropriately be dealt with, initially or completely, according to a procedure provided 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 section 12 of The Public Interest Disclosure (Whistleblower Protection) Act; or

• The disclosure relates to a matter that could be more appropriately dealt with according to the procedures under a collective agreement or employment agreement; or

• There is another valid reason for not investigating the disclosure.

If the Superintendent or Secretary Treasurer or Ombudsman decides not to investigate or to cease investigating a disclosure, they must inform the employee who made the disclosure of the decision. In the case of a decision made by the Superintendent or Secretary Treasurer, they will also advise that the employee may make a disclosure to the Ombudsman.

Reporting the Outcomes of Investigations

Upon completing an investigation, the Superintendent or Secretary Treasurer or Ombudsman must prepare a report containing their findings and any recommendations about the disclosure and the wrongdoing. The Secretary Treasurer or Ombudsman must give a copy of the report to the Superintendent. When the matter being investigated involves the Superintendent, the Ombudsman must also give a copy of the report to the Chair of the School Board.

The Superintendent or Secretary Treasurer or the Ombudsman must inform the employee who made the disclosure of the results of the investigation. The Superintendent or Secretary Treasurer, or Ombudsman may do so in the manner and at the time they consider appropriate.

The Superintendent or Secretary Treasurer will be unable to notify the discloser of the status (decline or investigate) or the outcome when disclosures are made anonymously.  Or, if anonymity is desired, the employee can make their disclosure to Manitoba Ombudsman rather than using the internal process.

Each year, the Superintendent or Secretary Treasurer must prepare a report on any disclosures of wrongdoing that have been made to a supervisor of Prairie Spirit School Division.

The report must include the following information:

• The number of disclosures received and the number acted on and not acted on;

• The number of investigations commenced as a result of a disclosure;

• In the case of an investigation that results in a finding of wrongdoing, a description of the wrongdoing and any recommendations or corrective actions taken in relation to the wrongdoing or the reasons why no corrective action was taken.

The report must be included in a public annual report of the Division.

Preservation of Records

PSSD will retain as part of their confidential records, any disclosures and any resulting investigations according to School Division Records Management (EJB-P0 & EJB-P1). This will include the making of written summaries of any oral disclosures. 

Acting in Good Faith

Employees are required under this Procedure to act in good faith when making a disclosure. The employee must have reasonable grounds to believe a wrongdoing or potential wrongdoing has occurred. Employees are encouraged, supported and protected when bringing forward serious matters relating to the Division that could be unlawful or dangerous to the public.