FAQ
- What is the purpose of PIDA?
- Who does PIDA apply to?
- What is a wrongdoing?
- What is a reprisal?
- How do I make a disclosure of wrongdoing?
- Can someone other than an employee of a public body, disclose a wrongdoing?
- How do I make a reprisal complaint?
- How am I protected?
- Seeking Advice
- If a situation is urgent, can I make a 'public' disclosure?
- Are disclosures of wrongdoing reported to the public?
1. What is the purpose of PIDA?
PIDA was created for two primary purposes:
- to facilitate the disclosure and investigation of significant and serious matters in or relating to public bodies (referred to as “wrongdoing”)
- to protect employees who make disclosures against reprisal action
2. Who does PIDA apply to?
Hundreds of public bodies currently fall under the jurisdiction of PIDA, including:
- Provincial government departments, offices, and agencies
- Crown corporations (ex: Manitoba Hydro, Manitoba Public Insurance)
- Independent offices of the Legislative Assembly of Manitoba (ex: Office of the Auditor General Manitoba, Manitoba Advocate for Children and Youth, Manitoba Ombudsman)
- Boards and commissions (ex: Workers Compensation Board, Residential Tenancies Commission)
- Child and family services agencies and authorities
- Regional health authorities
- Hospitals and other medical facilities
- Personal care homes, residential care facilities, social housing services
- Correctional centres
- Universities and colleges
- Any government body designated by regulation
3. What is a wrongdoing?
Wrongdoing is defined as:
- 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
- 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
- gross mismanagement, including of public funds or a public asset
- knowingly directing or counselling a person to commit a wrongdoing as described above
4. What is a reprisal?
A reprisal is defined as taking, directing or counseling someone to take or direct:
- a disciplinary measure
- a demotion
- termination of employment
- any measure that adversely affects his or her employment or working condition
- a threat to take any of the measures listed above
A reprisal is an offence under PIDA, and anyone who reprises against an employee for taking an action noted above (see: What is a reprisal?), is liable to prosecution under PIDA.
5. How do I make a disclosure of wrongdoing?
If you are an employee of an organization covered by PIDA, (see: Who does PIDA apply to?) you may make a disclosure of wrongdoing to your supervisor, designated officer or the Manitoba Ombudsman.
Designated officers are responsible for receiving disclosures within their organization. Organizations within the jurisdiction of PIDA are required to have internal procedures in place to receive and investigate disclosures.
Disclosures must be in writing and should include the following information, if known:
- a description of the wrongdoing
- the name of the alleged wrongdoer(s)
- the date of the wrongdoing
- whether the wrongdoing has already been disclosed and a response received
6. Can someone other than an employee of a public body, disclose a wrongdoing?
Anyone not employed by a public body who believes that a wrongdoing has been committed, can make a disclosure to the Manitoba Ombudsman. This includes private sector employees and anyone contracting with government.
To find out more about how to make a disclosure to the Manitoba Ombudsman please visit their website.
No person acting or purporting to act on behalf of government, a government body or an office shall:
- terminate a contract
- withhold payment that is due and payable under a contract
- refuse to enter into a subsequent contract
as a result of a private sector employee providing information, in good faith, to the Manitoba Ombudsman.
7. How do I make a reprisal complaint?
Any employee or former employee who believes they have been reprised against (see: What is a reprisal?) must make a written complaint of reprisal directly to the Manitoba Ombudsman before making a complaint to the Manitoba Labour Board.
8. How am I protected?
PIDA protects employees from reprisal who have, in good faith:
- requested advice about making a disclosure from a supervisor, designated officer, or the Manitoba Ombudsman
- made a disclosure under PIDA
- cooperated in an investigation under PIDA
Everyone involved in the handling and investigation of a disclosure are responsible for maintaining the confidentiality of any information they receive throughout the process.
PIDA requires everyone involved in the investigation to protect the identity of a whistleblower and prohibits the disclosure of the whistleblower's identity in a civil court proceeding, or a proceeding of an administrative tribunal.
9. Seeking Advice
An employee who is considering making a disclosure of wrongdoing, may request advice from their designated officer, or the Manitoba Ombudsman. Employees are protected from reprisal under PIDA when seeking advice.
The designated officer or the Manitoba Ombudsman may require the request to be in writing.
10. If a situation is urgent, can I make a ‘public' disclosure?
Yes. Under subsection 14 (1) of PIDA, an employee may make a disclosure to the public where the subject matter constitutes an imminent risk of a substantial or specific danger to the life, health or safety of individuals, or to the environment.
Before making a public disclosure of wrongdoing, employees must:
- first make the disclosure to an appropriate law enforcement agency or, if it is a health-related matter, to the chief medical officer of health
- follow any direction that the law enforcement agency or chief medical officer of health considers necessary in the public interest
- immediately after the public disclosure is made, make a disclosure about the matter to the employee's supervisor or designated officer
11. Are disclosures of wrongdoing reported to the public?
Yes. The chief executive of the respective public body must prepare, on an annual basis, a report on any disclosures of wrongdoing made to a supervisor or designated officer of the public body for which the chief executive is responsible. Section 18 (2) of PIDA details the minimum information to be included in the report.
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The
Public Interest Disclosure (Whistleblower Protection) Act
Regulations (pdf)
PIDA Procedures (pdf)
Disclosure of Wrongdoing Form (pdf)
Disclosure of Wrongdoing Form - Fillable (pdf)
List of Designated Officers (pdf)
Disclosure Statistics (pdf)
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