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PIDA FAQ

What can a disclosure under PIDA be about?

A disclosure can be made about a "wrongdoing". A wrongdoing is a very serious act or omission that is defined by PIDA as:

• an act or omission that is an offence under another law
• an act or omission that creates a specific and substantial danger to the life, health or safety of persons or the environment
• gross mismanagement, including mismanagement of public funds or a public asset (government property)

PIDA also includes "knowingly directing or counselling a person to commit a wrongdoing" as a wrongdoing.

A wrongdoing does not include routine operational or human resource issues.

Which public bodies can I make a disclosure about?

• provincial government departments
• Crown corporations
• boards and commissions
• child and family services authorities and agencies
• regional health authorities
• hospitals
• personal care homes
• universities
• colleges
• school divisions and districts
• municipalities identified by regulation under the act
• independent offices of the Legislative Assembly of Manitoba
• some other organizations that receive at least 50% of their operating costs from government funds

The PIDA regulation identifies the health, education, municipalities and other public bodies to which PIDA applies.

Who can make a disclosure of wrongdoing?

Any employee or officer of any of the organizations covered by PIDA can make a disclosure of wrongdoing.

Anyone else not employed in the public service who believes that a wrongdoing has been committed or is about to be committed can also make a disclosure.

To whom can I make a disclosure?

If you are an employee or officer, a disclosure of wrongdoing can be made to one of three people:

• your supervisor
• the designated officer for your organization (each public body covered by PIDA has a designated officer)
• Manitoba Ombudsman

If you are not an employee of one of the organizations covered by PIDA, you may make a disclosure to Manitoba Ombudsman.

A list of designated officers for provincial government departments is maintained on the Civil Service Commission's website at:

http://www.gov.mb.ca/csc/whistle/index.html

Must the disclosure be in writing?

Yes, PIDA requires that disclosures be made in writing. If you are making a disclosure to the ombudsman, write a letter to us or print a "Disclosure of Wrongdoing" form from our website, or request a copy by calling 204-982-9130. You can also make a disclosure using our secure online disclosure form.

What information must I include in my disclosure?

A disclosure must include:

• a description of the 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.

Can a disclosure be made anonymously?

Yes, but it can be difficult to investigate a disclosure without confirming details about the alleged wrongdoing with you.

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.

What is reprisal?

"Reprisal" refers to any of the following measures taken against an employee because the employee has sought advice about making a disclosure, made a disclosure, or cooperated in an investigation:

• a disciplinary measure
• a demotion
• termination of employment (being fired)
• any measure that adversely affects employment or working conditions
• a threat to take any of the above measures

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 with if they believe reprisal action has been taken against them. Write a letter to us or print a Complaint of Reprisal Form from our website, or request a copy by calling 204-982-9130. Manitoba Ombudsman may investigate the complaint in the same manner as a disclosure.