Administrative Procedure

AP-730 — Public Interest Disclosure (Whistleblower Protection)

Section Seven: Personnel and Employee Relations

Effective Date: November 2, 2015 Last Reviewed: January 17, 2022

Background

Public school divisions are public entities to which the Public Interest Disclosure Act (PIDA) applies. The Board of Trustees is therefore required under Section 5(1) of PIDA to establish and maintain written practices for managing and investigating disclosures by employees of the Board. Those practices are as constituted in this Administrative Procedure.

Definitions

• "PIDA" means the Public Interest Disclosure (Whistleblower Protection) Act

• "chief officer" means the superintendent of schools;

• "designated officer" means person designated below to manage and investigate disclosures under PIDA;

• "commissioner" means the Public Interest Commissioner appointed under PIDA;

• "employee" means an individual employed by the school board;

• "disclosure" means a disclosure of wrongdoing made in good faith by an employee under PIDA and this [policy/procedure];

• "wrongdoing" means:

  (a) a contravention of an Act, a regulation made pursuant to an Act, an Act of the Parliament of Canada or a regulation made pursuant to an Act of the Parliament of Canada,

  (b) an act or omission that creates: (i) a substantial and specific danger to the life, health or safety of individuals other than a danger that is inherent in the performance of the duties or functions of an employee, or (ii) a substantial and specific danger to the environment,

  (c) gross mismanagement, including an act or omission that is deliberate and that shows a reckless or wilful disregard for the proper management of (i) public funds or a public asset (ii) the delivery of a public service, including the management or performance of (A) a contract or arrangement identified or described in the regulations including the duties resulting from the contract or arrangement or any funds administered or provided under the contract or arrangement, and (B) the duties and powers resulting from an enactment identified or described in the regulations or any funds administer or provided as a result of the enactment, or (iii) employees, by a pattern of behaviour or conduct of a systemic nature that indicates a problem in the culture of the organization relating to bullying, harassment or intimidation;

  (d) knowingly directing or counselling an individual to commit a wrongdoing mentioned above.

• "reprisal" means any adverse employment action taken against an employee who seeks advice on making a disclosure, makes a disclosure, or co-operates in an investigation of wrongdoing, or declines to participate in a wrongdoing in accordance with PIDA. Examples of reprisal include dismissal, layoff, suspension, demotion or transfer, discontinuation or elimination of a job, reduction in wages, change in hours of work or reprimand, any other measure that adversely affects the employee's employment or working conditions (e.g., bullying), and threats to do any of the above.

Procedures

1. Reason for Administrative Procedure

The Province of Alberta has enacted the Public Interest Disclosure Act ("PIDA") in order to:

• Facilitate the disclosure and investigation of significant and serious matters in or relating to public bodies, including school boards, that an employee believes may be unlawful, dangerous to the public, or injurious to the public interest;
• Protect employees who make those disclosures;
• Manage, investigate and make recommendations respecting disclosures of wrongdoings and reprisals
• Promote public confidence in the administration of public bodies.

2. Designation of Chief Officer

The Superintendent of Schools is designated the Chief Officer for the purpose of the overall administration and reporting required under PIDA.

3. Designation of Designated Officer

The Assistant Superintendent, Support Services, is designated the Designated Officer for the purpose of administering and investigating disclosures under PIDA.

4. Application

1. This policy applies to wrongdoings in or relating to Grasslands School Division, its schools, departments and employees that involve:
   1. a contravention of an Act of Alberta or Canada or the Regulations related to those acts, or
   2. an act or omission that creates substantial and specific danger to the life, health or safety of individuals other than a danger that is inherent in the performance of the duties of functions of an employee, or
   3. a substantial and specific danger to the environment, or
   4. gross mismanagement of public funds or a public asset, the management or performance of a contract or arrangement, or a pattern of behaviour or conduct of a systemic nature that indicates a problem in the culture of the organization relating to bullying, harassment or intimidation, or
   5. knowingly directing or counseling an individual to commit one of the wrongdoings listed above.
2. No Reprisals

Any employee who, in good faith:

• seeks advice about making a disclosure,
• makes or who has made a disclosure,
• co-operates in an investigation, or
• declines to participate in a wrongdoing,

will not as a result of these acts be subject to actions or threats of dismissal, layoff, suspension, demotion, transfer, discontinuation or elimination of a job, change of job location, reduction in wages, change in hours of work, or reprimand, or any other measure that adversely affects the employee's employment or working conditions.

3. Alleged Reprisal

An employee may make a written complaint to the Public Interest Commissioner (hereafter referred to as "the Commissioner") if the employee alleges that a reprisal has been taken or been directed against the employee. Written complaints must, according to PIDA, be made on the "Complaint of Reprisal Form" https://yourvoiceprotected.ca/for-employees/reprisal-form/

4. Reasonable Management Decisions

Reasonable human resource management decisions made in good faith do not constitute a "reprisal".

5. Disclosure

1. Disclosures of wrongdoing must be made to the Assistant Superintendent, Support Services (the Designated Officer) in writing. The Public Interest Disclosure Form outlines the information required in a disclosure of wrongdoing or reprisal (Policy Attachment)
2. In the event that disclosure to the Assistant Superintendent, Support Services is not appropriate due to conflict of interest, with respect to the nature of the disclosure or the person involved, the Designated Officer shall request the Chief Officer to designate an alternative Designated Officer for the disclosure. The alternative Designated Officer shall have all the powers of the Designated Officer for the purpose of this disclosure.
3. In the event of a disclosure to the Designated Officer concerning the conduct of the Chief Officer, or concerning which the Chief Officer has a conflict of interest, the Designated Officer shall:
   1. advise the Board Chair of the nature of the disclosure, whereupon the Board of Trustees may authorize an investigation into the disclosure; and
   2. advise the Commissioner of the disclosure and its referral to the Board of Trustees, and seek advice from the Commissioner concerning whether the disclosure should be referred to the Commissioner.
4. Disclosures of matters dealing with "imminent risk" (matters that require immediate attention as they pose significant risk to public health or safety, or a danger to the environment) must be made directly to the Public Interest Commissioner, who will then communicate with the appropriate authorities. The employee must also disclose the wrongdoing to the Designated Officer, as soon as practicable thereafter.
5. Anonymous disclosures may be dealt with, but an investigation may be hampered by the request for anonymity.

6. Investigation

1. Upon receiving a disclosure, the person receiving the disclosure shall determine whether or not an investigation is warranted.
2. An investigation may involve both internal and external sources to assist in determining whether a wrongdoing has occurred and what corrective action may be appropriate.
3. Confidentiality of the discloser of a wrongdoing shall be maintained to the extent possible consistent with the need to conduct an adequate investigation.
4. Investigations shall be conducted in accordance with the principles of fairness and natural justice.

7. Timelines

1. A disclosure of wrongdoing or complaint of reprisal shall be acknowledged not more than five (5) business days from the date on which the disclosure of wrongdoing or complaint of reprisal is received.
2. The employee who submitted a disclosure of wrongdoing or complaint of reprisal shall be advised no more than 20 business days from the date on which the disclosure of wrongdoing or complaint of reprisal is received of whether an investigation will be made.
3. An investigation must be concluded and a report provided to the Chief Officer and the Public Interest Commissioner, in writing, not more than 120 business days from the date on which the disclosure of wrongdoing or complaint or reprisal is received.
4. These timelines may be extended by up to 30 days by the Superintendent, or for a longer period of time if approved by the Public Interest Commissioner.

8. Reporting

1. The Designated Officer shall provide a written investigation report to the Chief Officer detailing whether the disclosure was substantiated, and providing recommendations on corrective action.
2. Where the Designated Officer is considering a recommendation to the Superintendent that the Superintendent exercise authority delegated to them by the Board of Trustees to suspend or terminate a teacher or administrative designation under the Education Act, the Designated Officer shall consult with other board staff typically responsible for such recommendations concerning the necessary process. In such event, the written investigation report shall be provided to the Superintendent in the course of any process under the Education Act for the Superintendent to consider that recommendation.
3. The Chief Officer shall consider the recommendations in the investigation report, and shall be responsible for determining what action, if any, including disciplinary action, shall be either taken as a result or recommended to the Board of Trustees. The Chief Officer shall follow-up with the employees responsible to ensure those actions are taken.
4. The person making the complaint shall be advised when the investigation is completed, the recommendations made in the written investigation report, and the Chief Officer's actions resulting from the written investigation report.
5. The Chief Officer is required to include an annual report, outlining i) the number disclosures received by the designated officer, the number of disclosures acted on and the number not acted on; ii) the number of investigations commenced as a result of disclosures; iii) in the case of an investigation that results in a finding of wrongdoing, a description of the wrongdoing and recommendations made or corrective measures taken (or reasons why no corrective measures were taken, in the Annual Education Results Report which is made available to the public.

9. Appeals

Where an employee may desire, a notice of disclosure may be made directly to the Provincial Commissioner at any time.

10. Good Faith

1. An employee who submits a disclosure of wrongdoing or complaint of reprisal must act in good faith.
2. Deliberately false or malicious allegations by an employee will form the grounds for disciplinary action up to and including termination of employment.