The purpose of the Public Interest Disclosure of Wrongdoing Act (PIDWA) is to promote public confidence by enabling employees of public entities to disclose wrongdoings that occur in public entities and protecting these employees from reprisal. 

PIDWA provides guidance to public entities for establishing disclosure of wrongdoing procedures and reporting.

The PIDWA also establishes the office of the Public Interest Disclosure Commissioner. It was proclaimed into force on June 15, 2015.

The PIDC oversees the whistleblowing legislation - the Public Interest Disclosure of Wronging Act (PIDWA). This legislation ensures that there are ways for wrongdoings to be reported by current or former employees, and to protect them from reprisal. 

The PIDC provides advice to employees on how to disclose wrongdoings and make reprisal complaints. The PIDC also helps employers, called public entities, to comply with the law by reviewing disclosure reporting procedures and mandatory disclosure reports that are submitted annually.  

The office of the Public Interest Disclosure Commissioner is not a part of government. The Commissioner is an independent officer of the Legislative Assembly. Learn more about the Commissioner and the Deputy Commissioner in About Us.

In Yukon, the PIDC is also the Ombudsman and the Information and Privacy Commissioner. The staff in the PIDC office work to fulfill the mandates of the Public Interest Disclosure of Wrongdoing Act, the Ombudsman Act, the Access to Information and Protection of Privacy Act and once proclaimed the Health Information Privacy and Management Act.

The following public entities: 

• Yukon government departments, directorates, secretariats or other similar executive agencies;
• Yukon Workers’ Safety and Compensation Board, Yukon Development Corporation, Yukon Energy Corporation, Yukon Hospital Corporation, Yukon Housing Corporation, and Yukon Liquor Corporation;
• and other specified public entities, including Yukon University, the Yukon Legislative Assembly, Yukon Child and Youth Advocate Office, and the Chief Electoral Officer. 

Current and former employees of these public entities, including contract employees, can seek advice or make a disclosure of wrongdoing and be protected from reprisal. Former employees who believe they were fired for engaging in disclosure-related activities while previously employed by a public entity are also eligible to make a reprisal complaint under the Act.

A “wrongdoing” is defined in the Public Interest Disclosure of Wrongdoing Act as:

• a contravention of an Act, a regulation made under an Act, an Act of Parliament, or a regulation made under an Act of Parliament,
• an act or omission that creates 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
  • to the environment
• gross mismanagement of public funds or a public asset, and
• knowingly directing or counselling an individual to commit a wrongdoing described in any of paragraphs (a) to (c).

You will remain anonymous to the public entity, but you cannot make a complaint to our office anonymously. 

The PIDC and their staff are required to protect your information, and swear or affirm an oath of secrecy.

Efforts are made to ensure your confidentiality as much as possible. However, depending on the specific nature of a case, it may not be possible to protect your identity. For example, if you work in a small office environment, your disclosure may be apparent to other staff.

We recommend that you seek advice before disclosing a wrongdoing. 

You can seek advice from: 

• a supervisor,
• your designated officer (if one exists), or
• or from our office. 

You may be asked to put your request for advice in writing.

If there is reasonable belief that you have information that will show a wrongdoing has occurred (or is about to occur) in a public entity or is about to occur, you may disclose the wrongdoing to your supervisor, the designated officer for the public entity, or the Public Interest Disclosure Commissioner (PIDC).

If your public entity has disclosure procedures, the PIDC cannot investigate until:

• you disclose the wrongdoing to your public entity using the established procedures, the investigation by your public entity is complete, a final is decision is issued, and you are unsatisfied with the decision made or action taken; or
• your public entity has not completed the investigation within a reasonable amount of time.

The PIDC can immediately investigate your disclosure if it involves your chief executive or designated officer, or the PIDC determines it would be inappropriate in the circumstances to require you to use your public entity’s disclosure procedures.

You are required to put your disclosure of wrongdoing in writing and provide a description of the wrongdoing, the name of the alleged wrongdoer, the date of the wrongdoing, and whether you disclosed the wrongdoing to your public entity, if you received a response from the public entity, and other information as may be required. Learn more.

The PIDWA protects you from reprisal if you, in good faith: 

• made a disclosure,
• sought advice from a supervisor, designated officer or the PIDC about making a disclosure,
• cooperated in a disclosure investigation, or
• declined to participate in a wrongdoing.

If you make a disclosure to the office of the Public Interest Disclosure Commissioner, we will notify the chief executive of the public entity to which the disclosure pertains that a disclosure has been received. We will not divulge your identity as the discloser. If the chief executive is implicated in the alleged wrongdoing, then the responsible Minister, and if the wrongdoing involves a corporation, the chair of the governing body will be notified. 

If the public entity has established disclosure processes, these written policies and procedures will set out the process that will list the steps to be taken to investigate whether a wrongdoing has occurred or is about to occur.

If your disclosure is made to the PIDC, they will:

• evaluate whether there is sufficient information to show that a wrongdoing has occurred or may occur,
• upon determining that the evidence is sufficient and to support the allegation of wrongdoing, notify the public entity about the disclosure,
• as appropriate, assign an investigator from the Informal Case Resolution team who will attempt to resolve the matter with the public entity, or escalate the matter to our Formal Investigation team,
• if a formal investigation occurs, prepare a report for the public entity containing the PIDC’s findings about the wrongdoing and any recommendations to remedy a wrongdoing found, and
• provide you with information from the report that the PIDC determines is appropriate in the circumstances.

A public entity may establish procedures to manage disclosures by current or former employees. These procedures are the responsibility of the chief executive. Learn more about what must be included and how we can help you.

If a settlement does not occur, the PIDC will finalize the investigation and issue a report. If recommendations are included in the report, the PIDC can require the public entity to notify our office of the steps taken (or proposed steps) to implement the recommendations within a specified time. The PIDC could also recommend a time period for implementation of recommendations. 

PIDWA requires the PIDC to provide a copy of the report to the chief executive of the public entity. If the chief executive is the alleged wrongdoer, the report is provided to the responsible Minister or the chair of the governing body. You will not receive a copy of the report but will be provided with information the PIDC considers appropriate in the circumstances.

A reprisal is defined as discipline, demotion, or termination that adversely affects employment or working conditions, or threats to do these things to an employee who in good faith made a disclosure, sought advice about making a disclosure, cooperated in a disclosure investigation, or declined to participate in a wrongdoing.

It is an offence to make a reprisal against an employee and a person found guilty of this offence is subject to a fine up to $10,000.

You are protected from reprisal if you, in good faith: 

• made a disclosure,
• sought advice from a supervisor, designated officer or the PIDC about making a disclosure,
• cooperated in a disclosure investigation, or
• declined to participate in a wrongdoing. 

Learn more about how we can help you.

A complaint of reprisal must be filed with the Public Interest Disclosure Commissioner not later than 90 days after the day on which the employee knew, or in the PIDC’s opinion, ought to have known, that the reprisal was taken. However, the PIDC has the discretion to accept a complaint after the 90-day deadline if the PIDC believes it is appropriate, considering the circumstances of the employee.

You may make a complaint about reprisal to the PIDC within 90 days from the date of the reprisal unless the PIDC decides it is appropriate in the circumstances to allow the complaint to be made after 90 days.

The PIDWA requires a reprisal complaint to be in writing and include: a description and date of the alleged relevant wrongdoing; a description of the alleged reprisal taken against the employee; the name of the reprisor(s), any information required by the regulations to PIDWA, and any additional information required by the PIDC to investigate the complaint.

It is recommended you seek advice before making a reprisal complaint.

Upon receipt of your complaint of reprisal, the PIDC will:

• determine if the complaint is within the specified time frame and if not decide whether to extend the time frame,
• if within the time frame specified or an extension granted, evaluate whether there is sufficient information to show a reprisal occurred,
• if there is sufficient evidence and upon deciding to investigate the complaint, notify the public entity about the complaint,
• as appropriate, assign an investigator from the Informal Case Resolution team to try and settle the complaint between the public entity and the employee, or assign an investigator from the Formal Investigation team to conduct a full investigation into the complaint,
• if a full investigation occurs, prepare a report for the public entity containing the PIDC’s findings about the wrongdoing and any recommendations to remedy a wrongdoing found, and
• provide you with information from the report that the PIDC determines is appropriate in the circumstances.

If the PIDC finds that a reprisal occurred, they can make any recommendations they deem appropriate to remedy the reprisal. A person who commits a reprisal may be found guilty of an offence under the PIDWA and be required to pay a fine up to $10,000.

Yes, provided you made your disclosure in good faith and in accordance with the requirements of PIDWA. 

The PIDC may take any steps they consider appropriate to help settle the complaint, during or after an investigation into a complaint of reprisal. The terms of any proposed settlement relating to the remedy to be provided to the employee who made the complaint of reprisal, must be agreed upon by the employee and the individual in the affected public entity with the authority to implement the remedy. Learn more about opportunities to make a representations and the timeline for decisions.