The purpose of this Policy and its underlying procedure is to establish processes to allow the Justice Institute of British Columbia (“JIBC” or the “Institute”) to comply with the Public Interest Disclosure Act (“PIDA”) for:
- current and former Employees, Volunteers and Service Providers to seek advice on and make disclosures in good faith about wrongful or unlawful conduct without fear of retaliation or reprisal;
- the Institute to manage and investigate disclosures, and report the outcomes of Investigations;
- current and former Employees, Volunteers and Service Providers to cooperate with Investigations without fear of retaliation or reprisal; and
- the Institute to protect the privacy of people involved in disclosures, Investigations, and Reports.
JIBC is committed to maintaining the highest standards of ethical conduct and promoting a culture of honest, transparent, and accountable behaviour. Employees, Volunteers and Service Providers are encouraged to report Wrongdoing as defined in this Policy through this Policy and its underlying procedure.
PIDA protects an Employee, Volunteer or Service Provider who in good faith requests advice about making, or makes, a Report of Wrongdoing or complaint about Reprisal. PIDA also protects Employees, Volunteers or Service Providers who in good faith cooperate with an Investigation under PIDA. JIBC is committed to its obligations under PIDA and adopts this Policy and its underlying procedure to meet them.
JIBC will protect the privacy of those involved in such requests for advice, Reports, and Investigations in accordance with all applicable laws, including PIDA and privacy laws.
This Policy applies to Wrongdoing, as defined in PIDA and restated in the definitions below, at JIBC. This Policy applies to Employees, Volunteers, Service Providers of JIBC, and to former Employees, Volunteers, Service Providers who were employed or providing contracted or volunteer services when the Wrongdoing occurred or was discovered.
Neither this Policy nor PIDA limits an Employee’s, a Volunteer’s or Service Provider’s rights or remedies that may be available under existing JIBC policies, collective agreements, contracts, or legislation. This Policy establishes a separate reporting procedure for Employees, Volunteers and Service Providers to report specific types of improper activity, referred to as Wrongdoing, and does not affect an Employee’s, a Volunteer’s, or a Service Provider’s duty to report other misconduct or improper activity under applicable law, contract or existing JIBC policy.
Board – the Board of Governors of the Institute.
Designated Officer – means:
- JIBC’s VPFO for Wrongdoing that is finance-related; or
- JIBC’s General Counsel for Wrongdoing that is non-finance related; or
- JIBC’s President if the alleged Wrongdoing implicates the VPFO and/or the General Counsel; or
- The Chair of JIBC’s Board if the alleged Wrongdoing implicates JIBC’s President.
Employee – a person with any employment relationship with JIBC, including regular employees, casual employees, sessional employees, employees seconded from other organizations, and volunteers. For the purpose of this Policy “employee” includes any such person who was employed at the time that the alleged Wrongdoing occurred.
General Counsel – JIBC’s General Counsel.
Investigation – an investigation of a Report undertaken by JIBC under this Policy or by the Ombudsperson under PIDA.
Protection Official – means:
- with respect of a health-related matter, the provincial health officer;
- with respect to an environmental matter, the provincial administrator as defined in section 1(1) of the Emergency and Disaster Management Act; or
- with respect to any other case, an appropriate police force in British Columbia.
Report – a report of Wrongdoing made under this Policy.
Reprisal – any act or omission that is intended to adversely affect an Employee, Volunteer, or Service Provider who has sought advice, made a Report, or is participating in an Investigation under this Policy or it’s underlying procedure. Under this Policy and its underlying procedure, a Reprisal may include, but is not limited to, in the case of an Employee, a disciplinary measure, demotion, termination of employment or any other measure that adversely affects the Employee’s employment or working conditions; or any threat to do the same.
Respondent – an individual who is alleged to have engaged in conduct that violates this Policy.
Service Provider – an individual or organization retained under contract to perform services for the Institute during the time that the alleged Wrongdoing occurred.
Supervisor – means:
- for Employees, their manager or supervisor, as applicable; or
- for JIBC’s President or Board members, the Chair of the Board.
Vice-President, Finance & Operations (VPFO) – The person responsible for finance and operations management at the Institute.
Wrongdoing – means:
- a serious act or omission that, if proven, would constitute an offence under an enactment of British Columbia or Canada;
- 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 an Employee’s duties or functions;
- a serious misuse of JIBC funds or JIBC assets;
- an act of fraud which includes, but is not limited to:
- misappropriation, misapplication, destruction, removal, or concealment of JIBC property;
- alteration or falsification of documents, including the inappropriate destruction of any documents;
- improper handling or reporting of money or financial transactions;
- authorizing or receiving payment for goods not received or services not performed;
- any intentional claim for reimbursement of ineligible expenses or unearned payment of fees or wages; or
- misuse of position, whether for personal financial gain or for purported JIBC advantage;
- gross or systemic mismanagement; or
- knowingly directing or counselling a person to commit any act or omission described above.
Principles and Guidelines
JIBC is committed to supporting ethical conduct in its operations, including by receiving, investigating, and responding to Reports and by providing information about PIDA, this Policy and its underlying procedure, and seeks to foster a culture in which Employees, Volunteers and Service Providers are encouraged to disclose Wrongdoing.
JIBC will ensure that all Investigations associated with this Policy and its underlying procedure accord with the principles of procedural fairness and natural justice.
JIBC will not commit or tolerate Reprisals against any Employee, Volunteer or Service Provider who, in good faith, makes a request for advice, makes a Report, cooperates in an Investigation, or makes a complaint about Reprisal, or against any Employee, Volunteer or Service Provider which has cooperated in an Investigation, under this Policy.
JIBC is committed to protecting the privacy of reporting, Respondents and those who cooperate in Investigations in a manner that is consistent with its obligations under PIDA and the Freedom of Information and Protection of Privacy Act (“FIPPA”). All reporting under this Policy will follow PIDA and FIPPA.
Duties and Responsibilities
All Employees, Volunteers and Service Providers are responsible for acting with honesty, integrity and accountability and complying with applicable law and Policy in their work and dealings with others at JIBC.
Employees, Volunteers and Service Providers must make Reports in good faith based on a reasonable belief that Wrongdoing has or is about to occur, in accordance with this Policy and its underlying procedure.
Employees, Volunteers and Service Providers must not engage in any Reprisal against a person who has, in good faith, requested advice about making a Report, has made a Report or complaint about Reprisal, or has cooperated in an Investigation under this Policy.
By delegation of the President, who is the chief executive responsible for JIBC under PIDA, JIBC’s VPFO and General Counsel are jointly responsible for administering this Policy and ensuring that instruction is available to all Employees about PIDA, this Policy, and its underlying procedure.
The VPFO and the General Counsel are responsible for exercising the responsibilities assigned to them by the President under this Policy and the underlying procedure, and to ensure that Employees, Volunteers and Service Providers can get advice about making a Report or complaint about Reprisal. The VPFO and the General Counsel are also responsible to create and maintain accessible procedures for Employees, Volunteer and Service Providers to make Reports.
Supervisors are responsible for referring Employees, Volunteers and Service Providers to the appropriate Designated Officer for advice, to make a Report, or to make a complaint about Reprisal.
Everyone involved in an Investigation must treat all related information as confidential and everyone must protect any personal information collected, used, or shared as part of a request for advice, a Report, a complaint about Reprisal or an Investigation to the extent possible under applicable legislation, Policy, and collective agreements.
Nothing in this Policy relieves those responsible for administration and management of JIBC from their responsibilities to address Wrongdoing or other types of misconduct or improper activity in accordance with good management practices and other policies, procedures, and guidelines.
Consequences of Non-Compliance
An Employee, Volunteer or Service Provider found to have engaged in Wrongdoing may be subject to disciplinary action, up to and including termination of their employment or engagement with JIBC.
An Employee, Volunteer or Service Provider who makes a bad faith, malicious or intentionally false Disclosure may be subject to discipline, up to and including termination of their employment or engagement with JIBC.
Breach of confidentiality and privacy is a serious offence. An Employee, Volunteer or Service Provider who does not strictly protect confidentiality and privacy as required by this Policy and its underlying procedure and applicable law may be subject to disciplinary action, up to and including termination of their employment or engagement with JIBC.
JIBC will not tolerate any Reprisal against any person who has, in good faith, requested advice, made a Report or complaint of reprisal, or cooperated in an Investigation under this Policy. This protection does not apply to protect an Employee, Volunteer or Service Provider from the consequences of their own Wrongdoing, misconduct, or improper activity unrelated to their rights under PIDA. An Employee, Volunteer or Service Provider who engages in any such Reprisal may be subject to discipline, up to and including termination of their employment or engagement with JIBC.
In addition to disciplinary consequences, it is a provincial offence under PIDA to obstruct, make a false statement to, or mislead or attempt to mislead, a person in the performance of their duties, powers, or functions under PIDA, which is punishable upon conviction by a fine.
Procedures
The procedures related to reporting and investigating Wrongdoing under this Policy are set out in Procedure 2107-001.
Employee Awareness
Employees are required to make themselves aware of all JIBC policies and procedures. Lack of awareness of this or any other JIBC Policy does not excuse an Employee from responsibility for their actions.