Yukon Public Interest Disclosure Commissioner
The PIDWA requires a public entity that develops disclosure procedures to designate a senior official to be the designated officer in the public entity to receive and deal with disclosures by employees of wrongdoing.
If a public entity has a designated officer, the Public Interest Disclosure Commissioner (PIDC) may be unable to investigate a disclosure of wrongdoing.
As of June 15, 2015 the following public entities have developed disclosure procedures.
If your public entity is listed above, you may need to disclose your wrongdoing to your designated officer before the PIDC can investigate. It is recommended that prior to making a disclosure you seek advice.
- What is a wrongdoing?
A “wrongdoing” is defined in the PIDWA as:
- (a) a contravention of an Act, a regulation made under an Act, an Act of Parliament, or a regulation made under an Act of Parliament;
- (b) an act or omission that creates a substantial and specific danger
- (i) 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) to the environment;
- (c) gross mismanagement of public funds or a public asset;
- (d) knowingly directing or counselling an individual to commit a wrongdoing described in any of paragraphs (a) to (c).
- If I make a disclosure of wrongdoing will I be protected?
If you are an employee of a public entity you may disclose a wrongdoing and be protected from reprisal under the PIDWA provided the wrongdoing is disclosed in good faith.
- Who can I disclose a wrongdoing to?
If you reasonably believe that you have information that will show a wrongdoing has occurred in a public entity or is about to occur, you may disclose the wrongdoing to:
- your supervisor,
- your designated officer for your 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 procedures established, 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 investigate your disclosure anytime 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.