Safe Disclosure

Scope

This procedure forms part of JIBC’s Safe Disclosure policy (the “Policy”), and sets out how Employees and Service Providers may:

• formally seek advice from the appropriate Designated Officer about making a Report of a Wrongdoing or making a complaint about a Reprisal; and
• make a Report about a Wrongdoing or a complaint about a Reprisal.

Terms not otherwise defined in this procedure are as defined in the Policy.

Asking for Advice

Employees and Service Providers are encouraged to seek advice if they need more information about the process for making a Report or to complain about a Reprisal.

An Employee or Service Provider may formally request advice about making a Report or a complaint about a Reprisal from:

• the Designated Officer(s);
• a Supervisor;
• the Employee’s union representative, if applicable;
• the BC Ombudsperson; or
• a lawyer.

PIDA protects an Employee or Service Provider who requests advice about making a Report from Reprisal regardless of whether they make a Report. The Designated Officer may require that requests for advice made to them be made in writing. The Designated Officer must review and respond to a request for advice with appropriate assistance and consultation. The Designated Officer who receives a request for advice must seek to provide an initial response where practicable, in writing within twenty (20) business days of receiving the request. 

Making a Report of Wrongdoing

An Employee or Service Provider who in good faith reasonably believes that a Wrongdoing has been committed or is about to be committed may make a Report to the following:

• the Designated Officer;
• a Supervisor; or
• the BC Ombudsperson.

Reporters should make Reports in a timely fashion and in most cases should be made within one (1) year of the Wrongdoing being committed.

A Report must be in writing and must include:

• a description of the Wrongdoing;
• the name of the person(s) alleged to have committed the Wrongdoing, or to be about to commit the Wrongdoing;
• the date or expected date of the Wrongdoing;
• whether information or conduct that is being reported relates to an obligation under a statute and, if so, the name of that statute; and
• whether the Wrongdoing has already been reported, and if so, the name of the person to whom it was reported and the response, if any, that the reporter received.

A Report may be submitted online via the electronic Report of Wrongdoing Form. A Report may also be emailed to safedisclosure@jibc.ca. Reports may also be delivered in person to the VPFO or the General Counsel.

Anonymous Requests for Advice and Anonymous Reports

Employees and Service Providers may anonymously request advice from the Designated Officer. Employees and Service Providers may also make an anonymous Report or make an anonymous complaint about a Reprisal. Employees and Service Providers must notify the Designated Officer of their wish to remain anonymous.

Employees and Service Providers considering anonymous advice or Reports should be aware that the Designated Officer receiving the advice request or Report may be unable to seek clarification or further information from them, which may impact a response to the request for advice and/or Investigation of the Report. Similarly, an anonymous reporter may not be notified further about an Investigation under this Procedure.

Urgent Risk Reports

PIDA allows Employees and Service Providers to make public reports under the following limited circumstances:

• the Employee or Service Provider reasonably believes there is a matter that constitutes an imminent risk of a substantial and specific danger to the life, health, or safety of persons or to the environment;
• the Employee or Service Provider has consulted with the relevant Protection Official before making the public disclosure;
• the Employee or Service Provider has received direction from that Protection Official and is following it, including if the Protection Official directs the Employee or Service Provider to not make the public disclosure;
• the Employee or Service Provider does not disclose or share anyone’s personal information except as necessary to address the urgent risk; and
• the Employee or Service Provider does not disclose any information that is privileged or subject to a restriction on disclosure under PIDA or another enactment of British Columbia or Canada, including solicitor-client privilege, litigation privilege or another ground of common law privilege, or public interest immunity.

Employees and Service Providers are expected to obtain appropriate advice if they are uncertain about what information may be disclosed as part of a public disclosure.

An Employee or Service Provider who makes a public disclosure must, immediately following the public disclosure, notify the Designated Officer about the public disclosure, and submit a Report in accordance with the section titled “Making a Report of Wrongdoing” above.

If an Employee or Service Provider does not wish to make a public disclosure or is directed by a Protection Official not to do so, the Employee or Service Provider is nevertheless expected to report their concerns without delay in accordance with this Policy.

Receipt and Review of Reports by Designated Officer

Upon receipt, all Reports will be date stamped and referred to the appropriate Designated Officer based on the substance of the alleged Wrongdoing and the parties involved. Reports will be referred as follows:

• if the allegations made in the Report concern alleged finance-related Wrongdoing that does not involve the VPFO, the Designated Officer will be the VPFO;
• if the allegations made in the Report concern alleged Wrongdoing that is not finance-related, the Designated Officer will be the General Counsel;
• if the allegations made in the Report concern alleged Wrongdoing by the VPFO and/or the General Counsel, the Designated Officer will be the President;
• if the allegations made in the Report concern alleged Wrongdoing by the President, the Designated Officer will be the Chair of the Board of Governors; and
• if the allegations made in the Report concern alleged Wrongdoing by multiple officials listed in subparagraphs (1-4) above, then the Report will be referred to the BC Ombudsperson.

Designated Officer’s Preliminary Considerations on Receiving a Report

Urgent Risk

If the Designated Officer reasonably believes there is an urgent risk arising from the information provided in a Report, they must report the matter to an appropriate Protection Official as soon as practicable. 

Investigation Decision

After a Report is received, the appropriate Designated Officer will conduct a preliminary review of the Report and decide within 10 business days whether an Investigation is required. The appropriate Designated Officer must consider the risk of a Reprisal against the reporter (regardless of whether the Report will be investigated) and respond appropriately to mitigate the risk of a Reprisal. The Designated Officer may communicate with and request information from the reporter to make this determination.

The Designated Officer may elect not to proceed with an Investigation or to stop an Investigation at any time if the Designated Officer reasonable believes:

• the Report was made by an Employee or Service Provider who was not employed by or under contract with JIBC at the time the Wrongdoing occurred or was discovered;
• the allegations, if proven, do not constitute Wrongdoing;
• the Report relates primarily to:
  • a dispute between an Employee and JIBC about their employment;
  • a matter being addressed by a police force;
  • a matter relating to the prosecution of an offence; or
  • the exercise of an adjudicative function of a court, tribunal, or other statutory decision-maker, including a decision or the processes and deliberations that may have led or may lead to a decision;
• the Report does not provide adequate particulars of the alleged Wrongdoing;
• the Report is frivolous or vexatious or has not been made in good faith;
• the reporter refuses to maintain confidentiality and/or protection of personal information;
• the Investigation would serve no useful purpose or could not be concluded due to the passage or length of time between the date of the alleged Wrongdoing and the date of the Report;
• the Report relates solely to a public policy decision;
• the Report is already being or has been appropriately investigated by the BC Ombudsperson, JIBC or other appropriate authority; or
• PIDA otherwise requires or permits JIBC to stop or suspend the Investigation.

Referral to Other Entity

If the Designated Officer determines that the Report does not warrant Investigation under this Policy but involves a matter which may be appropriately addressed through other legislation, policy, procedure, or contract (including the grievance process), the Designated Officer will re-direct the matter to the entity responsible for that process.

Referral to BC Ombudsperson and/or Law Enforcement

The Designated Officer may refer a Report to the BC Ombudsperson and/or law enforcement, considering factors such as:

• whether the subject matter of the Report would be more appropriately dealt with by another authority;
• the complexity of the subject matter of the Report;
• whether a real or perceived conflict of interest exists;
• the resources and expertise required to conduct a fair and effective Investigation; and
• if the subject matter relates to an individual with authority over the Designated Officer.

Postponing/Suspending an Investigation

The Designated Officer may postpone or suspend an Investigation if the Designated Officer:

• reports to a law enforcement agency an alleged offence they may have reason to believe has been committed in relation to the Report;
• considers that the Investigation may compromise another investigation; or
• the alleged Wrongdoing is also being investigated for the prosecution of an offence.

The Designated Officer will notify the reporter and, if appropriate, the Respondent(s), if they refuse, stop, postpone, or suspend an Investigation or refer the Investigation to another process or authority, including the reasons for the decision.

The Designated Officer will also notify the President of any postponed or suspended Investigations unless the President is alleged to be responsible for the Wrongdoing, in which case the Designated Officer will notify the Chair of the Board and any other person required by PIDA.

Investigation by Designated Officer

Where the Designated Officer decides that an Investigation is warranted, the Designated Officer will manage the Investigation, with appropriate assistance and consultation, depending on the nature of the Report. The Designated Officer may engage a neutral, third-party Investigator to investigate a Report. In such circumstances, the third-party investigators have all the duties and responsibilities of the Designated Officer in relation to the Investigation.

All Investigations will be conducted in accordance with the principles of procedural fairness and natural justice. Respondents of the Report will be informed of the nature of the allegations and will have an opportunity to respond to the allegations. The Designated Officer is not required to hold a hearing as part of the Investigation.

Every person involved in Investigations under the Policy must carry out their functions in an expeditious, fair, and proportionate manner as appropriate in the circumstances, as required under PIDA and in accordance with applicable obligations under a collective or employment agreement.

The Designated Officer may expand the scope of any Investigation beyond the allegations set out in the Report or complaint about Reprisal to ensure that any potential Wrongdoing discovered during an Investigation is investigated.

If more than one Report is received with respect to the same or similar Wrongdoing, a single Investigation into the alleged Wrongdoing may be conducted.

The Designated Officer will seek, where practicable, to review Reports within twenty-five (25) business days and to investigate Reports within one hundred and twenty (120) business days. The Designated Officer may shorten or extend this time depending on the nature and complexity of the allegations.

The Designated Officer may seek assistance from the BC Ombudsperson for an Investigation or refer a Report in whole or in part to the BC Ombudsperson if notice of the referral is provided to the reporter.

Investigation Results

On the completion of the Investigation, the Designated Officer will provide a report on the findings of the Investigation, including reasons and recommendations, to the President or, in the case of an Investigation involving the President, to the Chair of the Board.

On direction from the President or the Chair of the Board, as applicable, the Designated Officer will work with the appropriate JIBC administrators to ensure that any corrective actions recommended by the Designated Officer are implemented in accordance with relevant legislation, policy, and agreement at JIBC.

Subject to JIBC’s obligations under FIPPA, the Designated Officer will provide a summary of the findings of the Investigation and any corrective actions being taken by JIBC within twenty-five (25) business days of the Investigation being completed to the reporter and the Respondent(s).

The obligation to provide such a summary does not apply to a reporter who submits a Report anonymously.

Reprisal Complaints

JIBC will not tolerate Reprisals against Employees or Service Providers who request advice, make Reports or complaints of Reprisal, or cooperate in an Investigation, in accordance with this Policy or PIDA.

An Employee or Service Provider who believes that they have been the subject of a Reprisal may make a complaint to BC Ombudsperson, who may investigate and make recommendations to address a Reprisal in accordance with PIDA.

Confidentiality and Protection of Personal Information

The procedure for providing advice on Reports, receiving Reports, and conducting Investigations of Reports or providing advice or receiving complaints about Reprisals are confidential. Any individual involved in providing advice, reviewing, or responding to Reports or conducting Investigations are obligated to maintain confidentiality.

In administering this procedure, the Designated Officer must only collect, use, and disclose personal information, particularly if it may reveal the identity of a reporter or Respondent, necessary to fulfill their responsibilities under PIDA or as otherwise permitted by PIDA, including to comply with other applicable laws and agreement and ensure a fair and appropriate Investigation.

Employees and Service Providers engaged with this procedure maintain strict confidentiality with respect to all personal information – including the identity of those involved – related to a request for advice, Report, complaint about Reprisal or Investigation under this Policy and must not disclose such information.

Employees and Service Providers engaged in this procedure are obligated to ensure that personal information is not disclosed in a request for advice, Report or complaint about Reprisal beyond what is necessary.

Employees and Service Providers who refuse to maintain confidentiality or to protect personal information may have their Investigation suspended or discontinued by the Designated Officer.

Related Policies and Procedures

• 2107 Safe Disclosure Policy

Documents and Forms

• Report of Wrongdoing Form (Form under development. In the interim email safedisclosure@jibc.ca.)