A whistleblower policy and reporting procedures should be simple for employees to find and understand. Make the whistleblower policy independent from all other internal policies (i.e., code of conduct), and the procedure for making a disclosure distinct from any other process.  Employees and employers must be able to distinguish between a disclosure of wrongdoing, to which legislative whistleblower protections apply, and complaints being made through any other internal mechanism.

The Commissioner’s office discourages public sector organizations from using third-party reporting systems to receive disclosures.  Disclosures may only be made to a designated officer or the Public Interest Commissioner.

The purpose of the Act is to investigate and remedy significant and serious matters that an employee believes may be unlawful, dangerous to the public or injurious to the public interest.   Section three of the Act specifically prescribes the forms of wrongdoings that are applicable.

A whistleblower policy should clearly explain the type of wrongdoing that is reportable and use terminology consistent with the Act. Avoid using subjective terms such as “unethical activity”, “improper conduct” or “inappropriate behaviour”.  Procedures for assessing disclosures should also include specific criteria to determine whether the complaint falls within the scope of the Act.

Designated officers are granted certain authority and responsibilities under the Act. This role must have autonomy to carry out its functions unimpeded and uninfluenced by others in the organization.  Regardless of the hierarchal reporting structure of an organization, a designated officer reports directly to the chief officer (the head of the organization).

A whistleblower policy should be clear that designated officers have full and unfettered access to all information and records necessary for an investigation.  If that does not happen, or the designated officer is stymied in any way, not only will the matter likely end up at the Commissioner’s office, but it may also be considered an offence.

Investigations under the Act must conform with the principles of procedural fairness and natural justice. Those accused of wrongdoing have the right to respond to the allegations and the evidence against them. They have the right to an impartial decision maker who is free from bias, and to have adequate reasons provided for a decision.  Procedural fairness also involves the absence of unreasonable delay and following legitimate expectations established through a whistleblower policy.

Under the Act, organizations must establish and maintain procedures for managing and investigating disclosures. This includes safeguarding the identity of the employee making the disclosure, the individuals alleged to have committed the wrongdoing, and the witnesses, subject to the principles of procedural fairness and natural justice. There are few circumstances where the identity of parties should be disclosed by designated officers:

1. When required by law (i.e., by order of a court or a lawful authority).
2. When necessary for the purpose of ensuring procedural fairness and natural justice.
3. To give effect to corrective measures. For example, an organizational head may elect to inform employees when wrongdoing has been found and steps that are being taken.

For employees to have confidence in a whistleblower policy, an organization needs to proclaim its importance and commitment to enforcing it.  The policy should use strong language to ensure protection of employees who report wrongdoing, and that incidents of reprisal will be reported to the Public Interest Commissioner.  The policy should also identify the severe repercussions that may occur for taking a reprisal against an employee including potential prosecution under the Act, termination of employment, reporting to a regulated professional college or society (when applicable), and financial liability.

The policy must also be clear that there are no organizational exemptions, and all employees are treated the same. This means including procedures for reporting wrongdoing involving the head of the organization or by a board of directors, to the Public Interest Commissioner.