Best Practices in Whistleblower Legislation: An Analysis of Federal and Provincial Legislation Relevant to Disclosures of Wrongdoing in British Columbia

Best Practices in Whistleblower Legislation, prepared by Carroll Anne Boydell, instructor of criminology at Kwantlen Polytechnic University on behalf of the British Columbia Freedom of Information and Privacy Association, compares BC’s new whistleblower legislation, the Public Interest Disclosure Act (PIDA), to international best practices standards.

Best practice principles exist for laws, regulations, and procedures aimed at the protection of those who report wrongdoing. The purpose of this paper is to examine selected legislation containing whistleblower protections that are relevant to those who disclose wrongdoing in British Columbia to determine how well they follow best practice principles. Several best practice principles were reflected in the legislation reviewed, and the introduction of the new Public Interest Disclosure Act in British Columbia is a positive development in the protection of whistleblowers who are employees of the provincial government.

However, not all best practice principles are enshrined in the laws examined here. For example, there are still types of whistleblowers that do not have adequate protections, such as private sector workers and those in the public sector who are not employed by a provincial ministry, government body, or office. In addition, though types of protected disclosures have been expanded under the PIDA, there are still some disclosures of wrongdoing that may remain unprotected, such as interference with freedom of information requests. Some issues were also found related to transparency of decisions made about investigations into disclosures of wrongdoing and complaints of reprisal against whistleblowers, as well as about the accountability of government agencies in protecting whistleblowers. Therefore, some refinements and amendments to whistleblower laws and disclosure management procedures are needed to ensure that adequate protections are afforded to those who disclose wrongdoing in British Columbia.

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