The whistleblower legislation promising the protection of workers who report misconduct in government workplaces is in effect as of today.

“The Public Interest Disclosure of Wrongdoing Act provides a clear framework for employees to make disclosures of wrongdoing in good faith, and for protecting them from acts of reprisal,” Currie Dixon, the minister for the Public Service Commission, said in a press release.

The act coming into force also means that the office of the Public Interest Disclosure Commissioner (PIDC) is officially open.

Diane McLeod-McKay, the Yukon’s Ombudsman and Information and Privacy Commissioner, will now also be wearing a third hat as the PIDC.

“What this essentially does is create an avenue for people to disclose wrongdoings without breaching loyalty to their employers,” McLeod-McKay told the Star in an interview last week.

She will have the authority to investigate people’s claims of misconduct and provide confidential advice for those considering reporting a violation.

“I can imagine there will be people asking me, ‘Is this a wrongdoing?’ and trying to figure out what a wrongdoing is.”

Under the act, a wrongdoing is defined as an action that is unlawful, omits information or endangers people or the environment.

It also includes mismanagement of public funds or assets and knowingly directing or advising an individual to commit a wrongdoing.

McLeod-McKay had misgivings about the legislation in the past, but saw adjustments that eased her apprehension to some extent.

The addition of an arbitrator was one of them.

She explained that when legislation was first tabled, the PIDC could make recommendations to an employer, but could not see any decisions through to the end.

For example, if a government worker was fired or demoted after reporting a wrongdoing, the Ombudsman could only suggest that the government department rectify the situation—there was no authority figure to override a reprisal.

“For someone to come forward and put their job on the line, there better be good protection in place and binding orders to be made,” she said.

Now, under the act, if the public entity being accused of wrongdoing does not agree with a claim, then an arbitrator will step in to make the final decision.

“If I were an employee, I would need that reassurance.”

The PIDC hopes to meet with employee groups during department meetings in the fall to talk about her role and what people might expect if they come into her office.

By meeting later on, the office of the Ombudsman will have had some time to get experience with the act, and employees will be back from summer vacations.

The Public Interest Disclosure of Wrongdoing Act was passed last November by the legislative assembly, after years of lobbying by the opposition parties.

Public entities in the act include all territorial government bodies and other corporations such as Yukon Energy, the Yukon Development Corp., the territory’s workers’ compensation health and safety board and Yukon College.

For more detailed information about the act, and the PIDC office, visit yukonpidc.ca.