Section 1 definition of "office", paragraph (f) BEFORE amended by 2018-52-26, effective May 4, 2020 (BC Reg 235/2019).
(f) the office of the registrar appointed under the Lobbyists Registration Act,
Section 1 definition of "advice" was added by 2021-11-1(a), effective July 12, 2021 (BC Reg 203/2021).
Section 1 definition of "designated officer" BEFORE amended by 2021-11-1(b), effective July 12, 2021 (BC Reg 203/2021).
"designated officer" means a senior official designated under section 10 [designated officer] to receive and investigate disclosures under this Act;
Section 1 definition of "discloser" BEFORE amended by 2021-11-1(c), effective July 12, 2021 (BC Reg 203/2021).
"discloser" means an employee who makes, or has sought advice in respect of making, a disclosure under this Act;
Section 1 definition of "disclosure" BEFORE amended by 2021-11-1(d), effective July 12, 2021 (BC Reg 203/2021).
"disclosure" means a disclosure of wrongdoing made by a discloser in accordance with this Act, unless the context otherwise requires;
Section 1 definition of "police force" BEFORE repealed by 2024-16-167(a), effective May 1, 2025 (BC Reg 48/2025).
"police force" has the same meaning as in section 1.1 (a) to (c) [police forces in British Columbia] of the Police Act;
Section 1 definition of "police service" was added by 2024-16-167(b), effective May 1, 2025 (BC Reg 48/2025).
Section 4 (b) BEFORE amended by 2021-11-3, effective July 12, 2021 (BC Reg 203/2021).
(b) information about how to make a disclosure under this Act;
Section 5 (1) (part) BEFORE amended by 2021-11-4, effective July 12, 2021 (BC Reg 203/2021).
(1) This Act does not authorize the release of the following information in a disclosure to the Ombudsperson or in a report made by the Ombudsperson under this Act:
Section 6 (1) to (3) BEFORE amended by 2021-11-5, effective July 12, 2021 (BC Reg 203/2021).
6 (1) For the purposes of making a disclosure or a complaint about a reprisal, a discloser
(a) may collect, use and disclose personal information, and
(b) must take reasonable precautions to ensure that no more information is collected, used or disclosed than is reasonably necessary to make the disclosure or the complaint about a reprisal.
(2) A person who is authorized to receive or investigate disclosures or complaints of reprisals under this Act may collect, use and disclose personal information for the purposes of this Act if the personal information
(a) is included with a disclosure or a complaint about a reprisal, or
(b) is for the purposes of an investigation or a report.
(3) Despite subsection (2), a person must not disclose personal information about a discloser that
(a) is obtained by any person in that person's capacity as an employee,
(b) is likely to enable the identification of the discloser as a person who has made a disclosure, and
Section 7 (2) BEFORE amended by 2021-11-6, effective July 12, 2021 (BC Reg 203/2021).
(2) If a chief executive, a designated officer or, in relation to a disclosure under this Act, the Ombudsperson has reason to believe that an offence has been committed under an enactment of British Columbia or Canada, that person or a delegate may report the alleged offence to a law enforcement agency.
Section 8 (2) BEFORE amended by 2021-11-7, effective July 12, 2021 (BC Reg 203/2021).
(2) For certainty, if a discloser's disclosure under this Act relates to the discloser's own conduct in respect of a wrongdoing, the discloser remains liable for the conduct.
Section 9 (1) BEFORE amended by 2021-11-8(a), effective July 12, 2021 (BC Reg 203/2021).
(1) Subject to the regulations, every chief executive must establish procedures to manage disclosures by employees of the ministry, government body or office for which the chief executive is responsible.
Section 9 (2) (b) to (e) BEFORE amended by 2021-11-8, effective July 12, 2021 (BC Reg 203/2021).
(b) receiving and reviewing disclosures and, in respect of the disclosures, setting time periods for action to be taken;
(c) ensuring the confidentiality of information collected in relation to disclosures and investigations;
(d) providing that personal information collected and used
(i) is limited to the personal information required for the disclosure process and investigations, and
(ii) is protected in accordance with applicable rules or principles for the protection of personal information;
(e) protecting the identity of persons involved in the disclosure process, subject to any other Act, in accordance with section 17 [carrying out investigations];
Section 10 BEFORE amended by 2021-11-9, effective July 12, 2021 (BC Reg 203/2021).
Designated officer
10 (1) For the purposes of this Act, every chief executive must designate at least one senior official to be a designated officer to receive and investigate disclosures by employees in the ministry, government body or office for which the chief executive is responsible.
(2) Section 9 and subsection (1) of this section do not apply to a chief executive who determines, after consultation with the Ombudsperson, that it is not practical to apply those provisions due to the size of the ministry, government body or office for which the chief executive is responsible.
(3) If no designation is made under subsection (1), the chief executive is the designated officer to receive and investigate disclosures by employees in the ministry, government body or office for which the chief executive is responsible.
(4) For certainty, a different senior official may be designated under subsection (1) for each of the following:
Section 11 (1) (part) BEFORE amended by 2021-11-10, effective July 12, 2021 (BC Reg 203/2021).
(1) An employee who is considering making a disclosure may request advice from
Section 12 (1) (part) BEFORE amended by 2023-10-949, effective March 30, 2023 (Royal Assent).
(1) If a discloser reasonably believes that he or she has information that could show that a wrongdoing has been committed or is about to be committed, the discloser, in good faith, may make a disclosure to any or all of the following:
Section 13 (1) and (2) BEFORE amended by 2021-11-11, effective July 12, 2021 (BC Reg 203/2021).
(1) If a discloser is an employee of the office of the Ombudsperson and is seeking advice or making a disclosure regarding the office of the Ombudsperson, the discloser may seek advice from, or make the disclosure to, the Auditor General instead of the Ombudsperson under section 12 (1) (c).
(2) If a discloser makes a disclosure to the Auditor General under this section, the Auditor General is to carry out the responsibilities of the Ombudsperson under this Act in relation to the discloser and disclosure.
Section 14 BEFORE amended by 2021-11-12, effective July 12, 2021 (BC Reg 203/2021).
Anonymous disclosure
14 (1) A disclosure may be made anonymously.
(2) An anonymous discloser need not be notified under section 19 [investigations of disclosures within ministries, government bodies or offices], 21 [notification of employee and designated officer] or 24 [referral of matter] unless contact information is provided and, if so, notification may be sent at the discretion of a designated officer or the Ombudsperson, as applicable.
Section 16 (1) (b) BEFORE amended by 2023-37-203, effective November 8, 2023 (Royal Assent).
(b) in respect of an environmental matter, the agency responsible for the Emergency Program Act, or
Section 21 (2) and (3) (part) BEFORE amended by 2021-11-14(a) and (b), effective July 12, 2021 (BC Reg 203/2021).
(2) After making the decision referred to in subsection (1) (a) to begin an investigation of the disclosure, the Ombudsperson is to notify a designated officer of the relevant ministry, government body or office, as applicable, of the decision.
(3) The Ombudsperson may delay the notification of the designated officer under subsection (2) until an appropriate time if the Ombudsperson considers that the notification may
Section 22 (1) (d) BEFORE amended by 2021-11-15, effective July 12, 2021 (BC Reg 203/2021).
(d) the exercise of an adjudicative function of a court, tribunal or other statutory decision maker.
Section 22 (1) (a) BEFORE amended by 2023-10-951, effective March 30, 2023 (Royal Assent).
(a) a dispute between an employee and his or her employer respecting the employee's employment,
Section 22 (1) (b) (i) and (ii) BEFORE amended by 2024-16-168, effective May 1, 2025 (BC Reg 48/2025).
Section 25 BEFORE repealed by 2021-11-16, effective July 12, 2021 (BC Reg 203/2021).
Conducting investigation
25 (1) The Ombudsperson has the powers and protections provided for in the Ombudsperson Act when conducting an investigation under this Act.
(2) For the purpose of giving effect to subsection (1), the following sections of the Ombudsperson Act apply, with necessary modifications, to the conduct of an investigation by the Ombudsperson under this Act:
(a) section 9 [confidentiality];
(b) section 11 (3) [jurisdiction of Ombudsperson];
(c) section 15 [power to obtain information];
(e) section 17 [opportunity to make representations];
(f) section 18 [Attorney General may restrict investigative powers];
(g) section 19 (1) [application of other laws respecting disclosure];
(h) section 20 [privileged information];
(i) section 27 [no hearing as of right];
(j) section 28 [Ombudsperson not subject to review];
Section 27 (4) (part) BEFORE amended by 2021-11-17(b), effective July 12, 2021 (BC Reg 203/2021).
(4) When the matter being investigated involves the chief executive, the Ombudsperson must also provide a copy of the report,
Section 27 (5) (b) BEFORE amended by 2021-11-17(c), effective July 12, 2021 (BC Reg 203/2021).
(b) to any person alleged to be responsible for wrongdoing, if practicable.
Section 27 (1) BEFORE amended by 2023-10-952, effective March 30, 2023 (Royal Assent).
(1) Upon completing an investigation, the Ombudsperson must prepare a report containing his or her findings, whether or not the Ombudsperson has made a finding of wrongdoing.
Section 28 (1) BEFORE amended by 2023-10-953, effective March 30, 2023 (Royal Assent).
(1) If the Ombudsperson makes recommendations under section 27 (2) (c), the Ombudsperson may request that the ministry, government body or office notify him or her, within a time period of not less than 30 days, of the steps it has taken or proposes to take to follow up on the recommendations.
Section 29 (part) BEFORE amended by 2023-10-952, effective March 30, 2023 (Royal Assent).
Ombudsperson's report on recommendations or cooperation
29 If the Ombudsperson believes that the ministry, government body or office has not appropriately followed up on his or her recommendations, or did not appropriately cooperate with the Ombudsperson's investigation under this Act, the Ombudsperson may make a report on the matter and provide the report,
Section 30 (1) (a) to (c) BEFORE amended by 2021-11-18, effective July 12, 2021 (BC Reg 203/2021).
(a) in the case of a ministry, to a designated officer and the minister responsible,
(b) in the case of a government body, to a designated officer and, if applicable, the minister responsible, or
(c) in the case of an office, to a designated officer and the relevant officer with respect to the office.
Section 31 (1) (part) BEFORE amended by 2021-11-19(a), effective July 12, 2021 (BC Reg 203/2021).
(1) A person must not take any of the following measures of reprisal against an employee, or counsel or direct that any of the following measures of reprisal be taken against an employee, by reason that the employee has, in good faith, sought advice about making a disclosure, made a disclosure or cooperated with an investigation under this Act:
Section 31 (2) (a) BEFORE amended by 2021-11-19(b), effective July 12, 2021 (BC Reg 203/2021).
(a) made, may have made or intended to make a disclosure, or
Section 31 (3) (b) BEFORE amended by 2021-11-19(c), effective July 12, 2021 (BC Reg 203/2021).
(b) the management or termination of the employment relationship under paragraph (a) of this subsection was not by reason that the employee, in good faith, sought advice about making a disclosure, made a disclosure or cooperated with an investigation under this Act.
Section 35 (1) (part) BEFORE amended by 2021-11-20, effective July 12, 2021 (BC Reg 203/2021).
(1) If a complaint is made under section 33, unless the Ombudsperson believes the complaint is frivolous or vexatious, the Ombudsperson must investigate and report with respect to the complaint in the same manner as a disclosure is investigated and reported under Division 3 [Investigations and Reports by Ombudsperson] of Part 4 [Investigations], except the following sections, which do not apply to the Ombudsperson's investigation under this Part:
Section 40 (4) (b) BEFORE amended by 2021-11-22(a) and (b), effective July 12, 2021 (BC Reg 203/2021).
(i) a matter relating generally to the exercise of the Ombudsperson's duties under this Act, or
(ii) an urgent matter, subject to subsection (5), if the Ombudsperson reasonably believes that there is an imminent risk of a substantial and specific danger to the life, health or safety of persons, or to the environment.
Section 40 (1) BEFORE amended by 2023-10-952, effective March 30, 2023 (Royal Assent).
(1) The Ombudsperson must make an annual report to the Speaker of the Legislative Assembly on the exercise and performance of his or her functions and duties under this Act.
Section 45 (1) BEFORE amended by 2021-11-24, effective July 12, 2021 (BC Reg 203/2021).
(1) A provision in a contract or agreement is not enforceable to the extent that it would prevent a disclosure, a complaint about a reprisal or cooperation with an investigation under this Act.