Nova Scotia Government Disclosure of Wrongdoing Regulations

1. Disclosure of Wrongdoing Regulations & Policy

2. Objectives of Regulations/Policy • To offer advice and direction for employees • To define wrongdoing and reprisal action • To provide employees with a process for disclosing wrongdoing • To protect employees from reprisal action • To protect the identity of those involved in the process • To outline reporting requirements so the Government of Nova Scotia can be publicly accountable

3. Background • Nova Scotia Government’s commitment • 2004 Employee Survey results • Public Environment / Media • Other Countries • (e.g. UK, US, & Australia) • Federal Government • proposed legislation

4. Nova Scotia Legislative Environment The regulations and policy • allow government to expand upon the provisions that already in place under various pieces of legislation and collective agreements, and • do not prohibit an employee from reporting wrongdoing under any other procedure established under any legislation, regulation, or collective agreement

5. Regulations and Policy • Nova Scotia Regulations • Corporate Policy • Why not separate Legislation? • Existing legislation already provided the regulatory authority. (Regulations were more timely and flexible than legislation)

6. Key Elements of Regulations & Policy • Applicability • Who do these apply to? • Definitions • What does it mean? • Process • How can disclosures be submitted? • Protection • Who is protected? • Reporting Requirements/Accountability • How will government report wrongdoing?

7. Applicability • Regulations • apply to all civil servants • Policy • apply to all civil servants, and • adult correction workers (as defined in the Corrections Act), • highway workers (as defined in the Highway Workers Collective Bargaining Act; and • any other person directly employed by the Province of Nova Scotia (i.e. having an employer/employee relationship)

8. Definitions • Wrongdoing • Gross Mismanagement • Reprisal Action

9. Process Steps/options in the disclosure process • request for advice (optional) • disclosure to immediate supervisor • disclosure to deputy head • disclosure to Ombudsman • disclosure to Police Agency / Police Department (imminent & serious danger) * Other mechanisms provided by current legislation, regulations, and policies

10. Protection • Protection for employees against reprisal • Protection for employees against malicious disclosures • Protection of identity of persons involved in the disclosure process (to the extent possible) * Nothing in these regulations or policy prohibit an employee from initiating a process under existing legislation, regulation, policy or collective agreement.

11. Accountability / Reporting Requirements • Written response to disclosing employee • Written notification to • Deputy Head • Public Service Commissioner • Annual Reports • Ombudsman • Public Service Commissioner • Minister of Human Resources

12. Implementation Process • Effective Dates • Initial Roll-out • Presentations • Consolidation of Questions & Answers • Assessment Guide • Announcement of website

13. Where to from here • Gain experience, continue education and research • Consultation with the broader public sector • Re-survey employees and evaluate process

14. Resources Available • PSC Website: http://www.gov.ns.ca/psc/ • Questions can be mailed to: PSC-disclosure-info@gov.ns.ca • Department HR consultant • Department Solicitor • Immediate Supervisor/Manager • Conflict of Interest Commissioner • Office of the Ombudsman

15. Thank you