Yukon Public Interest Disclosure Commissioner
Glossary of terms
- Chief Executive
“Chief executive” with respect to a public entity means
(a) the responsible deputy head under the Public Service Act with respect to a department, directorate, secretariat or other similar executive agency of the Government of Yukon,
(b) the Child and Youth Advocate with respect to the Office of the Child and Youth Advocate,
(c) the Chief Electoral Officer with respect to the Office of the Chief Electoral Officer, and
(d) with respect to all other public entities, the president or chief executive officer of the public entity.
- Designated Officer
“Designated officer” means an individual in a public entity who is designated in any disclosure procedures established by a chief executive in accordance with sections 5 and 6 to deal with disclosures by employees of the public entity.
- Disclosure Procedures
“Disclosure procedures” means any disclosure procedures for a public entity established by a chief executive in accordance with sections 5 and 6.
"Employee" is defined as “an individual employed by, or an individual who has suffered a reprisal and has been terminated by a public entity, and includes a contract employee.
- Public Entity
“Public entities” or “public entity”: there are 11 public entities identified in the Schedule to the PIDWA. They are: 1) a department, directorate, secretariat or other similar agency of the Government of Yukon; 2) the Legislative Assembly Office, 3) the Office of the Chief Electoral Officer, 4) the Office of the Child and Youth Advocate, 5) Workers’ Compensation Health and Safety Board, 6) Yukon College, 7) Yukon Development Corporation, 8) Yukon Energy, 9) Yukon Hospital Corporation, 10) Yukon Housing Corporation, and 11) Yukon Liquor Corporation.
“Reprisal” is defined in the PIDWA as a disciplinary measure, a demotion, termination of employment, a measure that adversely affects the employee’s employment or working conditions, or a threat to take any of these measures taken against an employee who in good faith made a disclosure, sought advice about making a disclosure, cooperated in a disclosure investigation, or declined to participate in a wrongdoing.
“Supervisor” is defined in the PIDWA as an employee’s immediate supervisor or the chief executive of the public entity where the employee is employed.
- Cabinet Confidence
Subsections 15 (1) and (2) of the ATIPP Act state the following:
15(1) A public body must refuse to disclose a record to an applicant if the disclosure would reveal a confidence of the Executive Council or
(a) an agenda, minute or other record of the deliberations or decisions of the Executive Council or its committees;
(b) a record containing advice, analyses, policy options, proposals, recommendations, or requests for directions submitted, or prepared for submission, to the Executive Council or its committees;
(c) a record used for or reflecting consultation among Ministers on matters relating to the making of government decisions or the formulation of government policy; and
(d) a record prepared to brief a Minister in relation to matters that
(i) are before or are proposed to be brought before the Executive Council or its committees, or
(ii) are the subject of consultations among Ministers relating to the making of government decisions or the formulation of government policy.
(2) Subsection (1) does not apply to
(a) a record that has been in existence for 15 or more years;
(b) a record of a decision made by the Executive Council or any of its committees on an appeal under an Act; or
(c) a record the purpose of which is to present background information or explanations or analysis to the Executive Council or any of its committees for its consideration in making a decision if
(i) the decision has been made public,
(ii) the decision has been implemented, or
(iii) five or more years have passed since the decision was made or considered.
"Disclosure" means a disclosure of wrongdoing made in good faith by an employee in accordance with the PIDWA.
“Reprisal” means a disciplinary measure, a demotion, termination of employment, any measure that adversely affects the employee’s employment or working conditions, or a threat to take any of these measures against an employee who in good faith sought advice about making a disclosure, made a disclosure, cooperated in a disclosure investigation, or declined to participate in a wrongdoing.
"Wrongdoing" is considered any of the following:
a) a contravention of a Yukon Act, a regulation made under a Yukon Act, an Act of Parliament, ora regulation made under an Act of Parliament;
b) an act or omission that creates a substantial and specific danger
i) to the life, health or safety of individuals other than a danger that is inherent in theperformance of the duties or functions of an employee, or
ii) to the environment;
c) gross mismanagement of public funds or a public asset;
d) knowingly directing or counselling an individual to commit a wrongdoing described in any ofparagraphs (a) to (c)