Standing Committee on Public Accounts

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Standing Committee on Public Accounts Second Session – Forty-Second Legislature of the Legislative Assembly of Manitoba Standing Committee on Public Accounts Chairperson Mr. Jim Maloway Constituency of Elmwood Vol. LXXIV No. 8 - 3 p.m., Tuesday, September 22, 2020 ISSN 0713-9462 MANITOBA LEGISLATIVE ASSEMBLY Forty-Second Legislature Member Constituency Political Affiliation ADAMS, Danielle Thompson NDP ALTOMARE, Nello Transcona NDP ASAGWARA, Uzoma Union Station NDP BRAR, Diljeet Burrows NDP BUSHIE, Ian Keewatinook NDP CLARKE, Eileen, Hon. Agassiz PC COX, Cathy, Hon. Kildonan-River East PC CULLEN, Cliff, Hon. Spruce Woods PC DRIEDGER, Myrna, Hon. Roblin PC EICHLER, Ralph, Hon. Lakeside PC EWASKO, Wayne Lac du Bonnet PC FIELDING, Scott, Hon. Kirkfield Park PC FONTAINE, Nahanni St. Johns NDP FRIESEN, Cameron, Hon. Morden-Winkler PC GERRARD, Jon, Hon. River Heights Lib. GOERTZEN, Kelvin, Hon. Steinbach PC GORDON, Audrey Southdale PC GUENTER, Josh Borderland PC GUILLEMARD, Sarah, Hon. Fort Richmond PC HELWER, Reg, Hon. Brandon West PC ISLEIFSON, Len Brandon East PC JOHNSON, Derek Interlake-Gimli PC JOHNSTON, Scott Assiniboia PC KINEW, Wab Fort Rouge NDP LAGASSÉ, Bob Dawson Trail PC LAGIMODIERE, Alan Selkirk PC LAMONT, Dougald St. Boniface Lib. LAMOUREUX, Cindy Tyndall Park Lib. LATHLIN, Amanda The Pas-Kameesak NDP LINDSEY, Tom Flin Flon NDP MALOWAY, Jim Elmwood NDP MARCELINO, Malaya Notre Dame NDP MARTIN, Shannon McPhillips PC MOSES, Jamie St. Vital NDP MICHALESKI, Brad Dauphin PC MICKLEFIELD, Andrew Rossmere PC MORLEY-LECOMTE, Janice Seine River PC NAYLOR, Lisa Wolseley NDP NESBITT, Greg Riding Mountain PC PALLISTER, Brian, Hon. Fort Whyte PC PEDERSEN, Blaine, Hon. Midland PC PIWNIUK, Doyle Turtle Mountain PC REYES, Jon Waverley PC SALA, Adrien St. James NDP SANDHU, Mintu The Maples NDP SCHULER, Ron, Hon. Springfield-Ritchot PC SMITH, Andrew Lagimodière PC SMITH, Bernadette Point Douglas NDP SMOOK, Dennis La Vérendrye PC SQUIRES, Rochelle, Hon. Riel PC STEFANSON, Heather, Hon. Tuxedo PC TEITSMA, James Radisson PC WASYLIW, Mark Fort Garry NDP WHARTON, Jeff, Hon. Red River North PC WIEBE, Matt Concordia NDP WISHART, Ian Portage la Prairie PC WOWCHUK, Rick Swan River PC 59 LEGISLATIVE ASSEMBLY OF MANITOBA THE STANDING COMMITTEE ON PUBLIC ACCOUNTS Tuesday, September 22, 2020 TIME – 3 p.m. Mr. Chairperson: Good afternoon. Will the Standing LOCATION – Winnipeg, Manitoba Committee on Public Accounts please come to order. CHAIRPERSON – Mr. Jim Maloway (Elmwood) This meeting has been called to consider the following reports: Auditor General's Report and VICE-CHAIRPERSON – Mr. Andrew Smith Annual Report to the Legislature, dated March 2014, (Lagimodière) chapter 7, Manitoba's Framework for an Ethical ATTENDANCE – 9 QUORUM – 6 Environment; Auditor General's Report, Follow-up Recommendations, dated May 2016, Manitoba's Members of the Committee present: Framework for an Ethical Environment; Auditor Hon. Mr. Gerrard, Messrs. Lindsey, Maloway, General's Report, Follow-up of Recommendations, Mses. Morley-Lecomte, Naylor, Messrs. Reyes, dated March 2017, Manitoba's Framework for an Smith, Teitsma, Wasyliw Ethical Environment; and the Auditor General's Report, Follow-up of Recommendations, dated Substitutions: March 2018, Manitoba's Framework for an Ethical Mr. Reyes for Mr. Michaleski Environment. Hon. Mr. Gerrard for Mr. Lamont Committee Substitutions APPEARING: Mr. Tyson Shtykalo, Auditor General of Manitoba Mr. Chairperson: For the committee's information, pursuant to our rule 104(2), I would like to note WITNESSES: the following substitutions for this afternoon's Hon. Mr. Helwer, Minister responsible for the meeting: Mr. Reyes for Mr. Michaleski and the Civil Service Hon. Mr. Gerrard for Mr. Lamont. Ms. Charlene Paquin, Civil Service * * * Commissioner MATTERS UNDER CONSIDERATION: Mr. Chairperson: Before we get started, are there any suggestions from the committee as to how long Auditor General's Report – Annual Report to the we should sit this afternoon? Legislature, dated March 2014 Chapter 7 – Manitoba's Framework for an Mr. Mark Wasyliw (Fort Garry): We're requesting Ethical Environment two hours. Auditor General's Report – Follow-up of Mr. Chairperson: Thank you. Recommendations, dated May 2016 And what order should we consider the reports? Manitoba's Framework for an Ethical Mr. Wasyliw: We're asking the reports be considered Environment in a global fashion. Auditor General's Report – Follow-up of Mr. Chairperson: Thank you. Recommendations, dated March 2017 Does–oh. So, it's been suggested that we sit for Manitoba's Framework for an Ethical two hours and revisit at that time. Do we have Environment agreement for that? [interjection] Two hours, okay. Auditor General's Report – Follow-up of So there is agreement, then, to sit for two hours? Recommendations, dated March 2018 [Agreed] Manitoba's Framework for an Ethical And in terms of the order that we should consider Environment the reports, it's global–it's suggested is we consider it * * * globally. Agreed? [Agreed] 60 LEGISLATIVE ASSEMBLY OF MANITOBA September 22, 2020 Now, does the Auditor General wish to make an Service Commission and by senior leadership in all opening statement? departments. Mr. Tyson Shtykalo (Auditor General of Our report issued 20 recommendations to Manitoba): Let me first introduce my staff with me government, which we continued to follow-up on today: Maria Capozzi, director of our governance until 2018. At that time much still–much more still practice and the person who is responsible for needed to be done. We found seven recommendations conducting the audit before us today, and Stacey continued to be outstanding as of September 2017. Wowchuk, assistant auditor general for performance Our concern is that these recommendations are audit. foundational to building a stronger ethical environ- Mr. Chair, ethics matter. This is especially true in ment. These outstanding recommendations included the public sector, which affects every Manitoban. developing an ethics policy or code of conduct, which Government departments are in a position of trust, and is critical–which is a critical building block for all the the civil service must reflect a commitment to other recommendations in the report. Without it, upholding the public's trust and confidence in the progressing further on the other elements of an ethics institutions of government by maintaining the highest programs become difficult or fragmented at best. standards of ethical behaviour. Outstanding recommendations also included When we issued our report on Manitoba's enhancing the conflict of interest policy to require framework for an ethical environment in 2014, we periodic updating of conflict of interest declaration noted we had conducted an increasing number of forms by all employees, preferably annually and audits and investigations over the previous five years especially for those employees in positions with concerning issues of ethics, conflict of interest and greater risk of conflict of interest. fraud. In the six years since, I cannot say that that has Also outstanding was our recommendation to abated. In fact, I would say that today even higher provide fraud awareness training as part of an overall ethical expectations are being placed on every sector strategy for ethics-related training and especially for of society, especially on the public sector and its employees within workplaces perceived to be at high leaders. risk for fraudulent activity. Twenty-five per cent of * (15:10) employees told us they work in such an area. Our report focused on the ethics-related policies Mr. Chair, tips from employees are the No. 1 way and procedures put in place by the Civil Service fraudulent activity is discovered. Hence, having Commission and how they were being implemented employees who can recognize fraud and know what to across all departments as well as what systems were do and how to report it is a valuable asset that can in place to identify and mitigate and report any reduce the incidence of fraud in the workplace. incidence of unethical or fraudulent nature. This also relates to our outstanding recommen- Our report also included the results of a survey of dation of developing and implementing a process to all departmental employees, which gauged their enable employees to report concerns of ethical perception of the ethical climate within their misconduct, including anonymous disclosure. This workplace. Nearly 5,000 employees responded to our would be in addition to The Public Interest Disclosure survey: 94 per cent told us that ethics and integrity are (Whistleblower Protection) Act as an act–as this act is critical issues in the public sector and are an important limited and does not deal with disclosures related to part of fulfilling their work as civil servants. They routine administrative or operational matters. know that ethics matter. Our report noted our concern with the findings of Mr. Chair, a well-constructed and implemented our survey showing that some employees are not values and ethics program in the civil service helps to reporting observed misconduct because they per- build a workplace culture that fosters ethical ceived issues would not be appropriately dealt with by behaviour in all employees, recognizes and avoids management and they feared retaliation. Mr. Chair, potential conflicts of interest and reduces the risk of more has to be done to reinforce a workplace culture loss due to fraud. We believe a proactive approach is that is not afraid to bring issues forward and sees that required to instill such a strong ethics program ethical issues are taken seriously and appropriately throughout the civil service, and that this critical dealt with. I encourage the Public Accounts function deserves focused attention by the Civil Committee to continue monitoring the status of these September 22, 2020 LEGISLATIVE ASSEMBLY OF MANITOBA 61 recommendations and critically assessing the Existing employees are also required to complete adequacy of planned actions and time frame for the mandatory courses and completion of these completion. courses are tracked by the Civil Service Commission and shared with departments on a biannual basis to Thank you, Mr. Chair. ensure follow-up with those that have not yet Mr.
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