Good morning, Mr. Chair, and honourable members. My name is Marc Thibodeau and I'm the director general of the labour relations and compensation directorate at the CBSA, the Canada Border Services Agency.
I'd like to thank the committee for the invitation to speak to you today on your review of the Public Servants Disclosure Protection Act.
As the committee has heard, the main objectives of the Public Servants Disclosure Protection Act, the PSDPA, are to promote ethical practices in the public service and to create a positive environment and confidential process for public sector employees and others to disclose wrongdoing in the workplace without fear of reprisals.
While the Treasury Board Secretariat is responsible for the broad PSDPA policy framework, each department and agency is responsible for implementing its own processes and internal accountability mechanisms under the act.
CBSA is a dynamic organization of 14,000 employees which facilitates legitimate travel and trade while keeping the border safe and secure. Our operation runs 24 hours a day, seven days a week, and we have a mix of uniformed and non-uniformed employees, some with enforcement responsibilities.
As a law enforcement organization, CBSA has a culture that is different from that of a regular office environment. To that end, we have a comprehensive induction and training program for all of our front-line recruits at the CBSA College, where integrity is part of the program. Our officers emerge from the program highly trained, aware of their rights and obligations, and supported by an engaged union. In support of the objectives under the PSDPA, the CBSA has implemented an integrity strategy that is integral to the relationships among the agency, employees, partners, and clients. The strategy outlines expected employee behaviours as outlined in the CBSA code of conduct and the Values and Ethics Code for the Public Sector, which form parts of their conditions of employment.
The strategy is built on three pillars. One pillar is proactivity, under which expected standards of conduct and disciplinary consequences for misconduct are communicated regularly, and under which we investigate suspicions of misconduct immediately. The second is a “no wrong door” approach in which our specialists guide employees towards the appropriate avenue to have their issues addressed, no matter how the issue is brought to our attention. The third is our motto of “no stone unturned”. Issues are tracked and reviewed using numerous tools such as misconduct investigation, workplace assessment, and, where necessary, criminal investigations. These three pillars are in addition to the pre-employment reliability screening process.
Mr. Chair, the CBSA promotes a culture of open communication. Supervisors at all levels are expected to foster and demonstrate ethical leadership. Management is expected to identify and resolve issues including misconduct in an appropriate and timely manner. We provide managers with tools and resources to help them fulfil their responsibilities, including PSDPA training. It is critical that employees be aware of the PSDPA and the many other internal disclosure and recourse processes that exist. Promoting this awareness is key to ensuring that they understand their rights and where to turn for assistance.
We aim to provide multiple paths whereby everyone can confidentially report alleged misconduct, and we aim to do so consistently across the country. Should agency employees wish to report misconduct, their complaints can come through a number of avenues, such as their supervisor or union referral or through an online or in-person submission.
Furthermore, confidential disclosure of wrongdoing under the PSDPA can be made to their supervisor, the CBSA senior officer for internal disclosure, or externally through the Public Sector Integrity Commissioner. As a first step, we engage with employees to discuss their disclosure of wrongdoing, and we outline the disclosure process confidentiality provision and explain that the allegation must meet the threshold of the act's definition of wrongdoing for us to investigate. Finally, we underline that the act protects employees against reprisal and explain how to make a complaint to the Public Sector Integrity Commissioner in the event of an alleged reprisal.
In order to determine if an investigation is warranted, we seek to answer the following: whether there is another recourse mechanism available to review the allegations; whether the matter, if proven to be founded, meets the act's definition of “wrongdoing” and the precedents set by the Integrity Commissioner; and, whether the issue is one of public or personal interest.
In the cases that will not be investigated, employees will receive an explanation, with a decision in writing, and will be apprised of other recourse mechanisms available to them—for example, where appropriate, the informal conflict resolution process.
Since 2013-14, an average of 38 individuals per year have sought advice or proceeded with one or more disclosures. In 2015-16, the CBSA reported that it had received 93 allegations and carried forward 25 more, but let me share some details to provide greater meaning to these numbers.
First, 61 of these allegations stem from two employees. After a preliminary review, 16 of these have been retained for more detailed analysis. Furthermore, looking at the 70 allegations that were not acted upon, one employee ceased the disclosure process, 23 were referred to other processes, and 46 did not meet the threshold for investigation under the act.
To conclude, in pursuing our agency's important mandate, CBSA employees interact with millions of individuals and goods, with domestic and international partners, with law enforcement organizations, and with industry stakeholders. As such, upholding the public's trust and promoting a safe and ethical workplace are matters we take seriously.
I would be happy to answer any questions the committee may have.