P.E.I. overhauls how it safeguards funds for most vulnerable Islanders

Changes meant to improve how millions of dollars belonging to some of P.E.I.'s most vulnerable residents is managed have been implemented, several years after the auditor general first recommended them.

The recommendations were made to maintenance enforcement in 2016 and to the office of the public trustee in 2017.

"Unlike horseshoes and hand grenades, almost doesn't count with the auditor general," Clare Henderson, the director of family law and court services with P.E.I. Public Safety, told a legislative committee Tuesday.

"I can not tell you how pleased I am to sit here and tell you that we are going to be reporting 100 per cent compliance with all recommendations for all audits for all sections."

The office of the public trustee is responsible for looking after the assets of Islanders deemed incapable of making their own financial decisions. This includes people declared medically unfit who have no one else to manage their affairs, and in some cases, minors or people with disabilities awarded funds through court settlements and estates.

In 2017, the office managed $9 million in assets that belong to about 300 Islanders.

Auditor Gen. Jane MacAdam examined the office of the public trustee in 2017 and found the government was doing an inadequate job.

Among other problems, MacAdam's reported files were disorganized and there was a lack of basic information in some cases, such as a complete listing of the client's assets, or in one case, the fact the client had been dead for more than a decade.

The report recommended that client information should be readily available and transactions should always be recorded. It also said the office should provide adequate oversight for all clients.

Enforcing child support payments

In 2016, MacAdam said new enforcement guidelines for child and spousal support were also needed on P.E.I., specifically for enforcing lack of payment.

At the time, MacAdam reported some of the guidelines hadn't been updated since 2007.

Now, Henderson said maintenance enforcement will review legislation so it can do more to enforce court-ordered payments for child support.

"There are significant tools available under the act currently, but we can always have more," she said.

Henderson said one priority involves making sure once an order is filed, the only person who can withdraw it is the person receiving support.

"We have fundamental concerns always about circumstances, you know, where there might be power imbalances in relationships."

Learning from others

Henderson said her office is also looking at what other jurisdictions are doing in Canada and taking into consideration what works elsewhere.

"My biggest interest presently is setting up a mechanism whereby we can authorize the impounding of vehicles where people have not paid their enforcement,' she said.

"We just want to add incentives that speak to people about taking appropriate action under their … orders."

Overall, Henderson said she is proud of the job her staff has done to help make the necessary changes.

"I cannot stress enough that this work was not done in the past six months," said Henderson.

"This work has been work that we have been doing for the past three years."

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