Departmental Plan 2017-18

I am pleased to present the 2017-18 Departmental Plan for the RCMP External Review Committee (ERC).

Our 2017-18 Departmental Plan provides parliamentarians and Canadians with information on what we do and the results we are trying to achieve during the upcoming year. To improve reporting to Canadians, the federal government has introduced a new, simplified report to replace the Report on Plans and Priorities.

The title of the report has been changed to reflect its purpose: to communicate our annual performance goals and the financial and human resources forecast to deliver those results. The report has also been restructured to tell a clearer, more straightforward and balanced story of the actual results we are trying to achieve, while continuing to provide transparency on how tax payers' dollars will be spent. We describe our programs and services for Canadians, our priorities for 2017–18, and how our work will fulfill our departmental mandate commitments and the government's priorities.

The ERC reviews case files for internal RCMP decisions regarding issues that are critically important for RCMP members, such as dismissals and demotions for misconduct, discharges on medical or performance grounds, and decisions taken regarding harassment complaints. Our independent and impartial reviews, findings and recommendations to the Commissioner of the RCMP assist in providing assurance to RCMP members and managers, and to Canadians, that RCMP processes are fair and respect the principles of law.

As the ERC enters 2017-18, it will continue to face pressing challenges to the integrity of the case review program. We will make best use of available resources and work with the portfolio department and central agencies to identify means to maintain program integrity. Ensuring thorough reviews and high quality findings and recommendations while pursuing continuous program improvement will continue to be the ERC's management approach.

Elizabeth M. Walker
Chair

The ERC will be increasingly challenged in the delivery of its case file reviews in 2017-18, due to the need to manage a significant backlog of files and a workload that is double historical volumes. The overarching priority for the ERC this year, therefore, will be to seek additional resources to address identified base funding and incremental requirements, including: obtaining stabilized permanent base funding at appropriate levels (approximately 40% of ERC funding has been in temporary funds for each of the last 10 years); and, securing incremental funding in light of increased workloads and backlog.

Continuous program improvement remains a priority for the ERC and will be realized through active monitoring and management of the ERC's caseload, evidence-based assessment and projections to inform planning and risk management. Progress over the past several years will provide a basis to further enhance our case review processes and practices, with an accent on adaptability, flexibility and gains in efficiency.

The development and publication of service delivery standards with time limits for the completion of case reviews (as required by the RCMP Act, s. 28.1) remains a priority for the ERC. The target for service standards to be in place was initially set by the ERC as the end of 2016-17. That has been moved to the end of 2017-18 due to the need for additional information to make valid and reliable projections regarding the kinds, numbers and complexities of the files the ERC will be required to review in future years.

The ERC will invest in a range of activities to support employee continuous learning, professional development and staff retention. Staff retention is particularly important given the small size of the ERC, as the loss of even one person can represent a significant operational risk.

For more information on the ERC's plans, priorities and planned results, see the “Planned results” section of this report.

The ERC contributes to fair and equitable labour relations and accountability within the RCMP through its independent and impartial review of appeal case files. The ERC issues findings and recommendations to the Commissioner of the RCMP for final decisions to be made in appeals regarding critically important matters (e.g. appeals of decisions in harassment complaints, and of decisions to dismiss or demote an RCMP member for contravention of the RCMP Code of Conduct, to stop a member's pay and allowances when a member has been suspended from duty or to discharge a member for poor performance). The RCMP is required to refer appeal case files to the ERC for its review, findings and recommendations pursuant to the Royal Canadian Mounted Police Act and the Royal Canadian Mounted Police Regulations.

The ERC provides independent and impartial reviews of appeals of internal RCMP decisions regarding certain labour relations matters affecting RCMP members, pursuant to sections 33(1) and 45.15 of the RCMP Act and section 17 of the RCMP Regulations. Upon completing its review of a case file, the ERC provides findings and recommendations to the Commissioner of the RCMP to support a final decision. The Commissioner (or a designate acting for the Commissioner) is not bound to follow the recommendations of the ERC but the Commissioner must provide reasons in writing if the recommendations of the ERC are not followed.

The ERC plays a crucial role in the Force's labour relations process regarding issues of strong importance to RCMP members and to the Force. In discharging that role for the files referred to it, the ERC's work also supports human resources management and organizational performance in the RCMP more broadly.Over the years, the RCMP has made changes to policies and practices in a variety of areas based on recommendations made by the ERC. The ERC also plays a role in maintaining public confidence in the RCMP by helping to ensure that applicable law and human rights are respected in the Force's labour relations practices and by helping to reinforce a culture of professional responsibility and accountability.

The ERC Chair reports to Parliament annually, through the Minister of Public Safety and Emergency Preparedness. The ERC has one member currently, the Chair, who is appointed by Order in Council for a fixed term. The Chair is supported by a small staff of public servants that includes legal counsel, program administrators and an executive director.

For more general information about the department, see the “Supplementary information” section of this report.

The current legislation governing the work of the ERC came into force in late 2014 (within the RCMP Act and the RCMP Regulations). In 2017-18, the ERC will be simultaneously managing: i) case file referrals under the former legacy legislation (with referrals expected to continue for approximately five more years); and, ii) case file referrals under the current legislation (which began arriving at the ERC in March 2015). The number of files referred to the ERC each year has doubled from historical rates. The ERC is monitoring this workload closely, including regular engagement with the RCMP where appropriate to inform planning and risk assessment.

The ERC's caseload of files is growing considerably – from 139 files on April 01, 2016 to 157 files at the end of December 2016 – and is expected to continue to grow through 2017-18. Timely review by the ERC is essential for findings and recommendations to be meaningful to RCMP members and for the RCMP workplace, but is not achievable in this operating environment. The increased delays resulting from the growing backlog of cases compromise the substance, relevance and utility of ERC findings and recommendations.

Temporary funding provided on an annual basis through transfers from another organization has constituted approximately 40% of the ERC operating funds for a number of years. A reliance on temporary funding leads to a truncated management approach. The organization's ability to plan for the longer term and to make full and opportune use of funds is limited; multi-year spending commitments must be avoided; operating funds become unavailable due to the penalties associated with transferring O&M funds into salary and with having an accommodation “headroom deficit”; and, key positions cannot be staffed indeterminately.

The RCMP Act and RCMP Regulations specify the kinds of files that the RCMP must refer to the ERC for review. Following the implementation of new legislation in late 2014, the numbers of files that are referred to the ERC for its review, findings and recommendations are more than double historical rates. The increased number of referrals is expected to continue for approximately five more years, until legacy files are concluded within the Force. With no increase in resources to address this large growth in workload, a large backlog has accrued over the past several years and is increasing in size.

The ERC continues to focus on improving its efficiency in processing the case files referred to it, but gains in efficiency will not address the increasing backlog of files or the current and projected workloads. There were 157 files in the ERC caseload at the end of December 2016, representing approximately four years of work for the ERC at current resource levels. In this context, the timeliness of the ERC's reviews has eroded to the point where the meaningfulness of findings and recommendations to RCMP members can often be significantly decreased or lost. For example, a typical wait time of two to three years for findings and recommendations to be issued for legacy files is now projected to be five years or more for a file that arrives at the ERC today. Similarly, wait times for current legislation files have increased from several months to almost a year or more. Without additional program capacity to address the backlog and projected workloads, wait times for both streams of cases will continue to lengthen. The ERC's program integrity is at serious risk.

Description

The ERC is an independent administrative tribunal that contributes to fair and equitable labour relations and helps to reinforce accountability at all levels within the RCMP. Other than the courts, the ERC is the only independent review mechanism available to RCMP members and management for labour relations matters. The ERC conducts impartial reviews of appeals of certain conduct measures imposed on RCMP members and of written decisions regarding harassment complaints, revocations of appointments, discharges, demotions and ordered stoppages of pay and allowances. Case files dealing with these matters are referred to the ERC for review by the RCMP pursuant to sections 33 and 45.15 of the Royal Canadian Mounted Police Act and section 17 of the Royal Canadian Mounted Police Regulations. In conducting its reviews of referred case files, the ERC considers the entire file record that is provided by the RCMP which can include statements from members (complainants, respondents and others), video or audio records and testimony from witnesses, historical human resources file materials and other documentation. Once a review has been completed, the ERC provides findings and recommendations to the Commissioner of the RCMP (as the final decision maker) and to the parties. The ERC's findings and recommendations are directed at ensuring that the general principles of administrative law and labour law are respected and that the requirements of the RCMP Act and other relevant legislation, such as the Canadian Human Rights Act, are adhered to in decision making. In some cases, the ERC makes recommendations for broader change or for actions that might be taken to address issues raised in a file (e.g. changes in RCMP policies or management practices, or additional or new training for RCMP members or managers). Access to summaries of ERC findings and recommendations and to ERC reports and discussion papers is provided to RCMP members and the public through the ERC's website and publications, and through presentations or other outreach to RCMP members.

Planning highlights

The ERC will continue to review and assess its case review practices and processes to streamline operations and optimize efficiency. Approximately three to five percent of ERC resources will be devoted to experimentation, testing and assessment of the ERC's case review work to support continuous improvement. This will include a consideration of options for tailoring case reviews to address various types of files and/or various issues across file types, as well as setting priorities for the selection of case files for review based on the seriousness of the impacts for implicated RCMP members and for the RCMP.

Based on trend analysis, the number of files referred to the ERC in 2017-18 (for legacy cases and current legislation cases combined) is likely to be double the historical annual average or more. This level of referrals is projected to continue for an estimated five years, until virtually all legacy files have worked their way through the RCMP's internal processes. The ERC's ability to address an increased workload of this magnitude will depend on the availability of additional, skilled resources and the ability of the organization to integrate the resources into its operations. The ERC will update and present a business case to support its resource requirements.

The introduction of service standards, now targeted for the end of 2017-18, will support program management, transparency and accountability. While it has not yet been possible for the ERC to establish its service standards, the ERC has increased the number of completed file reviews year over year with its present resources. The ERC will continue to focus on effectiveness and efficiency in its case reviews during 2017-18.

Website updates of summaries of ERC findings and recommendations will continue to be prepared quarterly in 2017-18, as in previous years; in addition, the ERC Chair's annual report to Parliament will provide information on all findings and recommendations issued by the ERC during the reporting period (i.e. 2016-17).

Engagement of RCMP labour relations stakeholders will support the ERC's planning and risk management and will include dialogue with the Force on general program management, workload and administrative matters. Web-based and other communications activities that support member awareness of workplace issues (such as disseminating case review summaries to RCMP members in the ERC Communiqué publication, or presentations to workplace representatives or managers) are expected to continue.

While positioning itself to address the challenges that it will face in 2017-18, the ERC will ensure that its findings and recommendations in each case it reviews are substantively correct, clear and relevant for the concerned parties and for the Commissioner of the RCMP.

Internal Services are those groups of related activities and resources that the federal government considers to be services in support of programs and/or required to meet corporate obligations of an organization. Internal Services refers to the activities and resources of the 10 distinct service categories that support Program delivery in the organization, regardless of the Internal Services delivery model in a department. The 10 service categories are: Management and Oversight Services; Communications Services; Legal Services; Human Resources Management Services; Financial Management Services; Information Management Services; Information Technology Services; Real Property Services; Materiel Services; and Acquisition Services.

The Treasury Board of Canada Secretariat granted the ERC an exemption from reporting on financial commitments to Internal Services as a separate program beginning in 2009-10 (given the focused nature of the ERC program and associated resources). This Report, therefore, presents information based on a single ERC program and does not provide information on Internal Services separately.

* The ERC has sought to continue its exemption from reporting separately on Internal Services expenditures.

The ERC's budgetary planning trend has been relatively consistent for the last several years. The ERC base budget has been augmented through approvals of annual temporary funding that have represented a significant proportion of actual expenditures (close to 40% each year). The amounts of actual total expenditures have remained generally consistent.

The impacts of inconsistency in the sources and the timing of the allocation of funds to the ERC, together with funding being received only on a temporary annual basis, have led to basic management challenges regarding expenditure planning and otherwise. The resulting financial planning orientation has been less long-term and strategic than desirable. The ERC is seeking to secure stable permanent funding for 2017-18 and onwards and funding to meet identified incremental needs, which would allow for a more strategic expenditure management and planning orientation.

* The ERC continues to be exempted from reporting separately on Internal Services expenditures.

The planned ERC FTE complement during the year comprises six indeterminate employees, one employee in on secondment and one term employee (eight FTEs total). The ERC requires additional funding over its base to be able to pay for all indeterminate and any additional seconded or term employees.

For information on the ERC's organizational appropriations, consult the 2017–18 Main Estimates.

The Future-Oriented Condensed Statement of Operations provides a general overview of the ERC's operations. The forecast of financial information on expenses and revenues is prepared on an accrual accounting basis to strengthen accountability and to improve transparency and financial management.

Because the Future-Oriented Condensed Statement of Operations is prepared on an accrual accounting basis, and the forecast and planned spending amounts presented in other sections of the Departmental Plan are prepared on an expenditure basis, amounts may differ.

A more detailed Future-Oriented Statement of Operations and associated notes, including a reconciliation of the net cost of operations to the requested authorities, are available on the ERC's website.

The difference between forecast results for 2016-17 and planned results for 2017-18 is due principally to the absence of any transfer of funds to the ERC from another organization; a transfer of $600,001 was carried out for 2016-17 through the Annual Reference Level Update. The difference also reflects a reduction in statutory expenditures. The ERC is working with the portfolio department and central agencies to find means to address the funding situation.

Appropriate minister(s): The Honourable Ralph Goodale, P.C., M.P.

Institutional head: Elizabeth M. Walker, Chair

Ministerial portfolio: Public Safety and Emergency Preparedness

Enabling instrument(s): Royal Canadian Mounted Police Act,R.S.C. 1985, c. R-10

Year of incorporation / commencement: 1986

The ERC's Strategic Outcome and Program Alignment Architecture (PAA) of record for 2017-18 are shown below:

1. Strategic Outcome: Fair and transparent labour relations decision-making that reinforces accountability.

1.1 Program: Appeal case reviews

Internal Services

The Treasury Board of Canada Secretariat granted the ERC an exemption from reporting on financial commitments to Internal Services as a separate program beginning in 2009-10. This report therefore continues to present information based on a single ERC program.

The following supplementary information tables are available on the ERC's website.

• Greening Operations
• Upcoming internal audits for the coming fiscal year

The tax system can be used to achieve public policy objectives through the application of special measures such as low tax rates, exemptions, deductions, deferrals and credits. The Department of Finance Canada publishes cost estimates and projections for these measures each year in the Report on Federal Tax Expenditures. This report also provides detailed background information on tax expenditures, including descriptions, objectives, historical information and references to related federal spending programs. The tax measures presented in this report are the responsibility of the Minister of Finance.

Royal Canadian Mounted Police External Review Committee
P.O. Box 1159, Station B
Ottawa, Ontario K1P 5R2
Canada

Telephone: 613-998-2134

Fax: 613-990-8969

E-mail: org@erc-cee.gc.ca

Web: http://www.erc-cee.gc.ca