Report on Plans and Priorities 2015-16

PDF Version

ISSN 2292-3225

I am pleased to present the 2015-16 Report on Plans and Priorities for the Royal Canadian Mounted Police External Review Committee (ERC).

The ERC supports accountability at all levels in the Force through its independent, impartial review of certain labour relations matters. Our findings and recommendations assist in providing assurances to RCMP members and managers alike that labour relations processes are fair and follow the principles of law.

This will be an important year for the ERC. The transition to operations under an amended RCMP Act and Regulations is a focal point following the coming into force of provisions of the Enhancing RCMP Accountability Act (former Bill C-42) in late November 2014. Under the new legislation, the mandate of the ERC has been focussed on the most critical labour relations matters of interest to the RCMP and RCMP members, such as harassment, serious conduct matters and discharge. An important requirement for the ERC under the new legislation is to develop and publish service standards for our case reviews.

At the same time as work under the new legislation is beginning, we will continue to undertake case reviews under the former legislation. This work will focus on addressing our backlog of cases in addition to processing legacy cases currently active in the RCMP that will continue to be referred through 2015-16 and for some time beyond that.

The ERC team looks forward to 2015-16 and to the challenges and opportunities it will present.

Elizabeth M. Walker
Chair

Appropriate Minister: The Honourable Steven Blaney, 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
Enhancing Royal Canadian Mounted Police Accountability Act S.C. 2013, c. 18
Year of Incorporation / Commencement: 1986

The Royal Canadian Mounted Police External Review Committee (ERC) is an independent and impartial administrative tribunal that contributes to fair and equitable labour relations within the Royal Canadian Mounted Police (RCMP). To this end, the ERC conducts an independent review of appeals relating to certain conduct measures and of written decisions involving harassment complaints, revocations of appointments, discharges and demotions and ordered stoppages of pay and allowances, that are referred to it pursuant to section 33 and subsection 45.15 of the Royal Canadian Mounted Police Act and section 17 of the Royal Canadian Mounted Police Regulations.

The ERC provides independent and impartial reviews of certain labour relations matters regarding RCMP members. Upon completing its review of a case file referred to it, the ERC presents findings and recommendations to the Commissioner of the RCMP for a final decision. The Commissioner is not bound to follow the recommendations of the ERC but the Commissioner must provide reasons in writing when the recommendations of the ERC are not followed.

The ERC plays a crucial role in the Force’s labour relations process, thereby also supporting its human resources management more broadly. Over the years, the RCMP has made changes in a variety of areas based on recommendations made by the ERC. The ERC plays an important 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.

The ERC reports directly to Parliament through the Minister of Public Safety and Emergency Preparedness, who is the appropriate Minister responsible for the ERC for the purposes of the Financial Administration Act. 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.

1. Strategic Outcome: Independent, impartial and thorough analysis, findings and recommendations for transparency in Royal Canadian Mounted Police (RCMP) grievances and appeals.

1.1 Program: Independent and impartial case review

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.

Key Risks

The ERC’s base budget has been augmented by temporary supplementary funds for many years running - with temporary funding accounting for significant portions of its annual authorities. This continues to be a significant risk. Temporary resourcing has made it impossible to staff key positions permanently; the capacity to plan for the medium to longer term has been sharply reduced; the ability to make full use of operating funds has been limited. Stabilized permanent funding is needed to address these risks to the ERC program.

New legislation and regulations governing the ERC’s operations came into force on November 28, 2014 (as part of implementing Bill C-42, the Enhancing RCMP Accountability Act, S.C. 2013, c. 18). A key challenge for the ERC in 2015-16 will be adapting and refocusing its operations to meet demands under the new legislation, including developing service standards with timelines for its case reviews, while also addressing an existing backlog of cases referred to it under the former legislation. In addition, the ERC must ensure that it continues to produce high quality, thorough case analyses, findings and recommendations, while also improving the timeliness of its case reviews. Referrals under the new legislation are expected to begin in early spring 2015 and referrals under the former legislation are likely to continue for several years.

The importance of completing case reviews in a timely manner remains essential in all cases, recognizing that undue delay compromises the substance, relevance and utility of ERC findings and recommendations. The development and publication of service standards will support timely review, ERC program management and fair, relevant and transparent RCMP labour relations processes. Service standards will not be implemented until adequate experience is gained under the new legislation; not before the end of 2015-16 based on current assessments. In the interim, the ERC will continue to assess and refine its case review practices to optimize program results.

The ERC’s budgetary planning trend has been relatively consistent for the last several years. It has augmented its base budget through approvals of annual temporary funding that have represented large portions of actual expenditures. The amounts of actual expenditures have remained generally consistent. Inconsistency in the sources and the timing of the allocation of funds has, nonetheless, presented challenges for expenditure planning. The ERC’s strategy has been to avoid long-term spending commitments in favour of shorter-term, flexible arrangements with the potential for curtailed spending if needed. The result has been a consistent pattern of initial budgets with lower planned spending, augmenting total authorities mid-year with temporary supplementary funds and increasing planned and actual spending accordingly. This has frustrated longer term planning, as well as the full and timely use of funds, thereby engendering considerable risk for the organization.

The 2012-13 to 2014-15 columns include successive transfers of $710,001 in O&M funds from the RCMP’s appropriations in support of Public Safety Canada’s transitional measures to support the ERC’s operations following the signing of the new RCMP policing service agreements. The ERC is seeking to secure permanent funding for 2015-16 and onwards at levels needed to meet the anticipated demands of addressing an existing backlog of cases and carrying out operations under the recently implemented legislation, including developing and publishing service standards for its case reviews.

For information on the ERC’s organizational appropriations, consult the 2015–16 Main Estimates on the Treasury Board of Canada Secretariat website.

Description
The ERC conducts an independent impartial review of appeals in disciplinary, and discharge and demotion matters, as well as certain categories of grievances that are referred to it by the Commissioner of the RCMP pursuant to s. 33 of the RCMP Act and s. 36 of the RCMP Regulations. The ERC ensures that the principles of administrative and labour law are respected and that the remedial approach indicated by the Act is followed. The ERC issues reports of its findings and recommendations in each case to the Commissioner of the RCMP and to the parties. Access to ERC reports is available to all stakeholders (including the parties, RCMP adjudicators, supervisors, members’ representatives, staff relations representatives, and labour and employment experts in other jurisdictions) by means of the ERC website, publications and presentations.

Footnote: The program description will be amended for the 2016-17 planning cycle to conform to recent legislative changes. It was not possible to amend the description for the current cycle as the new legislation and regulations were not finalized and in force before the deadline for changes.

Planning Highlights

The ERC provides independent, impartial and thorough analyses, findings and recommendations for critically important RCMP labour relations processes. Through its work, the ERC helps to ensure that the principles of administrative and labour law are respected, that processes and decision making are fair and transparent, that the remedial approach indicated by the RCMP Act is followed and that members of the RCMP are treated in a fair and equitable manner.

The expeditious handling of cases referred to the ERC is fundamental to the relevancy of its findings and recommendations for RCMP members and managers and to the integrity and credibility of the ERC. In 2015-16, the ERC will continue to review and assess its case review practices and processes, in coordination with the RCMP where appropriate, to streamline operations and optimize efficiency. A key focus will be on addressing a backlog of cases under the former legislation. At the same time, the operations of the ERC will be adapted to meet requirements under new legislation and regulations. This will include developing service standards building on preparatory work undertaken in 2014-15. The ERC will continue to ensure that its findings and recommendations in each case it reviews are of a high quality, clear and relevant for concerned parties and for the Commissioner of the RCMP.

Flexibility and innovation will be essential to the organization’s success in 2015-16. A focus on information management, on the use of program information for program assessment and business planning and on the assessment of how best to apply limited resources to meet evolving operational requirements for the current and future years, will all be vital.

Given the transition to operations under the new legislation, the engagement of RCMP labour relations stakeholders is particularly significant. As part of its contribution to moving the transition forward, the ERC will maintain an appropriate dialogue with the Force on general program management and administrative matters. This will be supported by targeted outreach and continued web-based and other communications activities (such as disseminating case review summaries to RCMP members to support awareness and the interpretation of legislation and policies).

Description
Internal Services are groups of related activities and resources that are administered to support the needs of programs and other corporate obligations of an organization. Internal services include only those activities and resources that apply across an organization, and not those provided to a specific program. The groups of activities 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 the associated level of resources. This Report continues to present information indicating that the ERC has a single, distinct program, and does not provide information on Internal Services separately.

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 Report on Plans and Priorities are prepared on an expenditure basis, amounts 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, can be found on the ERC’s website.

The variance between estimated and planned results reflects recent years’ funding for the ERC with a large portion of actual expenditures utilizing temporary supplementary funding each year. Until fiscal stability is achieved, it is anticipated that quarterly variances in actual expenditures from year to year will continue to be considerable. This funding approach poses serious challenges for forecasting and planning. The ERC is pursuing a permanent increase in its reference level.

The supplementary information tables listed in the 2015–16 Report on Plans and Priorities can be found on the ERC's website.

• Upcoming Internal Audits Over the Next Three Fiscal Years
• Greening Government Operations

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 annually in the Tax Expenditures and Evaluations publication. The tax measures presented in the Tax Expenditures and Evaluations publication 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

• appropriation: Any authority of Parliament to pay money out of the Consolidated Revenue Fund.
• budgetary expenditures: Include operating and capital expenditures; transfer payments to other levels of government, organizations or individuals; and payments to Crown corporations.
• Departmental Performance Report: Reports on an appropriated organization's actual accomplishments against the plans, priorities and expected results set out in the corresponding Reports on Plans and Priorities. These reports are tabled in Parliament in the fall.
• full-time equivalent: Is a measure of the extent to which an employee represents a full person-year charge against a departmental budget. Full-time equivalents are calculated as a ratio of assigned hours of work to scheduled hours of work. Scheduled hours of work are set out in collective agreements.
• Government of Canada outcomes: A set of 16 high-level objectives defined for the government as a whole, grouped in four spending areas: economic affairs, social affairs, international affairs and government affairs.
• Management, Resources and Results Structure: A comprehensive framework that consists of an organization's inventory of programs, resources, results, performance indicators and governance information. Programs and results are depicted in their hierarchical relationship to each other and to the Strategic Outcome(s) to which they contribute. The Management, Resources and Results Structure is developed from the Program Alignment Architecture.
• non-budgetary expenditures: Include net outlays and receipts related to loans, investments and advances, which change the composition of the financial assets of the Government of Canada.
• performance: What an organization did with its resources to achieve its results, how well those results compare to what the organization intended to achieve and how well lessons learned have been identified.
• performance indicator: A qualitative or quantitative means of measuring an output or outcome, with the intention of gauging the performance of an organization, program, policy or initiative respecting expected results.
• performance reporting: The process of communicating evidence-based performance information. Performance reporting supports decision making, accountability and transparency.
• planned spending: For Reports on Plans and Priorities (RPPs) and Departmental Performance Reports (DPRs), planned spending refers to those amounts that receive Treasury Board approval by February 1. Therefore, planned spending may include amounts incremental to planned expenditures presented in the Main Estimates.
  A department is expected to be aware of the authorities that it has sought and received. The determination of planned spending is a departmental responsibility, and departments must be able to defend the expenditure and accrual numbers presented in their RPPs and DPRs.
• plans: The articulation of strategic choices, which provides information on how an organization intends to achieve its priorities and associated results. Generally a plan will explain the logic behind the strategies chosen and tend to focus on actions that lead up to the expected result.
• priorities: Plans or projects that an organization has chosen to focus and report on during the planning period. Priorities represent the things that are most important or what must be done first to support the achievement of the desired Strategic Outcome(s).
• program: A group of related resource inputs and activities that are managed to meet specific needs and to achieve intended results and that are treated as a budgetary unit.
• Program Alignment Architecture: A structured inventory of an organization's programs depicting the hierarchical relationship between programs and the Strategic Outcome(s) to which they contribute.
• Report on Plans and Priorities: Provides information on the plans and expected performance of appropriated organizations over a three-year period. These reports are tabled in Parliament each spring.
• results: An external consequence attributed, in part, to an organization, policy, program or initiative. Results are not within the control of a single organization, policy, program or initiative; instead they are within the area of the organization's influence.
• Strategic Outcome: A long-term and enduring benefit to Canadians that is linked to the organization's mandate, vision and core functions.
• sunset program: A time-limited program that does not have an ongoing funding and policy authority. When the program is set to expire, a decision must be made whether to continue the program. In the case of a renewal, the decision specifies the scope, funding level and duration.
• target: A measurable performance or success level that an organization, program or initiative plans to achieve within a specified time period. Targets can be either quantitative or qualitative.
• whole-of-government framework: Maps the financial contributions of federal organizations receiving appropriations by aligning their Programs to a set of 16 government-wide, high-level outcome areas, grouped under four spending areas.

1. 1

   Type is defined as follows: previously committed to—committed to in the first or second fiscal year prior to the subject year of the report; ongoing—committed to at least three fiscal years prior to the subject year of the report; and new—newly committed to in the reporting year of the RPP or DPR. If another type that is specific to the department is introduced, an explanation of its meaning must be provided.