Report on Plans and Priorities 2016-17

I am pleased to present the 2016-17 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 critically important labour relations matters within the RCMP. Our findings and recommendations to the Commissioner of the RCMP assist in providing assurance to RCMP members and managers that labour relations processes are fair and respect the principles of law.

The key challenge for the ERC in 2016-17 will be to address a workload comprising case file referrals under the RCMP Act and RCMP Regulations as amended effective November 28, 2014 and continuing referrals under the former legacy legislation – effectively two streams of work. Addressing our backlog of cases will continue to be a priority given a significant recent increase in the number of cases for review before the ERC. We will also focus on the development and implementation of service standards with time limits for ERC case reviews to support transparency, results and accountability for the ERC program. Likewise, we will maintain our commitment to continuous improvement in our management of the case file review program while also pursuing the resourcing needed to deliver it well. We will continue to work with the Minister, his department, the RCMP and other stakeholders to address related challenges.

We have made significant progress on a number of fronts in the administration of the ERC program. The ERC team will enter 2016-17 ready to contribute through its role in the fair resolution of labour relations matters within the RCMP and to make best use of available resources.

Elizabeth M. Walker
Chair

Appropriate Minister: 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 Royal Canadian Mounted Police (RCMP) External Review Committee (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 certain labour relations matters regarding RCMP members pursuant to sections 33(1) and 45.15 of the RCMP Act and section 17 of the RCMP Regulations. The ERC plays a crucial role in the Force's labour relations process, thereby also supporting its human resources management and organizational performance more broadly.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.

Over the years, the RCMP has made changes 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.

The ERC reports 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: 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.

Priority 1: Confirm business requirements

Description: Confirm requirements for stabilized permanent funding and for incremental funding to address immediate pressures, organizational risks and the implications of working under recently-implemented legislation and the previous (now legacy) provisions concurrently.

Priority Type¹: New

Priority 2: Continuous improvement in case file review management

Description: Deliver case reviews in a timely manner under the current legislation while concurrently addressing a backlog of legacy legislation case files.

Priority Type: Previously committed to

Priority 3: Service delivery standards

Description: Develop and publish service delivery standards with time limits for completing case reviews (as required by the RCMP Act, s. 28.1).

Priority Type: Previously committed to

Priority 4: Invest in our people

Description: Activities to support employee continuous learning, professional development and staff retention.

Priority Type: Ongoing

The current legislation governing the work of the ERC came into force in late 2014 (within the RCMP Act and the RCMP Regulations). In 2016-17, the ERC will be simultaneously managing: i) case file referrals under the former legacy legislation (with referrals expected to continue for approximately five years); and, ii) ongoing case file referrals under the current legislation (which began arriving at the ERC in March 2015). In this context, the workload of the ERC may double from historical rates based on preliminary projections for the combined streams of work. In this situation and without significant additional resources, the ERC's current backlog of case files will grow considerably. With an unusually large number of file referrals in 2015-16, the backlog is already much higher entering 2016-17 than it was a year ago. The immediate risk is that the workload generated by the combination of increased backlog, continuing legacy referrals and referrals under the current legislation will severely hamper the ability of the ERC to complete its file reviews in a timely manner. Such delay would compromise the substance, relevance and utility of ERC findings and recommendations and lead to a significant reduction in program performance.

Temporary funding provided on an annual basis has constituted almost half of the ERC operating budget for a number of years and will again for 2016-17. This temporary funding arrangement represents a risk to the integrity of the appeal case review program, particularly in light of the anticipated increase in the ERC's workload. The ERC has, to date, been forced to adopt a truncated management approach. The organization's ability to plan for the longer term and to make full and timely use of funds has been limited; multi-year spending commitments have, of necessity, been avoided; and, key positions have not been staffed indeterminately. Given the small size of the ERC, staff retention is a key associated concern (as the loss of even a single human resource represents a significant operational risk).

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 a significant proportion of actual expenditures. The amounts of actual 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. The resulting financial planning orientation has been less long term and strategic in result.

Anticipated spending for 2016-17 includes funds from the directed transfer of $600,001 in O&M from the RCMP. Transfers of similar amounts of O&M funds have comprised a significant portion of the ERC's operating budget and spending in previous years ($600,001 in 2015-16 and $700,001 in both 2014-15 and 2013-14). The ERC is seeking to secure permanent funding for 2016-17 and onwards at levels needed to meet projected requirements.

For information on the ERC's organizational appropriations, consult the 2016–17 Main Estimates.

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 Royal Canadian Mounted Police (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.

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 legacy cases under the former legislation which grew considerably in 2015-16 as a result of an unusually high number of referrals. The ERC will also continue to adapt its operations and knowledge base to be able to work effectively under the current legislation, with staff orientation and learning activities as key components of its work in this regard. The introduction of service standards with time limits for the ERC's processing of case files will support program management, transparency and accountability.

Based on preliminary estimates, the number of files referred to the ERC in 2016-17 (for legacy cases and current legislation cases combined) may be double the historical annual average. This level of referrals will persist 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 and its existing backlog will depend on the availability of additional, skilled resources and the ability of the organization to integrate such resources into its operations efficiently.

The engagement of RCMP labour relations stakeholders by the ERC will help support the ERC's ongoing transition to operations under the current legislation. We will maintain dialogue with the Force on general program management and administrative matters, where appropriate, and continue targeted outreach undertaken in coordination with the Force. 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) will also support the transition.

While positioning itself to address the challenges that it will face in 2016-17, 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 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 associated resources). This Report, therefore, presents information based on a single ERC appeal case file review 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 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 variation between estimated and planned results is not material.

The supplementary information tables listed in the 2016–17 Report on Plans and Priorities are available on the ERC's website.

• Greening Government Operations;
• Upcoming Internal Audits and Evaluations Over the Next Three Fiscal Years.

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 Tax Expenditures and Evaluations publication. The tax measures presented in that 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