Info Source

RCMP External Review Committee

Table of Contents


General Information

Info Source describes the programs and activities, and the information holdings related to programs and activities, of government institutions subject to the Access to Information Act to facilitate the right of access. It also provides individuals, including current and former employees of the Government of Canada, with relevant information to access personal information about themselves held by government institutions subject to the Privacy Act and to exercise their rights under the Privacy Act.

An index of institutions that are subject to the Access to Information Act and the Privacy Act is available centrally.

The Access to Information Act and the Privacy Act assign overall responsibility to the President of Treasury Board (as the designated Minister) for the government-wide administration of the legislation.

Background

The RCMP External Review Committee (ERC) was created through Part II of the Royal Canadian Mounted Police Act on December 18, 1986 following the recommendation of the 1976 Report of the Commission of Inquiry Relating to Public Complaints, Internal Discipline and Grievance Procedure within the Royal Canadian Mounted Police. The ERC reports directly to Parliament through the Minister of Public Safety and Emergency Preparedness.

The RCMP Act and RCMP Regulations were amended on November 28, 2014, following the coming into force of provisions of the Enhancing RCMP Accountability Act (2013).

Responsibilities

The 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 certain categories of grievances, and appeals relating to certain conduct measures imposed on RCMP members and written decisions involving harassment complaints, revocations of appointments, discharges and demotions and ordered stoppages of pay and allowances, all as referred to it pursuant to the RCMP Act and the RCMP Regulations. The ERC's jurisdiction is restricted to employment and labour matters that relate to regular members and civilian members of the RCMP.

Institutional programs and activities

Institution-Specific Content

The ERC's Strategic Outcome is: Fair and transparent labour relations decision-making that reinforces accountability. To achieve its Strategic Outcome, the ERC delivers a single program: Appeal case reviews.

Appeal Case Reviews

The ERC conducts an independent review of appeals relating to certain conduct measures imposed on RCMP members and written decisions involving harassment complaints, revocations of appointments, discharges and demotions and ordered stoppages of pay and allowances, all as referred to it pursuant to sections 33 and 45.15 of the RCMP Act and section 17 of the RCMP Regulations. The ERC also reviews cases commenced under the former legislation (prior to November 28, 2014) regarding certain kinds of RCMP member grievances, appeals of disciplinary decisions, and appeals of decisions to discharge or demote a member.

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 the ERC's reports is made available to all stakeholders (including the parties, RCMP adjudicators, supervisors, members' representatives, staff relations representatives, and labour and employment experts in other jurisdictions), and the public, by means of its website, publications and presentations.

Case Review

Description: Includes records related to matters referred to the RCMP External Review Committee (ERC) for case review, findings and recommendations in certain categories of grievance cases, disciplinary appeals, and discharge and demotion appeals under the former RCMP Act; appeals relating to certain conduct measures imposed on RCMP members and of written decisions involving harassment complaints, revocations of appointments, discharges and demotions and ordered stoppages of pay and allowances under the present RCMP Act and RCMP Regulations. Case files are referred to the ERC pursuant to the RCMP Act and RCMP Regulations. Records also include information related to case management practices and procedures within the ERC and the RCMP.
Document Types: Case files, which include analyses, evidence, findings and recommendations, submissions, hearing transcripts, administrative correspondence, and copies of decisions by the Commissioner of the RCMP.
Record Number: ERC EXE 041

RCMP Member Appeals of Conduct Decisions/Measures under the RCMP Act (s. 45.15)

Description: This bank describes information that is related to appeals by RCMP members of an RCMP Conduct Board or Conduct Authority decision where such appeals have been referred to the RCMP External Review Committee for review pursuant to section 45.15 of the RCMP Act. This personal information may include names, addresses, telephone numbers, age, sex, and marital status.
Class of Individuals: Members of the RCMP who have been the subject of a Conduct Board or Conduct Authority decision, which has been referred to the RCMP External Review Committee pursuant to the RCMP Act. This also includes any other person mentioned in the proceedings.
Purpose of Collection: The information is used by the RCMP External Review Committee in its review of appeals of Conduct decisions/measures case files that are referred to it pursuant to section 45.15 of the RCMP Act.
Consistent Uses: The information may be used for research, planning, evaluation and statistical purposes. It may also be used in the dissemination of precedents, and in the preparation of reports pursuant to the RCMP Act.
Retention and Disposal Standards: These records are kept for seven years and are then destroyed, unless they form part of substantial and precedent-setting case files meeting specific criteria.
MIDA Number: 2015/004
Related Record Number: ERC EXE 041
Bank Number: ERC PPU 804
TBS Registration Number: 20160009

RCMP Member Appeals of Decisions under the RCMP Regulations (s.17)

Description: This bank describes information that is related to appeals by RCMP members of a written decision by a designated RCMP decision-maker where such appeals have been referred to the RCMP External Review Committee for review pursuant to section 17 of the RCMP Regulations, regarding: results of a harassment complaint investigation (subsection 17(a)); revocation of an appointment of a member (subsection 17(b)); discharge or demotion of a member (subsections 17(c) and (d)); or the stoppage of a member's pay and allowances (subsection 17(e)). This personal information may include names, addresses, telephone numbers, age, sex, and marital status.
Class of Individuals: Members of the RCMP who have been the subject of a written decision by a designated decision-maker, which has been referred to the RCMP External Review Committee pursuant to the RCMP Regulations. This also includes any other person mentioned in the proceedings.
Purpose of Collection: The information is used by the RCMP External Review Committee in its review of appeals of written decisions by a designated RCMP decision-maker referred to it pursuant section 17 of the RCMP Regulations regarding: results of a harassment complaint investigation (subsection 17(a)); revocation of an appointment of a member (subsection 17(b)); discharge or demotion of a member (subsections 17(c) and (d)); or the stoppage of a member's pay and allowances (subsection 17(e)).
Consistent Uses: The information may be used for research, planning, evaluation and statistical purposes. It may also be used in the dissemination of precedents, and in the preparation of reports pursuant to the RCMP Act.
Retention and Disposal Standards: These records are kept for seven years and are then destroyed, unless they form part of substantial and precedent-setting case files meeting specific criteria.
MIDA Number: 2015/004
Related Record Number: ERC EXE 041
Bank Number: ERC PPU 805
TBS Registration Number: 20160010

RCMP Member Discharge and Demotion Referrals under Part V of the former RCMP Act

Description: This bank contains information on discharge and demotion of RCMP members where such a process has been referred to the RCMP External Review Committee for review pursuant to the former RCMP Act. This bank may contain information such as names, addresses, telephone numbers, age, sex, and marital status. In addition to the requirements indicated on the Personnel Information Request Form, individuals must provide their full name and regimental number. Individuals wishing to access only specific information should identify the material desired to expedite the processing of their requests.
Class of Individuals: Members of the RCMP who have been the subject of discharge or demotion proceedings which have been referred to the RCMP External Review Committee pursuant to the former RCMP Act; any other person mentioned in the records related to proceedings leading to a decision.
Purpose of Collection: The information is used by the RCMP External Review Committee in reviewing discharge or demotion cases referred to it pursuant to the former RCMP Act.
Consistent Uses: The information may be used for research, planning, evaluation and statistical purposes. It may also be used in the dissemination of precedents, and in the preparation of reports pursuant to the RCMP Act.
Retention and Disposal Standards: These records are kept for seven years and are then destroyed, unless they form part of substantial and precedent-setting discharge and demotion case files meeting specific criteria.
MIDA Number: 2015/004
Related Record Number: ERC EXE 041
Bank Number: ERC PPU 801
TBS Registration Number: 002874

RCMP Member Discipline Referrals under Part IV of the former RCMP Act

Description: This bank contains information on the formal disciplinary decisions regarding RCMP members referred to the RCMP External Review Committee for review pursuant to the former RCMP Act. This bank may contain information such as names, addresses, telephone numbers, age, sex, and marital status. In addition to the requirements indicated on the Personal Information Request Form, individuals must provide their full name and regimental number. Individuals wishing to access only specific information should identify the material desired to expedite the processing of their requests.
Class of Individuals: Members of the RCMP who have been the subject of formal disciplinary proceedings which have been referred to the RCMP External Review Committee pursuant to the former RCMP Act; any other person mentioned in the records related to proceedings leading to a decision.
Purpose of Collection: The information is used by the RCMP External Review Committee in reviewing formal discipline cases referred to it pursuant to the former RCMP Act.
Consistent Uses: The information may be used for research, planning, evaluation and statistical purposes. It may also be used in the dissemination of precedents, and in the preparation of reports pursuant to the RCMP Act.
Retention and Disposal Standards: These records are kept for seven years and are then destroyed, unless they form part of substantial and precedent-setting discipline case files meeting specific criteria.
MIDA Number: 2015/004
Related Record Number: ERC EXE 041
Bank Number: ERC PPU 803
TBS Registration Number: 002876

RCMP Member Grievance Referrals under Part III of the former RCMP Act

Description: This bank contains information resulting from grievances submitted by members of the RCMP that have been referred to the RCMP External Review Committee for review pursuant to the former RCMP Act. This bank may contain information such as names, addresses, telephone numbers, age, sex, and marital status. In addition to the requirements indicated on the Personal Information Request Form individuals must provide their full name and regimental number. Individuals wishing to access only specific information should identify the material desired to expedite the processing of their requests.
Class of Individuals: Members of the RCMP who have submitted grievances which have been referred to the RCMP External Review Committee pursuant to the former RCMP Act; any other person mentioned in the records related to proceedings leading to a decision.
Purpose of Collection: The information is used by the RCMP External Review Committee in reviewing grievances referred to it pursuant to the former RCMP Act.
Consistent Uses: The information may be used for research, planning, evaluation and statistical purposes. It may also be used in the dissemination of precedents, and in the preparation of reports pursuant to the RCMP Act.
Retention and Disposal Standards: These records are kept for seven years and are then destroyed, unless they form part of substantial and precedent-setting grievance case files meeting specific criteria.
MIDA Number: 2015/004
Related Record Number: ERC EXE 041
Bank Number: ERC PPU 802
TBS Registration Number: 002875

Case Summaries

Description: Includes records related to case summaries issued by the RCMP External Review Committee (ERC) of its findings and recommendations in referred 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 under the RCMP Act and RCMP Regulations; and of its findings and recommendations regarding referred grievance, discipline, discharge and demotion matters under the former RCMP Act. The summaries are published in the ERC newsletter (the Communiqué) and on its website.
Document Types: Case summaries and distribution lists.
Record Number: ERC EXE 025

Communications and Outreach

Description: Includes records related to the dissemination of information on the role of the RCMP External Review Committee and its findings and recommendations, as well as information on relevant legal principles. Records include information related to subscription levels for the Communiqué and annual reports to Parliament, website traffic, volume of requests for information, presentations and meetings with stakeholders, twentieth anniversary plans, training, and other public events and activities.
Document Types: Final copies of the ERC Communiqué and its Annual Reports to Parliament, presentation and training materials, responses to information requests, website access statistics, subscription and distribution data, and distribution lists.
Record Number: ERC EXE 065

Court Case Information

Description: Includes records related to the cases referred to the RCMP External Review Committee that have been or are before the Federal Court of Canada, the Federal Court of Appeal or the Supreme Court of Canada.
Document Types: Summaries of court cases and decisions.
Record Number: ERC EXE 075

Questions of Law or Jurisdiction

Description: Includes records related to legal issues that pertain specifically to the RCMP External Review Committee mandate and jurisdiction.
Document Types: Legal opinions, advice and analyses, case law, and copies of relevant statutes, regulations and policies.
Record Number: ERC EXE 020

RCMP External Review Committee Submission to the Maher Arar Commission

Description: Includes records on the RCMP External Review Committee formal submission of information and observations before the Commission of Inquiry into the Actions of Canada Officials in Relation to Maher Arar in relation to one area of consultation raised by the Commission.
Document Types: Submission documents including statistical data, case law, and legal opinions.
Record Number: ERC EXE 085

Research

Description: Includes records related to the research activities of the RCMP External Review Committee on areas related to its mandate.
Document Types: Research reports, comparative data, thematic analyses, discussion papers, and related articles of interests.
Record Number: ERC EXE 050

Submission to the Task Force on Governance and Cultural Change in the RCMP

Description: Includes records related to the RCMP External Review Committee (ERC) formal submission of information and observations on the recommendations of the Task Force on Governance and Cultural Change in the RCMP that related to matters within the ERC mandate. Records also include vision documents and draft model legislation.
Document Types: Submission documentation, presentations, media response, backgrounders, and other supporting documents.
Record Number: ERC EXE 030

Internal Services

Internal services constitute groups of related activities and resources that are administered to support the needs of programs and other corporate obligations of an organization. These groups 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, acquisition services, and travel and other administrative services. Internal services include only those activities and resources that apply across an organization and not to those provided specifically to a program.

Acquisition Services

Acquisition services involve activities undertaken to acquire a good or service to fulfill a properly completed request (including a complete and accurate definition of requirements and certification that funds are available) until entering into or amending a contract.

Communications Services

Communications services involve activities undertaken to ensure that Government of Canada communications are effectively managed, well coordinated and responsive to the diverse information needs of the public. The communications management function ensures that the public—internal or external—receives government information, and that the views and concerns of the public are taken into account in the planning, management and evaluation of policies, programs, services and initiatives.

Financial Management Services

Financial management services involve activities undertaken to ensure the prudent use of public resources, including planning, budgeting, accounting, reporting, control and oversight, analysis, decision support and advice, and financial systems.

Human Resources Management Services

Human resources management services involve activities undertaken for determining strategic direction, allocating resources among services and processes, as well as activities relating to analyzing exposure to risk and determining appropriate countermeasures. They ensure that the service operations and programs of the federal government comply with applicable laws, regulations, policies, and plans.

Information Management Services

Information management services involve activities undertaken to achieve efficient and effective information management to support program and service delivery; foster informed decision making; facilitate accountability, transparency and collaboration; and preserve and ensure access to information and records for the benefit of present and future generations.

Information Technology Services

Information technology services involve activities undertaken to achieve efficient and effective use of information technology to support government priorities and program delivery, to increase productivity, and to enhance services to the public.

Legal Services

Legal services involve activities undertaken to enable government departments and agencies to pursue policy, program and service delivery priorities and objectives within a legally sound framework.

Management and Oversight Services

Management and oversight services involve activities undertaken for determining strategic direction and allocating resources among services and processes, as well as those activities related to analyzing exposure to risk and determining appropriate countermeasures. They ensure that the service operations and programs of the federal government comply with applicable laws, regulations, policies, and/or plans.

Materiel Services

Materiel services involve activities undertaken to ensure that materiel can be managed by departments in a sustainable and financially responsible manner that supports the cost-effective and efficient delivery of government programs.

Real Property Services

Real property services involve activities undertaken to ensure that real property is managed in a sustainable and financially responsible manner, throughout its life cycle, to support the cost-effective and efficient delivery of government programs.

Travel and Other Administrative Services

Travel and other administrative services include Government of Canada travel services, as well as those other internal services that do not smoothly fit with any of the internal services categories.

Classes of Personal Information

General Administrative Documentation

In the course of administering the program of the RCMP External Review Committee, categories of personal information are accumulated which are not contained in the specific personal information banks described in this entry. Examples of such personal information include routine correspondence of an administrative nature, information requests from the public or other organizations, contracts for personal and professional services and unsolicited applications for employment. This information is normally filed by general subject and is retrievable only if specifics are provided concerning the data and subject matter. The retention periods for these classes of personal information are controlled by the records schedules of the general subject files in which they are stored.

Manuals

Rules of Practice and Procedure of the Royal Canadian Mounted Police External Review Committee

Additional Information

For general information about making a request for access to information or personal information, see:

To make a request for information online, access the Access to Information and Personal Information Online Request Service.

To make a request for information under the Access to Information Act or the Privacy Act by mail, mail your letter or completed Access to Information Request Form (Access to Information Act) or Personal Information Request Form (Privacy Act), along with any necessary documents (such as consent or the $5 application fee for a request under the Access to Information Act), to the following address: 

RCMP External Review Committee
P.O. Box 1159, Station B
Ottawa, Ontario K1P 5R2
Telephone: 343-549-7425
Facsimile: 613-990-8969
E-mail: corporateandhrservices-servicesgenerauxetrh@erc-cee.gc.ca

RCMP External Review Committee home page

In accordance with the Access to Information Act and the Privacy Act, an area on the premises will be made available to review original materials on site if that is the applicant’s preference (and it is practical to do so), or if it is not practical to create copies of the material.

Please note: Each request made to the RCMP External Review Committee under the Access to Information Act must be accompanied by an application fee of $5. For requests made online, this is paid at the time of application via credit card. For requests made by mail, this should be paid by enclosing cheque or money order made payable to Receiver General for Canada.

The Government of Canada encourages the release of information through requests outside of the formal request processes. To make an informal request, contact: corporateandhrservices-servicesgenerauxetrh@erc-cee.gc.ca

Reading Room

In accordance with the Access to Information Act and Privacy Act, the applicant may wish to review material in person.

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