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Section II : Analysis of Program Activities by Strategic Outcome

Strategic Outcome

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

Program Activity: Independent and impartial case review

Program Activity Description

The ERC conducts an independent 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 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) by means of its website, publications and presentations.

Financial Resources ($ thousands)

2012-13	2013-14	2014-15
938	938	938

Human Resources (Full-Time Equivalent - FTE)

2012-13	2013-14	2014-15
7	7	7

Program Activity Expected Results	Performance Indicators	Targets
Parties and RCMP Commissioner are provided with a timely independent review of the dispute to facilitate transparent and accountable dispute resolution.	Percentage of cases where findings and recommendations are issued, subject to party’s right to withdraw.	100% of referred files, subject to party’s right to withdraw.
A body of findings and recommendations is made available to assist RCMP Adjudicators, parties, RCMP staff representatives to interpret legislation, regulations and policy.	Body of findings and recommendations is updated quarterly and made available online.	Updated within 2 months of end of quarter.
Public and Parliamentarians are advised of any areas for legislative, regulatory or policy change/clarification.	All recommendations for legislative change/clarification, if any, are provided to Parliament in annual report.	Annual report submitted before June 30 of each year.
The public and RCMP labour relations stakeholders have access to timely and accurate information on employment and labour relations cases referred by the RCMP to the ERC.	Proportion of stakeholders with access to ERC reports.	94% have access to ERC reports.

The ERC can dispose of matters referred to it by the Commissioner of the RCMP either on the basis of the material in the record or following a hearing. In conducting its review of the matters referred to it, the ERC attempts to achieve timeliness and quality in its recommendations, and a balance amongst the many complex and different interests involved. It strives to ensure that the principles of administrative and labour law are respected and that the remedial approach indicated by the RCMP Act is followed. In each case, the ERC must consider the public interest and ensure that members of the RCMP are treated in a fair and equitable manner.

The ERC ensures that its findings and recommendations in each case are clearly explained for the concerned parties and the Commissioner of the RCMP. Summaries of the findings and recommendations in each case, as well as articles of interest on the role of the ERC, relevant legal principles and information on related issues, are distributed widely. Communication and outreach tools include: a quarterly publication (Communiqué), including the most recent case summaries, updates, and legal principles; a website with timely inclusion of publications and case summaries; the annual report and other government accountability documents; and presentations, meetings, training and other outreach activities.

The ERC strives to make information available in a timely and accessible manner, with the objective of influencing in a positive way the RCMP labour relations environment, and contributing knowledge and ideas to the disciplines of administrative, employment, and labour law.

The ERC’s focus on effectiveness and efficiency in both its case review process and management functions will assist it to achieve these results. The statutory mandate of the ERC in the RCMP Act is case review. It is in this respect that this Program Activity contributes to the Strategic Outcome.

Program Activity: Internal Services

As indicated above, the Program Activity ‘Internal Services’ was appended to the ERC’s PAA in fiscal year 2009-10. As a result of its experience in attempting to meet the reporting requirements, the ERC determined that its uniquely small size made the reporting of this Program Activity particularly inaccurate. The related expenditures could not be reliably apportioned between program activities without an inordinate expenditure of resources. The TBS agreed with the ERC’s assertion and it granted the ERC an exemption from reporting on financial commitments to Internal Services as a separate Program Activity in that year and the next. The ERC’s circumstances remain largely unchanged, so this report will continue to present information indicating that the ERC has a single, distinct program activity.

Planning Highlights

Historical Operating Environment

The strategic outcome of the ERC is the "Independent, impartial and thorough analysis, findings and recommendations for transparency in Royal Canadian Mounted Police (RCMP) grievances and appeals." The ERC is an independent arms-length agency created under the RCMP Act. The focus of the ERC’s work is the impartial, independent and timely review of RCMP labour relations cases referred to it and the timely issuance of recommendations to the Commissioner of the RCMP.

As a very small agency, the ERC has one member who is both the Chair and Chief Executive Officer. She has been re-appointed by the Governor in Council for a term of one year, starting November 1, 2011. Under the Act, anyone who sits on the ERC cannot be a member or former member of the RCMP.

By law, the ERC’s case review process starts when the Commissioner of the RCMP refers a case to it. The ERC itself cannot initiate a review without a referral from the Commissioner. The cases that must be referred are described in the RCMP Act and include disciplinary appeals, discharge and demotion appeals and certain categories of grievances. When the ERC conducts a case review, it examines the entire record including: the original documents, the decision made, and the submissions of the parties. Where the review involves the appeal of a disciplinary, or discharge or demotion decision, the transcript of the Adjudication Board hearing is also before the ERC, as well as any exhibits entered at the hearing. The ERC reviews all the evidence, legal issues, relevant legislation and judicial decisions in making its recommendation. After consideration of all the issues, the ERC provides findings and recommendations to the Commissioner of the RCMP, who is the final decision-maker.

The expeditious handling of cases referred to the ERC is fundamental to maintaining its integrity and credibility in carrying out its statutory mandate. The ERC routinely deals with, and must respond to, significant fluctuations in workload, as it has no control over the number of cases that are referred to it. The ERC has adopted a number of case management practices to ensure that its review process is as expeditious as possible and to enhance the quality of its findings and recommendations.

The ERC is committed to continuing its quality case reviews as long as required and to supporting any future form of labour relations structure that may be designed.

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