2014‑15 Departmental Performance Report

____________________________
The Honourable Harjit Sajjan
Minister of National Defence

© Her Majesty the Queen in Right of Canada,
represented by the Military Police Complaints Commission of Canada, 2015.
ISSN 2368‑5050

Table of Contents

Interim Chairperson’s Message

The Military Police Complaints Commission of Canada (MPCC) reached several significant milestones in 2014-15. It completed its interim report on the Fynes Public Interest Hearing (PIH), which it submitted to the senior military leadership and the Minister of National Defence in May 2014. The Canadian Forces Provost Marshal responded to that report with its Notice of Action in December 2014. In March 2015, the MPCC released the final report on the Fynes PIH.

The 1,008-page report is based on 62 days of hearings over a 10-month period. The MPCC heard from 90 witnesses whose testimony filled more than 12,500 pages; it reviewed 1,699 documents entered as exhibits during the hearing totalling more than 22,000 pages of material.

In addition to its impressive work on the Fynes file, staff continued to respond to the demands of a growing workload. The number of new cases has increased by 29% in the past five years. Moreover, as sometimes happens, cases under review are carried over from year to year. MPCC staff continues to work on a complex multi-jurisdictional case. The interim report on this intricate case is expected before the end of calendar year 2015. 

The MPCC has the sole responsibility for investigating and resolving complaints of interference in military police investigations. It is an area of jurisprudence unique to military policing in Canada and the MPCC’s work is now supported by 15 years of experience. In August 2014, the MPCC released its Special Report on Interference which details a dozen case examples. It also serves as a primer on the evolution of the MPCC itself, describing how legislative changes and changes to the Military Police Chain of Command have both had a significant impact on the MPCC’s work.  

A departure of note in 2015: our Chairperson, Glenn M. Stannard, who had stayed on to complete his work on the Fynes complaint, was able to take a long-anticipated retirement from the MPCC, following the publication the Fynes Final Report. Mr. Stannard’s contributions to the mandate of the MPCC were significant since he took over as Chairperson in 2009.

I am honoured to have been asked to serve as the Interim Chairperson until our new Chairperson Ms. Hilary McCormack begins her mandate in October 2015. I look forward to working with Ms. McCormack and continuing to work with the MPCC’s staff whose dedication, perseverance and professionalism is an ongoing source of inspiration.





_______________________
Michel Séguin, O.O.M.
Interim Chairperson

Section I: Organizational Expenditure Overview

Organizational Profile

Appropriate Minister: The Honourable Harjit Sajjan, Minister of National Defence

Institutional Head: Michel Séguin, Interim Chairperson

Ministerial Portfolio: Defence Portfolio

Enabling Instrument(s): National Defence ActEndnote i, Part IV

Year of Incorporation / Commencement: 1998

For more information, please visit the MPCC’s websiteEndnote ii.

Organizational Context

Raison d’être

On behalf of all Canadians, the Military Police Complaints Commission of Canada (MPCC) exists to provide greater public accountability by the Military Police (MP) and the chain of command in relation to MP activities. The MPCC derives its mandate from Part IV of Canada's National Defence ActEndnote iii (NDA).

Responsibilities

The MPCC’s mandate is to:

The MPCC’s mission is to promote and ensure the highest standards of conduct of MP in the performance of policing duties and to discourage interference in any MP investigation.

The MPCC fulfils its mandate and mission by exercising the following responsibilities:

In fulfilling its independent civilian oversight responsibilities, the MPCC has a crucially important working relationship with the CFPM and the Deputy Commander Canadian Forces Military Police Group/Professional StandardsEndnote viii (DComd CF MP Gp/PS). On April 1, 2011, the CFPM assumed full command of all MP members who are directly involved in policing. The CFPM also assigns MP elements to other supported commanders under operational command.

The DComd CF MP Gp/PS manages public complaint and internal MP conduct investigations and ensures adherence to the Military Police Professional Code of ConductEndnote ix.

Fostering a mutually respectful working relationship between the MPCC, the CFPM and DComd CF MP Gp/PS facilitates the conduct of complaint investigations and the likelihood recommendations will be accepted and implemented.

For more information on the MPCC, please visit the MPCC’s About UsEndnote x web page.

Strategic Outcome(s) and Program Alignment Architecture

1. Strategic Outcome: The Military Police Complaints Commission (MPCC) ensures that the Canadian Forces Military Police has the highest standard of conduct according to law and police best practices, and is free from interference in its investigations.

1.1 Complaints Resolution:

Internal Services

Organizational Priorities

Organizational Priorities

Priority 1 TypeFootnote 1 Strategic Outcome(s) [and/or] Program(s)
Priority 1: Improving the effectiveness and efficiency of the complaints resolution process. Ongoing Complaints Resolution
Summary of Progress
Continued, Effective Collaboration: The MPCC continues to work with the CFPM, the DComd CF MP Gp/PS and other senior MP staff to foster an environment that supports the acceptance and implementation of recommendations. The MPCC has no control over the complaints received or the resulting volume, complexity and size of the investigations.  The MPCC continues to refine the planning and conduct of its investigations.

Outreach: The MPCC continued its Outreach Program at CAF bases and its presentations to participants at the Military Police Training Academy in Borden, Ontario. These base visits and other presentations allow stakeholders to gain a further appreciation of the MPCC, how it operates and allows the MPCC to further expand its knowledge of the many challenges faced by the MP.
Priority 2 TypeFootnote 2 Strategic Outcome(s) [and/or] Program(s)
Priority 2: Provision of meaningful recommendations. Ongoing Complaints Resolution
Summary of Progress
Refining the Planning and Conduct of Investigations: The MPCC continues to review and explore innovative ways to plan and coordinate investigations in a timely manner, and complete investigations resulting in meaningful recommendations for changes in MP conduct both at the individual MP level and systemic level.
Priority 3 TypeFootnote 3 Strategic Outcome(s) [and/or] Program(s)
Priority 3: Improving Internal Services Ongoing Internal Services
Summary of Progress
Review and Update of the MPCC Management Accountability Frameworks (MAF):

The MPCC continues to review, update and streamline new requirements into its management accountability frameworks aligned with the government-wide MAF. The MPCC undergoes self-assessments through management reviews, including all formal evaluations and audits, to validate the frameworks and other instruments. For example, the MPCC completed the review of its staffing files and bid solicitation / contract files improving compliances while demonstrating strong stewardship.

Risk Analysis

Key Risks

Risk Risk Response Strategy Link to Program Alignment Architecture
Operational Demands

Identified in the 2014-15 RPP, the MPCC continued to follow its critical path while remaining open to possible improvements and refinements to accommodate unique circumstances. It examined case management, administrative and other options, such as procedural efficiencies and technology applications, in order to ensure available resources continue to be optimized.

The MPCC continued to tailor the scope and resources devoted to investigations to the complexity and needs of particular cases.

Complaints Resolution
Internal Services
Human Resources

Identified in the 2014-15 RPP, the MPCC’s Human Resource Framework – Plans and Strategies has been updated to align with the Common Human Resource Business Plan (CHRBP), which was endorsed as the government-wide standard for managing human resources.

With the mitigating strategy to address the program integrity, the MPCC created human resources advisors positions to further strengthen management of its staffing and other human resources programs, services and products.  As noted in the 2014-15 RPP, the MPCC successfully staffed the new human resources advisor positions in 2014-15.

In order to fulfill vacancies as quickly as possible, the MPCC stresses effective human resource planning, anticipating potential staff turnover and developing staffing strategies to ensure knowledge is retained through activities (such as knowledge transfer and employee learning plans).

Complaints Resolution
Internal Services
Reporting Burden

Identified in the 2014-15 RPP, the MPCC continued to develop a planned approach in order to reduce reporting burden and meet report deadlines.  The MPCC reduced the duplication of information in many reports by adding links within the report to the MPCC’s website, when possible.

Complaints Resolution
Internal Services
Financial Resources

New risk - In December 2013, a one-time transfer was completed to accommodate personnel and to renovate the boardroom. As a result of delays in beginning renovations to the MPCC offices, $941,024 was re-profiled from 2014-15 to 2015-16.

Complaints Resolution
Internal Services

The MPCC manages an unpredictable and diverse portfolio of conduct and interference complaints involving complex and often unique issues. Investigating these complaints represents a significant workload for staff and Commission Members involving significant resources, intensive research and data gathering, as well as detailed analyses of voluminous recorded and written evidence. Such activities impact the duration of investigations, the resources and time required to prepare Interim and Final Reports, as well as the overall cost.

When investigations result in a decision to hold a Public Interest Hearing (PIH), the process is even further complicated and costly, often involving the need to seek additional funding, as well as addressing detailed internal and external logistical issues.

The MPCC’s effectiveness depends, to a great degree, on its knowledgeable and stable workforce. However, like all micro-agencies, it is difficult to retain employees when the size and flatness of the organization impacts opportunities for advancement. One MPCC employee may oversee several programs and services. When staffing a position is lengthy, these delays result in increased costs to the MPCC which relies on the use of consultants to oversee the duties of the vacant position. As well, the MPCC must also transfer some, if not all, duties thereby increasing the workload of other employees who are already fulfilling their existing responsibilities.

Some of the risks identified in the 2014-15 DPR are ongoing while others are short-term. With limited resources, the MPCC continues to strive to find creative and innovative ways to address and mitigate risks, whether ongoing or new.  The MPCC continues to identify efficient ways of delivering services to meet its strategic outcome, mandates and services to Canadians, MP members, clients and stakeholders.

Actual Expenditures

Budgetary Financial Resources (dollars)
2014–15
Main Estimates
2014–15
Planned Spending
2014–15
Total Authorities
Available for Use
2014–15
Actual Spending
(authorities used)
Difference
(actual minus planned)
5,618,520 5,618,520 8,086,805 4,965,273 3,121,532
Human Resources (Full-Time Equivalents [FTEs])
2014–15
Planned
2014–15
Actual
2014–15
Difference
(actual minus planned)
30 26 4
Budgetary Performance Summary for Strategic Outcome(s) and Program(s) (dollars)
Strategic Outcome(s), Program(s) and Internal Services 2014–15
Main Estimates
2014–15
Planned Spending
2015–16
Planned Spending
2016–17
Planned Spending
2014–15 Total Authorities Available for Use 2014–15
Actual Spending (authorities used)
2013–14
Actual Spending (authorities used)
2012–13
Actual Spending (authorities used)
Total 5,618,520 5,618,520 5,614,814 4,664,415 8,086,805 4,965,273 5,520,205 4,922,920
Strategic Outcome 1: The Military Police Complaints Commission (MPCC) ensures that the Canadian Forces Military Police has the highest standard of conduct according to law and police best practices, and is free from interference in its investigations.
Complaints Resolution 2,808,098 2,808,098 2,744,736 2,744,726 5,246,257 2,754,359 3,304,538 2,715,243
Subtotal 2,808,098 2,808,098 2,744,736 2,744,726 5,246,257 2,754,359 3,304,538 2,715,243
Internal Services Subtotal 2,810,422 2,810,422 2,870,078 1,919,689 2,840,548 2,210,914 2,215,667 2,207,677

The MPCC’s 2014-15 planned spending was based on its Main Estimates of $5,618,520.
Re-profiled funds from 2013-14 of $2,381,486 were approved through the Supplementary Estimates (B): $1,506,000 for the Fynes Public Interest Hearing (PIH), and $875,486 for the ongoing multi-jurisdictional conduct review. Most of those funds lapsed at the end of 2014 - 15, as actual expenditures for these two items totalled only $846,691.

The MPCC re-profiled $941,024 to 2015-16, due to delays in renovating its facilities.

Alignment of Spending With the Whole-of-Government Framework

Alignment of 2014-15 Actual Spending With the Whole-of-Government FrameworkEndnote xi (dollars)

Strategic Outcome Program Spending Area Government of Canada Outcome 2014-15 Actual Spending
The Military Police Complaints Commission  (MPCC) ensures that the Canadian Forces Military Police has the highest standard of conduct according to law and police best practices, and is free from interference in its investigations. Complaints Resolution Social Affairs Safe and Secure Canada 4,965,273

Total Spending by Spending Area (dollars)

Spending Area Total Planned Spending Total Actual Spending
Economic Affairs - -
Social Affairs 5,618,520 4,965,273
International Affairs - -
Government Affairs - -

Departmental Spending Trend (dollars)

Departmental Spending Trend Graph
  2012-13 2013-14 2014-15 2015-16 2016-17 2017-18
Sunset Programs - Anticipated 0 0 0 0 0 0
Statutory 305,562 360,406 346,272 456,606 456,606 456,606
Voted 4,995,927 5,159,799 4,619,001 5,158,208 4,215,744 4,215,744

Spending was higher than usual during 2012-13 and 2013-14, due to the cost of the Fynes Public Interest Hearing (PIH), and the ongoing multi-jurisdictional conduct review.  2015-16 spending levels will also be high, as $941,024 for renovations to the MPCC facilities has been re-profiled from 2014-15. A return to anticipated spending levels is expected for 2016-17 and 2017-18. This could change, however, if there is an increase in complaints or if the MPCC holds a PIH.

Expenditures by Vote

For information on MPCC’s organizational Voted and statutory expenditures, consult the Public Accounts of Canada 2015,Endnote xii which is available on the Public Works and Government Services Canada website.Endnote xiii

Section II: Analysis of Program(s) by Strategic Outcome

Strategic Outcome

The Military Police Complaints Commission (MPCC) ensures that the Canadian Forces Military Police has the highest standard of conduct according to law and police best practices, and is free from interference in its investigations.

Program 1.1: Complaints Resolution

Description

This program aims to successfully resolve complaints about the conduct of the MP members as well as complaints of interference with MP investigations by overseeing and reviewing all complaints received. This program is necessary to help the MP to be as effective and as professional as possible in their policing duties or functions.

Budgetary Financial Resources (dollars)
2014–15
Main Estimates
2014–15
Planned Spending
2014–15
Total Authorities
Available for Use
2014–15
Actual Spending (authorities used)
2014–15
Difference
(actual minus planned)
2,808,098 2,808,098 5,246,257 2,754,359 2,491,898
Human Resources (Full-Time Equivalents [FTEs])
2014–15
Planned
2014–15
Actual
2014–15
Difference
(actual minus planned)
11 11Footnote 4 0
Performance Results
Expected Results Performance Indicators Targets Actual Results
Recommendations resulting from investigations of conduct or interference complaints accepted by the Department of National Defence and / or the Canadian Forces. % of recommendations accepted 70% 40%*
Individual members received remedial measures and/or improvements were made to Military Police policies and practices pursuant to investigations of conduct or interference complaints.Footnote 5 % Improvements made 70% 33%**

Performance Analysis and Lessons Learned

* An unusually large proportion of the recommendations made by the MPCC during the reporting period – 96/112, or 86%, arises from one large case – a complex public interest hearing (the Fynes PIH).  In this case, a large number of the CFPM responses to the MPCC recommendations (70%) were framed in non-committal language, rather than in terms of a straightforward “accepted” or “not accepted”.  In the circumstances of this case, the MPCC deemed these non-committal responses as not accepting of the associated recommendation. For all the other cases completed during the reporting period, 100% of MPCC recommendations were accepted.

**Given the timing of release of certain final reports was late in the fiscal year, confirmation of the status of many recommendations considered accepted is not yet available.  Therefore, for the purposes of this indicator, those recommendations, which we have been advised are at various stages of implementation, have been deemed to be not yet fully implemented.

Internal Services

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. 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, Material Services, Acquisition Services, and Travel and Other Administrative Services. Internal Services include only those activities and resources that apply across an organization and not those provided to a specific program.

Budgetary Financial Resources (dollars)
2014–15
Main Estimates
2014–15
Planned Spending
2014–15
Total Authorities
Available for Use
2014–15
Actual Spending (authorities used)
2014–15
Difference
(actual minus planned)
2,810,422 2,810,422 2,840,548 2,210,914 629,634
Human Resources (FTEs)
2014–15
Planned
2014–15
Actual
2014–15
Difference
(actual minus planned)
19 15 4

Performance Analysis and Lessons Learned

The MPCC moved forward with several staffing actions during the 2014-15, increasing its staff from 8 to 15 full time equivalent (FTE) positions. The MPCC hired consultants and used temporary help services to address its staffing shortfall during this period.

The MPCC did not renovate its office space as planned during the 2014-15, due to a number of factors including the lengthy project management system used by the lease holder (Public Works and Government Services Canada), and the requirement to adhere to the Government of Canada’s Workplace 2.0 fit-up standards. The MPCC has had to negotiate its lease beyond 2017, causing further delays. As a result, the funds were re-profiled into 2015-16. Renovations are scheduled to begin in the fall of 2015.

There has been steady progress meeting the requirements of the government’s Treasury Board Directive on RecordkeepingEndnote xiv. IM/IT staff continues to work on the implementation of the Electronic Documents and Records Management System (EDRMS). The IT staff has finished its work setting up the system. Delays establishing the records management component (IM) are due, in part, to staffing challenges. The day-to-day management of MPCC records has been the responsibility of contract staff who are filling in for the Records and Information Management Officer position during a two-year leave.

During 2014-15, the MPCC engaged employees in the Destination 2020 initiative through self-directed and facilitated activities. People management, one of the initiative’s five priority areas, focuses on flexible work options and a healthy workplace.

Section III: Supplementary Information

Financial Statements Highlights

Condensed Statement of Operations (unaudited)
For the Year Ended March 31, 2015
(dollars)
Financial Information 2014–15
Planned
Results
2014–15
Actual
2013–14
Actual
Difference (2014–15 actual minus 2014–15 planned) Difference (2014–15 actual minus 2013–14 actual)
Total expenses 5,281,513 4,977,267 5,530,424 (304,246) (553,157)
Total revenues - - - - -
Net cost of operations before government funding and transfers 5,281,513 4,977,267 5,530,424 (304,246) (553,157)
Condensed Statement of Financial Position (unaudited)
As at March 31, 2015
(dollars)
Financial Information 2014–15 2013–14 Difference
(2014–15 minus
2013–14)
Total net liabilities 462,929 511,423 (48,494)
Total net financial assets 385,282 427,783 (42,501)
Departmental net debt 77,647 83,640 (5,993)
Total non-financial assets 201,784 120,668 81,116
Departmental net financial position 124,137 37,028 87,109

Financial Statements

The financial highlights presented within this Departmental Performance Report are intended to serve as a general overview of the MPCC’s financial position and operations. The MPCC’s financial statementsEndnote xv can be found on its website.

Supplementary Information Tables

The supplementary information tables listed in the 2014–15 Departmental Performance Report are available on the MPCC’s website.

Tax Expenditures and Evaluations

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 EvaluationsEndnote xvii publication. The tax measures presented in the Tax Expenditures and Evaluations publication are the responsibility of the Minister of Finance.

Section IV: Organizational Contact Information

How to reach the MPCC

Appendix: Definitions

appropriation (crédit):
Any authority of Parliament to pay money out of the Consolidated Revenue Fund.
budgetary expenditures (dépenses budgétaires):
Includes operating and capital expenditures; transfer payments to other levels of government, organizations or individuals; and payments to Crown corporations.
Departmental Performance Report (rapport ministériel sur le rendement):
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 (équivalent temps plein):
Is a measure of the extent to which an employee represents a full person per 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 (résultats du gouvernement du Canada):
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 (Structure de la gestion, des ressources et des résultats):
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 (dépenses non budgétaires):
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 (rendement):
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 (indicateur de rendement):
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 (production de rapports sur le rendement):
The process of communicating evidence-based performance information. Performance reporting supports decision-making, accountability and transparency.
planned spending (dépenses prévues):
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 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.
plan (plan):
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 (priorité):
Plans or projects 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(programme):
A group of related resource inputs and activities that are managed to meet specific needs and to achieve intended results and are treated as a budgetary unit.
Program Alignment Architecture (architecture d’alignement des programmes):
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 (rapport sur les plans et les priorités):
Provides information on the plans and expected performance of appropriated organizations over a three-year period. These reports are tabled in Parliament each spring.
result (résultat):
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.
statutory expenditures (dépenses législatives):
Expenditures that Parliament has approved through legislation other than appropriation acts. The legislation sets out the purpose of the expenditures and the terms and conditions under which they may be made.
Strategic Outcome (résultat stratégique):
A long-term and enduring benefit to Canadians that is linked to the organization’s mandate, vision and core functions.
sunset program (programme temporisé):
A time-limited program that does not have 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 (cible):
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.
voted expenditures (dépenses votées):
Expenditures that Parliament approves annually through an Appropriation Act. The Vote wording becomes the governing conditions under which these expenditures may be made.
whole-of-government framework (cadre pangouvernemental):
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.
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