MANAGEMENT ACTION PLAN

AUDITOR GENERAL’S REPORT, CHAPTER 5

FIRST NATIONS POLICING PROGRAM

Recommendation

Departmental response

Management Implementation Actions

Lead[1]

Timelines

(5.25). Public Safety Canada should work with the Province of Ontario and First Nations to ensure that all self-administered agreements funded through the First Nations Policing Program clearly state that First Nations policing services comply with the provincial legislative framework that applies to all policing services in the province.

Agreed. As self-administered agreements funded through the First Nations Policing Program in Ontario are renewed, Public Safety Canada will continue to work with the Province of Ontario, to the extent that the Province is willing, and First Nations to develop agreed-upon wording that appropriately reflects the relevant legislative and/or policy framework.

· PS will inform the Government of Ontario of the Audit findings and clarify the federal interest in working together to address the recommendation, and invite Ontario officials to consider when and how to involve First Nations.

Director General, Aboriginal and Policing Policy Directorate, CSCCB

· By September 30, 2014 (completed)

 (5.29).  Public Safety Canada should take appropriate measures to update the principles of the First Nations Policing Policy and incorporate these updated principles into the First Nations Policing Program’s Terms and Conditions, and, as applicable, in the policing agreements.

Agreed. Public Safety Canada will take appropriate measures to update the policy principles for the Program, and will incorporate these updated principles into the Program’s Terms and Conditions and in the policing agreements, as applicable.

· PS will take a two-phase approach to addressing this recommendation. Firstly, the Department will develop a policy priorities document that is in keeping with the 2013 renewal of the FNPP and its updated Terms and Conditions.

· PS will use this document to inform revisions to the First Nations Policing Policy at the time of the next renewal of the Program.

Director General, Aboriginal and Policing Policy Directorate, CSCCB

Director General, Aboriginal and Policing Policy Directorate, CSCCB

· By September 30, 2014 (completed)

· By April 1, 2018

(5.37).  Public Safety Canada should ensure that the First Nations Policing Program is accessible and transparent, and operates in full compliance with Treasury Board’s Policy on Transfer Payments and Directive on Transfer Payments.

Agreed. Public Safety Canada has developed updated Terms and Conditions for the First Nations Policing Program. The new Terms and Conditions, which took effect on April 1, 2014, ensure that contribution agreements under the Program operate in full compliance with the Treasury Board Policy and Directive on Transfer Payments. Guidelines based on these Terms and Conditions are expected to be made available on the Public Safety Canada web site in Spring 2014.

· New Terms and Conditions for the FNPP have been developed.  These new Terms and Conditions ensure that the Program operates in full compliance with the Treasury Board Policy and Directive on Transfer Payments.

· PS will ensure that the Terms and Conditions for the FNPP are posted on the Public Safety Canada website in order to increase transparency.

Director General, Aboriginal and Policing Policy Directorate, CSCCB

Director General, Aboriginal and Policing Policy Directorate, CSCCB

· By April 1, 2014 (completed)

· By May 30, 2014 (completed)

(5.44). Public Safety Canada should clarify what specific policing services the First Nations Policing Program is intended to fund and ensure that

- the program intent is reflected in the agreements that are funded by the program, and

- policing services funded by the program are not replacing provincial policing services.

Agreed. The Department commits to ensuring that First Nations Policing Program (FNPP) funding is used to support the delivery of policing services in keeping with the following definitions in the Program’s new Terms and Conditions, which will take effect on April 1, 2014:

·  - For FNPP agreements where the Royal Canadian Mounted Police (RCMP) is the police service provider, the FNPP is meant to enable a level of policing services that supplements the level that has been agreed to pursuant to each Provincial or Territorial Police Service Agreement, where the RCMP is used or employed for aiding in the administration of justice and in carrying into effect the laws in force in those jurisdictions.

·  - For FNPP agreements where the police service provider is a First Nation or Inuit police service, the FNPP is meant to enable these police services to provide the day-to-day policing services to the First Nation or Inuit community (or communities) specified in the agreement. These police services, however, do not provide specialized services, such as specialized investigation teams and forensic services.  Such specialized services continue to be provided by the provincial or territorial police of jurisdiction on an as-needed basis.

The Department also commits to ensuring that agreements under the FNPP are not replacing provincial or territorial policing services provided by the RCMP under contract with the provinces or territories.

· PS will implement new Terms and Conditions for the FNPP, which provide additional clarity on:

· The role of the RCMP in providing services pursuant to an FNPP CTA agreement; and

· The role of a First Nation or Inuit police service working pursuant to an FNPP self-administered agreement.

· All new Framework Agreements under the FNPP, effective April 1, 2014 or later, will include language stating that policing services provided pursuant to an FNPP Community Tripartite Agreement are separate and distinct from, but in addition to the level of policing services that have been established and are provided under the Provincial/Territorial Police Service Agreement.

· PS will update current monitoring policies so that they ensure that officers serving under FNPP policing agreements are not replacing provincial and territorial policing services provided by the RCMP pursuant to the Provincial / Territorial Police Service Agreements.

Director General, Programs, EMPB

Director General, Programs, EMPB

Director General Programs, EMPB

· Effective   April 1, 2014 (completed)

· Effective   April 1, 2014 (completed)

· By April 1, 2015

(5.50). Public Safety Canada should ensure that First Nations have meaningful input when entering into new and renewed policing agreements.

Agreed. Public Safety Canada will continue to work with First Nations to provide the opportunity for meaningful input when entering into new and renewed policing agreements.

· PS will implement the use of standardized templates for FNPP agreements. These are expected to allow additional time for First Nation and Inuit communities to provide meaningful input prior to the signing of future agreements.

· PS will engage with Aboriginal organizations such as the Assembly of First Nations and the First Nations Chiefs of Police Association, to discuss First Nation concerns regarding opportunities to provide input to agreements.

Director General, Programs, EMPB

Director General, Programs, EMPB & Director General, Aboriginal and Policing Policy Directorate, CSCCB

· Effective   April 1, 2014 (completed)

· By November 30, 2014

(5.62). Public Safety Canada should work with provinces and First Nation communities to develop mechanisms that will provide reasonable assurance that police facilities located in First Nations communities, used to support policing services funded through First Nations Policing Program agreements, comply with applicable building standards and standards for policing facilities.

Agreed. Public Safety Canada will work with provinces, territories and First Nation and Inuit communities to consider and develop mutually-acceptable mechanisms that will provide reasonable assurance that police facilities located in First Nations communities, used to support policing services funded through FNPP agreements, comply with applicable building and policing facility standards. As these discussions proceed, the Department will work with these partners to develop a better understanding of the state of existing policing infrastructure in First Nation and Inuit communities that receive policing services funded under the FNPP.

· In all new self-administered FNPP agreements, clauses will be added to ensure that police facilities located in First Nation communities are inspected regularly, in keeping with the fire safety and occupational health and safety standards set out in the National Building Code and the National Fire Code.

· PS will engage in discussions with federal partners, provinces and territories and First Nation communities toward the development of appropriate mechanisms to ensure compliance with applicable building standards and standards for policing facilities.

· PS will approach provincial/territorial partners to discuss each jurisdiction’s willingness to share the cost of a review of the state of policing infrastructure in FNPP communities.

Director General, Programs, EMPB

Director General, Programs, EMPB  

Director General, Aboriginal and Policing Policy Directorate, CSCCB

· Effective   April 1, 2014 (completed)

· By March 31, 2017

· By March 31, 2015

(5.66). Public Safety Canada should review whether there are more economical ways than leasing to provide funding for policing facilities to First Nations communities receiving policing services funded under the First Nations Policing Program.

Agreed. Public Safety Canada will review whether there are more economical ways than leasing to provide funding for policing facilities to First Nation communities that receive policing services funded under the First Nations Policing Program.

· PS will explore options that could allow for the provision of funding for policing facilities to First Nation communities, with a view to determining whether there are more economical ways than leasing to provide such funding.

Director General, Aboriginal and Policing Policy, CSCCB

· By March 31, 2016

(5.71). Public Safety Canada should measure and report on the performance of the First Nations Policing Program in a manner that brings together financial and non-financial information to link management of risks, attainment of objectives, and results.

Agreed.  Public Safety Canada will continue to refine the First Nations Policing Program Performance Measurement Strategy in keeping with the requirements of Treasury Board Policies, Directives and Standards, to ensure that credible and reliable performance data are being collected to allow the Department to monitor and assess the results of the Program.  These efforts will include the completion of a revised Performance Measurement Strategy in 2014-2015 and the preparation of annual internal performance reports.

· PS officials will finalize an Assistant Deputy Minister-approved Performance Measurement Strategy (PMS) for the FNPP.

· PS will also develop and implement annual internal performance reports based on the new PMS.

Director General, Programs, EMPB

Director General, Programs, EMPB

· By December 31, 2014

· By September 30, 2015



[1] Given the organizational re-alignment that is currently under way at Public Safety Canada, the Public Safety Canada lead may shift between the DG, Programs, Emergency Management and Programs Branch (EMPB) and the DG, Aboriginal and Policing Policy Directorate, Community Safety and Countering Crime Branch (CSCCB). In some cases, both Directors General are identified as co-leads.