Horizontal Initiatives

Name of Horizontal Initiative: Integrated Market Enforcement Teams (IMET) Program

Name of lead department: Public Safety Canada

Lead department PAA Program: Countering Crime

Start date: 2003-04

End date: 2012-13 and Ongoing

Total federal funding allocation (from start date to end date): $302,599,000 from 2003-04 through 2012-13 and $36,800,000 ongoing*

*All numbers include the employee benefits plans (EBP) and PWGSC accommodation costs.

Description of the horizontal initiative (including funding agreement): The objective of the IMET program is to effectively enforce the law against serious criminal capital market fraud offences in Canada. To achieve this objective, IMET is mandated to investigate serious Criminal Code capital market fraud offences that are of regional or national significance and threaten investor confidence or economic stability in Canada.

Shared outcome: Improved Canadian and international investor confidence in the integrity of Canada's capital markets

Governance structure: The IMET Executive Council is composed of senior officials from the Royal Canadian Mounted Police (co-chair), Department of Finance (co-chair), the Office of the Director of Public Prosecutions, Department of Justice and Public Safety Canada. The IMET Executive Council provides strategic oversight for the IMET program.

Performance highlights: Concluded a Ministerial Expert Panel that provided advice and recommendations on practices to enhance the strategic orientation and performance of the IMET program. IMET partners continue to address the recommendations. Work was also undertaken to enhance the performance measurement of the IMET program.

Federal partners

PAA Programs

 Contributing activities/ programs

Total allocation (FY 2003-04 to 2012-13 and Ongoing)
(in dollars)

2013–14
(in dollars)

Planned spending

Actual spending

Expected results

Contributing activity/ program results (using specific indicators)Footnote 1

Public Safety Canada

Countering Crime

IMET

FY 2003-04 to FY 2007-08: $1,125,000
FY 2008-09 to FY 2012-13: $1,703,290
(Ongoing: $340,658)

$340,658

$412,324

Fulfillment of Public Safety Canada's IMET program management responsibilities, including coordinating reporting, evaluations, policy development and research.

Public Safety Canada supported the work of a panel of experts that provided advice and recommendations on practices to enhance the strategic orientation and performance of the IMET program. The Department provided leadership and policy advice on the strategic objectives of the IMET program.

Internal Services

IMET

FY 2008-09 to FY 2012-13: $590,660
(Ongoing: $68,132)

$68,132

$68,132

Provision of program support.

Supported the work of the program by providing key corporate services.

Royal Canadian Mounted Police (RCMP)

Federal and International Operations

IMET

FY 2003-04 to FY 2007-08: $74,000,000
FY 2008-09 to FY 2012-13: $154,584,010
(Ongoing: $30,968,817)

$30,968,817

$20,675,100

The RCMP's IMET Program continues to be intelligence-led and proactive, and strives to fulfill its mandate to the fullest extent possible based on funding received. It will perform its prevention and investigation responsibilities, including the operation of the securities intelligence units (SIUs), investigative teams, headquarters operational support, and program management.

The IMET Program has maintained its focus on proactive policing by dedicating resources to intelligence led, proactive investigative initiatives, resulting in two new investigative initiatives of this nature being undertaken during this reporting period. In support of intelligence-led policing, the IMET Program “Meet the Street” initiative has continued to develop, resulting in over 15 separate presentations to compliance professionals from investment dealers and pension funds, as well as to University MBA faculty/ students and the legal community. IMET personnel have hosted “Industry Roundtable” meetings with senior pension fund compliance officers and investment dealers in Toronto. In furtherance of the Federal Policing Re-engineering process, National Headquarters is working closely with the RCMP Divisions where capital market investigative resources are located and, with enforcement partners (i.e. Securities Commissions, Provincial Police Forces, Provincial Attorney General's Offices), to enhance investigative and intelligence-led activities with the goal of increased results. This is being achieved through stronger integration with our partners, the sharing and leveraging of each other's expertise, combined with an intelligence sharing and tailored training to enhance our capital markets investigative capacity.

Office of the Director of Public Prosecutions (ODPP)

Regulatory offences and economic crime prosecution program

IMET

FY 2003-04 to FY 2007-08: $3,750,000*
FY 2008-09 to FY 2012-13: $29,266,685
(Ongoing: $4,353,337)

$4,353,337

$3,014,827

Provision of pre-charge legal advice and litigation support, as well as prosecution of serious capital market fraud offences under the Criminal Code in response to the workload generated by the IMETs.

Over the course of 2013-14, the ODPP dedicated a total of 16,602 hours to IMET-related activities, including the provision of legal advice and litigation support, prosecution services as well as management and administrative support.
ODPP counsel participated in two significant IMET-related prosecutions, one in Montreal and one in Halifax. In addition, ODPP advisors regularly provided legal assistance throughout the investigations.

Department of Justice

Stewardship of the Canadian Legal Framework**

IMET

FY 2003-04 to FY 2007-08: $26,674,000*
FY 2008-09 to FY 2012-13: $9,075,780
(Ongoing: $705,156)

$705,156

$137,802

Market fraud cases are effectively prosecuted in order to maintain confidence in Canadian capital markets.

The object of the IMETs Reserve Fund is to assist Provincial Attorneys General by defraying certain prosecution related costs arising from IMET investigations. In 2013-14, no application for funding was received.

Legal Services to Government Program**

IMET

FY 2008-09 to FY 2012-13:
$844,110

(Ongoing: $168,822)

$172,053

$191,895

The International Assistance Group (IAG) provides legal advice on international assistance requests and coordinates all IMET requests to and from foreign countries. Once a request for mutual legal assistance has been executed, it is the responsibility of the RCMP, not the IAG, to monitor the outcome of the relevant investigation or prosecution for which the evidence was gathered.

The International Assistance Group (IAG) provided legal advice on international assistance requests and coordinated all IMET requests to and from foreign countries, including:

  • assisted IMET personnel in the preparation of all outgoing mutual legal assistance (MLA) requests;
  • liaised regularly with IMET headquarters and IMET regional offices;
  • provided legal advice and assistance in the area of MLA to IMET headquarters and IMET regional offices (Montreal, Toronto, Calgary and Vancouver) with respect to current and potential MLA requests;
  • reviewed and approved IMET MLA requests;
  • transmitted IMET's outgoing MLA requests to the central authority of the requested state;
  • followed-up with IMET personnel and foreign central authorities to ensure that all IMET MLA requests were executed in accordance with the treaty and the terms of the request;
  • assisted in the gathering of evidence of all 16 outgoing MLA original and supplemental requests in relation to IMET investigations;
  • reviewed all incoming IMET MLA requests to ensure that they met the relevant treaty and Canadian legal requirements;
  • prepared monthly IMET MLA status reports that were provided to IMET headquarters and IMET regional offices; and
  • met quarterly with IMET headquarters and ODPP and provided legal advice in the areas of current and potential MLA requests.

Internal Services

IMET

FY 2008-09 to FY 2012-13: $113,425
(Ongoing: $22,685)

$22,685

$22,685

Provision of program support.

Supported the work of the program by providing key corporate services.

Finance Canada

Economic and Fiscal Policy Framework

IMET

FY 2008-09 to FY 2012-13:
$872,040***

(Ongoing: $172,393)

$172,393

$172,393

As Co-Chair of the IMET Executive Council and the Interdepartmental Working Group, Finance Canada is to provide strategic direction to the IMET program that reflects the Government of Canada's broader capital markets agenda. Finance Canada is to provide leadership in engaging external stakeholders in efforts to enhance program performance, including opportunities to strengthen the continuum of enforcement.

Through its role as Co-Chair of the Executive Council and Interdepartmental Working Group, Finance Canada facilitated collaboration between external stakeholders and program partners, as well as provided leadership and advice on the strategic direction of the IMET program.

Total

$302,599,000***
(Ongoing: $36,800,000)

$36,803,231

$24,695,158

 

Notes:
* Prior to the establishment of the ODPP in 2006, funding for this program activity was allocated to the Department of Justice's Federal Prosecution Service. A transfer of $3.75M from Justice Canada to ODPP occurred in FY 2007-08 following the creation of this organization.

** The Program Alignment Architecture (PAA) Programs indicated for the Department of Justice in the reporting for the IMET Horizontal Initiative in this Departmental Performance Report (DPR) differs from those reported in the 2013-14 Report on Plans and Priorities (RPP). The PAA Program names in the 2013-14 DPR are in accordance to the Department of Justice's approved PAA structure and are to be considered official.

*** The allocation indicated in this DPR differs from the figures presented in the 2013-14 RPP. The total allocation amounts in the 2013-14 DPR are the correct figures and are to be considered official.

Comments on Variances:

Public Safety Canada:
The increase in spending of approximately $72K is due to the salary costs associated with the Ministerial Expert Panel.

Royal Canadian Mounted Police:
As noted in Chapter 5 of the June 2011 Status Report of the Auditor General of Canada, the RCMP has had to reallocate funding internally from all programs in order to meet the increased demands for National Policing Services. Furthermore, various Federal and Protective Policing priorities have created additional requirements to reallocate funding and resources.

Office of the Director of Public Prosecutions:
The decrease of $1.3M from planned spending to actual spending is due to the fact that the ODPP had participated in only two significant prosecutions. These prosecutions did not require the use of all the funding that had originally been allocated.

Justice Canada:
The variance reported between planned spending and actual spending in fiscal year 2013-14 for Program Stewardship of the Canadian Legal Framework reflects, in Vote 1 (operating expenditures), the conversion of operation and maintenance (O&M) to salary to support the Ministerial Expert Panel, the program administration and corporate costs, and as for the Vote 5 (Grants and Contributions), reflects the zero number of applications received under the Fund.

For Legal Services to Government Program it is within the Department prerogative to realign Vote 1 (operating expenditures) source of fund between program activities.

Finance Canada:
N/A

Results achieved by non–federal partners (if applicable): N/A

Evaluations completed or planned: The next evaluation for the IMET program is scheduled to take place in 2018-19.

Contact information:
Name: Trevor Bhupsingh
Title: Director General, Law Enforcement and Border Strategies, Public Safety Canada
Telephone: (613) 991-4281
Email: trevor.bhupsingh@ps-sp.gc.ca

Footnotes

  1. 1

    Performance indicators are defined in the Performance Measurement Strategies and/or Performance Measurement Frameworks (PMF) of each federal partner.

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