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Horizontal Initiative


(in $ dollars)
Integrated Market Enforcement Teams (IMET) Program

Name of Lead Department and its Program Activity: Public Safety Canada, Law Enforcement

Start Date: 2003-04
End Date: Ongoing

Total Federal Funding allocation (start to end date): $304,299,000 from 2003-04 through 2012-13 (includes the employee benefits plan and PWGSC accommodation costs), $ 40,000,000 per year ongoing.

Description of the Horizontal Initiative: 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, composed of senior officials from the Royal Canadian Mounted Police (co-chair), Finance (co-chair), the Office of the Director of Public Prosecutions, Justice and Public Safety Canada provides strategic oversight for the IMET program.

Federal Partner

Federal Partner Program Activity

Name of Programs for Federal Partners

Total Allocation
(Start to End Date)

Planned Spending for
2009-10

Actual Spending for
2009-10*

1. Public Safety Canada

Law Enforcement

IMET

FY 2003-04 to
FY 2007-08:
$1,125,000

FY 2008-09 to
FY 2012-13:
$1,703,290

Total $2,828,290

$340,658

$340,658

Internal Services

 

FY 2008-09 to
FY 2012-13: $590,660

$318,132

$318,132

Total

$3,418,950

$658,790

$658,790

2. Justice Canada[1]

1. Justice, Policies, Laws and Programs

IMET Reserve Fund Program

FY 2008-09 to FY 2012-13:
$10,780,000

$2,405,156

$186,190

2. Services to Government

IMET Program

FY 2008-09 to  FY 2012-13:
$840,000

$168,822

$162,263

3. Internal Services

 

FY 2008-09 to  FY 2012-13:
$110,000

$22,685

$22,685

Total:

$11,730,000

$2,596,663

$ 371,138

3. Office of the Director of Public Prosecutions[2]

Regulatory offences and economic crime prosecution program

IMET

FY 2008-09 to FY 2012-13:  $29,226,685

$5,853,337

$3,726,547

4. Royal Canadian Mounted Police

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

Total:

$30,718,817

$22,514,025

 

$228,584,010

5. Finance Canada

Economic and Fiscal Policy Framework

Financial Sector Policy

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

$172,393

$172,393

TOTAL:

$304,299,000

$40,000,000

$27,442,893

(from 2003-04 through 2012-13)

 

[1] All amounts include PWGSC accommodation costs totalling $27K for 2009-10 planned and actual spending. The Department of Justice received for FY 2003-04 to 2007-08 a total funding of $26.67M (including accommodation) and there was an additional transfer of $3.75M to ODPP for the FY 2007-08 following the creation of this organization.

[2] Prior to the establishment of the Office of the Director of Public Prosecutions (ODPP) in 2006, funding for this program activity was allocated to Justice Canada's Federal Prosecution Service.

Federal Partner

Federal Partner

Expected Results for 2009-10

Results Achieved in 2009-10

Public Safety Canada

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

Expected results achieved. In particular:

  • PS launched and conducted a full program evaluation in accordance with Treasury Board Secretariat guidelines.
  • PS  coordinated the commission of an expert study to help inform the setting of benchmarks against which the timeliness of IMET investigations and prosecutions can be measured.
  • PS  fully participated in IMET Executive Council and the IMET working group.

Justice Canada
(Justice, Policies, Laws and Programs)

Facilitate provincial prosecutions in defraying exceptional expenses incurred following IMET investigations.

Uptake of the IMET Reserve Fund

Justice Canada
(Services to Government)

  • Assist IMET personnel in the preparation of all outgoing mutual legal assistance (MLA) requests.
  • Liaise with IMET headquarters and IMET regional offices.
  • Provide advice to IMET personnel who require information and legal advice relating to MLA.
  • Review and approve all outgoing MLA requests to ensure that the requests comply with the applicable treaty and disclose a sufficient basis for seeking the requested evidence from the requested state.
  • Transmit IMET’s outgoing MLA requests to the central authority of the requested state.
  • Follow-up with IMET personnel and foreign central authorities to ensure that the MLA request is executed in accordance with the treaty and the terms of the request.
  • Review all incoming IMET MLA requests to ensure that they meet the relevant treaty and Canadian legal requirements.
  • Prepare monthly updates for IMET headquarters and IMET regional offices on the status of their outgoing MLA requests.
  • Participate in quarterly meetings with IMET headquarters and PPSC to review the status of ongoing IMET cases and to discuss the status of MLA requests related to those cases and the potential need for future MLA requests in those cases.
  • Provide MLA training to IMET personnel.
  • Assisted IMET personnel in the preparation of all outgoing 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 outgoing MLA requests in relation to eight 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.
  • Met quarterly with IMET headquarters and PPSC and provided legal advice in the areas of current and potential MLA requests.
  • provided MLA training to IMET personnel.

Office of the Director of Public Prosecutions

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

  • ODPP counsel provided 13,580 hours of pre- and post-charge legal advice and support during 2009-10. (This represents 72.7% of hours recorded against all IMET-related activities.)
  • ODPP counsel acted as co-counsel in two IMET prosecutions. In one case, the province subsequently decided to assume on its own. 
  • As well, the ODPP IMET reserve fund was accessed to retain an agent to prosecute a case, with staff counsel assisting the agent.

Royal Canadian Mounted Police

  • Comprehensive Program Evaluation
  • Maintain investor confidence
  • Implementation of LePan Report   Recommendations
  • Program Evaluation finalized
  • Maintain investor confidence
  • LePan implementation
  • Creation of the Senior Group of Officials on  Capital Market Enforcement

Finance Canada

Finance Canada is to:

  • provide strategic direction to the IMET program that reflects the Government of Canada’s broader capital markets agenda; and,
  • play a leadership role in engaging external stakeholders in efforts to enhance program performance.

As Co-Chair of the IMET Executive Council and Working Group, Finance Canada provided oversight and strategic direction to the IMET program.  Finance Canada participated in the second meeting of the Senior Officials Group on Capital Markets Enforcement, which is a forum that brings together senior enforcement officials to exchange information and examine opportunities to better coordinate Canada’s enforcement activities.


Comments on Variances

Justice Canada: Due to the complexity and length of investigations, and due to the limited number of cases that have proceeded to trial, the Reserve Fund was not accessed to its full capacity.

Office of the Director of Public Prosecutions:  The under expenditure is due to lower than anticipated prosecutorial workloads at the federal level.

Electronic Links:

http://www.rcmp-grc.gc.ca/imet-eipmf/index-eng.htm
http://canada.justice.gc.ca/eng/pi/pb-dgp/fund-fina/imet-ipmf.html

Contact Information:

Barry MacKillop
Director General
Law Enforcement and Border Strategies
Public Safety Canada
 (613) 991-4281

Note: This table will be posted on both the Secretariat’s main DPR website and the Horizontal Initiatives Database website.