Report on Performance

Overview of Ministry Goals and Linkage to Government Strategic Goals

Ministry Goal 1

Citizens and communities are protected from crime through:

• adequate, accountable and effective policing;
• protective programs for vulnerable adults, youth and children;
• community-based crime prevention programs;
• support for victims of crime; and,
• safe management, supervision and rehabilitation of adult offenders.¹⁴

Core Business: Policing and Community Safety

Objective 1: Police efforts are supported by effective technology, policy and governance

Key Strategies

• Enhance integration and consolidation of police services across and within regions while maintaining a commitment to the principles and values of community-based policing, focusing on operations and reducing administrative tasks.
• Restructure police financing to reduce inequities and support integrated services.
• Strengthen the policing infrastructure (technology) across the province to improve officer safety, address the changing nature of crime and support local community-based policing.
• Support the RCMP in its efforts to expand current initiatives aimed at addressing violent, organized and cross-jurisdictional crime.
• Provide the police with information systems to support quick response and problem-solving.

Police services that are supported by effective technology, policy and governance are required to protect citizens and communities from crime and to respond to the changing nature of crime, including increases in organized crime across community, provincial and national boundaries and its expansion into all forms of criminal activity. One strategy to meet that objective is to implement new policing initiatives to increase the ministry's capacity in such areas as supporting organized crime prosecutions, responding to high-tech crime and combating Internet-based child exploitation. In addition, integration projects ensure that police services are delivered effectively and efficiently, avoiding duplication and yielding economies of scale in protecting the public.

Performance Measures and Results

To indicate progress in this area, the ministry tracks new policing initiatives and integration projects.

The 2004/05 actual shows that the ministry is on track with new policing initiatives and integration projects. The following projects were completed or under way in 2004/05.

Stl'atl'imx Tribal Police (STP) Force Inspection: The STP is a designated policing unit that serves ten First Nations communities in the traditional territory of the Stl'atl'imx Nation. As part of the ministry's program of auditing and inspecting municipal police departments, an inspection of the STP was conducted to examine department environment and processes, and to assess compliance with the Provincial Standards for Municipal Police Departments in British Columbia.

Civil Forfeiture Legislation: Civil forfeiture legislation was introduced to target the proceeds of unlawful activity. Once the Civil Forfeiture Act is brought into force, the government can apply to court to seize the proceeds gained from or assets used in unlawful activity. The recovered proceeds and assets can be used for crime prevention programs, for law enforcement initiatives and to compensate victims.

Bait Car Program Expansion: The Bait Car Program was expanded to all 16 Lower Mainland communities and to Vancouver Island to crack down on auto theft.

Police Act Review: The review was initiated to assess areas of the Act where amendment should be contemplated, including the police complaint process, governance and oversight, training and appointment standards for non-police law enforcement, and achieving clarity in the drafting language.

First Nations Policing Policy Review: Funding for First Nations policing is a joint responsibility of B.C. and Canada. The province is commencing negotiations with Canada to enter into a new five-year Framework Agreement to provide policing to reserves in B.C. The province is proposing that the Framework document be negotiated to enable B.C. to develop a First Nations policing model that ensures the ability of the program to respond to the culture, traditions and beliefs of First Nations communities and respects the operational principles of the RCMP.

Integrated Sexual Predator Observation Team (ISPOT): ISPOT is an intelligence-based surveillance project that targets high-risk sexual predators. It was created to monitor sexual predators with the objective of reducing the risk of sexual assaults and other crime.

Nelson Integration: The RCMP are integrating detachments in the Southeast District, and Nelson City Police were invited to join efforts to regionalize efficiencies. Integrated and consolidated police service delivery models increase communication and cooperation between agencies. The first phase of a three-phase Nelson integration plan is complete.

Review of Provincial Diversity Program: A review of this program was initiated and a strategic planning session is planned for June 2005. A comprehensive strategy to address diversity issues is critical for reflective recruitment and appropriate service delivery in our increasingly multi-cultural society.

RCMP Reserve Police Program: This program was implemented to provide additional police resources that can respond at times of peak demand. It is open to retired police members of good standing, as well as others who possess the same level of qualification.

Transfer of Road Safety Program to Police Services Division: The Road Safety Program was transferred to the ministry from ICBC. Additional resources have been provided to address areas of road safety where it has been shown that the most deaths and injuries occur, such as aggressive driving, impaired driving and seat belt non-use.

Integrated Homicide Investigation Team (IHIT): IHIT was established to assist police agencies in the Lower Mainland with the investigation of homicides, attempted homicides, missing persons where foul play is suspected, deaths in custody, and police shootings which result in serious injury or death.

Organized Crime Agency Transfer: The former Organized Crime Agency of B.C. was integrated into the RCMP-led Combined Forces Special Enforcement Unit (CFSEU — BC) and the Integrated Gang Task Force (IGTF) was established. Restructuring was undertaken to enhance integration of police efforts to counter organized crime.

Integrated Witness Protection Program: The Provincial Integrated Witness Protection Section (IWPS) was established, operated by the RCMP Witness Protection Unit. It will ensure federal protection and provincial funding application and delivery standards are adhered to and partnerships are formed to make certain that all witnesses have access to the same level of safe, effective and efficient service.

Enhanced First Nations Policing Program: This program is intended to provide, in partnership with the federal government, culturally sensitive, professional and accountable Aboriginal policing services for First Nations communities. British Columbia received Treasury Board approval in 2004/05 to increase the number of First Nations Policing Program members by 32.

Amber Alert: The Amber Alert Program was established throughout the province. The program is a provincewide partnership among law enforcement agencies, media broadcasting agencies and the public to locate abducted children in certain situations.

National Sex Offender Registry: The National Sex Offender Registry was implemented as a tool to help police respond to sexual assaults and related offences. The province ensures that location and descriptive information about sex offenders is registered on a national database that assists police in identifying sex offenders living and/or working near the location of a sex crime complaint.

Development of Police Training Standards: As part of the development of the Force Options Training Centre, provincial course of fire (firearms qualification) standards were developed and subsequently approved by the B.C. Association of Chiefs of Police. Work to standardize other use-of-force training and to adopt those standards provincially is ongoing.

Amalgamation of Operations Communications Centres (OCCs): Cranbrook and Nelson were integrated into the Kelowna OCC, and Dawson Creek was integrated into the Prince George OCC, improving communications, public safety and service efficiency in these regions. Further integration efforts are under way, particularly in the South East and Vancouver Island districts.

In addition to the achievements noted above, further progress was made towards full implementation of the Police Records Information Management Environment (PRIME) , an online data-sharing system that provides up-to-the-minute information about criminals and crimes.

British Columbia is the first jurisdiction in Canada to adopt a provincewide, online police records management system. PRIME allows police departments to share information across the province within minutes, improving law enforcement and enhancing both public and officer safety.

The percentage of the B.C. population covered by police agencies using PRIME is monitored to track progress toward full implementation of the system.¹⁵

In establishing targets for this measure, the ministry assessed the multi-year implementation plan and, based on that assessment, determined targets for population coverage. Factors taken into consideration included the human and other resources available for implementation, including training and hardware conversion schedules, and the technical limitations on the pace of implementation as more users are added to the system.

During 2004/05, PRIME was implemented in Richmond, Port Moody and Vancouver, in five RCMP detachments in the Central Kootenays, in municipal agencies and RCMP detachments in the Capital Regional District and in municipal police agencies throughout lower Vancouver Island. At the close of the fiscal year, 32 per cent of British Columbians were covered by police agencies using PRIME, indicating that the ministry is on target in moving toward full implementation planned for 2006/07.

Objective 2: Communities have crime prevention and restorative justice programs

Key Strategy

• Fund community-based crime prevention and restorative justice programs.

In preventing crime and victimization, the ministry promotes the Crime Prevention through Social Development (CPSD) approach, going beyond traditional responses to crime that focus on sentencing and incarceration, and focusing instead on eliminating the root causes of crime. Research indicates that communities can become safer if they actively engage in programs designed to reduce the incidence of crime and repair the harm caused by criminal behaviour. A key strategy employed by the ministry has been to provide start-up grants to support Community Accountability Programs (CAPS). CAPs are community-based restorative justice programs designed to divert low-risk offenders from the traditional justice system while holding offenders accountable for their actions and repairing relationships within the community.¹⁶

Performance Measures and Results

To indicate the ministry's support of restorative justice programming, the number of CAP start-up grants awarded since program implementation is monitored.

During 2004/05, eight CAP start-up grants were awarded by the ministry, bringing the total number of start-up grants awarded since program implementation to 97. Those grants awarded in 2004/05 targeted Aboriginal communities and programs in the City of Vancouver.

Although the target for 2004/05 was surpassed, it is noteworthy that because of resource limitations, all funding requests could not be fulfilled; in addition to the eight communities who received grants, eight other communities applied for but did not receive funding. This is significant in that it was anticipated that the number of requests for start-up grants would begin to decrease once funding had been available for a number of years and programs were in operation in many communities. Receipt of funding requests from 16 communities in 2004/05 indicates continued community interest in and support of restorative justice programs.

Another strategy reflecting the CPSD approach is to support schools and communities in developing and implementing crime prevention projects. Through the provision of ministry funding, training and information resources, schools and communities across the province receive the information, tools and resources needed to enhance community safety.

To indicate progress in this area, the ministry monitors the number of community-based, youth crime, violence, bullying and sexual exploitation projects funded.

During 2004/05, the ministry provided funding to the following projects.

Safe Communities Day Grants (97 projects): This program provides grants of $100 to support communities in crime prevention.

Community Mobilization Projects — National Crime Prevention Strategy (96 projects): This program supports communities in developing and implementing local strategies to prevent crime and victimization.

Safe Street Safe Schools Grants (36 projects): This program provides grants of up to $5,000 to support schools and communities with local crime prevention efforts to enhance public safety.

Crime Prevention Week Grants (30 projects): Grants of $100 are provided to raise awareness of crime prevention strategies and encourage citizens to become involved in community safety efforts.

Assistant Deputy Ministers' Committee Community Capacity Building Grants (23 projects): This program provides grants of up to $5,000 to help communities address issues of prostitution, particularly when they involve the sexual exploitation of children and youth.

Stop the Sexual Exploitation of Youth Forum (one project): Funding for conference organization was provided to the Justice Institute of B.C.

Municipal Crime Prevention Meeting (one project): This meeting focused on supporting crime prevention efforts at the local government level.

Evidence-based Training day (one project): Each year the ministry hosts a training day at the B.C. Crime Prevention Association's Annual Training Symposium.

Objective 3: Victims of crime are provided with timely information, assistance and support to reduce the impact of crime

Key Strategies

• Offer support to victims of crime through victim service programs.
• Provide financial benefits and assistance to victims of crime.
• Provide training and support to victim service workers.
• Provide education for first responders, justice system personnel and community partners regarding the needs of victims of crime.
• Increase public awareness of the services available to victims of crime.

Victims of crime require a range of supports and services as a result of their victimization. Key strategies designed to reduce the impact of crime include offering timely information, referrals and practical support to victims of crime and their families through victim service programs. This includes efficient administration of the Crime Victim Assistance Act to ensure that victims have timely access to financial assistance and other benefits.

Performance Measures and Results

To indicate performance in this area, the ministry monitors the average time required to adjudicate financial assistance/benefits for victims of crime.

The target of four months for 2004/05 was based on average time lines for adjudications previously completed, taking into consideration time estimates for securing the necessary supporting documentation from a variety of sources, including police reports, medical/hospital reports, employer reports and other information related to eligibility and entitlement to benefits.

The 2004/05 target was not met, with it taking, on average, an estimated nine months for adjudications to be completed. Three primary factors contributed to this result. First, the Crime Victim Assistance Program received more applications for victim financial assistance/benefits than originally anticipated.¹⁷ Second, the governing legislation and regulations are relatively new and as a result, adjudications took longer to complete during development of the policies required to guide the decision-making process. Third, the program is often unable to influence timing with regard to accessing information, or the quality or nature of the information provided from alternate sources, both of which impact time lines.

In response to the 2004/05 result, the ministry has introduced new business processes to streamline adjudications, is working with police and other supporting agencies to improve adjudication time lines, and has applied additional staffing resources to the program. As a result, the number of claims awaiting adjudication has been reduced by over 50 per cent to date, and it is expected that the backlog will be eliminated entirely during the 2005/06 fiscal year.

Core Business: Corrections

Objective 4: Offenders are supervised and managed based on their risk to re-offend

Key Strategy

• Conduct offender risk/needs assessments to determine appropriate supervision.

A key objective of the ministry is to ensure that offenders are supervised and managed based on their risk to re-offend. To effectively and efficiently supervise offenders while they are under court orders, and to achieve reductions in re-offending behaviour over the long term, it is critical to understand the risk an offender poses to society and how that risk can be best addressed. More than 20 years of correctional research have resulted in the development of standardized assessment tools that can reliably provide this information. Therefore, to achieve the above objective, the ministry conducts offender risk/needs assessments to determine appropriate supervision, and monitors the percentage of offenders for whom risk/needs assessments have been completed.

Performance Measures and Results

The completion rates of risk/needs assessments are monitored and reported regularly within the Corrections Branch. This ensures that staff supervising offenders and facilitating programs are doing so with the most reliable and complete information available for decision-making and case management.

A target of 85 per cent was established for 2004/05 in keeping with Corrections Branch policy; policy allows a sixty-day period for risk/needs assessments to be completed so, at any given time, approximately 10 to 15 per cent of offenders are new admissions in the process of being assessed.

The 2004/05 target was surpassed, with 87 per cent of risk/needs assessments completed. This is significant in that completion of risk/needs assessments is a fundamental first step in good correctional practice. The result is also significant in that it was anticipated that downsizing in the Corrections Branch might impact branch capacity to complete assessments, and this was reflected in a lower target being established for 2004/05; however, the actual result of 87 per cent shows that the branch achieved the same assessment completion rate following a period of restructuring that had been previously achieved.

By continuing to achieve its targets for completing risk/needs assessments, the Corrections Branch effectively focuses its resources on the supervision of offenders who present the highest risk to re-offend, and is better able to provide appropriate supervision and offender programming to increase public safety.

Objective 5: Programs are provided designed to reduce the likelihood of re-offending

Key Strategies

• Provide the following core programs to offenders according to their case management plans: Cognitive Skills; Educational Upgrading; Respectful Relationships; Relapse Prevention for Sex Offenders; Substance Abuse Management; and Violence Prevention.
• Develop Living Skills core program.

Risk/needs assessments are also used to establish case management plans to address a number of dynamic risk factors that are associated with re-offending behaviour (e.g., substance abuse). Correctional research has confirmed that providing programs that target these factors among higher-risk offenders can reduce re-offending behaviour. Another key strategy of the ministry is therefore to develop and deliver core programs to offenders according to their case management plans.

Performance Measures and Results

The ministry monitors the percentage of offenders successfully completing core programs to provide information on the short-term outcome of these programs as it is critical for offenders to attend and complete the programming designed to assist them in addressing their criminal behaviour.

The target established for 2004/05 was based on early indicators of what might be achievable given Corrections experience with core program delivery. Research demonstrates that programming is most effective when provided to offenders at high risk of re-offending and directed at their specific rehabilitative needs.

The 2004/05 target of 76 per cent was not met, with 70 per cent of enrolled offenders successfully completing core programs.

Reductions in operational capacity over the last three years may have impacted the branch's capacity to maintain this target. For example, the necessity of transferring offenders to best manage counts in jails may be curtailing offender participation in programs. The majority of offenders who only partially completed programs were transferred to another institution during the course of their programs.

In the community, failure to report to programs and unacceptable participation in programs remain the primary reasons for unsuccessful completion. However, scheduling problems, transfers between programs and offices, and cancellation of programs also played a role in non-completion of programs.

The Corrections Branch will continue to monitor and report this measure as part of quality assurance practices within the branch. The core program completion rate is an important measure because without full attendance and completion of programming, offenders cannot gain the skills and knowledge needed to reduce re-offending.

In addition, the indicator percentage of offenders who do not re-offend for two years following corrections supervision is used by the ministry to assess the overall effectiveness of the justice system in not only managing adult offenders, but also focusing on their rehabilitation. Over the long-term, one of the foremost methods of protecting citizens and communities from crime is to ensure that the criminal justice system reduces the likelihood of re-offending. Ultimately, success in reducing recidivism would result in lower crime rates, increased safety, and decreased expenditures on criminal justice.

However, criminal behaviour is a highly complex phenomenon involving many different individual and socio-economic factors, and success in reducing recidivism is not under the exclusive control of any one ministry. Reduction in re-offending behaviour is a multifaceted outcome that involves all components of the justice system as well as many other aspects of government (such as health, education and social services) and factors that are external to government control.

The following measure captures the percentage of offenders who are not sentenced to a subsequent offence for two years following completion of a jail sentence or upon being sentenced to community supervision.¹⁸

Given the global nature of this indicator, and the many factors that contribute to criminal behaviour, targeting marginal increases for offenders who do not re-offend is a realistic approach. Incremental decreases in recidivism will have significantly positive impacts on all aspects of the justice system, public safety, and other government services. Specific targets are established through examination of 20 years of data on re-offending.

The target established for 2004/05 was surpassed, with 71 per cent of offenders not re-offending for two years following corrections supervision.

The implications of surpassing the target are positive with respect to enhanced public safety and lowered criminal justice costs. However, it should be noted that the target was initially reduced from 70 per cent in fiscal year 2003/04 to 65 per cent for 2004/05. This reduction was made in keeping with a number of factors that may affect recidivism, including: an increasing crime rate, a hardening offender profile, a strengthened police force (which may impact the crime rate — i.e., greater detection, investigation, and charging for criminal acts), and reductions in Corrections operational capacity. The implications of achieving a 29 per cent recidivism rate are positive but should be viewed with caution. The tracking period for this indicator is for two years; thus, these results reflect fiscal year 2001/02 data and fluctuations may yet reveal themselves.

As global indicators of performance, these results serve as baseline information to monitor a key element of societal concern. If calculated and collected in the same manner, these data have great potential for cross-jurisdictional comparisons on reductions in re-offending amongst provinces. Having established a sound methodology for calculating recidivism for use in the field of Corrections, the potential for developing other complementary indicators within justice system sectors is enhanced.

Ministry Goal 2

Public safety is enhanced through:

• emergency preparedness and response capacity;
• efficient coroners services;
• effective programs to regulate dangerous and unfit drivers;
• improved safety and efficiency of commercial vehicle operations;
• reduced incidence of illegal gambling; and,
• improved compliance with provincial liquor laws.

Core Business: Policing and Community Safety

Objective 1: Minimized loss of life and economic impact from disasters and emergencies

Key Strategies

• Continue to develop provincial capacity to respond to emergencies and disasters.
• Assist local governments in preparing for emergencies and disasters by providing education and tools via the internet.

Individuals and local governments are responsible for their level of preparedness to respond to emergencies and disasters. However, as a crisis escalates, they need support and assistance from the province. Providing individuals and local governments with the tools to deal with emergencies will reduce the harm caused by disasters. Improving the provincial response capacity will result in reductions in loss of life and disturbance to property and will ultimately aid in the recovery of communities.

The province is faced with many potential hazards and is regularly exposed to wildfire, flooding, landslides, and severe weather which impact people, livelihoods and infrastructure. British Columbia is increasingly at risk of hazards such as SARS, avian influenza, pandemic influenza and the consequences of international terrorism which have severe human and economic impacts. As the nature, size, scope and area of occurrence of disasters vary from year to year, staffing flexibility is required to enable the Provincial Emergency Program (PEP) to complement regular staff resources to respond effectively to all potential disasters. In order to maximize the use of provincial resources, PEP initiated the Temporary Emergency Assignment Management System (TEAMS) to provide the province with the capacity to respond to disasters.

PEP selects TEAMS members from across all ministries and from throughout the province, provides them with training in emergency management, and maintains a log of member availability. TEAMS members provide staffing for the Provincial Emergency Coordination Centre and Provincial Regional Emergency Operations Centres, which provide assistance to local governments and direct provincial response efforts in the event of a disaster.

Performance Measures and Results

The number of TEAMS members ready for deployment in an emergency is monitored by the ministry to indicate the province's capacity to respond to emergencies and disasters.

A number of factors are taken into consideration in establishing targets for this measure. PEP has between 20 and 25 regional and headquarters staff who can be committed to emergency operations at any given time. Therefore, the overall provincial response to any emergency depends upon trained staff drawn from other ministries. Depending on the nature of the emergency, it can require 40 to 60 staff to operate one Emergency Operations Centre on a 24/7 basis. During flood or fire season, two or three Provincial Regional Emergency Operations Centres and the Provincial Emergency Coordination Centre will be activated at any given time.

The target established for 2004/05 was met, with 120 TEAMS members ready for deployment.

Objective 2: Coroners' reports and Judgments of Inquiry are based on consistent and timely information and are completed in a timely fashion

Key Strategies

• Redesign the Coroners Case Management System (TOSCA).
• Provide ongoing training to all coroners.
• Provide coroners with electronic access to field investigation protocols.

The B.C. Coroners Service investigates all sudden and unexpected, unexplained or unattended deaths and makes recommendations to improve public safety through preventative measures. This service also helps people deal with the trauma of death through provision of timely and accurate information.

Performance Measures and Results

To monitor performance in this area, the ministry tracks the percentage of coroners' files completed within four months. To most effectively improve public safety and assist the public, coroners' cases must be completed in a timely fashion and be based on current, consistent and timely information.

In establishing the target for this measure, it was estimated that with efficiencies to be achieved through implementation of a new provincewide database designed to support coroners' investigations and share current information (TOSCA), at least 80 per cent of all coroners' files could be completed within four months. However, implementation of TOSCA has been delayed to September 2005, with full implementation across the province by February 2006. The efficiencies expected from the new system will therefore not be realized until fiscal years 2005/06 and 2006/07.

Core Business: Compliance and Consumer Services

Objective 3: Improved driver safety

Key Strategies

• Review Driver Fitness and Driver Improvement Standards to identify those requirements that will have the greatest impact on driver safety and to eliminate any unnecessary requirements.
• Introduce business process and system enhancements that free resources to focus on work that will lead to improved driver safety.
• Work with ICBC to develop a senior driver strategy.

In 2000, British Columbia endorsed the National Road Safety Vision 2010 and while agencies continue to develop and implement initiatives to increase road safety, a strategic plan with defined and measurable actions was needed to facilitate a coordinated approach. A key strategy of the ministry is therefore to work with ICBC and government and non-government agencies and stakeholders to develop and implement a long-term strategic road safety plan for the province, including strategic actions to achieve provincial and national goals.

Performance Measures and Results

To indicate progress in this area, the ministry is tracking achievement of milestones in developing and implementing an inter-agency road safety plan.¹⁹

In addition to the above measure, the ministry is working with ICBC to identify the most accurate and appropriate method for establishing a serious injury and fatalities rate with which to demonstrate improvements in road safety in the province over time.²⁰ The original measure identified in the Ministry of Public Safety and Solicitor General Service Plan 2004/05 — 2006/07 to indicate road safety levels — i.e., driver safety rate — has been dropped because the measure took into account only those drivers participating in programs of the Office of the Superintendent of Motor Vehicles and was therefore not representative of all drivers in B.C. In addition, police-reported accidents, which provided the source of data for the measure, are compiled by calendar year rather than fiscal year and are not generally compiled until the year subsequent to the reporting period.

Objective 4: Effective road safety enforcement, education and programs to regulate the commercial transport industry

Key Strategies

• Review and improve commercial transport regulations, eliminating unnecessary ones.
• Reduce overlap between enforcement agencies.
• Pursue increased cooperation between police and ministry enforcement staff.

The ministry establishes and enforces standards that govern British Columbia's commercial transport industry. Key strategies linked to the objective of effective road safety enforcement, education and programs to regulate the commercial transport industry include implementing identified improvements to commercial transport safety regulations, continuing actions to increase cooperation and reduce overlap between enforcement agencies, and introducing system improvements to enhance the quality and timeliness of commercial vehicle safety data for law enforcement.

Performance Measures and Results

To monitor performance in this area, the ministry tracks the variation from the national average in the province's out-of-service (OOS) rate for commercial vehicles. The OOS rate for commercial vehicles is the percentage of those randomly inspected that are found to have serious safety violations that render them unsafe.

The target of a provincial OOS rate that is within plus or minus two per cent of the national average was established based on CVSA roadside inspection data, which provide an indicator of commercial vehicle mechanical fitness comparable across jurisdictions. CVSA inspection criteria are used by all Canadian provinces and territories in assigning OOS ratings. Setting a performance target that allows B.C. to use comparable determinants to chart the success of its commercial vehicle safety and enforcement programs from year to year allows for a better assessment of the impacts of road safety programs.

The target established for 2004 was met with a 20 per cent OOS rate for commercial vehicles within B.C. in comparison to a national rate of 22 per cent for the calendar year.

The OOS rate in B.C. has been dramatically reduced during the last decade; the 1997 OOS rate was 30 per cent compared to 20 per cent reported for 2004. While gains continue to be made in reducing OOS rates through a focus on increasing mechanical fitness, research suggests that continued reductions in the crash rates of heavy commercial vehicles are likely to be best achieved by focusing on driver behaviour and moving violations.

The OOS rate for commercial vehicles will continue to be monitored to indicate success in enforcing regulations and educating operators, and to provide an indication of the commercial vehicle transport industry's compliance with maintenance standards. It provides the ministry with a basis for monitoring compliance with safety requirements, and assists the ministry in planning budget allocations.

Core Business: Gaming Policy and Enforcement

Objective 5: Reduced incidence of illegal gambling²¹

Key Strategies

• Complete integration of the Illegal Gambling Enforcement Strategy.
• Fully integrate the Integrated Illegal Gambling Enforcement Team, comprised of RCMP and Gaming Branch investigators.
• Implement a ticket violation program for certain offences under the Gaming Control Act to reduce unnecessary court time.
• Work with the RCMP and other law enforcement agencies to better identify and prosecute offenders and reduce the incidence of illegal gambling.
• Develop branch experts qualified to give evidence at administrative hearings and court proceedings regarding illegal gambling activity.

Reduced incidence of illegal gambling is an important objective of the ministry, and fully establishing the Integrated Illegal Gambling Enforcement Team is a key strategy to meet that objective. Dedicated RCMP officers have been placed in regional offices throughout B.C., working with branch investigators to combat illegal gambling. In addition, partnerships with other law enforcement agencies are being established to ensure cross-jurisdictional cooperation in illegal gambling investigations.

Performance Measures and Results

To indicate progress toward meeting the objective of reduced incidence of illegal gambling, the ministry is developing a methodology for establishing a baseline incidence rate of reported illegal gambling and will monitor changes in that rate. It is anticipated that a baseline will be established for fiscal year 2005/06 and targets will be set to reduce the incidence of reported illegal gambling on a year-to-year basis.

Core Business: Liquor Control and Licensing

Objective 6: Improved industry cooperation to reduce problems associated with liquor misuse

Key Strategies

• Target inspection resources on high-risk establishments and focus inspections and investigations on service to minors, over-service, overcrowding, and illicit alcohol.
• Create tools to identify high-risk establishments in consultation with local governments, police, schools and licensees.
• Improve the Service Training Program to strengthen the service-to-minors and over-service education components.

The liquor industry has a legal responsibility to minimize harm to their customers and to any individual or community affected by the consumption of liquor in their establishments. Liquor licensees must acknowledge and accept that with the privilege of holding a liquor licence and maintaining a livelihood through the sale of liquor, comes a legal responsibility to minimize harm to their customers and to any individual or community affected by the consumption of liquor in their establishments.

Increasing the presence of enforcement staff in licensed establishments and at events where liquor is served is an important element in achieving greater industry cooperation in reducing problems associated with liquor misuse. Conducting inspections and investigations is intended to achieve several outcomes: to raise awareness among liquor licensees that their performance in complying with regulations is being monitored; to provide professional advice and educational assistance to licensees to improve their understanding of their legal obligations; and to facilitate cooperative efforts with local police, fire, health and other organizations interested in reducing harm caused by liquor misuse. Together, these results should lead to improved voluntary compliance within the industry, thereby enhancing public safety.

Performance Measures and Results

To indicate progress in this area, the ministry tracks the percentage of inspected or investigated licensees who are found to be in compliance.²²

The target established for this measure was based on analysis of historical compliance rates and trends, with the target for 2004/05 representing a five per cent increase above these historical levels. Factors considered in establishing the target were: the shift in focus of the program to the public safety issues of service-to-minors, over-service, overcrowding, and illicit liquor; the targeting of resources towards high-risk establishments; and the ongoing education of licensees about their responsibilities under B.C.'s liquor laws and policies, and the specific terms and conditions of their licence.

The 2004/05 target was surpassed, with 93 per cent of inspected or investigated licensees found to be in compliance.²³ The result indicates increased voluntary compliance among liquor licensees, which in turn indicates the level at which licensees understand and are willing to cooperate with the liquor regulatory framework. An increase in voluntary compliance may also indicate that liquor misuse is decreasing, given the focus of inspections on service to minors, over-service and illicit alcohol.

By determining that 93 per cent of licensees are voluntarily compliant, and more specifically compliant in regards to public safety-oriented contravention types, the ministry is able to shift its resources and focus on the remaining seven per cent of licensees who do not voluntarily comply. By focusing on these licensees, the ministry will make more effective and efficient use of compliance and enforcement resources and will be better positioned to analyze the characteristics and underlying causes of non-compliance.

Another key strategy to improve industry cooperation to reduce problems associated with liquor misuse is ensuring that problem establishments are dealt with quickly through the enforcement hearing process. Reducing the time between non-compliant behaviour on the part of licensees and the imposition of appropriate penalties may increase the impact of those penalties on contravening licensees. This should in turn increase the likelihood that licensees will institute policy and/or procedural changes to ensure future compliance with liquor laws.

Performance Measures and Results

The time required to reach an enforcement decision or waiver is tracked by the ministry.

The target of 90 days established for 2004/05 was surpassed, with it taking, on average, 76 days to reach an enforcement decision or waiver following the date of issue of a Notice of Enforcement Action. This result is largely attributable to ongoing contract management efforts to ensure that performance targets established for adjudicators are met.

More timely enforcement actions in turn indicate a more successful Compliance and Enforcement Program and should serve to increase voluntary compliance within the liquor industry.

Ministry Goal 3:

Public interests are safeguarded through:

• Consumer protection and communication of public safety and awareness initiatives;
• An effective residential tenancy system;
• Regulation of gaming and promotion of responsible gaming practices; and
• Liquor control decisions that reflect community standards.

Core Business: Compliance and Consumer Services

Objective 1: Services are provided to protect public interests while promoting fairness and understanding in the marketplace

Key Strategies

• Implement new legislation and regulations for consumer industries.
• Move regulated consumer industries toward delegated administrative authority.
• Take targeted enforcement action to reduce consumer victimization.
• Improve the quality of consumer information on film classifications and warnings.
• Implement changes to regulations to focus resources on high-risk businesses involved in film and video distribution.

Performance Measures and Results

In June 2004, the Business Practices and Consumer Protection Authority, a private, not-for-profit statutory corporation, assumed the function of enforcing consumer protection legislation from the Compliance and Consumer Services Branch. The performance measure identified in the Ministry of Public Safety and Solicitor General Service Plan 2004/05 – 2006/07 — dollars per FTE in restitution resulting from consumer service industry investigations — has therefore been dropped.

Objective 2: Landlord-tenant disputes are resolved in a timely manner

Key Strategies

• Implement new residential tenancy legislation.
• Improve the quality of residential tenancy information.
• Provide residential tenancy information efficiently through the internet and information clinics.

An important objective of the ministry is an effective residential tenancy system in which landlord-tenant disputes are resolved in a timely manner. Key strategies to meet this objective include improving the quality of residential tenancy information, and providing information and services efficiently through systems improvements. With improved quality of and access to residential tenancy information, parties are more likely to resolve disputes between themselves, thereby reducing demand on the arbitration system and in turn improving access for those parties who remain in dispute. For those who remain in dispute, improved information resources are intended to ensure they are better prepared for arbitration.

Performance Measures and Results

Where arbitrations are necessary to resolve disputes, it is essential that they proceed expeditiously. According to policy, arbitrations are to be scheduled within six weeks of an application for arbitration being accepted. To monitor adherence to policy, the ministry tracks the percentage of residential tenancy arbitrations scheduled to take place within six weeks or less.

The target established for 2004/05 was based on prior year data. Historically, approximately 90 per cent of arbitrations were scheduled within six weeks of filing and the goal is to gradually improve upon that rate.

The 2004/05 target was met, with a result of 92 per cent. Results are used by the Residential Tenancy Office to assess the number of arbitrators needed by the office, as the timeliness of scheduling is in part dependent on the availability of arbitrators.

Core Business: Gaming Policy and Enforcement

Objective 3: A comprehensive regulatory framework for gambling that balances economic activity with public safety

Key Strategies

• Streamline criteria for licensees and registrants.
• Continue to develop, implement and enforce public interest standards.
• Develop compliance sanctions and penalties for violations of the Gaming Control Act, regulations and policies.
• Audit all commercial gaming and horse racing activity in the province.
• Audit charities receiving over $50,000 in grants every four years.
• Conduct random audits of grant recipients.
• Audit major ticket raffle licensees every two years.

The ministry conducts audits of commercial gaming and horse racing activity in order to ensure compliance with all operating requirements, and to ensure the proper management of assets and handling of money.

The ministry also conducts compliance audits of gaming event licensees and grant recipients to: ensure that licensed gaming activities are conducted in a fair, open and honest manner, and that proceeds from licensed gaming and gaming grants are used appropriately; educate licensees and grant recipients on the requirements and their responsibilities; and encourage licensees and grant recipients to voluntarily comply with the requirements.

The audit function of the branch is one of the ministry's main tools for ensuring the integrity of the regulatory framework for gaming, and achieving the objective of a comprehensive regulatory framework that balances economic activity with public safety.

Performance Measures and Results

To assess the effectiveness of the audit function, the ministry tracks the percentage of gaming funds recipients audited, and the percentage of those audited that are found to be in compliance.

The ministry's audit program provides for regularly scheduled audits on a risk-assessment basis. Under the program, the ministry has identified the following targets:

• audit registered ticket raffle (potential revenue over $250,000) licensees annually;
• audit major ticket raffle (potential revenue over $100,000 to $250,000) licensees every two years;
• audit charities receiving over $50,000 in gaming funds every four years; and,
• audit five per cent of charities receiving under $50,000 in gaming funds annually.

The overall target for audits in 2004/05 was established by applying the above targets to the total population of gaming funds recipients. As the size and mix of community organizations receiving gaming funds changes from year to year, so will the overall target for the measure.

The overall target of nine per cent established for 2004/05 was surpassed, with 11 per cent of gaming funds recipients audited during the fiscal year. In addition to the planned audits referred to above, audit examinations may also be conducted in response to public complaints or on the recommendation of ministry staff. These additional examinations contributed to a greater than planned number of audits being performed in 2004/05. The results for this measure will assist the ministry in developing future year audit plans.

With regard to the second measure — the percentage of audited gaming funds recipients found to be in compliance — the target for 2004/05 was based on a review of the overall level of compliance in 2003/04, and an estimate of reasonable expectations for improvement resulting from the Compliance Enhancement Program.

The ministry launched the Compliance Enhancement Program in 2004/05 to help recipients of gaming funds better understand compliance requirements. The program delivers presentations to interested recipient organizations on a range of topics, including financial reporting requirements, compliance issues and appropriate use of proceeds. The objective of the program is to increase the overall compliance rate and financial accountability of community organizations receiving gaming funds. Since the launch of this initiative, the rate of compliance has been steadily rising and reached 76 per cent for the 2004/05 fiscal year.

Results for this measure are used to evaluate the overall effectiveness of the ministry's auditing function, including the Compliance Enhancement Program. The results assist the ministry in determining if modifications are required to increase compliance rates and, if any changes are undertaken, future results can be used to indicate the effectiveness of those changes.

Objective 4: Responsible gambling practices are encouraged through the Responsible Gambling Strategy

Key Strategies

• Maintain and enhance the Responsible Gambling Website.
• Enhance the delivery and effectiveness of problem gambling treatment and prevention services across the province.
• Increase awareness of the responsible gambling initiative and treatment services available to those with a gambling problem.
• Organize forums of experts to advise on responsible gambling initiatives.

In 2002/03, the provincial problem gambling program was transferred to the Ministry of Public Safety and Solicitor General. Following a full program review in 2003/04, the ministry introduced the Responsible Gambling Strategy. The strategy is designed to reduce the incidence of problem gambling, reduce the harmful impacts of excessive gambling and encourage responsible gambling practices and healthy choices.

Elements of the strategy, to be phased in by 2007/08, include: increasing emphasis and efforts in prevention, research and evaluation; fully developing the Partnership for Responsible Gambling by establishing responsibilities of local governments, service providers and other major stakeholders; reviewing service delivery and contract management of provincewide problem gambling treatment and prevention services; and, increasing awareness of the responsible gambling initiatives and treatment services available to those with a gambling problem.

Performance Measures and Results

To monitor progress towards the full implementation of the Responsible Gambling Strategy, the ministry tracks the achievement of implementation milestones.²⁴

Core Business: Liquor Control and Licensing

Objective 5: Local governments actively participate in assessing new liquor-primary applications

Key Strategies

• Provide local governments with community health indicators to better assess licence applications.
• Set terms and conditions for hours, size and entertainment that are consistent with community standards.
• Reduce regulatory requirements and processes that do not impact public safety.
• Streamline licensing and enforcement processes.

The ministry works with communities to ensure that new liquor-primary licences reflect public interests. During the licensing process, local governments/First Nations are provided with an opportunity to comment on the licence application. Local governments/First Nations may opt out of the consultation process for any or all applications. In these cases, the General Manager of the Liquor Control and Licensing Branch must provide an opportunity for residents to comment on the licence application.

Performance Measures and Results

The ministry monitors the percentage of local governments/First Nations providing input on liquor-primary licence applications to indicate levels of local participation in liquor control decisions.

This performance measure was introduced in 2003/04 with 2004/05 being the first full year of data collection. With an expanded role for local governments/First Nations to provide input into licensing decisions that may affect their communities, a 2004/05 target of 80 per cent was established to reflect the goal of increasing the level of input provided to the branch. Factors considered in establishing the target were increased familiarity among local governments and First Nations with the new regulatory regime and associated licensing process, and ongoing efforts by the branch to provide resources, tools, and advice to support them in providing input in the decision-making process.

The 2004/05 target was surpassed, with 93 per cent of local governments/First Nations providing input regarding new liquor-primary applications in their communities. This is significant in that local governments are best able to gauge and address concerns within their communities with respect to the service of liquor, and their input into the licensing decision process helps to ensure that public interests are served.

The high level of input provided by local governments/First Nations indicates that the ministry's relationship with these other levels of government is strong and that effective communication is taking place. Efforts by the ministry to provide resources, tools, and advice to local governments/First Nations to support them in their role of providing input into the decision-making process have been effective. The ministry will continue to work with local governments/First Nations and continue to refine and provide tools to facilitate their participation in the licensing process.

The ministry also tracks the average time required to acquire a liquor-primary licence to indicate progress in the streamlining of licensing processes. Streamlined licensing processes allow resources to be focused on providing local governments/First Nations with the information they need to effectively review and provide input on applications.

The target established for 2004/05 was based upon analysis of the liquor-primary licensing process under the new Liquor Control and Licensing Regulations. Other considerations included projected process efficiencies resulting from the implementation of the new POSSE database system, and the ongoing evaluation and streamlining of licensing processes.

The 2004/05 target of five months was not met, with it taking an average of 5.9 months to acquire a liquor-primary licence. This result is largely attributed to staffing challenges encountered; during 2004/05 there was a significant turnover of staff in the division responsible for liquor-primary licensing. As a consequence of this high rate of turnover, significant time and resources were invested in ensuring that new staff were properly trained to ensure that the integrity of the liquor-primary licensing process is maintained and that licensing decisions continue to be made reflecting public interests.

Deregulation

In support of the government initiative to cut red tape and reduce the regulatory burden, the ministry established the target of reducing the number of regulatory requirements by 19.9 per cent by June 2004. The ministry has surpassed that target, achieving a reduction of 4.1 per cent during fiscal year 2004/05, bringing the total reduction to 20.5 per cent.