Transcript Document
The Creation of the Canada Revenue Agency: A Backroom View of Public Sector Reform King’s University College February 28, 2006 Overview of Presentation • Intention to create CCRA announced in February 1996 SFT • Good example of strengths and weaknesses of policy making at federal level • Critical importance of consultations – shaped policy • Important role of personalities in policy process 2 Overview of Presentation (cont’d) • • • • • • CRA at a Glance The Creation of the CCRA, now the CRA Attributes of the CRA Accountability in the CRA Accomplishments over the First Five Years Conclusion 3 CRA at a Glance (2003/4) • • • • • • • • • • • Collected over $288 billion—averaging over $1.1 billion every working day 1.5 million employers - $162.6 billion in source deductions Benefit and credit payments of $12 billion to 10.6 million eligible recipients Over 60 agreements with other govt depts/agencies for joint program delivery Collected over $40 billion on behalf of the prov/terr/First Nations Fairness Provisions - $475 million in interest and penalties waived/cancelled Over 77 million tax and benefits related hits on CCRA’s web site Approximately 23.4 million public enquiries answered 16,100 volunteers completed more than 516,000 tax returns 23 million individual and trust tax returns, 1.5 million corporate tax returns Workforce of over 44,300 employees across Canada (during peak periods) 4 Evolution of Unique Canadian Public Institution • Customs – oldest public administration (> 200 yrs) Excise – established pre 1900 Income Tax – temporary measure - WW I • Dept of National Revenue, Taxation (1926) Dept of National Revenue, Customs and Excise Department of National Revenue (1994) Canada Customs and Revenue Agency (1999) Canada Revenue Agency (2003) 5 Creation of the CCRA • Intention to create CCRA announced in 1996 SFT. • Two drivers behind announcement: – Alternative Service Delivery (ASD) – Strengthening Relationships with the Prov/Terr • Objective to create “arm’s length” organization – administer revenue laws – federal, particpating prov. – a “national” institution • Question of governance, authorities and accountabilities 6 Alternative Service Delivery • System-wide reform unsuccessful (e.g. PS 2000) • Program review created pressures for redefining government role in service delivery • Beneficial experience of other countries (N.Z., U.K.) • Federal government decided ASD could provide innovative, flexible approaches,but rejected broad system-wide approach of N.Z., U.K. • Step-by-step with no standard model 7 Strengthening Relationships with Provinces and Territories • Revenue Canada already provided extensive service to provinces – – – – Personal income tax for nine provinces Corporate income tax for seven provinces Sales tax for three provinces Social benefit delivery • But provinces increasingly unhappy – Finance Canada forced them to harmonize with federal tax regime to get free administration – Little say in tax admin – wanted more accountability 8 SFT Announcement • Last minute decision to include • Talked of creation of a national revenue agency • Caught most major players by surprise (e.g. DM, Minister) • Wording ambiguous (“national revenue agency”) – No clear idea of what intended (new form of governance?) – Where was Customs? 9 Process to Create Agency • First 6 months spent clarifying SFT announcement – Difference of opinion amongst senior civil servants – Several rounds of discussion at Clerk/DM levels • Decision was federal body, with Customs, with more accountability to the provinces 10 Process to Create CCRA (cont’d) • First Round of Consultations in Fall 1996 • Informal discussions with provincial officials (ADM level) – wanted Agency arm’s length as possible from feds • DM and Minister also wanted arm’s length model – Gravelle had long advocated Crown Corporation model – Stewart questioned need for Revenue Minister (Canada almost unique in having one) – “Work myself out of a job” 11 Process to Create CCRA (cont’d) • Issued progress report April 1997 • Arm’s length agency with sign. mgmt. flexibility • Like Crown Corporation – Board of Directors responsible for all aspects of agency (except unable to intervene in specific cases) – CEO responsible for day-to-day operations – Minister has access to info, directive power (like C.C.’s) – 1470 legislative authorities vested in CEO, not Minister – Full admin/management authorities – Under Canada Labour Code, not PSSRA 12 Process to Create CCRA (cont’d) • Consulted target audiences – provincial governments (DMs, Ministers) – private sector tax/customs associations – business associations (CFIB, Boards of Trade, Chambers of Commerce) • Results interesting – private sector troubled by reduced Ministerial role – provincial Ministers concerned re: arm’s length of agency – M.P.’s very concerned over responsiveness, role of Min. 13 Process to Create CCRA(cont’d) • Other factors – New DM on scene (January 1997) – not comfortable with arm’s length from government, esp. CLC – New Minister, Dhaliwal (June 1997), concerned about diminished ministerial role – Consequently, DM and Minister receptive to messages 14 Process to Create CCRA (cont’d) • Led to a redefinition of the concept in second “Progress Report”, issued in January 1998 • Strengthened role/accountability of Minister – Retains 1470 legislative Authorities • Board of Management – Responsible for overseeing management authorities (formerly with TB, PSC, etc.) – Advisory only on admin/enforcement of legislation 15 Process to Create CCRA (cont’d) • CEO: – accountable to Minister for administration and enforcement of legislation – accountable to Board for management of Agency 16 Accountability in the CRA Continuum of Ministerial Accountability and Involvement Dep’ts CFIA & CRA & SOAs Parks Other Dept’l Corps Dept’l Corp Regime More Ministerial Control & Accountability Crown Corps ($) Crown Corps Fed Corp Regime Nav Can Comm & ETOs Priv Sector Less Ministerial Control & Accountability 17 Process to Create CCRA (cont’d) • Wide distribution of report to target audiences – Ministerial letter to stakeholders – Internet site • Created Advisory Committee of small business and tax/customs professionals • Ministerial cross country trip • Caucus briefing of M.P.’s, Senators • Reaction very favourable – private sector – M.P.’s and Provincial Ministers 18 Process to Create CCRA (cont’d) • Drafted legislation (with much redrafting) • Legislation: – introduced June 1998 – passed April 1999 – came into force November 1999 19 Attributes of the CRA • Departmental Corporation (Schedule 2, FAA) • Minister has overall responsibility • 15 member Board of Management – 11 nominees from provinces and territories – Responsible for overseeing management authorities • Commissioner is CEO, responsible for day-to-day management • Funded primarily through appropriations • Financial statements – govt. accounting system 20 Attributes of the CRA (cont’d) • • • • Significant human resources management authorities Separate employer under PSLR Act Responsible for its own collective bargaining Can establish its own HR policies • • • • classification staffing and recruitment recourse employment adjustment • Mobility with rest of public service 21 Attributes of the CRA (cont’d) • May enter into contracts, agreements or other arrangements (except legal services) • Manages its own intellectual property (e.g. publications) • May manage its own real property (e.g. land and buildings) 22 Design Principles of CRA • Governance framework reflects three fundamental principles of CRA – Ministerial accountability for program legislation – Improved accountability to provinces and territories – Flexibility to tailor human resources and administrative management activities to needs of tax 23 Accountability in the CRA • • • • Minister Board Commissioner (CEO) Other government departments – Treasury Board 24 Role of the Minister • Administers/enforces program legislation (Income Tax Act, GST Legislation, etc.) – Power to delegate day-to-day administration to officials – Can direct officials in exercise of powers • Approves Corporate Business Plan (CBP) and recommends it to Treasury Board • Can inquire into any activity of the CRA • May issue written direction to the CRA (BOM) on any matter that affects public policy or could materially affect public finances 25 Role of the Board of Management • Different than private sector or Crown Corp board • Accountable to Parliament, through the Minister, for meeting objectives of the CBP • Oversees management of authorities given to the CRA in legislation (e.g. general administration, hr) • Directs the development of the CBP • Recommends the Annual Report to the Minister • May provide non-binding advice to Minister on the administration of program legislation 26 Role of the Commissioner (CEO) • Responsible for day-to-day management and direction of the CRA – accountable to Minister for exercise of ministerial powers delegated by the Minister – accountable to the BOM for efficient management of the CRA – has specific management authorities, such as appointment of staff 27 Role of the Commissioner • Develops the CB Plan for the BOM • Ensures preparation of the CRA Annual Report • Required to keep Minister informed - so Minister can give direction to BOM (if and when necessary) • Required to consult federal departments on whose behalf CRA administers programs • Required to consult and report annually to provinces and to seek annual meeting with provincial Ministers of Finance 28 Role of the Treasury Board • Retains financial management authority under the FAA • Is consulted on CRA’s HR plan before collective bargaining • Approves the CRA’s Corporate Business Plan (including funding requirements for CRA to be included in appropriations) 29 Accountability to Parliament • Minister answerable in Parliament for CRA • Minister accountable to Parliament for the administration of program legislation • Minister tables summary of Corporate Business Plan in Parliament • Minister tables Annual Report in Parliament 30 Accountability to Parliament • Auditor General continues to be auditor • PSC may report, in its annual report, on the compatibility of the CRA’s staffing principles with those governing staffing under the PSEA • Parliamentary review of legislation after 5 years 31 Accountability to Provinces and Territories • Commissioner required to: – provide provinces/territories with information to evaluate taxes on programs administered by Agency – consult with provinces/territories on matters of significant impact on their taxes/programs – annually report on administration of provincial and territorial taxes/programs – Offer to meet Ministers of Finance annually to seek their views on administration of their programs 32 Summary • Unique form of governance structure to meet objectives of CRA • Requires cooperation among Minister, Board of Management, and Commissioner 33 Five Year Review • CCRA Act mandated a review after 5 years • Review being undertaken by the Standing Committee on Finance • Minister submitted report: – Reported on implementation of CCRA Act and Agency accomplishments – Well received • Agency stakeholders to also appear before the Committee 34 So what have we done in 5 years? • Used our management flexibilities (human resources, finance, administrative) to create a more efficient and effective organization – Guidance by the Board of Management with its private sector perspective • Strengthened our relationship with the provinces and the territories • Improved services to Canadians 35 Human Resources Management • Tailored HR regime based on business needs – Large decentralized organization with many HR transactions – Workforce: • Predominately career employees • Knowledge workers • Large term population • New staffing and recruitment system: – Values and competency based framework – Development of PQP system – Simplified recourse 36 HR Management (cont’d) • Strengthened labour relations – – – – Simplified bargaining unit structure Developed Agency compensation policy Tailored employment conditions Negotiated CRA specific collective agreements • New dispute management system: – Shift from litigious to preventive – Based on interest based conflict resolution 37 HR Management (cont’d) • Focus on good management practices – Created management group for all supervisors – Revamped performance management system – Created a learning environment: • Agency learning policy with measures of learning investment (5%-6% of salary) • Individual learning plans 38 Financial/Administrative Areas • Cost reductions in administration through technology based re-engineering • New partnership with PWGSC on real property management • Strong emphasis on comptrollership – Good financial and performance reporting, internally and externally 39 Strengthened Relationship with Provinces and Territories • Developed new Service Management Framework Agreements • Comprehensive reports to provinces and territories • Regular meetings of the Commissioner and his counterparts • Generated economies and efficiencies for prov./terr. • Requested new programs to be taken on by the Agency 40 Operational Accomplishments • Significant use of technology to enhance service many examples, including: – Internet filing and on-line access to information – On-line registration, Internet filing and electronic payment by businesses • Strong emphasis on achieving compliance through assistance, education and enforcement carried out by a knowledgeable and professional staff • Enhanced services to charities • More effective revenue collections 41 Conclusion • Agency status with its unique governance structure (e.g. BoM) has been key to the continued success of our organization • Over 5 years we have built a strong foundation for the challenges of the future, – Better serving Canadians – Stronger relationships with prov/terr. • A truly “national organization” 42