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The Honourable David Emerson
Minister of International Trade
SECTION 1 – OVERVIEW
1.1 The Minister’s Message
1.2 Management Representation Statement
1.3 Summary Information
1.3.1 Mandate
1.3.2 Operating Framework
1.3.3 Key Co-Delivery Organizations
1.3.4 Risks and Challenges
1.3.4.1 Tripartite Nature of the NAFTA Secretariat
1.3.4.2 Maintaining Organizational Capability
1.3.5 Financial and Human Resources
1.4 Summary of Departmental Performance
1.5 What the Priorities Mean for Canadians
SECTION 2 – ANALYSIS OF PERFORMANCE BY STRATEGIC OUTCOME
2.1 Strategic Outcome
2.1.1 Program Activity
2.2 Performance Measure Strategy
2.3 Performance Accomplishments
2.3.1 Support to Panels and Committees
2.3.2 Unbiased and Equitable Administrative Process
2.3.3 Openness and Accountability
2.3.4 National and International Collaboration
2.3.5 Operational Efficiency and Effectiveness
2.3.6 Highest Quality Service
2.4 Financial Information
SECTION 3 – SUPPLEMENTARY INFORMATION
3.1 Overview
3.2 Who We Are
3.3 Where We Are Located
3.4 How We Are Organized
3.5 Roles
3.6 Travel Policies
3.7 Responsibility Chart
ANNEX A – The Mandate of the NAFTA Secretariat
ANNEX B – Guiding Principles
ANNEX C – Financial Statements
The North American Free Trade Agreement (NAFTA) – now in its 14th year – stands as a clear example of success for all three North American partners. In today’s fiercely competitive global landscape, the NAFTA has contributed to sharpen the competitive advantages of businesses, and to the creation of wealth and increased the prosperity of our citizens.
Under the NAFTA, Canada’s annual merchandise trade with its NAFTA partners has nearly doubled since 1994, reaching $597.2 billion in 2006. Trade in services has nearly doubled as well (from $46.4 billion in 1994 to $82.7 billion in 2004). There has also been a positive impact on investment. Total foreign direct investment in Canada reached $448.9 billion in 2006, of which more than 61% came from our NAFTA partners. This enhanced economic activity and production has contributed to the creation of more and better paying jobs for Canadians.
In the past decade the global business and trade environment has become increasingly complex and competitive, particularly fuelled by the rapidly changing patterns of global value chains and the rise of new and rapidly growing markets. We have to work even more closely together with our North American partners to maximize North American competitiveness and take full advantage of this new environment.
When I met with my NAFTA counterparts on August 14, 2007, we committed to increase market efficiencies, economic growth, prosperity and innovation in all three countries for the benefit of our citizens. We agreed to: develop a work plan which will address the key issues that impact our trade and identify the most effective means to further enhance it; facilitate trade in specific sectors in order to foster stronger more competitive North American value chains; and, conduct an analysis of the free trade agreements that each country has negotiated subsequent to the NAFTA, beginning with those in the western hemisphere.
In 2006-2007, the Canadian Section of the NAFTA Secretariat focussed its efforts on the improvement of its management frameworks, and responding to client’s needs and employee’s learning and development. Significant progress was achieved in these areas by becoming ISO 9001:2000 quality management system certified and by introducing a new Policy on Talent Management. I encourage the Canadian Section of the NAFTA Secretariat to continue its high level of service in the effective, unbiased and equitable administration of the dispute settlement mechanisms of the NAFTA.
____________________________________
The Honourable David Emerson
Minister of International Trade
I submit for tabling in Parliament, the 2006-2007 Departmental Performance Report (DPR) for the NAFTA Secretariat, Canadian Section.
This document has been prepared based on the reporting principles contained in the Guide for the Preparation of Part;III of the 2006-2007 Estimates: Reports on Plans and Priorities and Departmental Performance Reports:
It adheres to the specific reporting requirements outlined in the Treasury Board Secretariat guidance;
It is based on the department’s approved Strategic Outcome and Program Activity Architecture structure that was approved by the Treasury Board;
It presents consistent, comprehensive, balanced and reliable information;
It provides a basis of accountability for the results achieved with the resources and authorities entrusted to it; and
It reports finances based on approved numbers from the Estimates and the Public Accounts of Canada.
__________________________________________
Françoy Raynauld, Ph.D.
Secretary
NAFTA Secretariat, Canadian Section
_______________________________
Date
This report demonstrates the Canadian Section’s commitment to sound management practices in the administration of international trade dispute resolution mechanisms. The report emulates the four principles for public reporting set by Treasury Board of Canada Secretariat (TBS). These principles require departments and agencies to:
The report begins by briefly describing the purpose of the NAFTA Secretariat, Canadian Section, followed by operating environment, key co-delivery organizations, risks and challenges as well as human and financial resources. Then the report summarizes the Canadian Section’s strategic outcome and performance results for the period under review, including financial performance. The final section provides organizational information on who we are and what we do.
The NAFTA Secretariat, Canadian Section is an independent agency created in 1994 by an Act of Parliament (the North American Free Trade Agreement Implementation Act). The mandate of the NAFTA Secretariat is to administer the trade dispute resolution mechanisms (see ANNEX A for the mandate of the NAFTA Secretariat).
The Canadian Section of the NAFTA Secretariat is funded by Parliament through a program expenditures vote. It operates within the context of Canada’s international trade framework.
The Canadian Section reports to Parliament, for financial accountability purposes, through the Minister of International Trade (see Section 3.7 – Responsibility Chart).
For more details on the operating context, see the NAFTA Secretariat website at http://www.nafta-sec-alena.org and the Canadian Section website at http://www.nafta-sec-alena.org/canada/index_e.aspx.
The NAFTA Secretariat comprises the Canadian, the United States and the Mexican national sections. Pursuant to Article 1908 of the NAFTA, the involved national sections are required to “act jointly in providing administrative assistance to all panels and committees”. In light of this, the Canadian Section’s relationship with its counterpart sections in the United States and Mexico is fundamental to its effective performance.
Additionally, the NAFTA Secretariat, Canadian Section is one of many Canadian and NAFTA country organizations involved in international trade matters. While it operates at arm’s length from other federal and provincial government institutions, it can only succeed in fulfilling its strategic outcome by working with them. Therefore, in fulfillment of its mandate, the NAFTA Secretariat interacts directly with:
Furthermore, the Canadian Section has established memorandums of understanding with other federal government departments for the provision of human resources support services, financial systems, various back-up services and the administration of Public Servants Disclosure Protection Act. Such agreements are currently in place, among others, with Public Works and Government Services Canada, Health Canada, the Military Police Complaint Commission and the Competition Tribunal.
The followings are key environmental factors that could affect the planning and priority setting of the NAFTA Secretariat, Canadian Section:
The NAFTA Secretariat operates in a social context where different legal, linguistic, business and cultural traditions prevail. Managing the Canadian participation in this tripartite organization must be conducted within the policies and practices of the Canadian Government and also be harmonized with administrative practices of its two partners in the United States and Mexico. New initiatives (for instance, Government on-Line) often require extensive consultations and negotiation before they can be implemented, as the three sections of the NAFTA Secretariat must give their concurrence.
The success of the NAFTA Secretariat and its credibility as an independent tribunal depend largely on the expertise, professionalism and competence of its employees. In recent years, we have introduced essential training for employees and managers to ensure they have the knowledge and skills to meet evolving mandatory job requirements, as services offered to our stakeholders increase. However, as there are few lateral or higher career opportunities within the Secretariat, the retention of key personnel remains a challenge.
In its 2006-2007 Report on Plans and Priorities (RPP), the NAFTA Secretariat, Canadian Section identified six priorities, which were aimed at finding and improving ways to enhance its service delivery (see Sections 2.3.1 to 2.3.6 below). Overall, substantial progress was achieved against all priorities and with respect to project planning and resource allocation. Table 1 provides a quick overview of the results achieved during the year under review.
Canada’s economic growth and prosperity are inextricably linked to access to the NAFTA countries and other markets. As a result, Canadian foreign policy underscores the rules-based international trade dispute settlement systems as a critical part of its trade policy and trade relations. The NAFTA Secretariat administers relevant international trade dispute processes based on clear and equitable rules. Therefore, the program activity of the NAFTA Secretariat serves a public interest by providing a timely, unbiased and inexpensive administration of trade dispute resolution processes. Hence, Canadian exporters, importers, producers and investors in goods and service industries directly benefit from a fairer and more predictable operating environment.
It is increasingly clear that Canada’s economic prosperity will continue to be significantly defined by its success in the North American market. The NAFTA’s rules-based dispute resolution system provides critical stability and transparency for Canadian business as they continue to seek new opportunities and secure market access abroad. It is also crucial that the integrity of the rules-based framework continues to provide an effective means to resolve any trade dispute that may arise in such a large trading partnership. In this regard, the Canadian Section of the NAFTA Secretariat continues to provide services of the highest quality in the administration of international trade disputes settlement. Our strategic outcome is directly aligned with one of the Government of Canada’s outcomes, which is A Strong and Mutually Beneficial North American Partnership (see Table 2 below).
In its 2006-2007 Report on Plans and Priorities, the NAFTA Secretariat, Canadian Section identified only one program activity, which is the administration of international trade dispute settlement mechanisms. In addition, a second program activity has been defined as internal services, in line with the directives from the TBS. This program activity is used by all
departments and agencies to describe corporate services designed to deliver cost-effective support services that facilitate the achievement of departmental objectives.
The six priorities mentioned in the first section of this document are aimed at supporting and enhancing the Canadian Section’s ability to administer the dispute settlement mechanisms of the NAFTA. This approach enables alignment with the key co-delivery organizations.
The logic model shown in Table 3 on page 10 identifies the linkages between the activities of the NAFTA Secretariat, Canadian Section and the achievement of its strategic outcome. It shows the chain of results connecting resources and program activities to outputs and to expected results, intermediate outcomes and strategic outcome.
At the completion of each panel review, the Canadian Section monitors client (panelists, assistant to panelists and counsel for participants) satisfaction with its services by requesting them to complete a Client Service Standards Monitoring Questionnaire. The most important service qualities clients are asked to rate include:
This feedback enables the Section to evaluate its services on an ongoing basis and to maintain its high service standards. During the year under review, there were two cases filed in Canada. One of theses cases was terminated before panel selection and the other was stayed pending the final disposition of the judicial review proceeding before the Federal Court of Appeal. As a result, the client satisfaction monitoring survey could not be carried out.
The Canadian Section also obtains feedbacks on its program and activities from its employees at regular management meetings and other key strategic planning meetings. As well, the Canadian Section is committed to the highest standards of ethical behaviour in serving the Canadian public as reflected in its guiding principles (see ANNEX B).
In the 2006-2007 reporting period, the NAFTA Secretariat, Canadian Section administered a total of 13 panel proceedings, with 2 decisions issued. Two of these proceedings were completed and the remaining were still under review as at March 31, 2007. Status reports for
these cases are available on the NAFTA Secretariat website at http://www.nafta-sec-alena.org.
The following is the list of panel reviews administered during the year under review:
Additionally, during the period under review, the Canadian Section provided services such as translations, distribution of documents, record-keeping, safeguarding and dissemination of records of completed panel reviews. It also provided logistical planning for panel meetings and hearings, administrative and accounting services, as well as procedural guidance regarding the rules of procedures and the Code of Conduct to counsel for participants, panelists and assistants to panelists.
The NAFTA Secretariat, Canadian Section is committed to administer the dispute settlement processes in a timely, fair and effective manner. The major tasks include case management, administrative, technical and logistical support to panels and committees, including the administration of a court-like registry at a level comparable to other registries of superior courts of
record in Canada.
To this end, the Canadian Section:
Fundamental to the effectiveness of the NAFTA Secretariat is its independence from the three national governments. This independence allows it to offer impartial procedural guidance and equitable administrative support to the participants and panels of experts who hear and decide on cases brought before them. To this end, the Canadian Section is committed to applying fair and equitable procedural and administrative practices that are governed by the rules and regulations as well as legal principles applicable to the proceedings.
In January 2007, the Canadian General Standards Board audited the management systems implemented by the NAFTA Secretariat, Canadian Section and verified that it conforms to the requirements specified in the ISO 9001:2000 standards. As a result, our management quality system has been certified and as explained in our 2006-2007 RPP, we joined the Mexican Section accomplishments in this regard. The ISO certification is well respected in the business community and the NAFTA Secretariat therefore adds to its credibility in the management of trade disputes.
The NAFTA Secretariat, Canadian Section is committed to the promotion of a corporate culture that ensures transparent management processes and accountability to the NAFTA Free Trade Commission and the public.
To this end, the Canadian Section:
Collaboration with the other national sections in the joint administration of panels as well as in the joint development of policies and programs aimed at facilitating the operations of the dispute resolution processes is of paramount importance in fulfilling the mandate of the NAFTA Secretariat.
To this end, the Canadian Section:
The NAFTA Secretariat, Canadian Section is committed to employing new information technologies to further develop and enhance systems and processes that improve the overall efficiency of the dispute settlement processes and staff productivity.
In this context, the Canadian Section,
The NAFTA Secretariat, Canadian Section is committed to maintaining the highest quality of service in the administration of dispute settlement mechanisms. As well, it continued to promote employee professional development in order to maintain high level of expertise. Additionally, it further improved professional services and corporate management frameworks, policies and processes.
In that regard, the Canadian Section continued to put sustained emphasis on the strategic management of human resources to ensure that it recruited competent and devoted employees who remained with the organization, by offering a workplace atmosphere that promotes learning and professional development for all. The goal is to ensure that employees and managers have the knowledge and skills to meet evolving mandatory job requirements in order to offer an exceptional support and service continuity to our clients - trade law experts and judges chosen by national governments that adjudicate trade disputes brought before them.
To achieve this goal, during the year under review, the Canadian Section developed a new Policy on Talent Management, which reflects the new changes brought forward with the implementation of the Public Service Modernization Act and the new powers delegated to Head of Agencies. As a result of this policy, the Canadian Section has established adequate qualification criteria for the recruitment, learning, development and retention of its personnel. Employees are provided with the appropriate initial, continuing and specialized training as may be deemed necessary to acquire and maintain the level of expertise required to do their job and achieve their career goals. The cost associated with training was $48,700 and the implementation of the policy was $20,000. Additional services without charges were also received from the Small Agencies Transition Support Team.
Also, the Canadian Section now makes available to all its new employees a welcome kit that provides key information on getting acquainted with work practices in the Federal Public Service. Lessons learned over past years indicate that an individual’s integration in a small organization shall not be taken for granted.
Tables 4 to 6 shown below provide comparison of planned and actual spending, voted resources and net cost of the NAFTA Secretariat, Canadian Section.
Complete financial statements are enclosed in ANNEX C. The have been prepared in accordance with accrual accounting principles. The unaudited supplementary information presented in the financial tables in the DPR is prepared on a modified cash basis of accounting principles in order to be consistent with appropriations-based reporting. Note 3 on page 30 of the financial statements reconcile these two accounting methods.
This table explains the way Parliament voted resources to the NAFTA Secretariat, Canadian Section, and basically replicates the summary table listed in the Main Estimates.
This table shows the net cost of the NAFTA Secretariat, Canadian Section. It begins with the actual spending and adds services received without charge to arrive at the net cost of the department to Canadians.
Provide administrative assistance to panels and committees; and
Provide assistance to the NAFTA Free Trade Commission (See ANNEX A for details).
2006-2007 Actual Spending = $1,511,317
Number of FTEs = 9
Administration of international trade dispute settlement mechanisms by providing registry services and procedural guidance with respect to the Rules of Procedures, Code of Conduct and conflict of interest guidelines that apply to panels of experts who hear and decide on cases brought before them (visit http://www.nafta-sec-alena.org/DefaultSite/index_e.aspx?DetailID=8 for an overview of NAFTA dispute settlement provisions); and
Joint administration of dispute settlement panels with the other involved national section(s) following an appeal of a decision made by an investigating authority such as, in Canada, the Canada Border Services Agency (CBSA) and the Canadian International Trade Tribunal (CITT) and government to government disputes involving two or three Parties.
Reports to Parliament through the Minister of International Trade (see Section 3.7 for Accountability Structure).
The NAFTA Secretariat is a unique organization established by the Free Trade Commission, pursuant to Article 2002 of the NAFTA. It comprises the Canadian, the United States and the Mexican national sections.
The national sections, which are "mirror‑images" of each other, are located in Ottawa, Washington and Mexico City, and each is headed by a Secretary appointed by her/his respective government.
Each national section maintains a court-like registry relating to panel and committee proceedings. The involved national sections provide joint administration of panel and committee proceedings and share equally all expenses related to such proceedings. As a result, the national sections have harmonized their registry operations and records management practices. Further, the three national sections have jointly developed and administer the Integrated Registry Information System and the NAFTA Trilateral website, which are hosted by the Canadian Section. In light of this, the Canadian Section’s relationship with its counterpart sections in the United States and Mexico is fundamental to its effective performance.
In the administration of the dispute settlement provisions of the relevant free trade agreements (see ANNEX A for details), the NAFTA Secretariat, Canadian Section provides professional and advisory support to panels and committees and coordinates all panel and financial aspects of the process.
In addition to the assistance provided in support of the dispute resolution process, the Canadian Section is also involved in facilitating the operation of these agreements through the provision of information and professional services. This is achieved through initiatives such as the establishment of an Internet website, the maintenance of a library and reference centre, research and analysis of trade related issues and, through collaboration with other national sections, establishment of management, policy, and procedural frameworks.
Special Travel Authorities:
The NAFTA Secretariat, Canadian Section follows the TBS Special Travel Authorities.
Travel Directive, Rates and Allowances:
The NAFTA Secretariat, Canadian Section follows the TBS Travel Directive, Rates and Allowances.
The NAFTA Secretariat, Canadian Section has one program and one business line. For financial purposes accountability, the reporting structure is to Parliament through the Minister of International Trade (see figure 1).
* Full-Time Equivalent (FTE): A full-time equivalent is the unit of measurement for personnel resources and refers to the employment of one person for one full year or the equivalent thereof. FTEs are not subject to Treasury Board control, but are disclosed in Part III of the Estimates in support of personnel expenditure requirements.
The Mandate of the NAFTA Secretariat
The mandate of the Secretariat is set out in Article 2002.3 of the NAFTA and reads:
The Secretariat shall:
a) provide assistance to the Commission;
b) provide administrative assistance to:
c) as the Commission may direct:
In 1997 and then again in 2002, the Canadian Section's mandate was expanded to include the administration of the dispute settlement processes under the following trade agreements:
Commitment to an Unbiased and Equitable Administrative Process |
The NAFTA Secretariat, Canadian Section is committed to administering the dispute settlement provisions of the relevant Free Trade Agreements and other Bilateral Agreements as directed by the Parties in a manner which ensures unbiased administrative processes, equity, security and fairness. |
Commitment to Service Quality |
The NAFTA Secretariat, Canadian Section is committed to maintaining the highest quality of administration to all dispute settlement proceedings and to investing in technologies that will sustain future operations. |
Support to Stakeholders |
The NAFTA Secretariat, Canadian Section is committed to supporting and providing services to its stakeholders in dispute resolution in a manner that is impartial, responsive, accessible and timely. |
Openness and Accountability |
The NAFTA Secretariat, Canadian Section is committed to the promotion of a corporate culture implementing transparent management processes and accountability, both to the NAFTA Free Trade Commission and to the public. |
Operational Efficiency |
The NAFTA Secretariat, Canadian Section is committed to pursuing alternative service delivery to enhance information access and sharing and to improve operating practices. |
Continuous Learning |
The NAFTA Secretariat, Canadian Section is committed in having in place professional and motivated employees and in offering them the opportunity to advance their careers through continuous learning. |
Statement of Management Responsibility
Statement of Operations (Unaudited)
Statement of Financial Position (Unaudited)
Statement of Equity of Canada (Unaudited)
Statement of Cash Flow (Unaudited)
Notes (Unaudited)
Contacts and other relevant information:
Secretary
NAFTA Secretariat, Canadian Section
90 Sparks Street, Suite 705
Ottawa, Ontario
K1P 5B4
Tel: (613) 992-9388
Fax: (613) 992-9392
Website: www.nafta-sec-alena.org
The NAFTA Secretariat, Canadian Section (as of July 30, 2007):