ARCHIVED - Registry of the Competition Tribunal

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SECTION I: OVERVIEW

Minister’s Message

I am pleased to present the Registry of the Competition Tribunal’s Departmental Performance Report for 2006–07.

My goal as Minister of Industry, and one of the top priorities of Canada’s New Government, is to ensure we maintain a strong economic environment — one that allows Canadians to prosper in the global economy. We are seeing great changes in the international marketplace. New trade agreements, rapidly advancing technologies and the emergence of developing countries are all contributing to today’s business environment. Canada needs to keep pace.

Part of my mandate is to help make Canadians more productive and competitive. We want our industries to continue to thrive and all Canadians to continue to enjoy one of the highest standards of living in the world.

For this to happen the government is committed to maintaining a fair, efficient and competitive marketplace — one that encourages investment, sets the stage for greater productivity, and facilitates innovation. We are relying on market forces to a greater extent, regulating only when it is absolutely necessary. Our policies have helped turn research into new products and business processes. In addition, we are making efforts to increase awareness of sustainability practices among Canadian industry, emphasizing the social, environmental and economic benefits they bring.

The Department and the Industry Portfolio have made progress on a wide range of issues this past year, most notably in the areas of telecommunications, science and practical research, manufacturing, small business, consumer protection, patents and copyrights, tourism and economic development.

The Industry Portfolio is composed of Industry Canada and 10 other agencies, Crown corporations and quasi-judicial bodies. These organizations collectively advance Canada’s industrial, scientific and economic development, and help ensure that we remain competitive in the global marketplace.

We have accomplished much this year. Using Advantage Canada — the government’s long-term economic plan — as our roadmap, we have made great strides toward many of our most important goals. We will continue to focus on these goals to support the conditions for a strong economy — an environment that Canadians expect and deserve.

 

 

______________________________

Jim Prentice

Minister of Industry

 

Management Representation Statement

I submit for tabling in Parliament, the 2006–2007 Departmental Performance Report for the Registry of the Competition Tribunal. 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(s) and Program Activity Architecture that were 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
Name:	_________________________________________________________________
Title:	Deputy Head and Registrar

Summary Information

Department’s Reason for Existence—The Competition Tribunal is a quasi-judicial adjudicative tribunal that was created in 1986 by the Competition Tribunal Act.  Its mandate is to hear applications and issue orders related to the civil reviewable matters set out in Parts VII.1 and VIII of the Competition Act, whose purpose is to maintain and encourage competition in Canada, and to ensure that firms compete fairly and markets operate efficiently.  The Tribunal has no other function and operates at arm’s length from the government and its departments.

The Competition Tribunal Act provides for an administrative infrastructure for the Tribunal.  For the purpose of this report, a clear distinction between the Tribunal and its Registry must be established.  While they assume complementary roles to support the implementation of the Competition Act, these two entities have different status, carry out different activities, and are subject to different accountability measures.  One fundamental difference between the Tribunal and the Registry is that the former is a quasi-judicial body, while the latter is considered a federal department under the Financial Administration Act.  In fact, the Financial Administration Act specifically excludes the Tribunal from the Registry’s designation as a department.

Since its creation, the Tribunal has heard cases relating to mergers, abuse of dominant position and various trade practices that have involved key players in several industries.  The Tribunal has dealt with cases concerned with products and services in a number of business arenas, including, among others:  pharmacies and pharmaceutical retailing; furniture stores; importers of cast iron pipes; airline computer reservation systems and travel; oil refining and gasoline retailing; community newspapers; aspartame; waste disposal; car parts; marketing research services; shared electronic network services; grain handling services; forestry industry; weight loss; tanning industry and fuel saving devices. 

Financial Resources(in $ thousands)

2006–2007
Planned Spending	Total Authorities	Actual Spending
$1,524	$1,545	$1,524

 

Human Resources

2006–2007
Planned 14 FTEs		Actual 14 FTEs		Difference 0
					2006–2007
Status on Performance					Planned Spending	Actual Spending
Strategic Outcome: Open, fair, transparent and expeditious hearings related to the Tribunal’s jurisdiction
Priority No. 1 Efficient and effective Registry support to the Tribunal for the conduct of fair and timely hearings of cases and to issue decisions under Parts VII.1 and VIII of the Competition Act in accordance with the provisions of the Act.	Program Activity – Expected Result The Tribunal hears cases and the Registry processes the materials for the cases heard by the Tribunal under Part VII.1 (Deceptive Marketing Practices) and Part VIII (Reviewable Matters) of the Competition Act.   The expected results are a Registry service that provides administrative support to Tribunal members and litigants; ensures timely access to case records and decisions, contributing to the Tribunal effectiveness and transparency; efficient case processing and hearing services to the Tribunal and litigants; efficient management of the Tribunal’s case records, and the continued maintenance and enhancement of modernized document and filing systems.		Performance Status   A comprehensive review of the Competition Tribunal Rules was undertaken. These proposed rules simplify processes before the Tribunal.         There has been continued effort to enhance the Tribunal’s case management system.  A new case management system was implemented in 2007.		$1,524	$1,524
	Program Activity –  Expected Result   Support services related to cases, other administrative support (IT, finance, and administration). The expected results are the strengthening of management practices, and support for employee learning and development.		Performance Status     In an effort to improve service, service standards were developed and implemented in both the Registry services and finance areas.     The Public Service Employment Act implementation is complete, and a review of mandatory policies has occurred.   The RCT continues its commitment to employee learning and development

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