ARCHIVED - Transportation Appeal Tribunal of Canada

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Section I: Overview

Chairperson's Message

This reporting period of 2006-2007 represents more than 20 years of service by the Transportation Appeal Tribunal of Canada which together with its predecessor the Civil Aviation Tribunal has delivered quality service to Canadians. Also in this reporting period the awaited expansion of the Tribunal to include the marine transportation sector has materialized.

The passage of the Marine Transportation Security Regulations in November 2006 with its projected in force date of November 2007 brings to fruition the expanded multi-modal mandate of the Tribunal. Additionally, the International Bridges and Tunnels Act has received Royal Assent. This Act confirms the federal government's exclusive jurisdiction over international bridges and tunnels. It establishes a system of administrative monetary penalties for designated infractions of the legislation which may be reviewed through the Transportation Appeal Tribunal of Canada's two-level hearing process.

The Transportation Appeal Tribunal of Canada is a quasi-judicial body which adjudicates matters that have a serious impact on the livelihood and operations of the aviation, rail and marine sectors. It fulfills the essential role of providing an independent review of ministerial enforcement and licensing actions taken under various federal transportation Acts.

The Tribunal continues to conduct itself in an open, impartial manner consistent with procedural fairness and the rules of natural justice. The Tribunal encourages the use of pre-hearing conferences to assist the parties appearing before it, to identify the issues for determination by the Tribunal and to disclose and exchange documents. This reduces the length of hearings and avoids last-minute adjournments necessitated by late disclosure. This becomes an important factor given the current complexity of hearings with parties' representatives requesting hearings from five to twenty days in length.

The program's effectiveness can be measured by its ability to provide the transportation community with the opportunity to have ministerial decisions reviewed fairly, equitably and within a reasonable period of time. The average lapsed time between the conclusion of a review hearing and the issuance of a determination for this reporting period is 115 days and 76 days for an appeal. This brings the hearing process to a timely conclusion for both parties appearing before it.

Faye Smith
Chairperson

Management Representation Statement

I submit for tabling in Parliament, the 2006-2007 Departmental Performance Report for the Transportation Appeal Tribunal of Canada.

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 Tribunal's approved Strategic Outcome and Program Activity Architecture structure 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
• It reports finances based on approved numbers from the Estimates and the Public Accounts of Canada.

Faye Smith
Chairperson

Summary Information

Raison d'être

The mandate and the jurisdiction of the Transportation Appeal Tribunal of Canada are provided for by the Transportation Appeal Tribunal of Canada Act. The Tribunal's principal mandate as a multi-modal review body is to hold review and appeal hearings at the request of interested parties with respect to certain administrative actions taken under various federal transportation Acts.

The objective of the program is to provide the transportation community with the opportunity to have enforcement and licensing decisions of the Minister of Transport reviewed by an independent body. The Minister's enforcement and licensing decisions may include the imposition of monetary penalties or the suspension, cancellation, refusal to renew or refuse to issue or amend documents of entitlement on medical or other grounds. The person or corporation affected is referred to as the document holder.

These decisions are reviewed through a two-level hearing process: review and appeal. All hearings are to be held expeditiously and informally, in accordance with the rules of fairness and natural justice.

At the conclusion of a hearing, the Tribunal may confirm the Minister's decision, substitute its own decision, or refer the matter back to the Minister for reconsideration.

Financial Resources ($ thousands)

2006-2007
Planned Spending	Total Authorities	Actual Spending
1,329.0	1,563.5	1,337.0

Human Resources (Full-time Equivalents (FTEs))

2006-2007
Planned	Actual	Difference
9	10	1

Departmental Priorities

Status on Performance			2006-2007
Strategic Outcome: To provide the Canadian transportation community with the opportunity to have enforcement and licensing decisions of the Minister of Transport reviewed by an independent body.
Alignment to Government of Canada Outcomes
Priority	Program Activity: Expected Result	Performance Status	Planned Spending $ thousands	Actual Spending $ thousands
Priority No. 1: To hold hearings expeditiously and informally	Hearings that are held expeditiously, fairly and informally	Successfully met	1,299.0	1,309.0
	Timely disposition of review and appeal hearings within service standards	Successfully met
	Hearings conducted in accordance with the rules of fairness and natural justice	Successfully met
	Use of pre-hearing conferences to streamline and expedite the hearing process	Successfully met
	Quality and consistency of decision-making	Successfully met
	Level of satisfaction by the transportation community	Successfully met
Priority No. 2: Management Accountability Framework	Continue the implementation of modern management practices	Ongoing	25.0	25.0
Priority No. 3: Government On-line	Improve access and service performance	Ongoing	5.0	3.0

Whole of Government Framework

The Whole of Government Framework was introduced in Canada's Performance 2002, and has evolved through departmental consultations over the years.

The framework provides a structural "logic model" for the Government of Canada - mapping the contributions of departments, agencies and Crown corporations that receive appropriations to a set of high-level Government of Canada outcome areas.

To achieve its strategic outcome, the Tribunal identified three strategic priorities in its Report on Plans and Priorities. The following table outlines the Tribunal's strategic outcome and alignment to Government of Canada outcomes.

Strategic Outcome: To provide the Canadian transportation community with the opportunity to have administrative or enforcement actions under federal transportation Acts reviewed by an independent body.

Program Activity: Review and appeal hearings

Government of Canada Outcome: Safe and secure communities

More information regarding the Whole of Government Framework is available at the following address: http://www.tbs-sct.gc.ca/pubs_pol/dcgpubs/mrrsp-psgrr/wgf-cp_e.asp.

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