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Section III: Supplementary Information

Departmental Organization

The Transportation Appeal Tribunal of Canada's only business line is to hold review and appeal hearings.

The office of the Tribunal is located in the National Capital Region. The Tribunal's Chairperson is also its chief executive officer. The Chairperson, Vice-Chairperson and immediate staff account for nine FTEs. The immediate staff carries out the functions of registry, research, communications and administrative support. The Tribunal outsources some corporate services that are not required full-time. Thirty-three part-time members were in office during 2006-2007, twenty-nine in aeronautics, including medicine, and four in rail. Members are drawn from across Canada and are appointed by order in council on the basis of their knowledge and expertise. The part-time members are remunerated for the days they serve.

Table 2: Organization Chart

• The lower half of the organization chart displays the distribution of part-time members and their area of expertise by region. All members report to the Chairperson.

• Nine FTEs are utilized by the indeterminate full-time employees including the Chairperson and the Vice-Chairperson.

Table 3: Comparison of Planned to Actual Spending (Including FTEs)

($ thousands)	2004-2005 Actual	2005-2006 Actual	2006-2007
			Main Estimates	Planned Spending	Total Authorities	Total Actual
Provision of an independent review process	1,271.2	1,284.8	1,329.0	1,329.0	1,563.5	1,337.0
Total	1,271.2	1,284.8	1,329.0	1,329.0	1,563.5	1,337.0
Plus: Cost of services received without charge	229.8	223.9	225.8	225.8	225.8	225.8
Net cost of Tribunal	1,501.0	1,508.7	1,554.8	1,554.8	1,789.3	1,562.8
FTEs	9	8	9	9	9	10

In 2006-2007, planned spending for the Tribunal was $1,329,000. The actual expenditures were $1,337,091. The personnel costs accounted for 57% of actual expenditures and operations accounted for 43%. The cost for preparing and holding hearings was $265,861.

Effective June 30, 2003, the Aeronautics Act amendments changed the procedure for the Designated Provisions Regulations so that the Minister is no longer the applicant, rather the person who receives the notice of assessment of monetary penalty either pays the stated penalty or files a request for review with the Tribunal. This has reduced the number of files which the registry had heretofore opened and closed shortly thereafter when the hearing request was automatically triggered by non-payment of the penalty. Consequently, the number of requests for certificates of non-payment has increased offsetting the decrease in number of case files. In fiscal year 2005-2006, there were 128 cases and 42 requests for certificates while in 2006-2007, there were 89 new cases and 30 requests for certificates.

Table 4: Average Costs for Reviews and Appeals

	2006-2007	2005-2006	2004-2005
Reviews	$4,599	$5,134	$3,943
Appeals	$4,463	$7,249	$3,557
Reviews and Appeals Held	39	63	45
Monthly Average	3.25	5.25	3.75
Caseload	211	272	269

When comparing the types of hearing actions, there are significant variances in resources spent due to uncontrollable factors such as location, travel, time spent on hearings, remuneration, interpreters, preparation, decision writing, costs for court reporting, transcripts and translations. The Chairperson and Vice-Chairperson presided over 10 of the 39 cases. Sometimes, cases are heard together to reduce costs. The average costs fluctuate each fiscal year as they are determined by the number of reviews and the complexity of cases.

Table 5: Resources by Program Activity

2006-2007 ($ thousands)
Provision of an independent review process	Budgetary				Plus: Non- Budgetary	Total
	Operating	Capital	Less: Respendable Revenue	Total: Net Budgetary Expenditures	Employee Benefit Plans
Main Estimates	1,200.0	-	-	1,200.0	129.0	1,329.0
Planned Spending	1,200.0	-	-	1,200.0	129.0	1,329.0
Total Authorities	1,437.6	-	-	1,437.6	125.9	1,563.5
Actual Spending	1,211.1	-	-	1,211.1	125.9	1,337.0

Table 6: Voted and Statutory Items ($ thousands)

Vote or Statutory Item	Truncated Vote or Statutory Wording	2006-2007
		Main Estimates	Planned Spending	Total Authorities	Actual
80	Operating expenditures	1,200.0	1,200.0	1,437.6	1,211.1
(S)	Contributions to employee benefit plans	129.0	129.0	125.9	125.9
	Total	1,329.0	1,329.0	1,563.5	1,337.0

Table 7: Services Received Without Charge

	2006-2007 ($ thousands)
Total Actual Spending	1,337.0
Plus: Services Received without Charge
Accommodation provided by Public Works and Government Services Canada	173.8
Contributions covering the employers' share of employees' insurance premiums and expenditures paid by Treasury Board Secretariat (excluding revolving funds)	52.0
2006-2007 Net cost of Tribunal	1,562.8

Financial Statements

In its Annual Report for the fiscal year 2006-2007 (http://www.tatc.gc.ca/doc.php?lang=e&DocID=56), the Tribunal includes financial statements that provide an accounting of the Tribunal's administration of its public financial affairs and resources.

Financial statements are prepared in accordance with accrual accounting principles. The unaudited supplementary information presented in the financial tables in the Annual Report is prepared on a modified cash basis of accounting in order to be consistent with appropriations-based reporting.

Annex 1

Future Plans

The Standing Senate Committee on Transport and Communications adopted Bill C-34 to establish the Transportation Appeal Tribunal of Canada on the recommendation of private industry. The predecessor Civil Aviation Tribunal had maintained a level of independence and impartiality which has allowed it to operate in a manner that respects the principles of fairness and natural justice. The mandate of the Civil Aviation Tribunal has now been expanded to act as a multi-modal review body for administrative and enforcement actions taken under various federal transportation acts. An Act to establish the Transportation Appeal Tribunal of Canada and to make consequential amendments to other Acts (Bill C-34) received Royal Assent on December 18, 2001 and was proclaimed in force by order in council on June 30, 2003.

The Transportation Appeal Tribunal of Canada Act amends the Aeronautics Act, the Canada Shipping Act, the Canada Transportation Act, the Marine Transportation Security Act and the Railway Safety Act to establish the jurisdiction and decision-making authorities of the Tribunal under those Acts.

The Marine Transportation Security Regulations, passed in November 2006, have an in force date of November 2007. As well, the International Bridges and Tunnels Act has received Royal Assent. It establishes a system of administrative monetary penalties reviewable by the Tribunal's two-level hearing process.

Government of Canada On-line

In 2007-2008, the Tribunal will continue to improve the delivery of its key services to the public for greater efficiencies and increased client satisfaction and will improve access and service performance by making major modifications to its Web site and by providing Internet links.

Statutory Annual Report

Under section 22 of the Transportation Appeal Tribunal of Canada Act, the Tribunal shall, not later than June 30 in each fiscal year, submit a report of its activities during the preceding fiscal year.

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