ARCHIVED - NAFTA Secretariat — Canadian Section

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SECTION 2 - ANALYSIS OF PERFORMANCE BY STRATEGIC OUTCOME

2.1 Strategic Outcome

A highly efficient, impartial and rules-based international trade dispute resolution process that benefits Canadian exporters to NAFTA countries, as well as NAFTA country exporters doing business in Canada.

2.1.1 Program Activity Name

Administration of International Trade Dispute Settlement Mechanisms

In its 2007-2008 RPP, the NAFTA Secretariat, Canadian Section identified one strategic result through one program activity. The six priorities listed in Section 1.4 of this document were aimed at supporting and enhancing the NAFTA Secretariat, Canadian Section's ability to carryout its mandated responsibilities.

The following table shows actual spending on financial and human resources for its strategic outcome and program activity in 2007-2008.

Financial Resources

Human Resources

2.2 Performance Measure Strategy

The NAFTA Secretariat's actual performance management framework consists of seven key documents. These are:

• The Report on Plans and Priorities - sets the strategic directions and outlines to parliamentarians and Canadians the results the organization plans to achieve with the resources entrusted to it;
• The Strategic Plan - defines the Secretariat's mandate and strategic outcome, assesses the internal and external situation, documents the corporate risk profile and provides strategic priorities for the next 3-5 years ;
• The Integrated Business and Human Resources Plan - integrates business, people and technology management as the foundation for the effective planning of ongoing operations. It identifies the human resource and information technology implications by priority project for the fiscal year;
• Client Service Standards Monitoring Questionnaire - 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:
  • accuracy, relevance and quality of information provided;
  • the impartiality of the information;
  • provision of guidance by senior staff on the dispute settlement processes, rules of procedures and code of conduct;
  • accessibility of the staff;
  • independence; and
  • scheduling of panel hearings/conference calls/panel meeting

• ISO 9001:2000 Quality Policy and Quality Plan - defines specific performance indicators, which are audited by an independent external body on an annual basis;
• 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); and
• The Departmental Performance Report completes the accountability loop by reporting to Parliament on the results achieved.

2.3 Performance Accomplishments

In the 2007-2008 reporting period, the NAFTA Secretariat, Canadian Section administered a total of 10 panel proceedings, with 1 decision issued. Six of these proceedings were terminated and the remaining were still under review as at March 31, 2008. 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:

• Copper pipe fittings originating in or exported from the United States of America (Dumping) - CDA-USA-2007-1904-01;
• Unprocessed grain corn, excluding seed corn (for reproductive purposes), sweet corn and popping corn, originating in or exported from the United States of America (AD/CVD) - CDA-USA-2006-1904-01;
• Magnesium from Canada (Five-Year Reviews of the Countervailing Duty and Antidumping Duty Orders) - USA-CDA-2004-1904-01;
• Certain Softwood Lumber Products from Canada (Final Results of Countervailing Duty Administrative Review and Rescission of Certain Company-Specific Reviews) - USA-CDA-2005-1904-01;
• Certain Softwood Lumber Products from Canada (Determination under Section 129(a)(4) of the Uruguay Round Agreements Act) - USA-CDA-2005-1904-03;
• Certain Softwood Lumber Products from Canada (Antidumping Duty Determination under Section 129 of the Uruguay Round Agreements Act) - USA-CDA-2005-1904-04;
• Certain Softwood Lumber Products from Canada (Final Results of Antidumping Duty Administrative Review) - USA-CDA-2006-1904-01;
• Certain Softwood Lumber Products from Canada (Final Countervailing Duty Administrative Review) - USA-CDA-2006-1904-02;
• Carbon and Certain Alloy Steel Wire Rod from Canada (Final Results of Antidumping Duty Administrative Review) - USA-CDA-2006-1904-04; and
• Certain Softwood Lumber Products from Canada (Final Scope Ruling ) - USA-CDA-2006-1904-05.

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.

2.3.1 Improved Support to Panels and Committees

The NAFTA Secretariat, Canadian Section is committed to administer the dispute settlement processes in a timely, fair and effective manner. T he 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:

• administered and operated a court-like registry for the filing and processing of panel review documents; and
• ensured fair and equitable procedural and administrative services based on the legal principles and the rules and regulations applicable to the proceedings.

2.3.2 Unbiased and Equitable Administrative Process

Fundamental to the effectiveness of the NAFTA Secretariat is the provision of 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 NAFTA Secretariat continued its effective participation in the NAFTA Chapter 19 Operation Working Group, which comprises the representatives of the Parties, their investigating authorities and the three national sections. The activities are aimed at improving the operations of the dispute settlement processes.

2.3.3 Openness and Accountability

The NAFTA Secretariat, Canadian Section is committed to the promotion of a corporate culture that ensures transparent management processes and accountability.

To this end, the Canadian Section:

• provided timely and accurate financial reporting;
• was audited by the Canadian General Standards Board. The report showed that the ISO 9001:2000 quality management system met all the audit requirements and as a result we were re-certified;
• was assessed by the Treasury Board Portfolio on the Management Accountability Framework. This process, which pinpointed management strengths and weaknesses, provided invaluable feedback for the Agency to use in strengthening its performance and providing greater results for Canadians; and
• was audited by the Public Service Commission. The audit of its human resource staffing practices found that:
  • management took the necessary steps to establish an appropriate framework, systems and practices for managing our staffing activities; and
  • the staffing transactions conducted under the current Public Service Employment Act were complaint with authorities and respected the appointment values.

2.3.4 Increased National and International Collaboration

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 operation of the dispute resolution process is of paramount importance in fulfilling the mandate of the NAFTA Secretariat.

To this end, the Canadian Section:

• jointly administered dispute settlement panels with the United States section;
• continued consultation work with other national sections for the redesign of the NAFTA website and the Registry Information System. T he Agency is leading the way in moving the website to a more dynamic platform. The website provides a variety of users with easy access to online information. The web based Registry Information System enables the three national sections to capture panel review related information and numerous other required tools in an environment where sharing information is an essential part of doing business. Both projects from the design point of view have been completed at the time of writing this report; and
• consulted and liaised with other government departments to fulfil its mandated responsibilities.

2.3.5 Operational Efficiency and Effectiveness

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,

• provided financial administration support to panels and committees;
• initiated the development of an integrated business and human resources plan. When completed during the next fiscal year, the NAFTA Secretariat will make significant progress towards efficiency and innovation.

2.3.6 Maintenance of the Highest Quality Service

Accomplishments are focused on the use of new information technologies to develop and enhance systems and processes and investing in employees' professional development and organizational learning to maintain the highest quality of service.

• In 2007-2008, the Canadian Section continued to focus on the strategic management of human resources to ensure that it recruited competent, highly motivated employees, while offering a workplace atmosphere that promotes learning and professional development for all.
• The Section also revised, updated and harmonized its entire policy suite and other reference tools that employees need to do their work.

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