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It is my pleasure to present the Canadian Transportation Agency's Report on Plans and Priorities for 2008–2009. As the following pages will attest, the upcoming months will be a period of profound change for the Agency, due to various factors both external and internal to the organization.
Over the past year the Agency has undertaken an extensive internal review process that will culminate in the implementation of a new organizational structure on April 1, 2008. This will mark the first significant change to the Agency's branches and directorates in 15 years.
Two new Agency branches will be created to reflect a redefinition of our primary business functions, namely Dispute Resolution and Industry Regulation and Determinations. The Agency's long-established, specialized modal expertise previously housed in the old Air and Accessible and Rail and Marine branches will be maintained in each of the two new branches.
The revamped structure will enhance the efficiency of the organization and provide greater flexibility to respond to changes and reallocate our resources where they are most needed. We at the Agency are very proud of our expertise in transportation and our long-standing reputation for being fair, transparent and responsive to all of our stakeholders. The changes that will come into effect on April 1 are meant to continue and build upon this tradition of excellence.
In recent years, the Agency has faced numerous workload and resource challenges. Yet the anticipated retirement of one-third of our staff in just a few short years and increasing legislative responsibilities given to us by Parliament mean that the organization's biggest challenges still lie ahead. Clearly we must ensure that we continue to have the right people in the right place doing the right work at the right time.
With a view to maintaining and enhancing its role in the transparent, fair and efficient regulation of the federal transportation system, the Agency has developed a three-year outlook strategy. The overarching objective of the plan is to firmly establish the Agency as a leading tribunal of the Government of Canada. This will be accomplished by focussing on the following five priorities for the organization:
dispute resolution and economic regulation as key Agency services;
recruiting, retaining and developing a highly competent workforce;
enhancing the Agency's internal and external relations to better inform stakeholders and clients on its role, work, priorities and performance;
achieving a national transportation system that is accessible to all Canadians; and
implementing initiatives that aim to make the Agency more efficient, innovative and results-oriented.
In the summer of 2007, amendments to the Canada Transportation Act gave the Agency a number of new responsibilities in the rail and air transportation fields. As the Agency exists by virtue of this Act, our organization is guided in its work by the National Transportation Policy, outlined in section 5 of the Act, that essentially defines the spirit of the law. Revisions to this policy declaration place greater emphasis on social outcomes, the environment and, perhaps most importantly for the Agency, collaboration between industry and government as we all work towards a more integrated transportation system.
The Canadian Transportation Agency, in setting its course as an organization for 2008–2009 and beyond, has positioned itself to play a leading role in the achievement of a national transportation system that is efficient and accessible for the benefit of the entire country and all of its citizens.
Geoffrey C. Hare
Chairman and Chief Executive Officer
I submit for tabling in Parliament the 2008–2009 Report on Plans and Priorities (RPP) for the Canadian Transportation Agency.
This document has been prepared based on the reporting principles contained in the Guide to the Preparation of Part III of the 2008–2009 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 Agency's Strategic Outcome 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 the Agency; and
it reports finances based on approved planned spending numbers from the Treasury Board Secretariat.
Geoffrey C. Hare
Chairman and Chief Executive Officer
January 30, 2008
In its administration of federal transportation legislation and government policies, the Canadian Transportation Agency helps create an efficient and accessible federal transportation system for the benefit of Canadians.
The Agency is an independent, quasi-judicial, administrative tribunal that makes decisions on a wide range of matters affecting Canadian federal transportation. It licenses rail and air carriers, and has the authority to resolve certain transportation rate, service and other complaints in the rail, air and marine modes and to make regulations when required. It also has the authority to remove undue obstacles to the mobility of persons with disabilities who use the federal transportation network. In addition, the Agency implements the transportation policy established by Parliament in the Canada Transportation Act and other legislation. It is also the aeronautical authority for Canada on matters related to the economic regulation of air carriers.
The Agency exercises its powers through its members, who are appointed by the Governor in Council (GIC). The GIC may appoint up to five members, of which one shall be designated Chairman and Chief Executive Officer (CEO), and one Vice-Chairman. The Minister of Transport, Infrastructure and Communities can also appoint up to three temporary members.
The Chairman and CEO is accountable for the Agency's single program activity. The Vice-Chairman replaces the Chairman and CEO during his absence. All Agency members are accountable for making quasi-judicial decisions on matters before the Agency.
Effective April 1, 2008, the Agency will have a new organizational structure in place. In 2007, senior management mandated a working group to examine various options for organizational renewal, which is critical in attaining optimal business performance. As the current corporate structure has remained virtually unchanged since 1993, it was felt that such a review might identify organizational changes that could help address workload and pending retirement challenges facing the Agency, as well as address the new client-driven demands resulting from the legislated amendments contained in the Canada Transportation Act (Bill C-11).
The Agency's new organizational structure will comprise four branches: the Dispute Resolution Branch, the Industry Regulation and Determinations Branch, the Legal and Alternative Dispute Resolution Services Branch, and the Corporate Management Branch. The heads of each branch, as well as Communications, Internal Audit and Evaluation Services, and Secretary, report to the Chairman. The new structure integrates the current modal approach (air, accessible, rail, and marine) within a functional business delivery model and allows the Agency to better deal with future workload and resource challenges. It provides more flexibility to better respond to change and allows resources to be reallocated where needed to better deal with evolving workload demands. It also creates a better place to work, with greater career opportunities, learning and professional development, more variety in work assignments, and better internal mobility for employees between directorates and branches.
The Agency's headquarters are located in the National Capital Region. Agency personnel working in field offices in six cities across Canada carry out air and accessibility enforcement activities. More information about the role and the structure of the Agency can be found on the Agency's Web site at: www.cta.gc.ca/about-nous/index_e.html.
Chairman and Chief Executive Officer
Geoffrey C. Hare
Reporting to the Chairman and Chief Executive Officer:
($ thousands) |
|||
Vote or Statutory Item |
Truncated Vote or |
2008–2009 |
2007–2008 |
---|---|---|---|
25 |
Program expenditures |
22,803 |
22,611 |
(S) |
Contributions to employee benefit plans |
3,291 |
3,444 |
|
Total for the Agency |
26,094 |
26,055 |
($ thousands) |
Forecast Spending 2007–2008 |
Planned Spending 2008–2009 |
Planned Spending 2009–2010 |
Planned Spending 2010–2011 |
---|---|---|---|---|
Economic regulation of the federal transportation system |
26,055 |
26,094 |
26,094 |
26,094 |
Budgetary Main Estimates (gross) |
26,055 |
26,094 |
26,094 |
26,094 |
Total Main Estimates |
26,055 |
26,094 |
26,094 |
26,094 |
Adjustments |
||||
Supplementary Estimates: |
||||
Operating budget carry forward |
1,159 |
0 |
0 |
0 |
Other: |
||||
Treasury Board Vote 15 |
222 |
0 |
0 |
0 |
Spending of proceeds from disposal of Surplus Crown assets |
9 |
0 |
0 |
0 |
Total Adjustments |
1,390 |
0 |
0 |
0 |
Total Planned Spending |
27,445 |
26,094 |
26,094 |
26,094 |
Total Planned Spending |
27,445 |
26,094 |
26,094 |
26,094 |
Less: Non-Respendable Revenue |
(33) |
(46) |
(32) |
(32) |
Plus: Cost of services received without charge |
3,228 |
3,371 |
3,363 |
3,364 |
Total Agency Spending |
30,640 |
29,419 |
29,425 |
29,426 |
Full-time Equivalents |
255 |
251 |
251 |
251 |
2008–2009 |
2009–2010 |
2010–2011 |
---|---|---|
26,094 |
26,094 |
26,094 |
2008–2009 |
2009–2010 |
2010–2011 |
251 |
251 |
251 |
Name |
Type |
1. Dispute resolution and economic regulation |
New |
2. People |
New |
3. Enhanced internal and external relations |
New |
4. Accessibility |
New |
5. Organizational support and responsiveness |
New |
Program Activity |
Expected Result |
Planned Spending |
Contributes to the following priority |
||
---|---|---|---|---|---|
2008–2009 |
2009–2010 |
2010–2011 |
|||
Strategic Outcome: Transparent, fair, and efficient economic regulation of the federal transportation system. |
|||||
Economic regulation of the federal transportation system. |
Access to a specialized tribunal that is designed to serve the needs of users of, service providers within and others affected by the national transportation system. |
26,094 |
26,094 |
26,094 |
The Agency's single program activity contributes to all priorities and to the attainment of its expected result. |
The Agency's mission is to administer transportation legislation and government policies to help achieve an efficient and accessible transportation system through education, consultation and essential regulation.
The Agency performs the functions vested in it by the Canada Transportation Act and related legislation (refer to section 4.1.4 for a list of legislation and regulations that the Agency administers in whole or in part). It operates within the context of the very large and complex Canadian transportation system (for details, refer to Transport Canada's Web site at www.tc.gc.ca).
As an independent, quasi-judicial tribunal, the Agency makes decisions on a wide range of matters involving federally regulated modes of transportation (air, rail, and marine). Most of the Agency's activities and workload are generated by demand from users and operators of the federal transportation system. The tribunal's decision-making process is governed by its General Rules, entrenching the rules of fairness, which ensure that all parties to a complaint or an application are dealt with fairly and equitably.
Education and consultation are integral to the Agency's effectiveness in carrying out its mandate. The Agency works closely with those who use and provide transportation services in Canada and those outside Canada that are directly affected by these services. The Agency helps travellers, shippers, carriers, municipalities and others to fully understand not only their rights and obligations under the Canada Transportation Act, but also the Agency's roles and responsibilities. The Agency consults as widely as possible on issues related to the administration of its legislated mandate that are important to the transportation industry. When appropriate, the Agency encourages parties to resolve disputes informally before issues escalate and affect the efficient functioning of the transportation system. By remaining open and by listening to all affected parties, the Agency strives to ensure that its decisions are both responsive and sound.
The Agency continues to face fundamental workload challenges as a result of growing demands, more complex cases, a limited budget, and anticipated retirements over the next three years. Due to the amendments to the Canada Transportation Act (Bill C-11), in June 2007 the Agency received increased responsibilities. The amendments to the Act also provide the Agency with the authority to resolve noise and vibration complaints caused by the construction or operation of railways under federal jurisdiction, and decide matters such as compensation for the use of facilities or services when public passenger rail operators cannot negotiate a commercial agreement with a railway. There are expanded provisions on railway line transfers and discontinuances of rail corridors in urban areas that could be used for urban transit purposes. The legislative changes have formally eliminated the Air Travel Complaints Commissioner's position and those complaint resolution functions have now been integrated into the Agency's everyday operations. Amendments also provide for the eventual development by the Agency of regulations to ensure that airline advertising practices are sufficiently transparent to allow consumers to identify the true cost of an advertised airfare. And finally, of potential longer-term importance with respect to all transportation undertakings, is the addition to the Act, to expand a prior more limited role of the Agency related solely to the air industry, of a process for the Minister of Transport to direct the Agency to examine and report on national transportation public interest issues in certain mergers and acquisitions. In addition to these highlighted amendments, there were a significant number of other changes to the Act. One example was the empowering of the Agency to make a determination for an adjustment to revenue caps that apply to the regulated movements of Western grain to better reflect the actual costs for hopper car maintenance.
With the elimination of the Air Travel Complaints Commissioner's position, Transport Canada began phasing out funding for the program over a three-year time horizon as part of its commitment to Expenditure Review. However, the Agency retained the mandate for the program and beginning in 2005–2006 began absorbing the funding reduction of $2,645,000. The Agency anticipates managing air travel complaints and the workload related to the Agency's other legislated and administrative responsibilities, assuming current budget levels are maintained over the next three years.
A key change for the Agency is the official entrenchment in the Canada Transportation Act of its mediation services. Where possible, the Agency offers mediation as an alternative to its formal process for resolving disputes and issues. This less formal method is more simple, rapid, less litigious and less costly to the parties than the Agency's traditional formal hearing process. In addition, the Agency uses informal facilitation to resolve disputes. In facilitation and mediation, Agency staff work with the disputing parties to develop solutions and produce collaborative outcomes resulting in better understanding between the parties and agreements that inspire high levels of satisfaction and commitment. The Agency has moved quickly to create a new and distinct Alternative Dispute Resolution Services unit as part of the organizational renewal.
The Agency contributes to improving access to the federal transportation system for all Canadians. As Canada's population ages and the incidence of disability increases, the demand for accessible transportation will be even greater. The Canada Transportation Act includes a role for the Agency regarding the accessibility of the federal transportation network. The Agency is committed to ensuring the transportation network is accessible without undue obstacles to the mobility of persons, including persons with disabilities.
The Agency strives to be an innovative, knowledge-based organization, enabling it to effectively deal with the challenges of a changing environment and allowing it to be more responsive to Canadians and national economic objectives. To this end, in order for the Agency to be a well-managed organization that anticipates and responds effectively to change, it needs a more proactive and integrated approach to planning. Multi-year strategic planning is used to help the Agency better focus its efforts, ensure that the organization and its staff work toward the same goals, and assess and adjust the organization's direction in response to a changing environment. The Strategic Plan for 2008–2011 provides a multi-year framework for decision-making on resource allocation and actions that will shape and guide the Agency's vision, actions, and purpose with a focus on the future.
The Agency is one of many players involved in transportation. It maintains close ties with various co-delivery partners including Transport Canada, Foreign Affairs and International Trade Canada, the Canada Border Services Agency, the Canadian Human Rights Commission, the Canadian Air Transport Security Authority, and a number of provincial governments. For details on these relationships, refer to the Agency's Web site at www.cta.gc.ca/about-nous/partners_e.html.
The overarching strategic priority for the Agency is to continue to be a leading Canadian tribunal. The Agency strives to be highly respected as a quasi-judicial tribunal in Canada through its commitment to strong leadership, a clear vision, and dedication to excellence. The Agency's expertise, performance and use of model practices will ensure its continued role as a leading tribunal.
To demonstrate its leadership, the Agency will set and achieve high-quality standards that are meaningful both externally and internally. The Agency exchanges information with other successful tribunals on best practices and lessons learned to identify benchmarks against which to measure its performance and to focus on developing its practices. A key element is to foster and develop relationships with stakeholders and clients, the general public, other government departments, and other tribunals. Internally, the Agency will continue to look at innovative ways to improve and streamline its processes to ensure high-quality, timely and effective decision-making processes.
The Agency's priorities for the 2008–2011 period are:
All five priorities directly contribute to the Agency's mandate, the key element of which is to make sound decisions within the time frames established in the legislation on issues and disputes affecting the transportation system and on matters specified in the legislation under the Agency's responsibility.
Priority 1: Dispute Resolution and Economic Regulation
In its role as a quasi-judicial tribunal, the Agency provides dispute resolution and economic regulatory processes that are effective, responsive, fair, and transparent, and consider the interests of all parties in the national transportation system in a balanced manner. The objectives are to:
Dispute resolution and economic regulation are two of the Agency's key services. A number of factors influence the responsiveness and effectiveness of dispute resolution and timely issuance of regulatory authorities. Because complaints and applications for economic authorities such as licences and permits are client-driven, there is a significant degree of uncertainty in predicting the magnitude and timing of workload demands. The timeliness and completeness of applications can also lead to delays resulting in ineffective use of resources.
Despite the lack of control in determining the magnitude and timing of the cases, the Agency has opportunities for improving workload management. With the new organizational structure, dispute resolution and regulatory authorities are grouped for all modes of transportation providing more flexibility for responding to change and reallocating resources to alleviate workload pressures. The new structure also ensures more consistency in the dispute resolution process and timely issuance of regulatory authorities. In addition, through clearer communication, stakeholders have a better understanding of their role in and the importance of meeting deadlines and supplying complete information, resulting in a more timely dispute resolution process. To improve its responsiveness, the Agency is implementing a simplified decision format and procedures that streamline the decision-making process.
Formal dispute resolution can be a resource-intensive process for all involved (e.g., complainants, transportation providers and the Agency); hence, the Agency promotes ADR whenever possible when circumstances permit. ADR requires fewer resources, tends to be more timely, and allows the Agency to address and contribute efforts required to better manage the number of disputes that must be handled via the formal route. The Agency has established an ADR unit to promote alternative dispute resolution, and to ensure there is adequate capacity to meet the growing requirements. It also benefits parties by giving them an opportunity to come to a resolution on their own terms, as opposed to the formal dispute resolution in which the Agency issues a decision. The potential exists for increasing the use of ADR by effectively communicating its past success. However, it is recognized that ADR is not possible in all circumstances and that formal dispute resolution will continue to be used in cases where ADR efforts are not successful or appropriate.
The key actions the Agency will take in pursuing this priority are to:
Priority 2: People
The demographic of the workforce of the public service and the Agency have created significant challenges. The anticipated retirement of one-third of key Agency staff in the next three years risks the loss of corporate knowledge and expertise. The Agency must focus on recruiting, retaining and developing highly competent staff with the right capabilities to ensure there is a transfer of knowledge and expertise to adequately support the Agency's mandate. To this end, the objectives are to:
The Agency recognizes that in order to attract and retain highly skilled individuals, it must provide a working environment that fosters innovation and creativity and creates opportunities for development. Employees are the greatest asset of any organization, and within the current competitive market the Agency will continue to implement initiatives to demonstrate its commitment to being a workplace of choice.
Knowledge transfer is of particular concern. The Agency will build on key initiatives, such as a management development program, continuous learning, succession planning and in-house language training, and will continue to ensure that qualified individuals develop technical and managerial skills to guarantee that knowledge and expertise remain within the Agency.
The key actions the Agency will take in pursuing this priority are to:
Priority 3: Enhanced Internal and External Relations
In providing its services, the Agency will provide clear and timely communications and continue working collaboratively with clients and stakeholders to achieve its mission. In order to address this new priority, the following objectives have been established:
The Agency has identified the need to enhance communication with stakeholders and clients in order to achieve productive and mutually beneficial relationships. Open and responsive communication is critical and is a key component to successfully enhancing internal and external relations. To this end, the Agency is committed to adopting a coherent and co-ordinated approach to external outreach with stakeholders and its various interested parties in order to ensure a unified presence that promotes common themes and messages. Client and stakeholder outreach will be achieved through consistent and timely dissemination of information through mechanisms such as the Agency's Web site and targeted information bulletins.
To facilitate an open dialogue with clients and stakeholders, the Agency will institute regular consultations or roundtable meetings that provide a forum for meaningful discussion to address broad and systemic issues and to have a better understanding of developments in the industry. In addition, client satisfaction surveys will provide performance information to drive the Agency's service delivery improvement where the interests and opinions of clients and stakeholders are instrumental in defining expectations, setting priorities and establishing service standards.
The key actions the Agency will take in pursuing this priority are to:
Priority 4: Accessible Transportation
The Agency has a legislative mandate to remove undue obstacles to the mobility of persons, including persons with disabilities. The Agency achieves its mandate through:
The issues raised in accessibility disputes can be highly complex and systemic in nature, affecting broad groups of persons with disabilities and involving multiple service providers. Some of the complex issues brought before the Agency in recent years involve the accessibility of newly purchased passenger rail cars, fares and charges for additional seating required by persons with disabilities, the use of medical oxygen on board aircraft by persons with disabilities, and allergies in the context of air travel.
To resolve issues with systemic characteristics, the Agency usually conducts public hearings — the most efficient process for gathering and testing the evidence. However, the significant time and resources required to hear these cases adversely impact the ability to process other cases. Since they have proven to be more timely and cost-effective, as a general practice, the Agency promotes the use of informal means to resolve disputes. Service providers and persons with disabilities continue to provide positive feedback to these informal methods for resolving accessibility issues.
The Supreme Court of Canada, which recently considered the accessible transportation provisions in the Canada Transportation Act in its decision in the case of Council of Canadians with Disabilities v. VIA Rail Canada Inc., 2007 SCC 15, confirmed that these provisions constitute human rights legislation. As a result, the Agency is to apply the same human rights principles found in other human rights legislation, such as the Canadian Human Rights Act, and the jurisprudence that develops thereunder. More specifically, the Supreme Court has clarified the test that should be applied by the Agency in its investigation of accessibility cases and service providers are now required to meet a specific test of undue hardship in the assessment of whether reasonable accommodation has been provided to persons with disabilities. As the undue hardship test places a reverse burden of proof on service providers, their response to the new test — as reflected in their arguments made in reply to alleged undue obstacles — may have an impact on the time and resources required by the Agency in the processing of accessibility complaints for both individuals and where specific systemic issues are identified. Federal regulations, codes of practice, and other standards set out requirements and expectations for accommodating the needs of persons with disabilities, and disputes regarding accessibility of the federal transportation system provide an indicator of the level of compliance of service providers. In June 2007 the Agency issued the Passenger Terminal Accessibility Code. With this new Code, the Agency has now put into place regulations and standards covering equipment and services in all modes of travel provided by carriers and terminal operators. Accordingly, the Agency will develop and implement a comprehensive and integrated monitoring and compliance methodology to build on its existing monitoring activities. This will be supported by the Agency's extensive outreach program, which consists of ongoing dialogue with industry and the community of persons with disabilities in which key issues are identified and all parties are educated about their rights and responsibilities regarding accessibility of the federal transportation network.
The key actions the Agency will take in pursuing this priority are to:
Priority 5: Organizational Support and Responsiveness
For an organization to respond well to change, management must be effective and forward-looking — and some essential conditions must be in place to provide strategic direction and support the delivery of high quality services and results. These conditions include a culture of innovation, measuring performance as a guide for change, a capacity to anticipate and adjust to change, internal coherence, corporate discipline, and alignment of available resources to outcomes. In addition, accountability for results must be clearly assigned and consistent with resources. In order to be a well-managed, innovative organization that anticipates and responds effectively to change, the Agency has established the following objectives:
The new organizational structure provides the Agency with an opportunity to review and analyze various processes, to implement improvements, and to streamline processes where possible, all of which leads to a more effective allocation of resources and helps the Agency deliver upon all of its priorities. It is anticipated that it will take 12 to 24 months to fully embed and achieve the expected results following the implementation of the new organizational structure.
The Agency has adopted a multi-year approach to planning and has prepared a three-year Strategic Plan. Multi-year strategic planning will address the challenges faced by the Agency in delivering its mandate and achieving its mission through process efficiency, ensuring better forecasting of resource requirements and the realignment of resources to match priorities and workload consistent with this plan.
A fully implemented performance measurement framework will track how closely objectives are being met, support better management, decision making and robust reporting and demonstrate what results are being achieved at what cost (value for money). The Management Accountability Framework (MAF) is another component that reinforces sound management in the public service by providing public service managers with a comprehensive and integrated model for management and for management improvement. As well, the internal auditor provides management with objective assessments about the design and operation of management practices, control systems and information, in keeping with modern comptrollership principles, and contributes directly to effective risk management, sound resource stewardship and good governance.
The Agency will increase its involvement in small agency networks in order to identify best practices and lessons learned, determine the potential impacts of situations experienced by other agencies, and assist in implementing an early response plan. However, the key challenges in addressing this priority within the current operating environment are implementing the new organizational structure and working with central agencies to provide meaningful performance information.
The key actions the Agency will take in pursuing this priority are to:
The Agency's strategic outcome and program activity are directly aligned with the broader Government of Canada outcome of "a fair and secure marketplace". The regulatory programs implemented by the Agency resolve economic issues, remove transportation barriers and protect the rights of consumers, carriers and others. These programs also help to improve the overall quality of life in Canada, as an efficient and accessible transportation system benefits all Canadians.