ARCHIVED - NAFTA Secretariat — Canadian Section - Report

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SECTION 2 – ANALYSIS OF PROGRAM ACTIVITIES 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.

As briefly discussed in Section I, the NAFTA Secretariat, Canadian Section has a single strategic outcome and two program activities. Our strategic outcome is directly aligned with one of the Government of Canada’s outcomes, which is A Strong and Mutually Beneficial North American Partnership. The program activities are briefly described below.

2.2 Program Activity by Strategic Outcome

2.2.1 Administration of International Trade Dispute Settlement Mechanisms

Our key Program Activity clearly reflects our only strategic outcome. To fulfill its mandate, the Canadian Section must maintain a highly efficient, effective and impartial process for the implementation of dispute settlement provisions under NAFTA and the three bilateral agreements. Further, to carry out the mandated responsibilities, the Canadian Section collaborates with its counterparts in the United States and Mexico.

2.2.2 Internal Services

Internal Services are groups of related activities and resources that are administered to support the needs of programs and other corporate obligations of an organization. These groups are: management and oversight services; human resources services; financial and administrative services (including facilities, materiel and acquisition services); information management services; and information technology services.

2.3 Performance Analysis by Program Activity

2.3.1 Administration of International Trade Dispute Settlement Mechanisms

The following tables present a summary of planned and actual spending on financial and human resources as well as performance related information.

Program Activity: Administration of International Trade Dispute Settlement Mechanisms

2009-10 Financial Resources ($, 000)			2009-10 Human Resources (FTEs)
Planned Spending	Total Authorities	Actual Spending1	Planned	Actual1	Difference
1,815	1,835	540	6	5	-1

Expected Results	Performance Indicators	Targets	Performance Status	Performance Summary
Improved administrative support to panels and committees to ensure a just, speedy and cost effective dispute settlement process.	Consistent and immediate availability of accurate, complete and relevant information to support panel proceedings	At least 80% or more of the clients indicating that they are fully satisfied with the information support provided to them	The objectives could not be evaluated during the reference period	Given that no cases were filed in Canada, we could not evaluate our objectives and the resulting performance indicators.
	Quality of procedural advice and guidance provided to panelists and participants on dispute settlement procedures	Tested and continuously improved tools and systems	Met all	In collaboration with the U.S. Section administered a total of two panel proceedings involving Canada and we collaborated with our counterparts to provide unbiased administrative, logistical and financial support to all panels.
Foster effective collaboration in the administration of panel and committee proceedings between delivery partners.	Extent of cooperation and joint undertakings with other national sections in the administration of panel proceedings	Maintenance of common Trilateral Website Maintenance of common Registry Information System Harmonized procedural guidelines	Met all	The established service standard respecting the postings of panel decisions and other notices on the website for the Registry services is that they should be posted on the same day the decisions are issued. This target was achieved 100% of the time.
	Effective participation in the NAFTA Chapter 19 Operation Working Group Meetings to influence outcomes	Active participation	Met all	Organized the NAFTA Chapter 19 Working Group Meeting on e-filing pilot project.

Performance Analysis

During the year under review, the Canadian Section, in collaboration with the U.S. and Mexican Sections, successfully administered a total of six panel proceedings. Two of these proceedings involved Canada and they were both filed in the U.S. Section of the NAFTA Secretariat. As a result, the client satisfaction monitoring survey could not be carried out. Status reports for these cases are available on the NAFTA Secretariat website at http://www.nafta-sec-alena.org .

Additionally, the Canadian Section, in collaboration with the national sections and the Parties, organized the NAFTA Chapter 19 Working Group Meeting in Ottawa and discussed the feasibility of implementing an e-filing pilot project aimed at further improving panel review processes. In the coming year, an evaluation of e-filing proposal and approaches will be undertaken and the results will assist in developing a longer term strategy.

2.3.2 Internal Services

Program Activity: Internal Services

2009-10 Financial Resources ($, 000)			2009-10 Human Resources (FTEs)
Planned Spending	Total Authorities	Actual Spending2	Planned	Actual2	Difference
1,200	1,225	743	6	5	-1

Expected Results	Performance Indicators	Targets	Performance Status	Performance Summary
Management of corporate agenda	Corporate culture that ensures transparency in management processes Results of external and internal audit reports Existence of Information Management policies, directives and new function based classification system to manage our information assets	Effectiveness of Financial Management Controls Results of external and internal audits confirm compliance with policies Implementation of Policy on Information Management	Met all Met all Partially met	Procedures and checklist to identify high risk transactions were developed. Improved governance structure was put in place to enhance decision making and future direction of the agency. Phase I of information management implementation was completed with the migration of paper records to the newly approved function based classification structure. Phase II (electronic records migration) implementation will take into account the Secretariat’s future integration with DFAIT.

Performance Analysis

During the year under review, phase I of information management implementation was completed with the migration of paper records to the newly approved function based classification structure. Phase II (electronic records migration) implementation will take into account the Secretariat’s future integration with DFAIT.

2.4 Lessons Learned

The NAFTA Secretariat has put in place appropriate internal mechanisms to ensure effective administration of panel proceedings. Since we have only an administrative role and we have no control over the factors that may affect panel proceedings and panel decisions, we continually monitor our various case management tools and make any adjustments deemed necessary to ensure effectiveness and efficiency of the processes as well as full compliance with all procedural requirements.

2.5 Benefits for Canadians

Canada’s economic growth and prosperity rely on access to foreign markets, particularly in the NAFTA countries. The program activity of the NAFTA Secretariat serves the public interest by providing effective administration of the dispute settlement processes when our market access is jeopardized. Canadian exporters, importers, producers and investors in goods and service industries directly benefit from a fairer and more predictable operating environment.

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¹ The number of cases involving Canada was much fewer than previous caseload years (see Section 1.6). Additionally, there was a surplus in salary expenditures, which was attributable to the fact that certain positions remain vacant and staffing actions were put on hold as a result of planned integration with the Department of Foreign Affairs and International Trade (DFAIT).

² There was a surplus in salary expenditures, which was attributable to the fact that certain positions remain vacant and staffing actions were put on hold as a result of planned integration with (DFAIT). As well, all major expenditures were put on hold.

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