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Section II: Analysis of Program Activities by Strategic Outcome

Strategic Outcome

The strategic outcome of the Tribunal is 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.

The Tribunal’s only activity is the provision of an independent review process for aviation, marine and rail by providing document holders with the opportunity to proceed with a Review or Appeal Hearing. The Tribunal represents the only forum ensuring that document holders have access to an independent assessment governed by considerations of natural justice. Its role does not overlap with, nor is it duplicated by, any other Federal agency, board, commission or tribunal. It is unique in the national transportation field, in that its function is entirely adjudicative.

Program Activity: Review and Appeal Hearings

Provides for the operation of an independent Transportation Appeal Tribunal of Canada to respond to requests from the transportation community for review of enforcement and licensing decisions taken by the Minister of Transport under the following Acts:

• Aeronautics Act, R.S.C 1985, c. A-2
• Canada Marine Act 1998, c. 10
• Canada Shipping Act, 2001, R.S.C. 1985, c. S-9
• Canada Transportation Act, S.C. 1996, c. 10
• Marine Transportation Security Act, S.C. 1994, c. 20
• Railway Safety Act, R.S.C. 1985, c. 32 (4th Supp.)

and to conduct Hearings. At the conclusion of a Review or Appeal Hearing, the Tribunal may confirm the Minister's decision, substitute its own decision, or refer the matter back to the Minister for reconsideration.

2010–11 Financial Resources (thousands of dollars)

Planned Spending	Total Authorities	Actual Spending
1,426.5	1,426.5	1,388.5

2010–11 Human Resources (FTEs)

Planned	Actual	Difference
9	6	3

Expected Results	Performance Indicators	Targets	Performance Status
Access to an independent assessment governed by considerations of natural justice	Hearings conducted in a timely manner	100% decisions rendered within 90 days	Mostly Met
Plans, measures and arrangements are in place to ensure the continuous delivery of critical services, which permits the organization to recover its data and assets	Business Continuity Plan developed Tools to maintain business continuity plan readiness, such as contingency, emergency response plan for example.	March 2010	Met All
Improved awareness and better information among the Transportation community and key stakeholders with respect to the Tribunal’s mandate, services and decisions	Tribunal information accessible to the lay person in a timely manner	June 2010	Met All

Performance Summary and Analysis of Program Activity

The program’s effectiveness can be measured by its ability to provide the Canadian transportation community with the opportunity to have Ministerial decisions reviewed fairly, equitably and within a reasonable period of time.

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 the hearings and avoids last-minute adjournments necessitated by late disclosure.

Facilitating discussions between the parties has also been particularly effective in settling licence suspensions and the refusal to renew on medical grounds without the necessity of a Review Hearing. The Tribunal Registrars contact the parties to schedule mutually agreed to Hearing dates to the extent possible to avoid unnecessary adjournments.

In 2009-2010, the Tribunal did not refer any cases back to the Minister of Transport for reconsideration, pursuant to section 7.1 of the Aeronautics Act. In 2010-2011, the Tribunal referred 3 cases back to the Minister for reconsideration, in light of the Tribunal lacking the power to substitute its own decision for that of the Minister in those cases. The average lapsed time between the conclusion of a Review Hearing and the issuance of a determination is 98 days and 160 days for an Appeal Hearing.

Lessons Learned

To promote communication between the parties with a view to settlement, the Registry encourages early disclosure of documents to the Document Holder or the Applicant. In order to resolve outstanding issues that may delay the scheduling of a Review or Appeal Hearing, the Registry will arrange a teleconference with a Tribunal Member.

In addition, experiences in aviation sector cases will prove valuable as marine and, eventually, rail sector cases increase in complexity and frequency and will provide precedents in training sessions for new Members.

Program Activity: 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; Communications Services; Legal Services; Human Resources Management Services; Financial Management Services; Information Management Services; Information Technology Services; Real Property Services; Materiel Services; Acquisition Services; and Travel and Other Administrative Services. Internal Services include only those activities and resources that apply across an organization and not to those provided specifically to a program.

2010–11 Financial Resources (thousands of dollars)

Planned Spending	Total Authorities	Actual Spending
358.7	358.7	343.5

2010–11 Human Resources (FTEs)

Planned	Actual	Difference
3	2	1

Performance Summary and Analysis of Program Activity

As a micro-organization, the Tribunal relies heavily on third parties for the provision of many of its Internal Services. During this fiscal year, a Memorandum of Understanding (MOU) with Transport Canada was established to formalize a service relationship with the Tribunal for the provision of human resources, financial management, accounting, contracting, information management technology and security services. The MOU describes the roles and responsibilities of each party with clarity and will enhance the efficiency of the delivery of these specific services.

Lessons Learned

Through the advice received from third parties, the Tribunal will continue to implement changes to improve the delivery of its Internal Services.

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