ARCHIVED - RPP 2007-2008
Transportation Appeal Tribunal of Canada

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Section I: Overview

1.1 Chairperson's Message

I am pleased to present the 2007-2008 Report on Plans and Priorities of the Transportation Appeal Tribunal of Canada, formerly the Civil Aviation Tribunal. The Transportation Appeal Tribunal of Canada is a quasi-judicial body established in June 2003 (S.C. 2001, c. 29) to provide an independent process of review of administrative and enforcement actions - including the suspension and cancellation of licences, certificates and other documents of entitlement, the issuance of railway orders, and the imposition of administrative monetary penalties - taken under various federal transportation Acts.

The Tribunal conducts its hearings at various locations in Canada in an open and impartial manner consistent with procedural fairness and the rules of natural justice. It adjudicates matters that will have a serious impact on the livelihood and operations of the aviation, rail and marine communities in 2007-2008. Given its itinerant structure and process for conducting hearings, the Tribunal is readily accessible to those communities.

The requisite knowledge and experience of Tribunal members enhances their independence by enabling them to understand and assess the validity of the various administrative transportation actions. It also increases the confidence placed in the decisions as an expert quasi-judicial review body.

Over the years the practices and procedures of the Tribunal were flexible and straightforward and the Tribunal became one of government's best practices. Transport Canada and organizations representing document holders who appear before the Tribunal have acquired levels of experience, which contribute to efficiencies in the hearing process. As well, the Tribunal took great pains to keep its process simple, informal and accessible for all applicants thereby providing effective recourse rights regarding ministerial decisions. We are, however, mindful that increasingly complex cases with higher penalties can result in countless motions and multiple day hearings.

Thus, the direction for this Tribunal for the years ahead will be its challenge to contain its growing mandate to current standards to ensure that the Tribunal continues to be regarded as one of government's best practices. We are confident that the provision of mediation and informal conferences will produce timeliness for the parties and cost benefits for the more complex cases. Having recognized the commitment of members and staff to its mandate, I am confident that the Tribunal will continue to successfully meet its challenges.

Faye Smith

Chairperson

1.2 Management Representation Statement

I submit for tabling in Parliament the 2007-2008 Report on Plans and Priorities for the Transportation Appeal Tribunal of Canada.

This document has been prepared based on the reporting principles contained in the Guide for the Preparation of Part III of the 2007-2008 Estimates: Reports on Plans and Priorities and Departmental Performance Reports:

• It adheres to the specific reporting requirements outlined in the Treasury Board of Secretariat guidance;
• It is based on the department'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 it; and
• It reports finances based on approved planned spending numbers from the Treasury Board Secretariat.

Faye Smith

Chairperson

1.3 Summary Information

Raison d'être

The mission of the Transportation Appeal Tribunal of Canada is to review the Minister of Transport's enforcement and licensing decisions through a two-level hearing process. The Tribunal has a commitment to openness and cooperation and is mandated to conduct informal, expeditious and fair hearings.

Financial Resources ($ thousands)

2007–2008	2008–2009	2009–2010
1,433.0	1,433.0	1,433.0

Human Resources (Full-Time Equivalents)

2007–2008	2008–2009	2009–2010
12	12	12

Agency Priorities

Description	Type
Priority 1: Hold hearings expeditiously and informally	Ongoing
Priority 2: Continue to implement management excellence	Ongoing
Priority 3: Sustain expert membership and competent workforce: maintain an organization of trained and knowledgeable people	New

Program Activity by Strategic Outcome

		Planned Spending ($ thousands)
	Expected Results	2007-2008	2008-2009	2009-2010	Contributes to the Following Priority
Strategic Outcome: To provide Canadian transportation community with the opportunity to have administrative or enforcement actions under federal transportation Acts reviewed by an independent body.
Program Activity : review and appeal hearings	Access to an independent assessment governed by considerations of natural justice	1,413.0	1,413.0	1,413.0	Priority 1: Hold hearings expeditiously and informally
	More pertinent information to better manage a growing mandate	10.0	10.0	10.0	Priority 2: Continue to implement management excellence
	Provide a continuous learning environment	10.0	10.0	10.0	Priority 3: Sustain expert membership and competent workforce: maintain an organization of trained and knowledgeable people

1.4 Agency Plans and Priorities

The Transportation Appeal Tribunal of Canada replaced the Civil Aviation Tribunal, which was established under Part IV of the Aeronautics Act in 1986. On the recommendation of the Minister of Transport, pursuant to section 73 of the Transportation Appeal Tribunal of Canada Act, assented to on December 18, 2001, being chapter 29 of the Statutes of Canada, 2001, the Act officially came into force on June 30, 2003. The Transportation Appeal Tribunal of Canada, a multi-modal tribunal, is available to the air and rail sectors, and in 2007, the marine sector. The Transportation Appeal Tribunal of Canada Act amends the Aeronautics Act, the Canada Shipping 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 Tribunal's jurisdiction extending to the rail sector is expressly provided for under the Aeronautics Act and the Railway Safety Act (section 2 of the Transportation Appeal Tribunal of Canada Act). The mandate of the Tribunal expands to act as a multi-modal review body for administrative and enforcement actions taken under various federal transportation Acts. Increased jurisdiction for the Tribunal will enlarge its caseload considerably over the next few years, but the business line will not be amended. The office of the Tribunal is located in the National Capital Region.

The Tribunal's yearly seminars ensure a trained membership through updates and discussions of legislative changes. The interaction of members and role play scenarios assist the membership in achieving quality and consistency in making and in writing its decisions. A panel discussion takes place with representatives from the transportation communities to provide feedback to the Tribunal as to delivery of services to its clients.

The Tribunal will continue to provide determinations with written reasons quickly, allowing Transport Canada and document holders to better understand the outcome of the matter and, where applicable, to make a more enlightened decision as to the exercise of their right to appeal. In 2005-2006 the average lapsed time between the conclusion of a review hearing and the issuance of a determination was 77 days for a review and 92 days for an appeal. The greater number of hearings and the increasing case complexity provide justification for the additional time needed by members.

Access to an Independent Assessment Governed by Considerations of Natural Justice

To this end, the Tribunal plans to:

• ensure that its members and staff maintain a high level of expertise;
• apply a decision-making process that is governed by the rules of fairness and the regulations and legal principles applicable to the case;
• process each request as quickly as possible;
• make all of its decisions publicly available; and
• act as mediator and facilitator for earlier resolution of disputes.

The results will be:

• that the Tribunal, a competent and independent body, can deal fairly, efficiently and in a timely and transparent manner with requests; and
• that services are available to resolve transportation-related disputes in an informal manner that is simple, rapid, less litigious and less costly.

Performance will be monitored by:

• ensuring that services are available to informally resolve transportation-related disputes in a manner that is simple, rapid, less litigious and less costly;
• hearings that are held expeditiously and informally;
• the timely disposition of review and appeal hearings within service standards;
• hearings being conducted in accordance with the rules of fairness and natural justice;
• using pre-hearing conferences to streamline and expedite the hearing process;
• quality and consistency of decision-making; and
• a level of satisfaction by the transportation community.

Improve Management Practices

Building on the momentum and successes achieved under the Modern Comptrollership Initiative and continuing with the implementation of the Management Accountability Framework, the Tribunal is committed to continuous improvement of its management practices.

To this end, the Tribunal plans to:

• implement its performance measurement framework during fiscal year 2007-2008 and to make adjustments in future as required;
• develop the necessary tools to gather performance information, given the limited resources available; and
• integrate the improved performance measures into its operational planning process.

The results will be:

• for Canadian taxpayers and parliamentarians, more pertinent information to understand how the Tribunal's program benefits Canadians; and
• for the Tribunal managers and employees, aquiring the knowledge they require to better manage the program.

Performance will be monitored by:

• the results of assessments of the Tribunal's future Departmental Performance Reports and Reports on Plans and Priorities; and
• the demonstrated ongoing use by Tribunal managers and employees of the performance information to make business decisions.

Provide a Continuous Learning Environment

To this end, the Tribunal plans to:

• provide a continued emphasis on learning and knowledge sharing; and
• maintain an organization of trained and knowledgeable people.

The results will be:

• that a learning policy will be developed to provide a continuous learning environment for staff;
• that each employee will be provided with a personal learning plan;
• that staff will be provided with opportunities for development; and
• that a positive and productive work environment will be created.

Performance will be monitored by:

• staff retention rates;
• satisfaction levels of staff; and
• ability to retain corporate memory and continuity of operations.

Government On-Line

The Tribunal will seek to improve the delivery of its key services to the public for greater efficiencies and increased client satisfaction and to improve access and service performance by making major modifications to its Web site and by providing Internet links.

Social Union Framework Agreement

The Transportation Appeal Tribunal of Canada represents the only forum for ensuring that the document holders have access to an independent assessment governed by considerations of natural justice. There are approximately 83,847 licensed aviation personnel, 36,366 rail personnel in Canada and approximately 28,737 registered aircraft and 2,866 locomotives in service. Because of this volume, the number of infractions will rise. The level of enforcement action is entirely controlled by Transport Canada, which in turn determines the workload of the Tribunal. The Tribunal is also affected by the department's rewrite of its aviation, rail and marine regulations including the designation of a large number of offences under the designated provisions set out in the Canadian Aviation Regulations, the Marine Transportation Security Act and the Railway Safety Act.

Over the past months, the Tribunal's jurisdiction was increased to include the International Bridges and Tunnels Act. It is anticipated that regulations relating to the marine sector will be in effect in the upcoming fiscal year. As well, additional legislation respecting airports will be implemented over the next few years that will have the effect of increasing the number of offences under the designated provisions, which in turn will affect the workload of the Tribunal.

On the assumption of an increased caseload of as much as 50 percent with the Tribunal's expansion to include the marine sector, the Tribunal will need additional funding to sustain its multi-modal mandate. The most significant upcoming challenge for the Tribunal will be its expansion as a multi-modal transportation tribunal. The reorganization of the Tribunal will increase the overall workload and require expansion of capacity in new areas of expertise: more members will have to be appointed and trained. Existing employees will likely require additional training and more staff will have to be hired to ensure that current efficiencies will be maintained.

 

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