ARCHIVED - Canadian Artists and Producers Professional Relations Tribunal

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Section II: Analysis of Program Activities by Strategic Outcome

Strategic Outcome: The rights of artists and producers under Part II of the Status of the Artist Act are protected and respected

Financial Resources ($ millions)

2008-2009	2009-2010	2010-2011
1.9	1.9	1.9

Human Resources (full-time equivalents)

2008-2009	2009-2010	2010-2011
10	10	1.9

Program supporting this strategic outcome: Certification, Complaints and Determination Program

This program has two expected results associated with it: fair and timely resolution of cases under the Status of the Artist Act, and the availability to clients of timely information about the Act and their rights and responsibilities under it, and about Tribunal decisions and activities.

Performance Measurement Strategy

The Tribunal has several performance measures or indicators that assist it in monitoring whether these results are being achieved.

Objective 1: Fair and timely resolution of cases

The Tribunal's principal objective is to carry out its statutory mandate of hearing and resolving cases fairly and in a timely manner.

Fairness and timeliness are interrelated, since justice delayed is justice denied, but they are distinct and require different performance indicators and measurements.

For timeliness, we use two indicators: the time required to issue reasons for a decision after a hearing, and the total time required to process a case, from the date an application is received until the date of the decision. Targets for these indicators are shown in the table below. Performance information is collected yearly but is normally displayed and analyzed over multiple years, in order to identify trends.

The Tribunal uses the term "fairness" broadly, to encompass all its responsibilities as a quasi-judicial tribunal, such as impartiality, accessibility, integrity, and confidentiality.

We use as an indicator of fairness the percentage of Tribunal decisions upheld on judicial review. The Federal Court may review a Tribunal decision in the following circumstances:

• if the Tribunal acted without jurisdiction or beyond its jurisdiction or refused to exercise its jurisdiction;
• if it failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; or
• if it acted, or failed to act, by reason of fraud or perjured evidence.

The indicator is not perfect, because parties may be dissatisfied with Tribunal decisions but not seek judicial review, for any number of reasons, including lack of resources. Nonetheless, the Federal Court acts as the arbiter of fairness of federal quasi-judicial tribunals, so this is an important indicator. We have set as a target that more than 75 percent of our cases are upheld on judicial review. As with timeliness, we collect this information yearly but analyze it over longer periods.

Client satisfaction is not necessarily a good indicator of fairness — parties may be dissatisfied with Tribunal decisions that are fair but do not go their way — and measuring it in any systematic way through client surveys is impractical and would be a burden on the clients. Nonetheless, in our informal contacts with the client community of artists, artists' associations, and producers we pay close attention to how they view the Tribunal and the fairness of its processes.

Objective: Fair and timely resolution of cases

Indicator	Target
Average time to issue reasons for a decision after the hearing in all cases	Maximum of 60 calendar days
Average time to process all cases (from the date of receipt of the completed application to the date of the decision)	Maximum of 200 calendar days
Percentage of Tribunal decisions upheld under judicial review	More than 75 percent

An important outcome of fair Tribunal decisions is the development of a solid body of precedents. These can be used to help resolve future cases.

Objective 2: Availability to clients of information about the Act and the Tribunal

The Tribunal's second objective is to fully inform and assist the artists, artists' associations, and producers that make up its clientele.

One way that the Tribunal does this is through timely responses to inquiries. The Tribunal receives a wide variety of questions from clients, dealing with subjects like jurisdiction, specifics of the various cultural industries, and how to use the Act. Tribunal staff members respond to these questions quickly and thoroughly, always inviting further comment or question. Most inquiries are responded to within 2 working days.

With respect to more general information needs about the Act and the Tribunal's services and activities, the Tribunal has traditionally used information bulletins, regularly-updated information on its Web site, and information sessions for clients. Follow-up with clients has shown that these are well received and considered useful. The Tribunal now intends to emphasize more tailored and customized information. Its various clients have different, often quite specific, needs for information. More focused, personalized information and small group or individual meetings are likely to be a more effective way of addressing clients' needs.

The Tribunal will therefore emphasize these more direct approaches to clients, including participation in industry conferences that bring clients together. Tribunal staff will continue to meet informally in 2008-2009 with a cross-section of clients from the artists' and producers' communities, to identify and meet their information needs. It will issue information bulletins on an as-required basis, to report important developments at the Tribunal or with the Act. It will also continue revising its website to make it more helpful and accessible. This will include making the necessary revisions to the website to bring it into full compliance with the government's Common Look and Feel standards.

The indicators and targets for measuring the Tribunal's attainment of this objective are set out below.

Objective: Availability to clients of information

Indicator	Target
Quality and timeliness of information	Bulletins issued within 60 days of major developments (e.g., Tribunal decisions). Responses to inquiries within two working days. Responses thorough and correct. Clients are satisfied (as determined by client consultations).
Quality of the Tribunal's Web site	The Web site contains timely, accurate and helpful information, explains clearly how to do business with the Tribunal, and meets Government On-Line standards. Clients are satisfied (as determined by client consultations).
Direct contacts with clients	Meetings are held with at least four artists' associations and four producers or producers' associations. Clients are satisfied, as determined in consultation.

Objective 3: Improve management practices

The Tribunal is committed to continuous improvement of its management practices. The Tribunal will continue to work in partnership with three other small quasi-judicial agencies, the Copyright Board, the Registry of the Competition Tribunal, and the Transportation Appeal Tribunal, on implementing government-wide initiatives and continuing work on those initiatives already implemented. The focus of this cluster group for 2008-2009 will continue to be on the implementation of the Public Service Modernization Act, and on preparation for the Management Accountability Framework Assessment.

The Tribunal also works with other networks such as the Small Agency Transition Support Team for expertise related to human resources issues (such as the Policy on Learning, Training and Development), and is an active participant in the Micro and Small Agency Labour Management Consultation Committee to ensure adherence to the Public Service Labour Relations Act.

The Tribunal will continue to work with and update its Human Resources Plan. It uses this plan to forecast its staffing needs, deal strategically with staffing, retention and succession issues, and mobilize and sustain the energies and talents of its members and employees, enabling them to contribute to the achievement of organizational goals.

The Tribunal has internal policies to promote excellence in performance, accountability, and workplace well-being. To ensure that these policies remain current and relevant, the Tribunal will further refine its policy review and renewal cycle. Included in this will be continued study and development of evaluation strategies and performance measurement tools.

Objective: Improved management practices

Indicator	Target
Management Accountability Framework	Required elements of MAF are in place
Human Resources Plan	Plan updated twice per year
Internal Policies Suite	Policies updated as needed and in line with government's objectives and Treasury Board policies

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