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Section II – Analysis of Program Activities by Strategic Outcome

The following section describes the Tribunal's program activities and identifies the expected result, performance indicators and targets for each of them. This section also explains how the Tribunal's plans on meeting the expected results and presents the financial and non-financial resources that will be dedicated to each program activity.

This section will contain a discussion of the following Program Activities:

• Certification, Complaints and Determination Program
• Internal Services

Additional information on CAPPRT's performance measurement framework and methodology can be found on the Tribunal's website (www.capprt-tcrpap.gc.ca).

2.1.1 Program Activity: Certification, Complaints and Determination Program

Expected Results of Program Activity Fair and timely resolution of cases. Stakeholders have easy, timely access to information about the Status of the Artist Act and their rights and responsibilities under it, and about Tribunal decisions and activities

Performance Indicators	Targets
Average number of calendar days between hearing and issue of reasons	Average time between hearing and issue of reasons does not exceed 60 calendar days
Average time to process cases from application to issue of reason for decision	Average time to process all cases from application to issue of reason for decision does not exceed 200 days
Cases are upheld on judicial review	At least 75% of cases are upheld on judicial review
Requests for mediation assistance result in complaints resolved and in agreements reached or renewed	75% of requests for complaints mediation assistance result in complaints resolved 75% of requests for bargaining mediation assistance result in agreements reached or renewed
Prompt response to requests for Information	Information requests responded to within 2 working days
Timely information bulletins	Information bulletins published within 60 days of decisions and other major events
Stakeholder satisfaction.	Stakeholders are satisfied, based on ongoing informal surveying

Financial Resources ($ millions)				Human Resources (FTEs)
2009–10	2010–11	2011–12		2009–10	2010–11	2011–12
1.2	1.2	1.2		7.0	7.0	7.0

Program Activity Summary: This program activity includes the Tribunal's quasi-judicial determinations activity relating to certification applications, complaints (such as bad faith bargaining, failure in the duty of fair representation, etc.), and referrals by arbitrators under the Act. It also includes the research and outreach structure necessary to ensure that stakeholders and the public have easy, timely access to information about the Status of the Artist Act and their rights and responsibilities under it, and about Tribunal decisions and activities.

Planning Highlights: In order to achieve the expected result, the Tribunal plans to undertake the following activities:

• The Tribunal will continue to focus on carrying out its statutory mandate fairly and in a timely manner. The Tribunal will ensure that the time required to issue reasons for decisions after hearings, and the total time required to process cases, from the date an application is received until the date of the decision, meet or surpass the targets shown in the table above. (The Tribunal's commitment on this point assumes, of course, that it will have a sufficient number of members to assure quorum and be able to hold hearings.)
• The Tribunal will assess its fairness – encompassing impartiality, accessibility, integrity, and confidentiality – using as an indicator the percentage of its 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 imperfect, 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. The Tribunal has set as a target that more than 75 percent of its cases are upheld on judicial review.
• Stakeholder 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 stakeholder surveys is impractical and would be a burden on the stakeholders. Nonetheless, in our informal contacts with the stakeholder community of artists, artists' associations, and producers we pay close attention to how they view the Tribunal and the fairness of its processes.
• 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.
• The Tribunal will fully inform and assist the artists, artists' associations, and producers that make up its stakeholder community. One way that the Tribunal does this is through timely responses to inquiries. The Tribunal receives a wide variety of questions from stakeholders, 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. Inquiries will be 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 stakeholders. Follow-up with stakeholders has shown that these are well received and considered useful. The Tribunal has recently emphasized more tailored and customized information over group information sessions. Its various stakeholders have different, often quite specific, needs for information. More focused, personalized information and small group or individual meetings are an effective way of addressing stakeholders' needs.
• The Tribunal will continue to emphasize these more direct approaches to stakeholders, including participation in industry conferences that bring stakeholders together. Tribunal staff will continue to meet informally in 2009-2010 with a cross-section of stakeholders 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.
• The Tribunal will also continue revising its website to make it more helpful and accessible. A major restructuring of the website to bring it into compliance with the government's Common Look and Feel standards was undertaken in 2008-2009. In the coming fiscal year the Tribunal will make any further revisions necessary to address any gaps identified in the Treasury Board Secretariat's assessment process.

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

Obejective : Availability to stakeholders 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. Stakeholders are satisfied (as determined by stakeholder 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. Stakeholders are satisfied (as determined by stakeholder consultations).
Direct contacts with stakeholders	Meetings are held with at least four artists' associations and four producers or producers' associations. Stakeholders are satisfied, as determined in consultation.

Benefits for Canadians: This program activity contributes to harmonious professional relations in the cultural sector, which in turn contributes to better conditions of engagement for artists and a more stable, predictable workforce for producers. This is a critical contribution to a vibrant Canadian culture, the economic benefits of which have been amply demonstrated by recent research.

2.1.2 Program Activity: Internal Services

Financial Resources ($ millions)				Human Resources (Full-time Equivalents)
2009–10	2010–11	2011–12		2009–10	2010–11	2011–12
0.8	0.8	0.8		3.0	3.0	3.0

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