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SECTION II—ANALYSIS OF PROGRAM ACTIVITIES BY STRATEGIC OUTCOME

Strategic Outcome

Fair, timely and transparent disposition of international trade cases, procurement cases and government-mandated inquiries within the Tribunal's jurisdiction.

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 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 plans surrounding the following program activities:

  • • Adjudication of Trade Cases (quasi-judicial role)
  • • General Economic Inquiries and References (advisory role)
  • • Internal Services

Activity No. 1—Adjudication of Trade Cases (quasi-judicial role)
Human Resources (FTEs) and Planned Spending ($ thousands)
2010-2011 2011-2012 2012-2013
FTEs Planned Spending FTEs Planned Spending FTEs Planned Spending
67 7,523 64 7,208 52 6,238
Program Activity
Expected Results
Performance Indicators Targets
Tribunal decisions are fair, impartial and based on quality information. Tribunal decisions are overturned by the following national and international appeal bodies:

• Federal Court of Appeal
• Binational panels under NAFTA
• Dispute settlement body, WTO Understanding on Rules and Procedures Governing the Settlement of Disputes
• Federal Court

Less than 2 percent of all Tribunal decisions rendered will be overturned.
Soundness of the Tribunal's decisions under judicial review that are overturned by the Federal Court of Appeal and/or international appeal bodies based on “due process” not being followed. Less than 1 percent of all decisions on due process will be overturned.
Tribunal notices, decisions and guidelines for all areas of its mandate and practice notices are accessible to the public. All notices, practice notices, decisions and guidelines for all areas of the Tribunal's mandate are accessible to the public.
Decisions are issued within statutory deadlines. The Tribunal's decisions regarding dumping and/or subsidizing, safeguard inquiries and procurement complaints are subject to statutory deadlines. All decisions are issued within the legislated deadline.
Appeal decisions are issued within internal deadlines. There is no statutory deadline imposed for appeals of decisions of the CBSA and Minister of National Revenue. However, the Tribunal has adopted an informal, voluntary standard of issuing such decisions within 120 days of the hearing of an appeal. 70 percent of internal deadlines are met.
Program Activity Summary and Planning Highlights

In its quasi-judicial role, the Tribunal inquires into trade-related complaints (i.e. dumping, subsidizing and safeguards) and complaints regarding federal government procurement. The Tribunal hears appeals from decisions of the Minister of National Revenue and the CBSA under the Excise Tax Act and the Customs Act respectively.

Planning Highlights: In order to achieve the expected result for its quasi-judicial role, the Tribunal plans to undertake the following activities:

  • • Review of the Tribunal's Rules of Procedure: The Tribunal will undertake an extensive review of its Rules of Procedure in order to streamline proceedings, reduce the paper burden imposed on parties, and increase efficiency and transparency while preserving fairness and protection of confidential information. It is expected that this initiative, which will benefit from the input of the Tribunal's stakeholders, will contribute to the Tribunal's main objective of processing cases within legislative and internal deadlines, maintaining quality standards and making sound decisions.
  • • Improving and Facilitating Access to the Tribunal's Records: One of the initiatives that the Tribunal will undertake is looking at ways of improving and facilitating access to the Tribunal's records without compromising the protection of confidential information. For example, the Tribunal is developing an E-ToolKit application that will allow counsel to have access to and to search the Tribunal's record via a secure Web-based application. In an effort to reduce the paper burden, the Tribunal is also exploring the possibility of distributing Tribunal records using alternative means, such as secure USB keys. These changes will be implemented progressively, in consultation with stakeholders.


Activity No. 2—General Economic Inquiries and References (advisory role)
Human Resources (FTEs) and Planned Spending ($ thousands)
2010-2011 2011-2012 2012-2013
FTEs Planned Spending FTEs Planned Spending FTEs Planned Spending
1 119 1 114 1 99
Program Activity
Expected Results
Performance Indicators Targets
Tribunal recommendations on economic, trade, tariff matters and the standing textile reference are fair, impartial and based on quality information. Recommendations meet the terms of reference and provide requested information. An indicator of the soundness of the Tribunal's decisions is the number of requests for additional information from the Minister of Finance. All recommendations meet the terms of reference.
Reports, decisions and recommendations are published within government-mandated deadlines. The Tribunal's recommendations regarding the tariff reference and economic inquiries are subject to statutory deadlines. All recommendations are published within statutory deadlines.
Program Activity Summary and Planning Highlights

In its advisory role, the Tribunal undertakes general economic inquiries and tariff references for the Minister of Finance or the Governor in Council.



Activity No. 3—Internal Services Program Activity
Human Resources (FTEs) and Planned Spending ($ thousands)
2010-2011 2011-2012 2012-2013
FTEs Planned Spending FTEs Planned Spending FTEs Planned Spending
28 4,299 26 4,119 24 3,564
Program Activity Summary and Planning Highlights

Internal Services are groups of related activities and resources that are administered to support the needs of the program and other corporate obligations of an organization. These groups are: Governance and Management Support; Resources Management Services and Asset Management Services. Internal Services include only those activities and resources that apply across an organization and not to those provided specifically to a program.

The Tribunal's planning highlights for Internal Services include the following.

  • • Recruitment and Staffing: In response to a high volume of trade, procurement and appeal cases, the Tribunal will have a larger workforce in 2010-2011 and 2011-2012 than it currently has.
  • • Professional Development: In 2010-2011, the Tribunal will focus both on the training of new employees and the development of existing employees. As well, a leadership training curriculum will be developed for current and potential managers at the Tribunal so as to retain the Tribunal's top management talent. There will also be another instalment of the Value and Ethics Workshop for the Tribunal staff, which will help to ensure that new and existing staff embrace the Tribunal's culture and core values.
  • • Accountability and Transparency: In 2010-2011, the Tribunal will continue to address opportunities for improvement resulting from its MAF assessment and from the small departments' and agencies' horizontal audits.
  • • Improve Efficiency and Reliability of Tribunal's Infrastructure: The Tribunal will continue to improve the efficiency and reliability of its IT infrastructure in 2010-2011 by adhering to the environmental virtualization of its servers to increase performance, stability, maintenance and the business continuity plan readiness of its network. Also, to improve instant messaging services to employees, the Tribunal will study the feasibility of implementing a collaborative software environment.

Benefits to Canadians

Through its program activities, the Tribunal provides the following benefits to Canadians:

  • • Access to fair and efficient processes for investigating complaints of injury caused by unfairly traded imports, complaints on designated federal government procurements and appeals on customs and excise matters
  • • Reliable economic and trade analysis and advice for the Government
  • • Through the above, a favourable environment for a fair and secure trading system for individual Canadians and the Canadian business sector