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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)
2011-2012 2012-2013 2013-2014
FTEs Planned Spending FTEs Planned Spending FTEs Planned Spending
57 7,228 48 6,251 48 6,251
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
Not more than 2 percent of all decisions rendered over the most recent five-year period are overturned by the Federal Court of Appeal and/or international appeal bodies.
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 under the Excise Tax Act and of the CBSA under the Customs Act and SIMA.
Planning Highlights: In order to achieve the expected result for its quasi-judicial role, the Tribunal plans to undertake the following activities:
  • Modernization of the Tribunal's Rules of Procedure: The Tribunal will continue to review 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. The Tribunal has now completed the first part of the rules (rules of general application), and the review of its rules pertaining to appeal cases will soon be completed. In 2011-2012, the Tribunal will complete its review of the rules pertaining to procurement and SIMA cases, and a complete, consolidated text containing all proposed amendments will be finalized and presented to stakeholders. This initiative, which already benefits from the input and participation 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.
  • Writing of Procedures Manuals: In 2011-2012, the Tribunal will continue to document its internal procedures manual for appeals from customs and excise tax decisions. It will also prepare an internal procedures manual for procurement cases.


Activity No. 2—General Economic Inquiries and References (advisory role)
Human Resources (FTEs) and Planned Spending ($ thousands)
2011-2012 2012-2013 2013-2014
FTEs Planned Spending FTEs Planned Spending FTEs Planned Spending
1 115 1 99 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)
2011-2012 2012-2013 2013-2014
FTEs Planned Spending FTEs Planned Spending FTEs Planned Spending
33 4,130 28 3,572 28 3,572
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. 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.
  • Transfer of Corporate Memory: Faced with future key staff departures, the Tribunal's challenge is to ensure the effective transfer of corporate memory to ensure normal continuity of operations. To meet its challenges, the Tribunal has approved an HR plan that incorporates attracting and developing top talent while ensuring the transfer of corporate memory. In key positions, transition plans are put in place to allow time for an orderly transfer of responsibilities and knowledge. The Tribunal plans to develop a new learning management framework to provide its staff with a comprehensive tool for learning. This initiative complements the plan to develop an orientation program to accelerate the integration of new staff into the organization and their acquisition of knowledge. In support of the learning framework, the Tribunal is investing more in the documentation of processes and procedures, in staff seminars and in the improvement of its IM systems. An IM action plan to manage corporate files is currently being developed and will be implemented in 2011-2012.
  • Modernizing the IT Function: The Tribunal will start modernizing its IT function in 2011-2012 by improving its planning, updating its infrastructure and documenting its recovery processes. Also, the Tribunal will continue to integrate its IM function with the IT function to improve IM services to employees and to enhance the protection of corporate memory.

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