ARCHIVED - NAFTA Secretariat — Canadian Section

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SECTION 2 - ANALYSIS OF PERFORMANCE BY STRATEGIC OUTCOME

2.1 Strategic Outcome

A highly efficient, impartial and rules-based international trade dispute resolution process that benefits Canadian exporters to NAFTA countries, as well as NAFTA country exporters doing business in Canada

In its 2008-2009 RPP, the NAFTA Secretariat, Canadian Section identified one strategic outcome through one program activity. Our strategic outcome is directly aligned with one of the Government of Canada's outcomes, which is A Strong and Mutually Beneficial North American Partnership. Our key program activity is briefly described below.

2.1.1 Program Activity by Strategic Outcome

2.1.1.1 Administration of International Trade Dispute Settlement Mechanisms

Our key Program Activity clearly reflects our only strategic outcome. In carrying out the Administration of International Trade Dispute Settlement Mechanisms, the Canadian Section collaborates with its counterparts in the United States and Mexico and develops policies and programs and administers a court-like registry to carry out its mandated responsibilities.

Further, in its 2008-2009 Report on Plans and Priorities (RPP), the NAFTA Secretariat, Canadian Section identified a secondary program activity defined as internal services, in line with TBS directives. This program activity is used by all departments and agencies to describe corporate services designed to deliver cost-effective support services that facilitate the achievement of departmental objectives. All financial and non-financial performance information relating to this program activity is captured under our key program activity.

The following table provides a summary of planned and actual spending on financial and human resources as well as performance related information.

Program Activity: Administration of International Trade Dispute Settlement Mechanisms
2008-09 Financial Resources ($, 000)			2008-09 Human Resources (FTEs)
Planned Spending	Total Authorities	Actual Spending	Planned	Actual	Difference
3,004	3,089	1,578	13	11	-2

 

Expected Results	Performance Indicators	Targets	Performance Status	Performance Summary
Effective support to panels and committees	Consistent and immediate availability of accurate, complete and relevant information to support panel proceedings	At least 80% or more of the clients indicating that they are fully satisfied with the information support provided to them	Met all	In collaboration with the U.S. and Mexican Section, successfully administered a total of six panel proceedings, with two decisions issued. Four of these proceedings were terminated and the remaining two were still under review as at March 31, 2009
Efficient administrative processes Increased national and international collaboration	Quality of procedural advice and guidance provided to panelists and participants on dispute settlement procedures	Tested and continuously improved tools and systems	Met all	Ensured fair and equitable procedural and administrative services based on the legal principles and the rules and regulations applicable to the proceedings Administered and operated a court-like registry for the filing and processing of panel review document
	Extent of cooperation and joint undertakings with other national sections in the administration of panel proceedings	Maintenance of common trilateral website Maintenance of common Registry Information System Harmonized procedural guidelines	Met all	Successfully re-launched the NAFTA Secretariat and the Canadian Section websites and the Registry Information System (dispute settlement cases data base) Continued to use its website to disseminate information on dispute settlement matters Collaborated with our counterparts to provide unbiased administrative, logistical and financial support to all panels
	Effective participation in the NAFTA Chapter 19 Operation Working Group Meetings to influence outcomes	Active participation	Met all	Effectively participated in the NAFTA Chapter 19 Working Group activities and engaged Parties to ensure formal meetings and follow-up conference calls were held with the view of improving the operation of Chapter 19 of the NAFTA. In this regard, Chapter 19 Rules of procedures were revised and published
Improved management practices	Corporate culture that ensures transparency in management processes Results of external and internal audit reports	Effectiveness of Financial Management Controls Results of external and internal audits confirm compliance with policies	Partially met	Effective financial controls are in place. However, a recent audit of high-risk payments did reveal that documentation along with procedures and checklist to identify high risk transactions were not in place. Further two employees did no have adequate training. Steps have been taken to correct this situation.
	Existence of Strategic Plan and Integrated Business and Human Resource Plan	1 Strategic Plan 1 Integrated Business and Human Resources Plan	Met all	Completed the five-year Strategic Plan and an Integrated Business and Human Resources Plan
	MAF assessments	MAF assessment results are "acceptable" or higher	Met all	MAF assessment results are "acceptable" or higher
	Existence of Information Management policies, directives and new function based classification system to manage our information assets	Implementation of Policy on Information Management	Partially met	This year, we initiated a project to implement the Policy on Information Management.As a result of this exercise, an assessment report was completed, new polices, directives and a function based classification system were developed as part of the Canadian Section information management framework. During the next fiscal year, we will continue to implement the classification system.
Knowledgeable and adaptive workforce	Percentage of employees who have access to relevant Learning Advisory Services and cost effective training	Employees meet or exceeded the knowledge requirements of their positions, with the exception of the observation noted above.	Partially met	Employees were provided with the appropriate initial, continuing and specialized training deemed necessary to acquire and maintain the level of expertise required to do their job and achieve their career goals.

2.1.2 Benefits for Canadians

Canada's economic growth and prosperity rely on access to foreign markets, particularly in the NAFTA countries. The program activity of the NAFTA Secretariat serves the public interest by providing effective administration of the dispute settlement processes when our market access is jeopardized. Canadian exporters, importers, producers and investors in goods and service industries directly benefit from a fairer and more predictable operating environment.

2.1.3 Performance Analysis

The NAFTA Secretariat's actual performance management framework consists of six key documents. These are:

• The Report on Plans and Priorities - sets the strategic direction and outlines to parliamentarians and Canadians the results the organization plans to achieve with the resources entrusted to it;
• The Strategic Plan - defines the Secretariat's mandate and strategic outcome, assesses the internal and external situation, documents the corporate risk profile and provides strategic priorities for the next 3-5 years;
• The Integrated Business and Human Resources Plan - integrates business, people and technology management as the foundation for the effective planning of ongoing operations. It identifies the human resource and information technology implications by priority project for the fiscal year;
• Management Accountability Framework assessment, which provided us with excellent feedback to help us strengthen our management capabilities;
• Internal Audit Report; and,
• The Departmental Performance Report completes the accountability loop by reporting to Parliament on the results achieved.

The NAFTA Secretariat fully or partially met all of the five expected results highlighted under Section 2.1.1 above. Each of the expected results will be briefly discussed below.

Effective support to panels and committees: The Canadian Section administered a total of six panel proceedings, with two decisions issued. Four of these proceedings were terminated and the remaining two were still under review at March 31, 2009. All the proceedings involving Canada were filed in the U.S. Section of the NAFTA Secretariat. The Canadian Section collaborated with its counterpart to provide administrative, logistical and financial support to these proceedings. Status reports for these cases are available on the NAFTA Secretariat website at http://www.nafta-sec-alena.org.

Efficient administrative processes: The Canadian Section ensured impartial procedural guidance and provided equitable administrative support to panelists and participants in the dispute settlement proceedings.

Increased national and international collaboration: The Canadian Section, in collaboration with the U.S. and Mexican Sections, successfully launched the new NAFTA Secretariat and Canadian Section websites and as well the new Registry Information System (case management system), which were completed towards the end of last fiscal year. The website provides a variety of users with easy access to online information. The web-based Registry Information System enables the three national sections to capture panel review related information and numerous other required tools in an environment where sharing information is an essential part of doing business. The established service standard respecting the postings of panel decisions and other notices on the website for the Registry services is that they should be posted on the same day the decisions are issued. This target was achieved 100% of the time.

The Canadian Section also participated in NAFTA Chapter 19 Working Group meetings and conference calls with a view of facilitating the operations of Chapter 19 panels.

Improved management practices: During the year under review, a Strategic Plan and Integrated Business and Human Resources Plan were developed. Steps also were taken to ensure compliance with the TBS Policy on Information Management. In this regard, a new classification system along with updated policies and directives, have been developed and are currently being implemented. Significant work remains to be done in order to fully implement the policy. As the project commenced the Canadian Section encountered challenges with respect to lack of in-house expertise. As a result the project completion and implementation periods were delayed.

Knowledgeable and adaptive workforce: The Canadian Section is facing a number of internal and external factors relating to sustaining the current level of human resources while delivering its mandated responsibilities in an effective and efficient manner. In this regard, we have initiated a capacity assessment aimed at ensuring that resources within the organization are utilized in the best possible way to achieve optimum results. Recommendations resulting from this assessment will be implemented during the next fiscal year.

2.1.4 Lessons Learned

The 2007-08 MAF assessment report highlighted that the Canadian Section “has continually demonstrated its willingness to work with the TBS to better articulate and implement management objectives”. In this regard, the Canadian Section will continue such endeavours with central agencies and its counterparts to better serve all stakeholders.

In the areas of information technology/information management, the Canadian Section will continue to improve its information technology architecture so that it will be ready if and when an e-filing pilot project is launched.

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