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2008-09
Departmental Performance Report
Transportation Appeal Tribunal of Canada
The original version was signed by
The Honourable John Baird, P.C., M.P.
Minister of Transport, Infrastructure and Communities
Table of Contents
- Chairperson's Message
- Section I: Agency Overview
- Section II: Analysis of Program Activities by Strategic Outcome
- Section III: Supplementary Information
Chairperson's Message
It is once again my privilege to report the activities of the Transportation Appeal Tribunal of Canada.
The reporting period of 2008-2009 represents almost 23 years of service by the Transportation Appeal Tribunal of Canada which together with its predecessor the Civil Aviation Tribunal has delivered quality service to Canadians.
I am pleased to confirm that the Tribunal has made progress and innovations over the past year while keeping up with its expanding mandate to include cases under the Marine Transportation Security Act and the Canada Shipping Act, 2001. The passage of the Marine Transportation Security Regulations in November 2006 with its in force date of November 2007 brings to fruition the expanded multimodal mandate of the Tribunal. Additionally, the International Bridges and Tunnels Act has received Royal Assent. This Act confirms the federal government's exclusive jurisdiction over international bridges and tunnels. It establishes a system of administrative monetary penalties for designated infractions of the legislation which may be reviewed through the Transportation Appeal Tribunal of Canada's two-level hearing process (review and appeal).
The Transportation Appeal Tribunal of Canada is a quasi-judicial body which adjudicates matters that have a serious impact on the livelihood and operations of the aviation, rail and marine sectors. It fulfills the essential role of providing an independent review of ministerial enforcement and licensing actions taken under various federal transportation Acts.
The Tribunal continues to conduct itself in an open, impartial manner consistent with procedural fairness and the rules of natural justice. The Tribunal encourages the use of pre-hearing conferences to assist the parties appearing before it, to identify the issues for determination by the Tribunal and to disclose and exchange documents. This reduces the length of hearings and avoids last-minute adjournments necessitated by late disclosure. This becomes an important factor given the current complexity of hearings with parties' representatives requesting hearings from five to twenty days in length.
The program's effectiveness can be measured by its ability to provide the transportation community with the opportunity to have ministerial decisions reviewed fairly, equitably and within a reasonable period of time. The average lapsed time between the conclusion of a review hearing and the issuance of a determination for this reporting period is 70 days and 85 days for an appeal. This brings the hearing process to a timely conclusion for both parties appearing before it.
Faye Smith
Chairperson
Section I: Agency Overview
Raison d'Κtre and Responsibilities
The mandate and the jurisdiction of the Transportation Appeal Tribunal of Canada are provided for by the Transportation Appeal Tribunal of Canada Act. The Tribunal's principal mandate as a multimodal review body is to hold review and appeal hearings at the request of interested parties with respect to certain administrative actions taken under various federal transportation Acts.
The objective of the program is to provide the transportation community with the opportunity to have enforcement and licensing decisions of the Minister of Transport reviewed by an independent body. The Minister's enforcement and licensing decisions may include the imposition of monetary penalties or the suspension, cancellation, refusal to renew or refusal to issue or amend documents of entitlement on medical or other grounds. The person or corporation affected is referred to as the document holder.
These decisions are reviewed through a two-level hearing process: review and appeal. All hearings are to be held expeditiously and informally, in accordance with the rules of fairness and natural justice.
At the conclusion of a hearing, the Tribunal may confirm the Minister's decision, substitute its own decision, or refer the matter back to the Minister for reconsideration.
Strategic Outcome and Program Activity Architecture (PAA)
Crosswalk to Program Activity Architecture
Strategic Outcome
To provide the Canadian transportation community with the opportunity to have administrative or enforcement actions under federal transportation Acts reviewed by an independent body.
Program Activity
The Tribunal's only activity is the provision of an independent review process for aviation, rail and marine by providing document holders with the opportunity to proceed with a hearing. The Tribunal represents the only forum ensuring that document holders have access to an independent assessment governed by considerations of natural justice. Its role does not overlap with, nor is it duplicated by, any other agency, board or commission. It is unique in the transportation field in that its function is entirely adjudicative.
The program's objective is to provide for the operation of an independent Tribunal to respond to requests from the transportation community for review of enforcement and licensing decisions taken by the Minister of Transport under the Aeronautics Act, the Canada Shipping Act, 2001, the Marine Transportation Security Act, the Railway Safety Act, the Canada Transportation Act, the International Bridges and Tunnels Act and the Canada Marine Act, and to conduct hearings into such requests.
The program's effectiveness can be measured by its ability to provide the transportation community with the opportunity to have ministerial decisions reviewed fairly, equitably and within a reasonable period of time. Tribunal hearings are readily accessible to the lay person without the attendant legal complexities and case backlogs which were visited upon the court system that prevailed prior to the creation of this Tribunal and its predecessor, the Civil Aviation Tribunal.
Organizational Information
The Chairperson is the Chief Executive Officer of the Tribunal and has supervision over and direction of the work and staff of the Tribunal including:
- Apportionment of work among its members;
- Assignment of members to hear matters brought before the Tribunal;
- Conduct of the work of the Tribunal; and
- Management of its internal affairs.
The Tribunal reports to Parliament through the Minister of Transport.
The Chairperson, Vice-Chairperson and immediate staff account for 12 full-time equivalents. Twenty-seven part-time members were in office during the 2008-2009 period. Members are drawn from across Canada and are appointed by Order in Council on the basis of their knowledge and expertise.
- The lower half of the organization chart displays the distribution of part-time members and their area of expertise by region. All members report to the Chairperson.
- Twelve full-time equivalents (FTEs) are utilized by the continuing full-time employees, including the Chairperson and Vice-Chairperson. Five full-time equivalents are used by the twenty-seven part-time members. During fiscal year 2008-2009, eight new part-time members were appointed.
Performance Summary
20082009 Financial Resources (thousands of dollars)
| Planned Spending | Total Authorities | Actual Spending |
|---|---|---|
| 1,659.7 | 1,834.0 | 1,748.6 |
20082009 Human Resources (FTEs)
| Planned | Actual | Difference |
| 12 | 10 | 2 |
Performance Summary Table
| Performance Indicators | Targets | 20082009 Performance |
|---|---|---|
| % of disposition of review and appeal hearings within 90 days of request for hearing | 100% decisions rendered within 90 days | The average lapsed time between the conclusion of a review hearing and the issuance of a determination is 70 days and 85 days for an appeal. This brings the hearing process to a timely conclusion for both parties appearing before the Tribunal. We have therefore exceeded our target which is set at 90 days. |
| % of hearing members provided with training or refresher courses | 100% of hearing members provided with training within 120 days of appointment | The 5th annual seminar was held in May 2008. Membership was trained through updates and discussions of legislative changes. The interaction of members and role play scenarios assist the membership in achieving quality and consistency in making and writing decisions. A three-day training session was also held for recent appointees in October 2008. |
| % of registry staff provided with training | 100% of staff provided with training at fiscal year end | As part of their learning plans, registry staff participated in the annual seminar and in the three-day training session. |
| % of decisions published on Web site | 100% of decisions are published on our Web site within 120 days of hearing | All decisions are published within 120 days of hearing, as set out in our targets.* *Except for medical cases and in-camera hearings where information is confidential. |
(Thousands of dollars)
| Program Activity | 2007-2008 Actual Spending | 2008-2009 | Alignment to Government of Canada Outcomes | |||
|---|---|---|---|---|---|---|
| Main Estimates | Planned Spending | Total Authorities | Actual Spending | |||
Review and Appeal Hearings |
1,523.0 | 1,334.0 | 1,659.7 | 1,834.0 | 1,748.6 |
The Transportation Appeal Tribunal of Canada reports to Parliament through the Minister of Transport. Its clients currently are the aviation, rail and marine communities and Transport Canada. The Tribunal serves the transportation public by contributing to a safe and efficient oversight process for transportation safety and security in Canada. |
| Total | 1,523.0 | 1,334.0 | 1,659.7 | 1,834.0 | 1,748.6 | |
The Tribunal total authorities were increased by $500,046:
- $387,054 transferred from Transport Canada Vote 1 in support of the Web site update project to disclose 3500 decisions on the Tribunal Web site and to cover off salary shortfalls;
- $52,948 received from TBS through supplementary estimate (C) to cover PSAC PA new agreement
- $60,044 carried over from last fiscal year.
Total authorities were not fully utilized caused by delay in staffing.
Contribution of Priorities to Strategic Outcome
| Operational Priorities | Type[1] | Status | Linkages to Strategic Outcome |
|---|---|---|---|
| Hold hearings expeditiously and informally | Ongoing | The Tribunal successfully met all expectations under this priority: By ensuring that services were available to informally resolve transportation-related disputes in a manner that is simple, rapid, less litigious and less costly; By ensuring that hearings were held expeditiously and informally; By the timely disposition of review and appeal hearings within service standards; By ensuring that hearings were being conducted in accordance with the rules of fairness and natural justice; By the use of pre-hearing conferences to streamline and expedite the hearing process; By the quality and consistency of decision-making. |
To provide the Canadian transportation community with the opportunity to have administrative or enforcement actions under federal transportation Acts reviewed by an independent body. By reviewing ministerial decisions fairly, equitably and within a reasonable period of time. Average lapsed time between the conclusion of a review hearing and issuance of a determination is 70 days and 85 days for an appeal. Our target is set at 90 days as per our Performance Management Framework. The Tribunal encourages the use of pre-hearing conferences to assist parties to identify issues for determination and to disclose and exchange documents. This reduces the length of hearings and avoids last-minute adjournments necessitated by late disclosure. |
| Management Priorities | Type1 | Status | Linkages to Strategic Outcome |
|---|---|---|---|
| Business Continuity Plan (BCP) | Previously committed to | The Tribunal successfully met all expectations under this priority: A BCP has been in place since 2007 and was recently updated. The Tribunal has developed the necessary tools to maintain its business continuity plan readiness. |
To provide the Canadian transportation community with the opportunity to have administrative or enforcement actions under federal transportation Acts reviewed by an independent body. Plans, measures and arrangements are in place to ensure the continuous delivery of critical services, permitting the organization to recover its data and assets in order to continue to provide the Canadian transportation community with the opportunity to have administrative or enforcement actions under federal transportation Acts reviewed by an independent body in the event of a business interruption. |
| Increase awareness of the Transportation Appeal Tribunal of Canada with respect to its mission, mandate, role and results achieved | Previously committed to | The Tribunal successfully met all expectations under this priority: Enhancements and improvements to the Tribunal Web site along with making 3500 decisions available to the public has increased awareness and provide better information among the transportation community and key stakeholders with respect to the Tribunal's mandate and services. |
To provide the Canadian transportation community with the opportunity to have administrative actions under federal transportation Acts reviewed by an independent body. Improved awareness and better information among the Transportation community and key stakeholders with respect to the Tribunal's mandate, services and decisions. |
Overall Departmental Performance
In the 12-month reporting period, the Tribunal registered 112 new requests for review (96 aviation, 14 marine and 2 from the Canadian Transportation Agency) and 7 requests for appeal from the aviation sector. This represents a decrease of 29 new case files registered over fiscal year 2007-2008. Additionally, 26 requests for certificates were received from the Minister, pursuant to section 7.92 of the Aeronautics Act.
In addition to the new cases registered in this reporting period, 97 cases were carried over from the previous reporting period, bringing the total caseload to 216. This represents a decrease of 42 cases over 2007-2008.
The Tribunal heard 30 first level reviews and 8 second level appeals for a total of 48 hearing days. This represents an increase of 1 hearing over the previous fiscal year. Of the 38 cases that proceeded to a hearing, many cases were postponed and rescheduled at a later date. At the end of 2008-2009, 90 cases were pending further action, 16 were awaiting decisions and 9 had been scheduled for the 2009-2010 fiscal year.
In the 2008-2009 reporting period, 75 cases were concluded without a hearing. It should be noted that of these 75 cases many were requests filed with the Tribunal and concluded shortly before the hearing was to take place, which means that all registry work that leads up to the hearing was completed. The registry prepared for 66 hearings.
The 75 cases concluded without a hearing were resolved in a number of ways:
- the document holder paid the fine before the hearing;
- the document holder's licence was reinstated before the hearing;
- the request for hearing was withdrawn by the document holder;
- the notice was withdrawn by the Minister;
- an agreement was reached between the parties.
Risk Analysis
As a micro-organization, the Tribunal's main risk is the increased pressure on its resources from an increased and unpredictable workload, as well as the need to meet the obligations of government-wide horizontal initiatives. The Tribunal's activities are driven by external demands that it can only react to rather than plan for.
Even though the demand for services has remained relatively stable, the Tribunal has had to manage ongoing increases in operating costs, such as the per diem(s) for members, hearing rooms, court reporters, travel charges, information technology upgrades and translation costs, while its funding budget has remained stable.
It must be noted, however, that the most important risk is the insufficient number of members available to conduct hearings. In order to deliver on our program, the Tribunal needs to have members with the right mix of skills and talents in all three modes of transportation.
Accordingly, the Tribunal has in place numerous strategies to mitigate these potential risks.
Expenditure Profile
Spending Trends (thousands of dollars)
| 2006-2007 | 2007-2008 | 2008-2009 | |
|---|---|---|---|
Planned Spending |
1,329 | 1,433 | 1,660 |
Total Authorities |
1,564 | 1,597 | 1,834 |
Actual Spending |
1,337 | 1,523 | 1,749 |
For the 2006-2007 to the 2008-2009 periods, total authorities include all parliamentary appropriation: main estimates, supplementary estimates and carry-forward adjustments.
For 2008-2009, the total operating expenses increased by $226 000 as compared to the previous fiscal year. This increase can essentially be explained by the following:
- The Tribunal has experienced an increase in professional and special services fees to undertake the Web site update project to disclose 3500 decisions on the Tribunal's Web site.
For 2007-2008, the total operating expenses increased by $186 000 as compared to fiscal year 2006-2007. This increase can essentially be explained by the following:
- The variances in resources spent are due to uncontrollable factors, such as fees for hearing rooms, travel, preparation and time spent on hearings, remuneration, interpreters, decision writing and costs for legal services, court reporting, transcripts and translations. The average costs fluctuate each fiscal year, as they are determined by the number of review determination and appeal hearings and the complexity of cases.
Voted and Statutory Items (thousands of dollars)
| Vote # or Statutory Item (S) | Truncated Vote or Statutory Wording | 2006-2007 Actual Spending | 2007-2008 Actual Spending | 2008-2009 Main Estimates | 2008-2009 Actual Spending |
|---|---|---|---|---|---|
| 1 | Operating expenditures |
1,221.1 | 1,411.1 | 1,213.0 | 1,640.6 |
| (S) | Contributions to employee benefit plans |
125.9 | 111.9 | 121.0 | 108.0 |
| Total | 1,337.0 | 1,523.0 | 1,334.0 | 1,748.6 | |
This past fiscal year, the Tribunal has experienced an increase in professional and special services fees to undertake the Web site update project, and 3500 decisions were disclosed on the Tribunal's Web site.
Section II: Analysis of Program Activities by Strategic Outcome
Strategic Outcome
The strategic outcome of the Tribunal is to provide the Canadian transportation community with the opportunity to have enforcement and licensing decisions of the Minister of transport reviewed by an independent body.
The Tribunal's only activity is the provision of an independent review process for aviation, rail and marine by providing document holders with the opportunity to proceed with a hearing. The Tribunal represents the only forum ensuring that document holders have access to an independent assessment governed by considerations of natural justice. Its role does not overlap with, nor is it duplicated by, any other agency, board or commission. It is unique in the transportation field, in that its function is entirely adjudicative.
Review and Appeal Hearings
The objective is to provide for the operation of an independent Tribunal to respond to requests from the transportation community for review of enforcement and licensing decisions taken by the Minister of Transport under the Aeronautics Act, the Canada Transportation Act, the Railway Safety Act, the Marine Transportation Security Act, the Canada Marine Act, the Canada Shipping Act, 2001 and the International Bridges and Tunnels Act, and to conduct hearings into such appeals.
Program Activity by Strategic Outcome
| 2008-09 Financial Resources ($ thousands) | 2008-2009 Human Resources (FTEs) | ||||
|---|---|---|---|---|---|
| Planned Spending | Total Authorities | Actual Spending | Planned | Actual | Difference |
| 1,659.7 | 1,834.0 | 1,748.6 | 12 | 10 | 2 |
| Expected Results | Performance Indicators | Targets | Performance Status | Performance Summary |
|---|---|---|---|---|
| Access to an independent assessment governed by considerations of natural justice | Hearings conducted in a timely manner | 100% of decisions rendered within 90 days | Exceeded | The average lapsed time between the conclusion of a review hearing and the issuance of a determination is 70 days and 85 days for an appeal. |
| Plans, measures and arrangements are in place to ensure the continuous delivery of critical services, which permits the organization to recover its data and assets | Business Continuity Plan (BCP) Developed Tools to maintain business continuity plan readiness, such as contingency plan, emergency response plan, etc. |
March 2009 | Mostly met | Since 2007, the Tribunal has had a BCP. The plan was recently updated along with the tools and the procedures. |
| Improved awareness and better information among the Transportation community and key stakeholders with respect to the Tribunal's mandate, services and decisions | Tribunal information accessible to the lay person in a timely manner | June 2009 | Successfully met | 3500 decisions were uploaded onto the Tribunal's Web site in both official languages. |
Benefits for Canadians
The Tribunal is unique in the transportation field in that its sole function is adjudicative. It provides document holders with the opportunity to have an independent hearing that is informal, expeditious and fair.
The cases before the Tribunal are regulatory in nature and concern matters of safety and security.
The Tribunal's performance indicators verify that these cases are conducted in a timely manner and that Tribunal information is accessible on its Web site.
The Tribunal process is able to quickly identify concerns in the transportation field of a technical or legislative nature leading to necessary amendments to legislation for the benefit of all Canadians through the enhancement and maintenance of transportation safety in Canada.
Performance Analysis
The program's effectiveness can be measured by its ability to provide the transportation community with the opportunity to have ministerial decisions reviewed fairly, equitably and within a reasonable period of time.
The average lapsed time between the conclusion of a review hearing and the issuance of a determination is 70 days and 85 days for an appeal. This brings the hearing process to a timely conclusion for both parties appearing before the Tribunal.
The Tribunal encourages the use of pre-hearing conferences to assist the parties appearing before it, to identify the issues for determination by the Tribunal and to disclose and exchange documents. This reduces the length of hearings and avoids last-minute adjournments necessitated by late disclosure.
Such conferences have also been particularly effective in settling licence suspensions and refusal to renew on medical grounds without the necessity of a hearing. The Tribunal registrars contact the parties to schedule mutually agreed hearing dates to the extent possible to avoid unnecessary adjournments.
In 2007-2008, the Tribunal referred 6 cases back to the Minister of Transport for reconsideration, pursuant to sections 6.72 and 7.1 of the Aeronautics Act, the Tribunal lacking the power to substitute its own decision for that of the Minister in these cases. The Minister confirmed its original decision in 1 case, and we are still awaiting the outcome in the 5 remaining cases.
In 2008-2009, the Tribunal referred 2 cases back to the Minister. We are still awaiting the outcome in these 2 cases.
Lessons Learned
The Tribunal's only activity is the provision of an independent review process for aviation, rail and marine by providing document holders with the opportunity to proceed with a hearing.
Lessons learned can be defined as experiences acquired in the execution of programs and services that can provide value-added direction to future plans and efforts to achieve results. A plan must be in place to address and follow up on these actions and directions in future Report on Plans and Priorities.
The Tribunal's sole objective is to be effective, independent and to overcome the burden of delays and costs occasioned by the court system.
To promote communication between the parties with a view to settlement, the registry encourages early disclosure of documents to the applicant. In order to resolve outstanding issues that may delay the scheduling of the hearing, the registry will arrange a teleconference with a Tribunal member.
These experiences in aviation sector cases will prove valuable as marine and rail sector cases increase in complexity and will provide precedents in training sessions.
Section III: Supplementary Information
Financial Highlights
Condensed Statement of Financial Position at End of Year (March 31, 2009)
| 2009 | 2008 | |
|---|---|---|
ASSETS |
||
Financial Assets |
38,702 | 30,703 |
Non-Financial Assets |
11,937 | 13,194 |
TOTAL |
50,639 | 43,897 |
Condensed Statement of Financial Position at End of Year (March 31, 2009)
| 2009 | 2008 | |
|---|---|---|
LIABILITIES |
||
Accounts Payable and Accrued Liabilities |
156,037 | 305,051 |
Vacation Pay and Compensatory Leave |
57,442 | 65,714 |
Employee Severance Benefits |
173,251 | 176,738 |
EQUITY CANADA |
(336,091) | (503,606) |
TOTAL |
50,639 | 43,897 |
Condensed Statement of Financial Position at End of Year (March 31, 2009)
| 2009 | 2008 | |
|---|---|---|
EXPENSES AND REVENUES |
||
Total Expenses |
1,967,791 | 1,745,773 |
Total Revenues |
- | - |
NET COST OF OPERATIONS |
1,967,791* | 1,745,773* |
* includes services received without charge
Operating Expenses
Operating Expenses |
2009 |
|---|---|
Salaries and Employees Benefits |
833,219 |
Professional and Special Services |
447,264 |
Accommodation |
185,395 |
Travel and Relocation |
160,429 |
Utilities and Supplies |
31,081 |
Information |
27,818 |
Communication |
27,299 |
Rentals |
20,742 |
Miscellaneous |
8,571 |
Computer Supplies |
5,602 |
Repairs and Maintenance |
1,211 |
Total Operating Expenses |
1,748,631 |
Financial Statements
In its Annual Report for the fiscal year 2008-2009 (http://www.tatc.gc.ca/doc.php?sid=28&lang=eng) the Tribunal includes financial statements that provide an accounting of the Tribunal's administration of its public financial affairs and resources.
Financial statements are prepared in accordance with accrual accounting principles. The unaudited supplementary information presented in the financial tables in the Annual Report is prepared on a modified cash basis of accounting in order to be consistent with appropriations-based reporting.
Other Items of Interest
Contacts for Further Information
Transportation Appeal Tribunal of Canada
333 Laurier Avenue West
Room 1201
Ottawa, Ontario K1A 0N5
Telephone: 613-990-6906
Fax: 613-990-9153
E-mail: info@tatc.gc.ca
Web Site: www.tatc.gc.ca
Faye Smith Chairperson
Eleanor Humphries Vice-Chairperson
Mary Cannon Registrar (Ontario, Prairie & Northern and Pacific Regions)
Monique Godmaire Registrar (Headquarters, Quebec and Atlantic Regions)
Franηoise Bodart Editor/Writer
Sylvie Fournier Administrative Assistant
Louise Lacroix Finance, Contract and Administration Officer
Danielle Lavergne Assistant to the Executive Services Manager
Michel Meloche Executive Services Manager
Statutes and Regulations Currently in Force
| Transportation Appeal Tribunal of Canada Act | S.C. 2001, c. 29 |
| Transportation Appeal Tribunal of Canada Rules | SOR/93-346 |
| Aeronautics Act (and subordinate legislation) | R.S.C. 1985, c. A-2 |
| Canadian Aviation Regulations | SOR/96-433 |
| Canada Transportation Act | S.C. 1996, c. 10 |
| Canadian Transportation Agency Designated Provisions Regulations | SOR/99-244 |
| Railway Safety Act | R.S.C. 1985, c. 32 (4th Supp.) |
| International Bridges and Tunnels Act | S.C. 2007, c. 1 |
| Marine Transportation Security Act | S.C. 1994, c. 20 |
| Marine Transportation Security Regulations | SOR/2004-144 |
| Canada Shipping Act, 2001 | S.C. 2001, c. 26 |
| Administrative Monetary Penalties Regulations | SOR/2008-97 |
Statutory Annual Report and Other Departmental Reports
- Report on Plans and Priorities 2009-2010
- Annual Report 2008-2009
- Guide for Applicants
Reference
The tables are presented under five categories:
SUSPENSIONS
AME*
AMO**
CCP****
operator certificate
operator security
personnel security
pilot competence
pilot enforcement
pilot instrument rating
pilot proficiency check
CANCELLATIONS
AME
certificate of airworthiness
operator
personnel security
pilot
FINES
AME
AMO
ATC***
aircraft owner
operator security
operator
personnel security
pilot
MEDICALS
ATC
pilot
REFUSAL TO ISSUE
AME
medical certificate
pilot and others
* AME: aircraft maintenance engineer
** AMO: approved maintenance organization
*** ATC: air traffic controller
**** CCP: company check pilot authority
[1] Type is defined as follows: previously committed tocommitted to in the first or second fiscal year prior to the subject year of the report; ongoingcommitted to at least three fiscal years prior to the subject year of the report; and newnewly committed to in the reporting year of the RPP or DPR.