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The original version was signed by
The Honourable Denis Lebel, P.C., M.P.
Minister of Transport, Infrastructure and Communities
I am pleased to present the Canadian Transportation Agency's 2010–11 Departmental Performance Report.
Providing effective and responsive services to Canadians and to federal transportation service providers continues to be a strategic focus for the Agency. This Report highlights the Agency's many achievements in support of its 2010–11 Report on Plans and Priorities, as well as of the overall Government of Canada objectives for the federally regulated transportation sector.
This Report also coincides with the final year of the Agency's first-ever triennial Strategic Plan, and thus marks the culmination of three years of continuous progress and improvement in the many services we provide.
The Agency's 2008–2011 Strategic Plan set out an ambitious agenda, backed up with specific action plans and challenging, measurable performance targets. Over the past year, we have worked hard to translate the Plan's medium- and long-term goals from a shared vision into concrete, meaningful results.
For example, in 2010–11 the Agency:
These are but a few of the many accomplishments realized over the past year.
As we set the course for 2011–12 and begin the implementation of our new 2011–2014 Strategic Plan, we remain committed to helping Canada benefit from a transportation system that is competitive, economic, efficient and accessible.
I encourage you to review this Report and to take note of what the Canadian Transportation Agency has accomplished.
The original was signed by:
Geoffrey C. Hare
Chair and Chief Executive Officer
The Agency implements the transportation policy established by Parliament in the Canada Transportation Act and other legislation.
The Agency's mission is to assist in achieving a competitive, efficient and accessible transportation system through dispute resolution, essential economic regulation and communication in a fair, transparent and timely manner.
As an independent, quasi-judicial administrative tribunal and economic regulator, reporting to the Parliament of Canada through the Minister of Transport, Infrastructure and Communities. the Agency makes decisions on a wide range of matters involving air, rail and marine modes of transportation under the legislative authority of Parliament and, for certain accessibility matters, extra-provincial bus transportation.
The Canadian Transportation Agency manages the economic regulation of air, rail and marine modes of transportation under the legislative authority of Parliament through the administration of laws, regulations, voluntary codes of practice, and educational and outreach programs, as well as through the resolution of disputes. Most of the Agency's activities and workload are generated by demand from users and operators of the national transportation system and administering legislative and regulatory requirements.
The Agency performs the functions vested in it by the Canada Transportation Act and related legislation (refer to section IV for a list of legislation and regulations that the Agency administers in whole or in part). It operates within the context of the very large and complex Canadian transportation system (for details, refer to Transport Canada's website).
The Agency is one of many Canadian partners helping to achieve transportation that works for everyone by contributing to a competitive and accessible transportation system that efficiently meets the needs of users and service providers and the Canadian economy. Its responsibilities include:
The Agency exercises its powers through its Members who are appointed by the Governor in Council (GIC): the GIC may appoint up to five full-time Members, including the Chair and Chief Executive Officer (CEO), and the Vice-Chair. The Minister of Transport, Infrastructure and Communities can also appoint up to three temporary Members.
The Members of the Agency are responsible for issuing decisions and orders related to complaints or applications, as well as addressing other issues within the national transportation system.
The Chair and CEO is accountable for the Agency's three program activities. The Vice-Chair replaces the Chair and CEO during the Chair's absence.
The Agency's organizational structure is composed of four branches: the Dispute Resolution Branch, the Industry Regulation and Determinations Branch, the Legal Services Branch, and the Corporate Management Branch. The heads of each branch, as well as the Communications Directorate, Internal Audit and Evaluation Services Directorate, and the Secretariat Directorate, report directly to the Chair and CEO. The organizational structure integrates a modal approach within a functional business delivery model and allows the Agency the flexibility to effectively deal with evolving workload and resource challenges while still meeting client-driven demands. This structure also creates greater career opportunities for learning and professional development, more variety in work assignments, and internal mobility for employees between directorates and branches.
Agency Organizational Chart
The Canadian Transportation Agency reports on its plans, priorities and expected results to Parliament on the basis of its PAA. The PAA explains how the program activities and allocation of resources contribute to the Agency strategic outcome.
Performance /Priority Status Legend
With respect to the expected level of performance (as evidenced by the indicator and target or planned activities and outputs) for the expected result or priority identified in the corresponding Report on Plans and Priorities (RPP):
The Agency completed the third year of its triennial Strategic Plan for 2008–2011. During this period, the Plan had an overarching objective to firmly establish the Agency as a leading tribunal of the Government of Canada, to be accomplished by focusing on the following five priorities linked directly to the Agency's strategic outcome of providing "transparent, fair and timely dispute resolution and economic regulation of the national transportation system."
Priority 1: Dispute Resolution and Economic Regulation
Action | Type [1] | Performance Status | Supporting Program Activities |
---|---|---|---|
A. Responsive and effective dispute resolution | Previously committed to | Met all |
Dispute Resolution Internal Services |
Key Accomplishments
Priority 1: Dispute Resolution and Economic Regulation
Action | Type | Performance Status | Supporting Program Activities |
---|---|---|---|
B. Timely issuance of regulatory authorization | Previously committed to | Met all | Economic Regulation |
Key Accomplishments
Priority 2: People
Action | Type | Performance Status | Supporting Program Activities |
---|---|---|---|
Recruitment, retention and development of competent, capable and high-performing staff | Previously committed to | Met all |
Economic Regulation Dispute Resolution Internal Services |
Key Accomplishments
Priority 3: Enhanced Internal and External Communications
Action | Type | Performance Status | Supporting Program Activities |
---|---|---|---|
Enhanced communication and dialogue with employees, clients and stakeholders | Previously committed to | Met all |
Economic Regulation Dispute Resolution Internal Services |
Key Accomplishments
Priority 4: Accessible Transportation
Action | Type | Performance Status | Supporting Program Activities |
---|---|---|---|
Improve the accessibility of the federally regulated transportation system | Previously committed to | Met all |
Dispute Resolution Economic Regulation |
Key Accomplishments
Priority 5: Organizational Support and Responsiveness
Action | Type | Performance Status | Supporting Program Activities |
---|---|---|---|
Continued effective governance and management processes and process improvements | Previously committed to | Met all |
Economic Regulation Dispute Resolution Internal Services |
Key Accomplishments
Link to the Government of Canada Outcome Areas
The Agency's strategic outcome and program activities are directly aligned with the broader Government of Canada strategic outcome of a fair and secure marketplace. The Agency's regulatory programs are designed to resolve economic issues, remove transportation barriers and protect the rights of consumers, carriers and other interested parties. These programs help improve the overall quality of life in Canada, providing all Canadians with an efficient and accessible transportation system.
The Agency is one of many players involved in transportation and it maintains close ties with its various co-delivery partners, including Transport Canada, the Department of Foreign Affairs and International Trade, the Canada Border Services Agency and the Canadian Human Rights Commission.
The Agency remained proactive in its approach to risk in 2010-11 through the identification of potential events and estimation of the likelihood and impact of the events on its strategic outcome. Mitigation strategies were developed based on these potential events to not only address the challenges, but use them as opportunities where possible. The Agency developed a Corporate Risk Profile 2010-13 detailing its risks and mitigation strategies and their linkages to the organizational priorities. Below is a discussion of the risks of significance to the Agency in 2010-11.
The Agency is not perceived as a respected and trusted tribunal and economic regulator
Links to Agency overarching objective: Leading tribunal and economic regulator
In 2010–11, the Agency maintained its reputation as a trusted and respected economic regulator and expert tribunal on transportation and transportation-related human rights issues. This reputation is based on the Agency's independence from outside influence, the impartiality it has demonstrated in handling cases, the integrity and timeliness of its procedures, its expertise in transportation and transportation-related human rights matters, and the deference that the Federal Court of Appeal and the Supreme Court of Canada have given to its past decisions. The Agency was attentive to these aspects of its role as an economic regulator and quasi-judicial administrative tribunal.
The Agency developed a robust Program Activity Architecture and Performance Management Framework and continues to monitor its performance and take measures towards meeting all of its objectives.
The Agency initiated the modernization of its regulatory framework and its administration, thereby contributing to becoming a more transparent, efficient and effective organization.
The Agency conducted Client Satisfaction Surveys both in 2009–10 and 2010–11 to better understand its clients' needs and expectations to determine how its services could be improved, as well as to obtain information on the perception of the Agency by its stakeholders and clients. The Agency will measure its performance against the base-line benchmarks established from these first surveys in order to ensure continued improvement in its service delivery. Given the valuable feedback provided, the Agency plans to conduct follow-up surveys in the coming years.
The public's perception of the organization is also heavily influenced by the quality of its relationships with its clients and stakeholders. The survey feedback from clients and stakeholders indicated high levels of satisfaction with Agency services, as well as with its professionalism and its commitment to ensuring its processes are well understood, fair and transparent. The Agency maintained a continuous dialogue with clients and stakeholders to remain proactive in addressing stakeholder feedback concerning Agency processes and procedures for dispute resolution and determinations that impact the Agency's reputation.
Resource reductions / constraints that would challenge the Agency's ability to deliver its mandate, or respond to changes in government policy
Links to all Agency organizational priorities:
The Agency is a demand-driven organization with a mandate dependent upon fulfilling service expectations of Canadians with respect to transportation issues. Therefore, changes within the external environment, government policies and the legislative mandate have an impact on the Agency's operating environment.
In 2010-11, the Agency remained vigilant and proactive in adapting to those changes it viewed as having a significant impact on its service delivery. This was accomplished through dialogue with stakeholders (e.g. clients, federal government partners, parliamentarians, the Minister of Transport, special interest groups), giving the Agency the opportunity to address and adapt internally, and to ensure that it has sufficient resources that are properly deployed. Through its involvement in the legislative and regulatory change process, the Agency was also able to determine other potential changes.
The Agency continued to adjust to the full implications of its additional responsibilities, which included a new mandate to hear complaints concerning rail noise and vibration. The Agency identified and addressed gaps in its expertise in this very specialized and technical area and, based on the advice of the Agency's Rail Noise and Vibration Technical Advisory Committee, a technical study was commissioned to identify rail noise measurement methodologies and standards. The methodology has been finalized and will be posted on the Agency's Web site to help in the assessment of the level and impacts of railway noise. These complaints present unique challenges for the Agency, as they are usually filed by multiple parties or individuals representing community interest groups.
The Government of Canada announced that it is seeking resource savings by promoting shared services and by reviewing functions in the corporate services area. As a small federal organization, the Agency needs to be prepared to respond to these new demands through its proactive participation in the shared services initiatives.
While the extent of future budgetary / resource restrictions and the impacts on the Agency remain to some degree unknown, the Agency has budget planning and budget management measures in place to address this to the greatest extent possible given the information currently available.
The Agency also initiated an ambitious regulatory modernization agenda that will act as catalyst for streamlining the regulatory frameworks and business processes and reducing red tape.
Loss of business critical knowledge, information and expertise
Links to all Agency organizational priorities:
The retention of knowledge and expertise is critical to maintain the level of service the Agency already provides, and to allow the Agency to adapt to its additional responsibilities. The changing demographics of the public service workforce, and of the Agency's in particular, continue to present an important human resource management challenge. Over the next few years, the Agency risks losing significant corporate knowledge and expertise as long-term key employees retire. In order to continue supporting its mandate, the Agency focussed significant efforts on recruiting, retaining and developing highly competent staff with the capabilities to ensure that knowledge and expertise are retained and transferred.
The Agency emphasized the development of skills, knowledge and expertise among its employees. It identified areas where the Agency is most vulnerable to the loss of critical business knowledge and expertise to ensure efficient knowledge transfer and succession planning practices were put in place, including the development of comprehensive procedures and manuals for retention of corporate knowledge. It also put in place for employees an extensive in-house continuing training curriculum, involving the creation of focussed training manuals and delivery of courses on key Agency service and expertise functions.
2010–11 Financial Resources ($ thousands)*
Planned Spending | Total Authorities | Actual Spending |
---|---|---|
27,311 | 29,353 | 28,790 |
2010–11 Human Resources (full-time equivalents or FTEs)
Planned | Actual | Difference |
---|---|---|
261 | 251 | -10 |
2010–11 Performance Results
Performance Indicator | Target | Status | Performance Summary |
---|---|---|---|
Feedback from users of, service providers within and others affected by the national transportation system on perceived transparency, fairness and efficiency of the decision-making process. |
Surveys to be implemented in order to establish benchmarks. Implementation of subsequent surveys. |
Program to measure client satisfaction in place. Initial 2009-10 and subsequent 2010-11 surveys conducted based on Common Measurement Tool. Reports released and overall Agency client satisfaction target set. |
Met performance target. Received positive feedback on interactions with Agency staff and on its service delivery. Established base-line benchmark and new overall Agency performance target for client satisfaction to help measure performance and improve service delivery. Ongoing implementation of client satisfaction survey program. |
Percentage of discretionary rulings overturned by the Federal Court of Appeal on basis of procedural fairness. | 0% | 0% | Met performance target. |
Percentage of cases resolved within prescribed time limits. |
Disputes resolved formally: 65% resolved within 120 days. |
62% | Mostly met. An increasing proportion of formal cases are complex. |
Determinations: 95% issued within 120 days. | 94% | Mostly met performance target. | |
Licences: 85% issued within 14 days. | 88% | Exceeded performance target. | |
Charter permits: 92% issued within 30 days. | 97% | Exceeded performance target. | |
Mediation: 100% completed within 30 days (when no extension is requested). |
91% | The one mediated case that did not meet the Agency's 30-day target was a complex rail level of service dispute that required numerous requests for additional documents and extensive work with the parties to reconcile discrepancies in the data. The parties did not ask for an extension. In the end, the case was successfully resolved. |
Spending by Program Activity ($ thousands)
Program Activity* | 2009–10 Actual Spending | 2010–11 [2] | Alignment to Government of Canada Outcomes | |||
---|---|---|---|---|---|---|
Main Estimates | Planned Spending | Total Authorities | Actual Spending | |||
Economic Regulation | 12,324 | 12,809 | 12,809 | 13,537 | 12,521 | A fair and secure marketplace |
Adjudication and Alternative Dispute Resolution | 7,261 | 7,006 | 7,006 | 7,587 | 8,080 | |
Total | 19,585 | 19,815 | 19,815 | 21,124 | 20,601 |
Program Activity* | 2009–10 Actual Spending | 2010–11 | |||
---|---|---|---|---|---|
Main Estimates | Planned Spending | Total Authorities | Actual Spending | ||
Internal Services | 8,456 | 7,496 | 7,496 | 8,229 | 8,189 |
* Numbers for each program activity include contributions to employee benefit plans.
Explanation of variances
Planned spending to total authorities: from $27.3 million to $29.3 million
Planned spending for 2010–11 was $27.3 million, whereas the total authorities for the Agency are $29.3 million, representing a change of $2.0 million. The differences are primarily due to the following increases:
Actual spending to total authorities: from $28.7 million to $29.3 million
The difference of $0.6 million is primarily due to the deferral of certain projects to 2011-12.
For information on the Canadian Transportation Agency's organizational votes and/or statutory expenditures, please see the 2010–11 Public Accounts of Canada (Volume II). An electronic version of the Public Accounts is available at Public Works and Government Services Canada's Web page, Public Accounts of Canada 2010.
Strategic Outcome: Transparent, fair and timely dispute resolution and economic regulation of the national transportation system
The Agency is both an economic regulator and a quasi-judicial tribunal. It regulates the national transportation system through the administration of laws, regulations, voluntary codes of practice, and education and outreach programs. It adjudicates disputes between users of, service providers within and others affected by the national transportation system which, in the case of accessibility, includes extra-provincial bus.
As a regulator, the Agency has a mandate to administer the economic regulatory provisions affecting all modes of transportation under federal jurisdiction found in various Acts of Parliament. In 2010–11, the Agency:
As an adjudicator, the Agency resolves transportation issues within the national transportation system either by investigating and making formal tribunal decisions on complaints and ordering corrective measures as required, or by helping parties resolve their issues through the alternative dispute resolution processes of mediation or facilitation. In 2010–11, the Agency:
In order to successfully deliver its strategic outcome, the Agency divides its programs into three activities: economic regulation, adjudication and alternative dispute resolution, and internal services.
2010–11 Financial Resources ($ thousands)
Planned Spending | Total Authorities | Actual Spending |
---|---|---|
12,809 | 13,537 | 12,521 |
2010–11 Human Resources (full-time equivalents or FTEs)
Planned | Actual | Difference |
---|---|---|
120 | 112 | -8 |
Description:
Within the specific powers assigned to it by legislation, the Agency participates in the economic regulation of modes of transportation under federal jurisdiction, including:
The Government of Canada's national transportation policy permits the domestic market to self-regulate. However, it also acknowledges that regulation can be required to meet public objectives or in cases where parties are not served by effective competition.
2010–11 Performance Results
Expected Results | Performance Indicators | Target | Status | Performance Summary |
---|---|---|---|---|
Economic and other interests of transportation users, service providers and other affected parties are protected. | Measures of satisfaction with Agency services related to serving the needs of users of, service providers within and others affected by the national transportation system. |
Surveys to be implemented in order to establish benchmarks. Implementation of subsequent surveys and measurement against benchmarks. |
Program to measure client satisfaction in place. Initial 2009-10 and subsequent 2010-11 surveys conducted based on Common Measurement Tool. Reports released and overall Agency client satisfaction target set. |
Met performance target. Received positive feedback on interactions with Agency staff and on its service delivery. Established base-line benchmark and new overall Agency performance target for client satisfaction to help measure performance and improve service delivery. Ongoing implementation of client satisfaction survey program. |
Regulatory authorities required to operate publicly available air services are issued on a timely basis upon meeting the regulatory requirements. | Percentage of charter permits issued within 30 days. | 92% | 97% | Exceeded performance target. |
Regulatory authorities required to operate publicly available air services are issued on a timely basis upon meeting the regulatory requirements. | Percentage of licences issued within 14 days. | 85% | 88% | Exceeded performance target. The Agency processed 132 applications for new air licences, out of which 116 were processed within 14 days of the application being complete. |
Regulatory authorities required to operate publicly available air services are issued on a timely basis upon meeting the regulatory requirements. | Percentage of international code-sharing authorities issued within 45 days. | 100% | 97% | Mostly met performance target. Of the 89 cases processed, 86 were issued within 45 days. |
Regulatory authorities required to operate publicly available air services are issued on a timely basis upon meeting the regulatory requirements. | Percentage of extra-bilateral authorities issued within 30 days. | 85% | 87% | Met performance target. Of the 7 cases, 6 were issued within 30 days. |
Compliance with the Canada Transportation Act and its attendant regulations. | Percentage of compliance with the requirements to hold a valid licence, insurance and Air Operator Certificate, as determined by inspections. | 100% | 100% | Met performance target. |
Enhanced monitoring of and compliance with accessibility regulations and codes of practice. | Level of compliance with accessibility provisions. | Conduct monitoring and report on compliance. | Monitoring conducted and reports on compliance issued. | Met performance target. Issued 2 reports revealing high levels of compliance by federal transportation terminals with provisions in the Terminal Accessibility Code and by Canada's 6 largest airlines with 2 key provisions in the Air Code. |
The Agency efficiently protects the interests of operators of Canadian registered ships while allowing access to foreign ships when suitable Canadian registered ships are not available. | Percentage of applications processed prior to the commencement date when no offer is made. | 95% | 95% | Met performance target. |
Environmental, economic and social impacts of railway construction projects, railway lines and yards are mitigated. | Percentage compliance with prescribed mitigation conditions as determined on follow-up. | 100% | 100% | Met performance target. |
Regulatory authorities required in railway operations are issued on a timely basis upon meeting the regulatory requirements | Percentage of determinations issued prior to specified timeline of 120 days | 95% | 100% | Exceeded performance target. |
Overall, performance results in 2010–11 for this program activity enabled the Agency to maintain its strong track record in this area of responsibility.
In 2010–11, the Agency continued to focus on its two primary objectives for this program activity:
Managing caseload in a sound, responsive, timely and efficient manner
Through proper management of the program's caseload in a sound, responsive, timely and efficient manner, the Agency achieved the following in 2010–11:
Maintaining up-to-date, relevant and clear Agency regulatory frameworks
The Agency made significant progress in the review and update, where appropriate, of existing regulations, codes of practice and guidelines to ensure they are up to date, relevant and clear. In 2010–11 the Agency achieved the following:
Through the achievements on both 2010-11 objectives for this program activity, the Agency ensured the interests of all participants in the federal transportation system continued to be protected.
The Agency made significant progress in 2010–11 in its development of guidelines, interpretation notes and the modernization of regulations. Although this work required a significant investment of time and resources, there are many benefits, in addition to communicating the essential regulatory requirements to stakeholders and increasing the transparency and predictability of the regulatory regime. It also provides an opportunity to re-examine past practices, capture and re-create corporate memory for current and future Agency staff, challenge conventional wisdom, and align perspectives both inside and outside the Agency.
Because of the many other competing priorities, the project to modernize the Railway Costing Regulations was put on hold and will be undertaken at a later date.
2010–11 Financial Resources ($ thousands)
Planned Spending | Total Authorities | Actual Spending |
---|---|---|
7,006 | 7,587 | 8,080 |
2010–11 Human Resources (full-time equivalents or FTEs)
Planned | Actual | Difference |
---|---|---|
65 | 67 | 2 |
Description:
The Agency resolves disputes on matters related to the national transportation system, including:
2010–11 Performance Results
Expected Results | Performance Indicators | Targets | Status | Performance Summary |
---|---|---|---|---|
Access to a specialized dispute resolution system that is cost-effective, responsive, fair and timely, and serves the needs of users, service providers and other affected parties within the national transportation system. | Measures of satisfaction with Agency services related to serving the needs of users of, service providers within and others affected by the national transportation system. |
Surveys to be implemented in order to establish benchmarks. Implementation of subsequent surveys. |
Program to measure client satisfaction in place. Initial 2009-10 and subsequent 2010-11 surveys conducted based on Common Measurement Tool. Reports released and overall Agency client satisfaction target set. |
Met performance target. Positive feedback on interaction with Agency staff and on its service delivery. Established base-line benchmark and new overall Agency performance target for client satisfaction to help measure performance and improve service delivery. Ongoing implementation of client satisfaction survey program. |
The Agency efficiently resolves complaints on air services, weighing the evidence submitted by the parties. | Percentage of disputes resolved formally within 120 days. | 70% | 50% | Performance target not met. Of the 22 air-related complaints, 8 were very complex, involving specific tariff-related issues, and required in-depth review. These cases were precedent-setting for passenger consumer protection rights. |
The Agency efficiently resolves complaints about obstacles to the mobility of persons with disabilities, weighing the interests of persons with disabilities with those of the industry in assessing whether the obstacle is undue. | Percentage of disputes resolved formally within 120 days. | 50% | 43% | Mostly met performance target. Of the 7 adjudicated cases, 6 were very complex. |
The Agency efficiently resolves disputes by determining whether pilotage charges are in the public interest and whether port fees and seaway tolls are not unjustly discriminatory. | Percentage of disputes resolved formally within 120 days. | 70% | 0% |
Performance target not met. The Agency received one complex case, which exceeded the target because the Agency had to determine what constitutes a fair and reasonable fee under the Canada Marine Act. Multiple rounds of pleadings extended the process. In light of the low volume of such cases, the target of 70% may be too aggressive and will be reviewed. |
The Agency efficiently protects the interests of operators of Canadian registered ships while allowing access to foreign ships when suitable Canadian ships are not available. | Percentage of applications processed within 90 days when an offer is made. | 80% | 90% | Exceeded performance target. There were 10 coasting trade applications with an offer, and 9 were processed in an average of 56 days. |
The Agency efficiently resolves disputes between shippers, farmers, landowners, road authorities, utility companies, all levels of government and railway companies. | Percentage of disputes resolved formally within 120 days. | 75% | 45% | Performance target not met. Six of the 11 cases were very complex and/or precedent setting and required extended pleadings. |
The Agency continued to promote the use of informal dispute resolution processes in 2010–11. For cases that go to adjudication, the Agency continued to work on improving the timeliness for resolving formal disputes. In order to address this challenge, the Agency introduced a number of initiatives to streamline the dispute resolution process, to achieve greater consistency in quality, and to improve the efficiency and timeliness of case resolution, such as:
A comprehensive training program for case officers and other staff involved in dispute resolution processes was provided to enhance their knowledge and skills related to processing of cases and dispute resolution in general. This also enables the program to allocate resources where needed as workload changes among transportation modes.
Based on the advice of the Agency's Rail Noise and Vibration Technical Advisory Committee, a technical study was commissioned to identify rail noise measurement methodologies and standards. The methodology has been finalized and will be posted on the Agency's website.
The Agency began work on new comprehensive complaint guidelines to educate the transportation industry and the community of persons with disabilities about their rights and responsibilities. and help them better understand the Agency's processes and the rights and responsibilities of the parties involved.
An allergy is not automatically considered to be a disability for the purposes of the Canada Transportation Act. However, the Agency has determined that a person with an allergy may be found to be a person with a disability if, based on certain criteria, the allergy effectively limits the person's access to the federal transportation network. During 2010-11, the Agency ruled that a lack of formal policy to accommodate during air travel the needs of persons with a disability due to an allergy to peanuts or nuts constituted an obstacle to the mobility of those persons, and further determined appropriate accommodation for those travellers.
The Agency also issued decisions with respect to multiple chemical sensitivity, shellfish allergy, perfume allergy and attendant name changes on international tickets, and continued gathering further evidence and reviewing extensive submissions with respect to a forthcoming decision regarding cat allergy.
To assist unrepresented applicants, who are generally not familiar with its dispute resolution processes, the Agency is simplifying and clarifying the procedures used in case processing and is preparing revised procedures for dispute applicants.
The Agency's efforts on its complaint guidelines and streamlining of processes and procedures provides clarity and transparency in its dispute resolution processes and ensures they are accessible to all users of the national transportation system.
Meeting the 120-day target for the resolution of formally adjudicated cases continues to be a challenge, in large part because of the increasing proportion of formal cases that are more complex.
While less complex cases are now being settled efficiently and effectively through the Agency's informal facilitation and mediation services, the 65% target for resolving the Agency's formal disputes within 120 days is no longer appropriate as it was set on the assumption that the majority of adjudicated cases would continue to be of a similar, medium level of complexity.
The complexity of formally adjudicated cases has increased substantially as a result of the issues being brought before the Agency and related procedural requirements, including extended pleadings processes and, in some cases, the need for additional research. Those changing circumstances, together with the continuing need for appropriate pleadings to meet natural justice requirements, necessitate a modification of the 65% target for formal dispute resolution within 120 days Therefore, beginning in 2011–12, the target will be modified to 80% of complex cases to be resolved in 90 days after the close of pleadings. Our performance experience indicates that this target is more realistic and, while challenging, should be achievable on a sustainable basis.
2010–11 Financial Resources ($ thousands)
Planned Spending | Total Authorities | Actual Spending |
---|---|---|
7,496 | 8,229 | 8,189 |
2010–11 Human Resources (full-time equivalents or FTEs)
Planned | Actual | Difference |
---|---|---|
76 | 72 | -4 |
Description:
Internal services support the needs and programs and other corporate obligations of the Agency. They apply across the Agency and support the delivery of the Agency's plans and priorities, and are not specific to a program. For the Agency, this includes governance and management support, resource management and asset management.
Internal services refer to both the corporate functions that support the delivery of the Agency's plans and priorities, and the specialized tribunal services that are an integral part of the delivery of the operational mandate of the Agency.
Corporate functions
Specialized tribunal services
The Agency's 2008–2011 Strategic Plan completed its final year in 2010–11. As a result, the annual planning and review exercise consisted of a review of the 2010–11 Plan as well as the development of a new triennial Strategic Plan for 2011-2014 that, in addition to its new priorities, carries over outstanding commitments from the 2008–2011 Plan. For example, although informal knowledge transfer activities were undertaken in 2010–11, the commitment to the development of a formal knowledge management and knowledge transfer framework has been included in the 2011–2014 Plan.
In its efforts to address issues raised in the 2008 Public Service Employee Survey, the Agency established an Employee Working Group (EWG). This Group made a series of recommendations, such as employee learning roadmaps, performance objectives for a respectful workplace and establishment of an external informal conflict management system, which were implemented, while others such as a developmental assignment program and a code of conduct have been incorporated into the Agency's 2011–2014 Strategic Plan.
In addition to the various outreach initiatives already highlighted throughout the document, the Agency also produced specialty publications catering to various stakeholders targeted for outreach campaigns, and published information capsules and articles highlighting various Agency functions and initiatives.
The Agency released a report detailing the results of the 2009–10 Client-Satisfaction Research Project undertaken by Ipsos Reid on the Agency's behalf. It used findings from this report as well as preliminary reports from the 2010–11 survey roll-out to establish Client Satisfaction performance indicators.
It expanded Client Satisfaction Survey groups to six client pools of the Agency for the roll-out of the 2010–11 surveys; these groups included clients and stakeholders who underwent Facilitation, Adjudication, Non-travel Dispute Determination, Mediation; Licensing and Inspection; and those who submitted inquiries. Action plans were also developed to address the areas for improvement identified in the Client Satisfaction Surveys.
The Agency made significant progress on implementing a consistent and improved content management system for all Agency websites. In addition, it launched a fully redesigned Intranet site, based on staff input, to give Agency staff access to work tools and key information on training, job opportunities, health and safety, and more. Significant progress was also made on implementing a new governance framework for the Internet and Intranet. In addition, the Agency developed a governance model for management of stakeholder contact lists and client records in the Agency's case management database.
The Agency progressed in its development of an IM policy and IT investment and system strategy. Drafting and reviewing of the IM/IT policies occurred throughout 2010–11 and will continue, with the entire suite expected to be approved and implemented in 2011–12.
To implement a legacy storage system, work began on digitizing Agency decisions and orders. This work will be done annually and will be stored in the corporate record-keeping system for preservation purposes and ease of retrieval. To date, 549,000 pages of Agency decisions and orders have been scanned.
In its commitment to sound risk management practices, the Agency completed its annual update of its Corporate Risk Profile in accordance with its Risk Management Framework and will continue its efforts to integrate these practices into its activities.
The insights gained during the implementation of the Agency's Strategic Plan 2008-2011 helped in the development of the Strategic Plan 2011-2014 as the achievements over the last three years demonstrated the value of having a sound, clear and results-oriented strategic plan that is effectively implemented. The Agency held various consultations with stakeholders, conducted surveys as well as used comprehensive threat and risk assessments to produce a new plan that is increasingly focussed and ambitious in its objective of becoming a more efficient, forward-looking and client-focused organization.
The results of the 2008 Public Service Employee Survey (PSES), the Agency's internal survey from 2009, and the EWG sessions highlighted the need for improvement in the area of internal communications at the Agency. As a way to address this, the Agency undertook a full redesign of its intranet site as there had been no major improvements to the intranet's design navigation or information architecture since 2001. The Agency recognized the importance of a redesign since an efficient and informative intranet is an indispensable resource for employees. This means providing and maintaining an intranet containing reliable, relevant and up-to-date information that's easy to find. The new intranet is also expected to contribute to enhanced internal relations, improved two-way communications and foster employee dialogue.
The EWG consisted of non-management Agency employees and was created to study the PSES survey results as well as the Agency's internal communications survey results. Its objective was to engage all Agency staff in a consultative process to provide recommendations to senior management on sustaining a respectful workplace and improving employee engagement at the Agency. Meeting this objective involved a commitment from both senior management and Agency employees. As noted above, various recommendations on key action areas included valuable EWG input into the intranet revamp project, as well as the Strategic Plan 2011-2014, since the recommendations not already implemented were included as action items in the plan.
The Agency's IM/IT plan contains the IT investment and system strategy for multiple years. The challenge in the development of this document has been in keeping it relevant at the Agency as the government-wide IT environment is changing rapidly.
The Agency's financial statements can be found on the Agency's website.
Condensed Statement of Financial Position ($ thousands)
% Change | 2011 | 2010 | |
---|---|---|---|
Total Assets | -15.2% | 3,929 | 4,634 |
TOTAL | -15.2% | 3,929 | 4,634 |
Total Liabilities | -15.4% | 6,847 | 8,093 |
Total Equity | -15.6% | (2,918) | (3,459) |
TOTAL | -15.2% | 3,929 | 4,634 |
Condensed Statement of Operations ($ thousands)
% Change | 2011 | 2010 | |
---|---|---|---|
Expenses | -4.1% | 31,940 | 33,313 |
Revenues | 0% | 124 | 124 |
Net Cost of Operations | -4.1% | 31,816 | 33,189 |
All electronic supplementary information tables found in the 2010–11 Departmental Performance Report can be found on the Treasury Board of Canada Secretariat website.
Sources of Respendable and Non-Respendable Revenue
User Fees/External Fees
Response to Parliamentary Committees and External Audits
Internal Audits and Evaluations
The Agency's annual reports from 1997 to 2011 are available on its website.
Area of Responsibility | Contact Name | Title | Telephone Number | E-mail Address |
---|---|---|---|---|
Legal Services | Liz Barker | Senior Counsel | 819-997-9325 | liz.barker@otc-cta.gc.ca |
Dispute Resolution | Nina Frid | Director General | 819-953-5074 | nina.frid@otc-cta.gc.ca |
Industry Regulation and Determinations | Ghislain Blanchard | Director General | 819-953-4657 | ghislain.blanchard@otc-cta.gc.ca |
Corporate Management | Linda Harrison | Director General | 819-997-6764 | linda.harrison@otc-cta.gc.ca |
Finance, Administration and Planning | Michel LeBlanc | Director | 819-953-2829 | michel.leblanc@otc-cta.gc.ca |
Communications | Jacqueline Bannister | Director | 819-953-7666 | jacqueline.bannister@otc-cta.gc.ca |
Secretariat | Cathy Murphy | Secretary | 819-997-0099 | cathy.murphy@otc-cta.gc.ca |
Postal address: Canadian Transportation Agency
Ottawa, Ontario, Canada K1A 0N9
Website: http://www.otc-cta.gc.ca/
The Agency is responsible for the following Act:
Canada Transportation Act (S.C., 1996, c. 10, as amended)
The Agency shares responsibility for the following Acts:
Access to Information Act (R.S.C., 1985, c. A-1)
Canada Marine Act (S.C., 1998, c. 10)
Canadian Environmental Assessment Act (S.C., 1992, c. 37)
Civil Air Navigation Services Commercialization Act (S.C., 1996, c. 20)
Coasting Trade Act (S.C., 1992, c. 31)
Energy Supplies Emergency Act (R.S.C., 1985, c. E-9)
Financial Administration Act (R.S.C., 1985, c. F-11)
Official Languages Act (R.S.C, 1985, c. 31 (4th Supp.))
Pilotage Act (R.S.C., 1985, c. P-14)
Privacy Act (R.S.C., 1985, c. P-21)
Public Service Modernization Act (S.C., 2003, c. 22)
Railway Relocation and Crossing Act (R.S.C., 1985, c. R-4)
Railway Safety Act (R.S.C., 1985, c. 32 (4th Supp.))
Shipping Conferences Exemption Act, 1987 (R.S.C., 1985, c. 17 (3rd Supp.))
The Agency has sole responsibility for the following regulations:
Air Transportation Regulations
Canadian Transportation Agency Designated Provisions Regulations
Canadian Transportation Agency General Rules
Personnel Training for the Assistance of Persons with Disabilities Regulations
Railway Costing Regulations
Railway Interswitching Regulations
Railway Third Party Liability Insurance Coverage Regulations
Railway Traffic and Passenger Tariffs Regulations
Railway Traffic Liability Regulations
The Agency shares responsibility for the following regulations:
Carriers and Transportation and Grain Handling Undertakings Information Regulations
Railway Company Pay Out of Excess Revenue for the Movement of Grain Regulations
The Jacques-Cartier and Champlain Bridges Inc. Regulations
The Seaway International Bridge Corporation, Ltd. Regulations
These Acts and Regulations are available on the Department of Justice website, and are accessible through the Legislation and Regulations section of the Agency's website.
[1] "Type" is categorized as follows: Previously committed to—committed to in the first or second fiscal year before the subject year of the report; Ongoing—committed to at least three fiscal years before the subject year of the report; and New—newly committed to in the reporting year of the Departmental Performance Report
[2] Commencing in the 2009–10 Estimates cycle, the resources for Program Activity: Internal Service is displayed separately from other program activities; they are no longer distributed among the remaining program activities, as was the case in previous Main Estimates. This has affected the comparability of spending and FTE information by program activity between fiscal years.