ARCHIVED - Registry of the Specific Claims Tribunal of Canada - Report

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Deputy Head’s Message

It is my pleasure to present the 2010–11 Departmental Performance Report for the Registry of the Specific Claims Tribunal. The Registry’s role is to provide services for the efficient and effective administration of the Specific Claims Tribunal, while protecting the Tribunal’s independence.

The Registry continued its effort to complete work to establish the administrative services needed to support Tribunal activities and to ensure transparency, accountability and fairness in Registry operations. Support also continued to be provided to the Tribunal in the development of its Rules of Procedure and Practice Directions.

The Registry now has the basic infrastructure in place to provide the support required by Tribunal members and First Nations to accept the filings of claims. As soon as the Rules of Procedure and Practice Directions are established, the Registry will communicate them to all interested parties, and First Nations will then be able to start filing claims.

The financial and human resources allocated to the Registry were adequate for this year but there is a high probability that they will not be enough to support the processing of many claims in future years. The Registry will have to wait until the Tribunal has processed a number of claims before it can prepare an informed assessment of the resources and time required to process an average claim.

A number of challenges remain but activities undertaken over the year ensure the Registry is well placed to deliver on its core mandate of providing administrative services to support the Specific Claims Tribunal in the disposition of specific claims.

 

Section I: Departmental Overview

Raison d’être

Responsibilities

The Registry of the Specific Claims Tribunal supports all aspects of the Tribunal’s work to ensure that the Tribunal can hold hearings. As the repository for filing claims and for all documents and orders for all claims brought before the Tribunal, the Registry is responsible for providing First Nations with efficient registry services:

• intake and tracking of submitted claims;
• managing the logistics of proceedings;
• processing warrants, subpoenas, and writs;
• managing information and records; and
• providing services to the public in both official languages.

These services support the independent resolution of claims fairly, without delay, and with an efficient, effective and economic application of resources. The Registry must exercise these functions in a manner that protects the administrative and adjudicative independence of the Specific Claims Tribunal. Independence is central to the role of the Specific Claims Tribunal and its ability to resolve claims fairly.

Although the Registry’s offices are located in Ottawa, it provides services throughout Canada to Tribunal Members, First Nations, the Crown and the public.

Strategic Outcome and Program Activity Architecture

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Program Activity Descriptions

Registry Services

These services facilitate timely access to the Specific Claims Tribunal through client service, quality of advice, efficient and timely processing of claims, and unbiased service delivery.

Internal Services.

Internal Services are groups of related activities and resources that are administered to support the needs of programs and other corporate obligations of an organization.

Organizational Priorities

Performance/Priority Status Legend

Met all: 100 per cent of the expected level of performance (as evidenced by the indicator and target or planned activities and expected outputs) for the expected result or priority identified in the corresponding Report on Plans and Priorities (RPP) was achieved during the fiscal year. Mostly met: 80 to 99 per cent of the expected level of performance (as evidenced by the indicator and target or planned activities and expected outputs) for the expected result or priority identified in the corresponding RPP was achieved during the fiscal year.

Priority	Type	Strategic Outcome
Implement and configure an electronic registry and case management system.	Previously committed to	Efficient administration of the Specific Claims Tribunal
Status: Mostly met
The Registry acquired a records management system and narrowed down the concept of a case management module and an electronic registry. A major consideration in the decision is that claims can be filed from any part of the country and Tribunal members will probably be located in chambers provided by their provincial superior court. Staff members were trained on the records management portion of the project. A consultant is assisting with the final phase of the implementation of the system.

Priority	Type	Strategic Outcome
Support Tribunal Members in drafting rules of practice and procedure.	Previously committed to	Efficient administration of the Specific Claims Tribunal
Status: Met all
A prerequisite for the proper operation of the Tribunal, official rules of procedure describe to the parties the steps to follow to file documents and the litigation process associated with the processing of a claim before the Tribunal. The Registry provided Tribunal members full support in terms of human and financial resources for the drafting of the Rules of Procedure and Practice Directions.

Priority	Type	Strategic Outcome
Implement communication plan to increase awareness of the Tribunal and its activities and procedures.	Ongoing	Efficient administration of the Specific Claims Tribunal
Status: Met all
The Registry used a number of communications media such as interviews with journalists, speaking engagements and an enhanced website to increase the awareness of the Tribunal. These activities were key in the early stages of the existence of the Tribunal because they answered a lot of questions and informed interested parties on developments at the Tribunal.

Priority	Type	Strategic Outcome
Development of work descriptions and staffing for Registry positions.	Ongoing	Efficient administration of the Specific Claims Tribunal
Status: Met all
An adequate complement of staff was hired during the year. The Registry completed seven staffing processes and five job descriptions during the year.

Priority	Type	Strategic Outcome
Development of student work programs.	New	Efficient administration of the Specific Claims Tribunal
Status: Met all
The organization has been hiring students for the last two years and is planning to continue doing so. Hiring students is an efficient way to identify potential indeterminate employees and ensure continuity in the level of service provided to the parties and Tribunal members.

Priority	Type	Strategic Outcome
Delivery of training including cultural, values and ethics, and professional developmental.	New	Efficient administration of the Specific Claims Tribunal
Status: Met all
A well-trained workforce must be in place to support the work of the Tribunal when the doors officially open to accept filings. Training plans were developed at the beginning of the year and funding was set aside to support staff in the completion of their training.

Priority	Type	Strategic Outcome
Development of a succession plan to ensure that the Registry has a pool of qualified candidates to fill critical positions as they become vacant.	Ongoing	Efficient administration of the Specific Claims Tribunal
Status: Mostly met
The Registry started discussions with some provincial court administration services to develop service-level agreements for them to provide services to Tribunal members working from their provincial superior court chambers. This initiative will expand the number of qualified employees who can provide assistance to the parties on various aspects of the claims process.

Priority	Type	Strategic Outcome
Completion of a business continuity plan to ensure that Registry services are not disrupted by unforeseen events.	Ongoing	Efficient administration of the Specific Claims Tribunal
Status: Mostly met
To meet the requirements of Treasury Board’s Management of Information Technology Security policies and establish a plan to support the work of the Tribunal in an emergency, an information technology back-up solution was implemented and short-term staffing strategies were identified in the Business and Human Resources Plan.

Risk Analysis

The workload of the Tribunal arises from the decisions and activities of other parties. Claims may be submitted to the Specific Claims Tribunal only after they have been submitted to the Specific Claims program at Aboriginal Affairs and Northern Development Canada.

Another risk that the Registry faces relates to the relative workload associated with processing claims. The Registry can only estimate how many claims will be brought to the Tribunal, the true number will depend on the prerogative of First Nations. This creates a risk that a substantially greater number of claims will be brought to the Registry than anticipated. This risk will be heightened until the Registry has baseline information for an accurate assessment of the resources and time required to process an average claim. A large volume of claims could deplete Registry resources, and additional financial support may need to be sought to ensure claims are processed in a timely manner.

The small complement of the Registry also creates risks associated with continuity of operations should people in key positions leave the organization.

Summary of Performance

2010-11 Financial Resources ($ thousands)

Planned Spending	Total Authorities	Actual Spending
2,840	2,871	2,165

2010-11 Human Resources (FTEs)

Planned	Actual	Difference
17	9.2	7.8

Strategic Outcome : Efficient administration of the Specific Claims Tribunal

Performance Indicators	Targets	2010-11 Performance
A Registry that is staffed with qualified individuals capable of providing corporate and registry services in an efficient and effective manner.	Completion of Registry staffing processes. Completion of business continuity and succession plans. Delivery of developmental staff training. Creation of student work programs. Administer Registry within financial allocation.	In 2010–11, the Registry established operations—including staffing, information technology and administrative procedures—in preparation for the Tribunal opening its doors in June 2011. The financial and human resources allocated to the Registry were adequate for this year.
An electronic Registry that utilizes technology to introduce efficiencies and overcome logistical challenges associated with administering a national tribunal.	Operational electronic registry and case management system. Implementation of communications plan.	The website of the organization has been enhanced to become the main tool used to communicate with stakeholders. It also forms the basis of the case management system.
Engagement and outreach enabling clients and the public to have sufficient information—and input into—Tribunal activities, practices and procedures.	Engage stakeholders in support of developing rules of practice and procedure. Informed and engaged clients and public.	An advisory committee was created to provide advice and feedback on the draft Rules of procedure.

Program Activity	2009-10 Actual Spending ($ thousands)	2010-11 ($ thousands)				Alignment to Government of Canada Outcomes
		Main Estimates	Planned Spending	Total Authorities	Actual Spending
Registry Services	881	1,250	1,250	1,263	1,392	A vibrant Canadian culture and heritage

Program Activity	2009-10 Actual Spending ($ thousands)	2010-11 ($ thousands)
		Main Estimates	Planned Spending	Total Authorities	Actual Spending
Internal Services	1,121	1,590	1,590	1,608	773

Expenditure Profile

Departmental Spending Trend

($ thousands)

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Expenses in 2010–11 were slightly higher than 2009–10 but considerably lower than the total authorities allocated to the Registry for the fiscal year. The gap stems from the fact that no resources were required to process cases in 2010-11 because the Tribunal only began accepting cases in June 2011.

Estimates by Vote

For information on the Registry’s organizational votes and/or statutory expenditures, please see the 2010–11 Public Accounts of Canada (Volume II) publication. An electronic version of the Public Accounts is available on the Public Works and Government Services Canada website.

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