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ARCHIVED - RPP 2007-2008
Canadian International Trade Tribunal


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SECTION I—OVERVIEW

Chairperson’s Message

I am pleased to present the Report on Plans and Priorities (RPP) for the Canadian International Trade Tribunal (the Tribunal) for 2007-2008.

The Tribunal’s mandate is to provide fair, timely and effective disposition of international trade cases and government-mandated inquiries in various areas of the Tribunal’s jurisdiction. The Tribunal conducts inquiries into complaints relating to unfair trade (i.e. dumping and subsidizing), requests for protection from import competition (safeguards) and complaints regarding federal government procurement. The Tribunal hears appeals from decisions of the Canada Revenue Agency (CRA) and the Canada Border Services Agency (CBSA). In its advisory role, the Tribunal undertakes general economic inquiries and tariff references for the Minister of Finance or the Governor in Council. In so doing, the Tribunal contributes to Canada’s competitiveness.

Today, Canadian businesses operate in a global economy that is becoming increasingly complex and competitive. Global supply chains and new ways of doing business have blurred the traditional distinctions among and the interests of producers, importers and purchasers. This blurring of distinctions and interests has made the trade remedies work of the Tribunal more challenging. Within Canada, the Federal Accountability Act has placed a focus on the core values of openness, transparency and fairness, highlighting the importance of the work of administrative agencies like the Tribunal that provide redress mechanisms. This year, the Tribunal expects to allocate more of its resources to the review of procurement complaints. These reviews should also be under more scrutiny, given the Government’s commitment to openness, transparency and fairness in procurement practices.

The main priority of the Tribunal is to ensure the fair, timely and effective disposition of the cases and inquiries before it. In 2007-2008, the theme of the supporting priorities is “continuous improvement”—as the Tribunal targets initiatives under three broad categories: improved service delivery, sound management practices and investing in our people.

The Tribunal remains committed to advancing government-wide priorities to improve the accountability and transparency of government operations. To this end, the Tribunal will strive to more fully integrate the principal elements of its key management frameworks, including the Management Accountability Framework (MAF), HR Modernization and Service Improvement, in the coming year. The Tribunal has been working with the Treasury Board Secretariat (TBS) to establish options and sources for peak funding. In 2007-2008, the Tribunal expects to establish a mechanism to address peak pressures.

Pierre Gosselin

Management Representation Statement

I submit, for tabling in Parliament, the 2007-2008 RPP for the Tribunal.

This document has been prepared based on the reporting principles contained in the Guide for the Preparation of Part III of the 2007-2008 Estimates: Reports on Plans and Priorities and Departmental Performance Reports.

• It adheres to the specific reporting requirements outlined in the TBS guidance;

• It is based on the Tribunal’s Strategic Outcome and Program Activity Architecture structure that were approved by the TBS;

• It presents consistent, comprehensive, balanced and reliable information;

• It provides a basis of accountability for the results achieved with the resources and authorities entrusted to it; and

• It reports finances based on approved planned spending numbers from the TBS in the RPP.

Julia Ginley
Director
Management Services

Legislative Context

The Tribunal acts as an independent, quasi-judicial, decision-making body that is accountable to Parliament, through the Minister of Finance. Tribunal members are appointed by Order in Council for a fixed term. At present, the Tribunal is composed of seven members, including a chairperson and two vice-chairpersons. The Tribunal is supported by a permanent staff of 87 people, responsible for court registry functions, the research and investigation of cases, legal services to the Members and staff, and corporate services. The Tribunal derives its authority from the Canadian International Trade Tribunal Act (CITT Act)—which received Royal Assent on September 13, 1988—, the Special Import Measures Act (SIMA), the Customs Act, and the Excise Tax Act.

Under the CITT Act, the Tribunal is empowered, on complaint by an interested party or as directed by the government, to carry out import safeguard inquiries into rapid increases in foreign imports (including through special procedures for imports specifically from the People’s Republic of China [China]) and to formulate recommendations to the government for dealing with such imports. Under SIMA, the Tribunal conducts inquiries into whether dumped and/or subsidized imports have injured Canadian manufacturers. Pursuant to the Customs Act, the Excise Tax Act and SIMA, the Tribunal is empowered to deal with appeals from decisions of the CRA and the CBSA on various customs and excise matters. With the implementation of the North American Free Trade Agreement (NAFTA), the Tribunal’s mandate was expanded to include reviewing bid challenges on federal government procurement matters. The Tribunal has also been designated as the bid challenge authority under the Agreement on Internal Trade (AIT) and the World Trade Organization (WTO) Agreement on Government Procurement (AGP).

Tribunal’s Mission

The Tribunal’s mission is to provide a fair, accessible and efficient trade remedies system to Canadians and to offer the government, through the Tribunal’s fact-finding inquiries and standing reference, its best advice so that it can formulate strategies for making the Canadian business sector better able to provide jobs and growth in today’s globalized commercial environment.

In its quasi-judicial role, its caseload is comprised of:

• Unfair trade cases—inquiries under SIMA into whether dumped or subsidized imports have caused or are threatening to cause injury to a Canadian industry

• Safeguard cases—inquiries into whether the rapid build-up of imports from China, or from around the world, is causing injury to a Canadian industry

• Appeals of decisions of the CBSA made under the Customs Act and SIMA and appeals of decisions of the CRA under the Excise Tax Act

• Bid challenges—inquiries into complaints by potential suppliers concerning federal government procurement under NAFTA, the AIT and the AGP

The Tribunal also plays an advisory role for the government by conducting general economic inquiries and references, in particular:

• Tariff and general economic inquiries referred by the government, i.e. inquiries and advice on such economic, trade and tariff issues as are referred to the Tribunal by the Governor in Council or the Minister of Finance

• Standing tariff references from the Minister of Finance, i.e. investigations into requests from Canadian producers for tariff relief on imported textile inputs that they use in their production

More detailed information on the Tribunal is available on its Web site at www.citt-tcce.gc.ca.

Benefits to Canadians

Canadians benefit from the Tribunal through:

• Access to fair and efficient processes for investigating complaints of injury from unfairly traded imports;

• Inquiries into complaints of injurious competition from rapidly increasing imports;

• Access to a fair and efficient process for investigating complaints on any aspect the federal government procurement process relating to designated contracts;

• Reliable economic and trade analysis and advice for the government’s policy-making function; and

• Ultimately, a fair and open trading system for individual Canadians and the Canadian business sector.

Challenges and Risks

Overall, the Tribunal delivers an indispensable trade adjudication service in the face of an increasingly complex environment. Specific challenges and risks include:

• Ensuring Information Technology (IT) Availability and Reliability

Access to reliable IT is crucial for the Tribunal to maintain the quality of findings, determinations and recommendations within prescribed deadlines. The integrity of the network environment, including the security environment, must be regularly assessed to ensure that it continues to conform to government-wide policies and standards. Service improvements must also be made to ensure that technology keeps pace with operational demands, such as demands for greater electronic access. The Tribunal completed an IT architecture review in 2006-2007 to identify issues relating to the existing architecture and its ability to support the overall business vision. Based on the results of this review, an IT strategy aligned with the future vision will be developed, and implementation will commence in 2007-2008. Furthermore, access to ongoing resources (i.e. staff time, funding), required to maintain the IT architecture and to provide service improvements, poses a challenge and potential risk to ensuring IT availability and reliability.

• Maintaining Quality of Service and Meeting Legislative Timelines During Periods of Intense Workload

Most cases before the Tribunal are governed by tight legislative or government-mandated timelines. In 2007-2008, the Tribunal will request funding to ensure continuity during peaks in caseload. In the current environment where cases are becoming increasingly litigious, a growing challenge for the Tribunal is to ensure that statutory deadlines are met and that the quality of its findings, determinations and recommendations are not compromised, particularly during peaks in caseload. The Tribunal requires a more flexible resource model to effectively respond to peaks in caseload.

• Knowledge Transfer

The planned departures of several key senior employees will pose human resource management challenges in the coming year. The Tribunal’s work requires special skills and knowledge, which are acquired over a number of years. Trainees and junior staff require timely access to orientation and training programs to expedite the knowledge transfer process.

Maintaining continuity in the Tribunal’s corporate knowledge requires a sustained focus on training, recruitment and succession planning. HR Modernization places a greater responsibility on organizations to ensure that employees receive the training necessary for them to meet the current and future demands of the organization. Integrated business and HR planning will be used to help identify optimal strategies and activities for recruitment, retention, learning and succession.

• Maintaining Adequate Protection of Information in an Electronic Environment

The Tribunal exercises extreme caution in the use and distribution of confidential information given the serious and significant financial injury that could be caused by inappropriate dissemination and use of such information.

A move towards increased electronic exchange of information, including e-filing, places greater emphasis on the need for secure file transfer. Similarly, increased use of electronic tools in Tribunal proceedings also raises concerns as to how to adequately protect electronic information to be made available to counsel.

Increased demand for telework arrangements requires that steps be taken to ensure that the network is secure for remote access. The Tribunal continues to take the necessary steps to ensure the security of electronic systems before developing and implementing them.

Stakeholder Expectations

The Tribunal must strive to meet the expectations of a wide range of stakeholders, including:

• Parties—Litigants include domestic producers, exporters, importers and consumer groups. They typically want responsive service, timely processing of cases, information about cases and access to Tribunal files.

• Counsel—Lawyers and trade consultants who represent parties want responsive service and access to case files, decisions and staff reports. They also expect the information to be provided to them by the Tribunal in hard copy and electronic format.

• Governor in Council/Minister of Finance—As noted above, the government looks to the Tribunal for reliable economic and trade analysis and advice, usually within compressed time frames and relies on the Tribunal for the purpose of meeting Canada’s trade obligations.

• Public—At the highest level, Canada’s business sector and its trading partners throughout the world expect a fair and open trading system, and Canadians expect a more competitive Canadian industry in the global trade environment, as well as competitive prices.

• Suppliers to Federal Government and Government Institutions—Suppliers expect fair and impartial decisions relating to procurement complaints and recommendations to improve procurement practices.

Canadian International Trades Tribunal

Departmental Plans and Priorities

As in previous years, the Tribunal’s overarching objective is to carefully consider and fairly decide cases within the tight deadlines imposed by legislation. In 2007-2008, the supporting priorities reflect many of the overall government-wide priorities. The specific initiatives include both program and management priorities captured under three categories: improved service delivery, sound management practices and investing in our people.

These priorities are summarized in the chart below and discussed in further detail in the text that follows. The associated resources are also summarized below.

Tribunal’s Priorities

Tribunal'S Priorities

Summary Information on the Tribunal’s Priorities


Strategic Outcome

Fair, timely and effective disposition of international trade cases and government-mandated inquiries in various areas of the Tribunal’s jurisdiction


Financial Resources ($ thousands)


2007-2008

2008-2009

2009-2010

10,682

10,062

10,062


Human Resources (FTE)


2007-2008

2008-2009

2009-2010

94

94

94


Departmental Priorities


         
 

Type

Planned Spending ($ thousands)

2007-2008

2008-2009

2009-2010

Process Cases Within Legislative Deadlines—Quality Standards

Ongoing

9,422

9,427

9,427

Sound Management Practices

Ongoing

80

60

60

Improve Service Delivery

Ongoing

1,120

500

500

Invest in Our People

Ongoing

60

75

75


- Process Cases Within Legislative Deadlines—Quality Standards

The Tribunal’s overriding priority continues to be to hear cases and make sound decisions expeditiously on matters that fall within its jurisdiction within prescribed deadlines. In doing so, the Tribunal will strive to maintain the quality of its findings, determinations and recommendations.

Stakeholders’ level of satisfaction with the Tribunal’s procedures and guidelines entails a number of considerations such as the response time with regard to requests for information, the effectiveness of the Tribunal’s procedures, and the overall efficiency of the adjudication process. Some years ago, at the request of the Commodity Tax Committee of the Canadian Bar Association (CBA), the Tribunal established a Bench and Bar Committee (the Committee). The Committee serves as a forum to discuss procedural issues of common interest. It is composed of lawyers nominated by the CBA, Department of Justice lawyers and trade consultants invited by the Tribunal. Meetings of the Committee provide an opportunity for participants to present their views and concerns about the Tribunal’s processes and procedures and proposed changes. The Committee typically holds one meeting during the fiscal year.

The Tribunal also seeks the views of stakeholders on new procedures prior to their implementation by distributing draft guidelines and practice notices. The process is typically to issue the guideline in draft form, to solicit and receive comments from interested parties, and then to discuss the matter with the Committee. These consultative mechanisms allow the Tribunal to remain accessible to various groups of litigants and to take advantage of their points of view on procedures and processes.

In 2007-2008, the Tribunal will request funding to ensure continuity during periods of intense workload. In the current environment where cases are becoming increasingly litigious, a growing challenge for the Tribunal is to ensure that statutory deadlines are met and that the quality of its findings, determinations and recommendations are not compromised, particularly during peaks in caseload. The Tribunal requires a more flexible resource model to effectively respond to peak pressures. The Tribunal has been working with the TBS to establish options and sources for peak funding. In 2007-2008, the Tribunal expects to establish a mechanism to address periods of intense workload.

- Sound Management Practices

Support to overall government-wide management accountability priorities, including the commitments recently introduced under the new Federal Accountability Act, will continue to be a priority for the Tribunal in 2007-2008. The Tribunal will continue to support Public Service Modernization and, this year, will strive to more fully integrate the principal elements of its key management frameworks, including the MAF, HR Modernization and Service Improvement. Specific priorities for the upcoming fiscal year include:

• Refine Performance Reporting Framework

In 2006-2007, the Tribunal made significant progress in establishing a framework for accountability and improving its ability to align resources, program activities and results. This progress was reflected in the results of the most recent MAF assessment. In 2007-2008, the Tribunal will continue to refine its performance framework to strengthen the link between results and program spending. The results of the financial audit conducted in 2006-2007 will also be implemented this year to strengthen comptrollership and oversight.

• Integrate Business, HR and IT Planning

The integration of business and HR planning provides the context this year for assessing and understanding the current and future needs of the Tribunal. The objective for 2007-2008 is to more fully integrate HR and business planning with IT planning to ensure that both human and technology resources are well aligned to business goals and objectives. The Tribunal completed an IT architecture review in 2006-2007 to identify issues relating to the existing architecture and its ability to support the overall business vision. Based on the results of this review, an IT strategy aligned with the future vision will be developed, and implementation will commence in 2007-2008.

• Ensure Compliance with Government-wide Security Policy

The Tribunal will develop the programs and build the systems necessary to ensure that it fully complies with the government-wide security policy, including information, technology, physical and personnel security. Compliance with the Management of Information Technology Security (MITS) policy will be measured to ensure that the Tribunal has the appropriate safeguards in place to preserve the confidentiality, integrity, availability, intended use and value of electronically stored, processed or transmitted information. This includes the assets used to gather, process, receive, display, transmit, reconfigure, scan, store or destroy information electronically. The Tribunal will also focus on increasing the level of awareness of employees of their security responsibilities in the protection of sensitive information and assets.

Business continuity planning will also be a priority. The Tribunal will ensure that the appropriate procedures are in place, including the establishment of planned, backup and recovery procedures, to reduce the frequency and duration of business interruptions. A governance framework for business continuity planning will be established to undertake a business impact assessment, develop recovery options and plans, and conduct ongoing testing and validation to ensure readiness.

• Leverage Shared Service Arrangements

The Tribunal is committed to supporting government-wide objectives to transform administrative services to reduce costs and improve service delivery. The Tribunal is currently very engaged in and working with the Small Agencies Administrators’ Network (SAAN) to develop shared arrangements suitable for the small agency environment. In 2007-2008, the Tribunal will continue to work with the SAAN to identify opportunities to improve the quality of internal services for managers and employees and to better support them in achieving their program goals.

- Improve Service Delivery

Continuous improvement in service delivery remains a priority for the Tribunal. In 2007-2008, the focus of improved service delivery will be on enhanced use of information technology to provide better, faster and more efficient service delivery—both internally and to parties and their counsel. The focus over the next fiscal year will be on a few key strategic projects:

• Ensure Optimum Performance of IT Architecture

In 2007-2008, the Tribunal will undertake a number of projects, based on results of the assessment conducted in 2006-2007, to ensure that its existing IT architecture is operating at optimum performance and in accordance with government-wide policies and standards. Web components and architecture will be improved, including a restructuring of the Internet and intranet sites, to ensure a stable and reliable Web environment. In addition, improvements will be made to ensure that the network environment continues to be secure and reliable for both in-house and remote users.

• Increased Use of Electronic Information

There is an increased expectation across administrative tribunals for electronic exchange of information and e-filing with parties, other departments and agencies, counsel and other courts, such as the Federal Court of Canada. The Tribunal continues to look for opportunities to increase the use of electronic information to improve service delivery. In 2007-2008, the Tribunal will focus on identifying options to provide e-filing and electronic sharing of information with parties. For example, the Tribunal will explore options to enable parties to submit completed questionnaires online. This could substantially reduce the amount of paper to be distributed to parties and interested parties. It would also allow the Tribunal to process responses to questionnaires more efficiently and effectively.

Opportunities will also be explored to improve the use of the Web site to communicate and distribute information and documentation. For example, the Tribunal intends to provide secure access to the administrative record, for SIMA cases, to counsel and Tribunal staff through its Web site.

The Tribunal will continue to improve the efficiency and effectiveness of the case management process. Full e-filing of case-related information remains a priority of the Tribunal once confidentiality and legal issues have been resolved.

• Improve Internal Services

Information management is key to delivering effective, efficient and reliable internal services. The Tribunal will continue its work in implementing the requirements of the Policy on the Management of Government Information. In 2006-2007, the Tribunal completed a new classification model for internal services. In 2007-2008, the Tribunal will initiate a project to implement a new records management system for corporate information. This initiative will include the management of corporate documents in both paper and electronic formats (excluding case files).

In 2006-2007, the Tribunal obtained funding to replace the outdated audio system in the hearing rooms. More up-to-date technology will be implemented in 2007-2008, thus increasing the reliability of the audio system and minimizing the risk of disruption to hearings.

- Invest in our People

HR Modernization is changing the way in which government hires, manages and supports its public service employees. In 2006-2007, the Tribunal focused its HR activities on the implementation of the mandatory requirements of the new Public Service Modernization Act. This year, the priority will be to integrate the vision and intent of HR Modernization into day-to-day HR services. Specific priorities for the upcoming fiscal year include:

• Reinforce a Values and Ethics Culture

The Tribunal recognizes values and ethics as one of the pillars of management accountability and is committed to raising employee awareness of values and ethics in the Public Service. In 2007-2008, the Tribunal will develop and implement a values and ethics program to guide staff in their professional activities.

• Improve Recruitment and Retention

The Tribunal will continue to assess its recruitment and retention approaches and strategies, including implementing an approach for transferring Tribunal values and corporate knowledge to new staff. A key priority this year will be to obtain a better understanding of the concerns raised by employees in the recent Public Service Employee Survey and to develop an effective strategy to address these concerns. Improvements in well-being in the workplace are expected to improve retention, as well as attract other public servants once the Tribunal is recognized as an employer of choice.

• Implement a Learning Strategy

Initiatives aimed at ensuring employees have the skills required to meet the current and future requirements of the Tribunal continue to be a priority. In 2006-2007, the first step was taken to develop and implement a comprehensive learning and development framework for the Tribunal. The Tribunal undertook a review of the learning policies and practices of other agencies, as well as an assessment of organization-wide learning needs, to develop a learning strategy for the organization. In 2007-2008, the focus will be on the implementation of the learning strategy, in particular the development of individual learning plans and the integration of these plans with the overall HR planning exercise. The Tribunal will also continue to develop and deliver in-house training seminars and programs and will establish a virtual library of in-house training seminars and other training materials to transfer institutional knowledge and values to new staff. The in-house orientation program will be completed and made available on the intranet as a way for new staff to increase their knowledge of the Tribunal and gain a sense of belonging during their initial days at the Tribunal.

Link to the Government of Canada Outcome Areas

The table below illustrates how the Tribunal’s program activities linked to the Government of Canada Outcome Areas, as defined by the “whole of government framework”.


Strategic Outcome

Program Activity

Link to Government of Canada Outcome Area

Fair, timely and effective disposition of international trade cases and government mandated inquiries in various areas of the Tribunal’s jurisdiction

Adjudication of trade cases (quasi-judicial role)

• Strong economic growth

• Fair and secure marketplace

• A strong and mutually beneficial North American partnership

• A prosperous Canada through global commerce

General economic inquiries and references (advisory role)

• Strong economic growth

• Fair and secure marketplace

• A strong and mutually beneficial North American partnership

• A prosperous Canada through global commerce