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SECTION 2: ANALYSIS OF PROGRAM ACTIVITIES BY STRATEGIC OUTCOME

2.1 Strategic Outcome

The NAFTA Secretariat, Canadian Section, has one strategic outcome: a highly efficient, impartial and rules-based international trade dispute resolution process that benefits Canadian exporters to NAFTA countries, as well as NAFTA country exporters doing business in Canada . Our strategic outcome is directly aligned with one of the Government of Canada’s outcomes, which is “A Strong and Mutually Beneficial North American Partnership” (see Section 3.2 for Organization Link to Government of Canada’s Outcome Areas).

2.2 Program Activity

The NAFTA Secretariat, Canadian Section, has one program activity: administration of international trade dispute settlement mechanisms.

Table 1 shows priorities by our key program activity . In accordance with Treasury Board Secretariat requirements, the NAFTA Secretariat, like other Government of Canada departments, agencies and Crown corporations, has an Internal Services as an additional Program Activity Architecture (see Section 4.1 for details).


Table 1: Priorities by Program Activity
Program Activity Planned Activities Planned Spending
Administration of International
Trade Dispute Settlement Mechanisms
  • Provide procedural advice
  • Provide administrative support
  • Apply fair and equitable administrative process
  • Provide timely access to case documents
  • Continue collaborative undertakings with delivery partners
  • Continuous improvement of information management
  • Continuous learning and organizational learning
  • Provide corporate reporting to central agencies
  • Review of agency’s policies
  • Improvement of the Registry Information System and website
3,004,000

The two tables below show information on planned spending on financial and human resources over the coming three-year period.


Financial Resources:
2008-2009 2009-2010 2010-2011
$3,004,000 $3,004,000 $3,004,000



Human Resources:
2008-2009 2009-2010 2010-2011
13 FTEs 13 FTEs 13 FTEs

To achieve its strategic outcome through proper administration of its key program activity, the NAFTA Secretariat, Canadian Section has established the following priorities:

2.2.1 Improved administrative support to panels and committees to ensure the just, speedy and inexpensive dispute settlement processes

Fundamental to the effectiveness of the NAFTA Secretariat is its arms length relationship with the three national governments that are Parties to the Agreement. This independence allows it to offer impartial guidance, accurate information and timely administrative support to the panels of experts who hear and decide on cases brought before them. The major tasks includecase management, administrative, technical and logistical support to panels and committees, including the administration of a court-like registry at a level comparable to other registries of superior courts of record in Canada.

2.2.2 Foster better collaboration with delivery partners in the administration of trade disputes

Collaboration with the other national sections in joint administration of panels as well as in joint development of policies and programs aimed at facilitating the operations of the dispute resolution processes is of paramount importance in fulfilling the mandate of the NAFTA Secretariat. To this end, the Canadian Section will continue its coordination and collaborative endeavour with the other national sections in joint policy and systems development as well as in the joint administration of dispute settlement panels.

2.2.3 Continuous improvement of information management

This year the NAFTA Secretariat, Canadian Section will fully implement the Policy on Information Management. To achieve this objective, the Secretariat must ensure that all essential information management components are in place for the implementation of the information management framework. Initially, we will continue our efforts to improve the file classification plans. Then we will implement an electronic document and records management system for our corporate records.

2.2.4 Increased human resources management to ensure the retention and development of a professional workforce

As a specialized small agency, the Secretariat constantly faces the risk of losing key employees as few lateral career opportunities exist and as a range of tasks are to be performed by a small number of people. Therefore, constant interaction and leadership is required to make certain that the Secretariat employees acquire new skills while at the same time ensuring that all employees maintain a strong sense of commitment and support to the Secretariat. We strongly believe that NAFTA Secretariat’s credibility and success are based largely on its capacity to build and maintain a professional workforce to ensure continuity in its operations. In 2007 we developed a new policy entitled Talent Management in order to address human resources issues facing the organization. The Secretariat will continue to implement its talent management program that encompasses leadership development as well as recruitment , continuous learning, retention and succession planning.

2.2.5 Review of sustainability of the infrastructure to meet information technology and physical assets needs

To maintain our capacity to fulfill our mandate and meet future challenges, this year, we will carry out a detailed analysis of all the assets (furniture, computer equipment, software). The purpose of the exercise will be to develop a strategic asset management framework and introduce a capital plan based on the lifecycle of our assets that takes into account the direct and indirect cost of the assets, as well as affordability. This will be incorporated into the business plan.
Additionally, we will improve and modernize the Registry Information System and the website in order to better serve our clients.

2.2.6 Strategic plan and integrated business and human resources plan

To ensure its future business goals and human resources needs are met effectively, the NAFTA Secretariat, Canadian Section will develop a multi-year strategic plan as well as an integrated business and human resources planning process. This will form the basis for meeting our operational goals, for making sound decisions on employee recruitment and development and for developing capability related to its workforce renewal in order to identify emerging gaps, issues and trends.

2.3 What the priorities mean for Canadians

As one of the world’s most active trading nations, Canada benefits immensely from the existence of agreements to govern trade and especially, the resolution of trade disputes. Since the establishment of the Canada-United States Free Trade Agreement and its successor the North American Free Trade Agreement, Canada has experienced dramatic economic growth that has created hundreds of thousands of jobs for Canadians and contributed to strengthening our national economy. The federal government recognizes that trade policy and trade relations are crucially important to the achievement of Canada ’s economic and social goals. Rules-based international trade dispute settlement system is therefore a crucial part of the “international affairs” framework of the Government of Canada.

2.4 Performance Measurement Strategy

In 1994, in conjunction with the Treasury Board Secretariat, the Canadian Section completed a comprehensive benchmark survey of its services and stakeholders satisfaction. At the completion of each panel review, the Canadian Section has been monitoring the satisfaction with its services by requesting that stakeholders complete a monitoring questionnaire. The most important service qualities that clients are asked to rate include:

  • satisfaction with accuracy, relevance and quality of information;
  • the impartiality of the information provided;
  • provision of guidance by senior staff on the dispute settlement;
  • processes, rules of procedures and code of conduct;
  • accessibility to documents and staff;
  • independence of the Secretariat; and
  • scheduling of panel hearings/panel meetings/conference calls.

This ongoing feedback enables the Section to evaluate its services on an ongoing basis and to maintain its high service standards as well as abide by its guiding principles (see Annex B).

As part of the Management, Resources and Results Structure Policy, we have started the process of reassessing our performance information required for the Program Activity Architecture. Once approved, this will form the basis for evaluating our performances.

On an annual basis, the facilities and processes associated with our quality management system are objectively evaluated by the Canadian General Standards Board to obtain audit evidence and to determine whether the quality activities and related results comply with ISO 9001:2000 requirements. Such audit exercises determines whether or not the NAFTA Secretariat maintains the certification of ISO 9001:2000.

Additionally, the NAFTA Secretariat, Canadian Section assesses its management strength and weaknesses by using performance indicators associated with the Management Accountability Framework. Further, it obtains feedbacks on its program and activities from its employees at regular management meetings and other key strategic planning meetings.

2.5 Key Program

As indicated in Sections 1 and 2 above, the NAFTA Secretariat, Canadian Section, has a single strategic outcome to achieve and one key program activity to administer. The Secretariat principally provides independent professional support to the expert panels that adjudicate countervailing and antidumping duty disputes involving the NAFTA parties. Since its establishment, the Secretariat has become a centre of expertise on the management of the dispute settlement process. It has developed effective and efficient procedures, attracted rosters of highly qualified trade law experts from which panelists are chosen to hear cases, and ensured the smooth administration of the NAFTA’s dispute settlement machinery.

During the 2008-2009 fiscal year, the NAFTA Secretariat will continue to administer all panel proceedings that were filed in prior years and that were still active at the time of writing this report. As well, additional panel reviews could be filed during the planning period. The Registry will process and preserve panel review documents, organize panel hearings, issue panel decisions and orders, while ensuring confidentiality of business proprietary information. Research activities, speedy service and timely communication throughout the life of panel proceedings will also be carried out.