2013-2014 Report on Plans and Priorities

Minister's Message

It is my pleasure to present the 2013–2014 Report on Plans and Priorities of the Transportation Appeal Tribunal of Canada.

The Tribunal is quasi-judicial and it focuses on the independent review of administrative and enforcement actions taken under the Transportation Appeal Tribunal of Canada Act, the Aeronautics Act, the Canada Shipping Act, 2001, the Marine Transportation Security Act, the Railway Safety Act, the Canada Transportation Act, the International Bridges and Tunnels Act and the Canada Marine Act.

Matters that the Tribunal hears include medical cases, the suspension and cancellation of licenses, certificates and other documents of entitlement, the issuance of railway orders and the administration of monetary penalties under various federal statutes.

The Tribunal conducts its Review and Appeal Hearings throughout Canada in accordance with procedural fairness and the rules of natural justice. It provides an accessible, transparent forum for communication and conflict resolution between the federal government and various transportation industry stakeholders. The Tribunal's adjudication process has an immediate effect on the aviation, marine and rail sectors of the country, from coast to coast to coast.

Members are appointed with transportation-specific experience and/or law backgrounds in order to efficiently and effectively address the myriad of issues that the Tribunal encounters. This has allowed the Tribunal to become an expert transportation-related, quasi-judicial review body and has enhanced the credibility and value of its decision making process.

In 2013, it is anticipated that there will be a significant increase in the number of Review and Appeal Hearings based on the economy, enhanced monitoring of the various modes of federally-regulated transportation and the expanded mandate that the Tribunal now has in the marine sector (the Marine Transportation Security Act and the Administrative Monetary Penalties Regulations under the Canada Shipping Act, 2001). In concert with this, there is an increase in  reviews concerning the refusal to issue or amend marine documents.

Along with the expected increase in marine cases, the recruitment and retention of new full time staff and the additional Members required to fulfill the Tribunal's mandate are key challenges that have been identified for the next few years.

Fortunately, an excellent foundation exists with the present dedicated, professional staff and Members, upon which the Tribunal can build on over the next four years.

I remain confident in the ability of the Transportation Appeal Tribunal of Canada to continue to be recognized as a leader in its field, nationally and internationally.

Denis Lebel, P.C, M.P.

Minister of Transport, Infrastructure and Communities

Section I: Organizational Overview

Raison d'être

The mandate and the jurisdiction of the Transportation Appeal Tribunal of Canada ("Tribunal") are provided for by the Transportation Appeal Tribunal of Canada Act. The Tribunal's principal mandate as a multimodal review body is to hold Review and Appeal Hearings at the request of interested parties with respect to certain administrative and enforcement actions taken under various federal transportation Acts.

Responsibilities

The Tribunal provides the national transportation community with the opportunity to have the Minister of Transport's enforcement and licensing decisions reviewed by an independent body.

The Minister's enforcement and licensing decisions may include monetary penalties or the suspension, cancellation, refusal to renew or refusal to issue or amend documents of entitlement on medical or other grounds.

These decisions are reviewed through a two-stage adjudicative process that comprises a Review Hearing and an Appeal Hearing. All Hearings are to be held expeditiously and informally, in accordance with the rules of fairness and natural justice.

At the conclusion of a Hearing, the Tribunal may confirm the Minister's decision, substitute its own decision, or refer the matter back to the Minister for reconsideration.

Strategic Outcome(s) and Program Alignment Architecture (PAA)

Strategic Outcome(s) and Program Alignment Architecture (PAA)

Organizational Priorities

PriorityType[1]Strategic Outcome(s) and/or Program(s) [2]
Hold hearings expeditiously and informally Ongoing To provide the Canadian transportation community with the opportunity to have administrative or enforcement actions under federal transportation Acts reviewed by an independent body.
Description

Why is this a priority?

  • Applicants are entitled to have their cases heard by an independent body.

Plans for meeting the priority

  • Ensure that cases are reviewed promptly.
  • Appoint competent Members to hearings.
PriorityTypeStrategic Outcome(s) and/or Program(s)
Increase awareness of the Tribunal with respect to its mission, mandate, role and results achieved Ongoing To provide the Canadian transportation community with the opportunity to have administrative or enforcement actions under federal transportation Acts reviewed by an independent body.
Description

Why is this a priority?

  • The Canadian transportation community needs to be aware that administrative and enforcement actions issued against them can be reviewed by an independent body.

Plans for meeting the priority

  • Tribunal information accessible to the lay person in a timely manner.
  • Participating in conferences and trade association meetings to enhance citizen engagement and public access to the Tribunal's program.
    • Promoting the Tribunal's program at public events.
    • Building and maintaining communication partnerships with the transportation community to help meet diverse needs.
PriorityTypeStrategic Outcome(s) and/or Program(s)
Recruit additional Members Ongoing To provide the Canadian transportation community with the opportunity to have administrative or enforcement actions under federal transportation Acts reviewed by an independent body.
Description

Why is this a priority?

  • The transportation community must have confidence that administrative and enforcement actions are reviewed in a timely manner by competent Members.

Plans for meeting the priority

  • Identifying potential sources for recruiting new Members with appropriate expertise.
  • Promoting the opportunity to become a Member.

Risk Analysis

The Tribunal's activities are driven by external demands that it can only react to rather than plan for. The Tribunal's main risk is the added pressure on its resources from an increased and unpredictable workload, mainly from more enforcement proceedings from the marine sector.

In addition to further demand for its services, the Tribunal has had to manage ongoing increases in operating costs, such as per diems for Members, hotels, hearing rooms, court reporters, travel charges, IT upgrades and translation costs, while its funding budget has remained stable.

One of the most significant risks is the number of Members available to conduct Hearings and their skill sets. In order to deliver on its mandate and program, the Tribunal needs to have Members with the right mix of skills and talents in the various modes of the transportation sector, as well as legal and medical expertise.

The Tribunal has numerous strategies in place to handle these potential risks. The strategy includes identifying and implementing cost savings opportunities in its operating expenditures in areas such as IT and translation services. The Tribunal is also strengthening its efforts to attract qualified transportation experts to join the Tribunal as Members.

Planning Summary

Financial Resources (Planned Spending — $ thousands)
Total Budgetary Expenditures (Main Estimates) 2013-14 Planned Spending 2013–14Planned Spending 2014–15Planned Spending 2015–16
1,420 1,420 1,423 1,423
Human Resources (Full-Time Equivalents—FTE)
2013–142014–152015–16
12 12 12
Planning Summary Table for Strategic Outcomes and Programs ($ thousands)
Strategic OutcomeProgramActual Spending 2010–11Actual Spending 2011–12Forecast Spending 2012–13[3]Planned SpendingAlignment to Government of Canada Outcomes[4]
2013–142014–152015–16
To provide the Canadian transportation community with the opportunity to have administrative or enforcement actions under federal transportation Acts reviewed by an independent body. Review and Appeal Hearings 1,389 1,375 1,322 1,080 1,083 1,083 A safe and secure Canada.
Sub –Total 1,389 1,375 1,322 1,080 1,083 1,083  
Planning Summary Table for Internal Services ($ thousands)
ProgramActual Spending 2010–11Actual Spending 2011–12Forecast Spending 2012–13Planned Spending
2013–142014–152015–16
Internal Services 343 481 340 340 340 340
Sub –Total 343 481 340 340 340 340
Planning Summary Total ($ thousands)
Strategic Outcome(s) Program(s), and Internal ServicesActual Spending 2010–11Actual Spending 2011–12Forecast Spending 2012–13Planned Spending
2013–142014–152015–16
Total 1,732 1,856 1,662 1,420 1,423 1,423

Expenditure Profile

Departmental Spending Trend

Estimates by Vote

For information on our organizational appropriations, please see the 2013–14 Main Estimates[5] publication.

Section II: Analysis of Program(s) by Strategic Outcome(s)

Strategic Outcome(s)

The Tribunal's strategic outcome is to provide the Canadian transportation community with the opportunity to have. administrative or enforcement actions under federal transportation Acts reviewed by an independent body.

The Tribunal's only activity is providing an independent review process for the aviation, marine, rail, and bridges and tunnels sectors, by providing document holders with the opportunity to proceed with a Review or Appeal Hearing. The Tribunal represents the only forum ensuring that document holders have access to an independent assessment governed by considerations ofnatural justice. Its role does not overlap with, nor is it duplicated by, any other agency, board, commission or tribunal. It is unique in the national transportation field, in that its function is entirely adjudicative.

Strategic Outcome: to provide the Canadian transportation community with the opportunity to have administrative or enforcement actions under federal transportation Acts reviewed by an independent body.
Performance IndicatorsTargets
% of disposition of Review and Appeal Hearings within 120 days of request for hearing. 100% decisions rendered within 120 days.
% of Members provided with training or refresher courses. 100% of Members provided with training within 120 days of appointment.
% of registry staff provided with training. 100% of staff provided with training at fiscal year-end.
% of decisions published on website. 100% of decisions are published on the website within 120 days of the date of the decision.

Review and Appeal Hearings Program

Program Description

Provides for the operation of an independent tribunal to conduct hearings and to respond to requests from the transportation community for the review of enforcement and licensing decisions made by the Minister of Transport under the following Acts:

When a Review or Appeal Hearing concludes, the Tribunal may confirm the Minister's decision, substitute its own decision, or refer the matter back to the Minister for reconsideration.

Financial Resources ($ thousands)
Total Budgetary Expenditures (Main Estimates) 2013-14 Planned Spending 2013–14Planned Spending 2014–15Planned Spending 2015–16
1,080 1,080 1,083 1,083
Human Resources (Full-Time Equivalent—FTE)
2013–142014–152015–16
9 9 9
Program  Expected ResultsPerformance IndicatorsTargets
Access to an independent assessment governed by considerations of natural justice. Hearings conducted in a timely manner. 100% of decisions rendered within 120 days of a hearing.
Improved awareness and better information among the Transportation community and key stakeholders with respect to the Tribunal's mission, mandate, services and decisions. Tribunal information accessible to the lay person in a timely manner. Ongoing
Participating in conferences and trade association meetings to enhance citizen engagement and public access to the Tribunal's program. Ongoing
Promote the Tribunal's program at public events. Ongoing
Building and maintaining communication partnerships with the Transportation community to help meet diverse needs. Ongoing
Redesigning the Tribunal's website. Tribunal's website updated by March 31, 2013.

Planning Highlights

The Tribunal provides the national transportation community with the opportunity to have the Minister of Transport's enforcement and licensing decisions reviewed by an independent body. The Tribunal aims to render decisions on cases it reviews within 120 days of a Hearing.

Internal Services Program

Program Description

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. Internal Services include only those activities and resources that apply across an organization, not to those provided specifically to a program.

Financial Resources ($ thousands)
Total Budgetary Expenditures  (Main Estimates) 2013-14Planned Spending 2013–14Planned Spending  2014–15Planned Spending 2015–16
340 340 340 340
Human Resources (Full-Time Equivalent—FTE)
2013–142014–152015–16
3 3 3

Planning Highlights

As a micro-organization, the Tribunal relies heavily on third parties for many of its Internal Services. During this fiscal year, a Memorandum of Understanding (MOU) with Transport Canada was established to formalize a service relationship with the Tribunal for the provision of human resources, financial management, accounting, contracting, information management technology, and security services. The MOU clearly describes each party's roles and responsibilities and will enhance the delivery efficiency of these specific services.

Section III: Supplementary Information

Financial Highlights

Future-Oriented Condensed Statement of Operations and Departmental Net Financial Position ($ thousands)
For the Year (ended March 31)
  $ ChangeForecast 2013-14 ($)Estimated Results 2012-13 ($)
Total expenses (213) 1,679 1,892
Total revenues 0 0 0
Net cost of operations before government funding and transfers (213) 1,679 1,892
Departmental net financial position 21 (44) (65)
Future-Oriented Condensed Statement of Financial Position ($ thousands)
For the Year (ended March 31)
  $ ChangeForecast
2013-14
Estimated Results
2012-13
Total net liabilities (37) 128 165
Total net financial assets (12) 72 84
Departmental net debt (25) 56 81
Total non-financial assets (3) 12 15
Departmental net financial position 21 (44) (65)

Future-Oriented Financial Statements

The Tribunal's future-oriented financial statements can be found on its website[13].

Tax Expenditures and Evaluations Report

The tax system can be used to achieve public policy objectives through the application of special measures such as low tax rates, exemptions, deductions, deferrals and credits.  The Department of Finance publishes cost estimates and projections for these measures annually in the Tax Expenditures and Evaluations[14] publication. The tax measures presented in the Tax Expenditures and Evaluations publication are the sole responsibility of the Minister of Finance.

Section IV: Other Items of Interest

Organizational Contact Information

Transportation Appeal Tribunal of Canada
333 Laurier Avenue West
Room 1201
Ottawa, Ontario, K1A 0N5

Telephone: 613-990-6906
Fax: 613-990-9153
E-mail: info@tatc.gc.ca
Web Site: www.tatc.gc.ca


[1]. Type is defined as follows: previously committed to—committed to in the first or second fiscal year prior to the subject year of the report; ongoing—committed to at least three fiscal years prior to the subject year of the report; and new—newly committed to in the reporting year of the RPP or DPR.

[2] The column heading may be modified to read Strategic Outcome and/or Programs, as appropriate.

[3] The amount should reflect the department's best estimates of its cash expenditures—in other words, what the department would expect to see published in the upcoming Public Accounts.

[4] Information on departmental alignment to Government of Canada outcomes is available on the Secretariat's website and can be found at http://www.tbs-sct.gc.ca/ppg-cpr/frame-cadre-eng.aspx.

[5] The 2013-14 Main Estimates publication can be found at http://www.tbs-sct.gc.ca/ems-sgd/esp-pbc/me-bpd-eng.asp

[6] The Aeronautics Act, R.S.C 1985, c. A-2 can be found at http://laws.justice.gc.ca/en/A-2/

[7] The Canada Marine Act 1998, c. 10 can be found at http://laws.justice.gc.ca/eng/C-6.7/

[8] The Canada Shipping Act, 2001, R.S.C. 1985, c. S-9 can be found at http://laws-lois.justice.gc.ca/eng/acts/S-9/

[9] The Canada Transportation Act, S.C. 1996, c. 10 can be found at http://laws.justice.gc.ca/en/C-10.4/

[10] The Marine Transportation Security Act, S.C. 1994, c. 20 can be found at http://laws.justice.gc.ca/en/M-0.8/

[11] The Railway Safety Act, R.S.C. 1985, c. 32 (4th Supp.) can be found at http://laws.justice.gc.ca/en/R-4.2/

[12] The International Bridges and Tunnels Act,(S.C. 2007, c. 1) can be found at http://laws-lois.justice.gc.ca/eng/acts/I-17.05/

[13] The report can be found at http://www.tatc.gc.ca/doc.php?did=106&lang=eng

[14] The Tax Expenditures and Evaluations publication is found at http://www.fin.gc.ca/purl/taxexp-eng.asp