2014-2015 Report on Plans and Priorities

Table of Contents

Minister's Message

The Honourable Lisa Raitt, P.C, M.P.It is my pleasure to present the 2014-15 Report on Plans and Priorities of the Transportation Appeal Tribunal of Canada.

The Tribunal is quasi-judicial and 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. As such, the Tribunal plays a unique and active role in 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 2014-15, it is anticipated that there will be a continuing increase in the number of Review and Appeal hearings based on the economy and enhanced monitoring of the various modes of federally-regulated transportation, particularly in the rail sector.

Along with the expected increase in rail 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 over the coming 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, both nationally and internationally.

The Honourable Lisa Raitt, P.C, M.P.
Minister of Transport

Section I: Organizational Expenditure Overview

Organizational Profile

Minister: Lisa Raitt

Deputy head: John Badowski

Ministerial portfolio: Transport

Year established: 2003

Main legislative authorities:

Organizational Context

Raison d'être

The mandate and 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 concerning 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-level 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)

1 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

1.1  Program: Review and Appeal hearings 

Internal Services

Organizational Priorities

Priority TypeNote 9 Strategic Outcome(s) and/or Program(s)Note 10
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.

What are the plans for meeting this priority?

  • Ensure that cases are reviewed promptly.
  • Appoint competent Members to hearings.
Priority Type Strategic 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.
Priority Type Strategic 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

Key Risks
Risk Risk Response Strategy Link to Program Alignment Architecture
Availability of qualified Members to hold hearings
  • Focus recruitment efforts on physicians
  • Implement alternate methods of holding hearings
Review and Appeal hearings
Increasing backlog of cases
  • Change timeline on adjournments
  • Implement alternate methods of holding hearings
Review and Appeal hearings

The most significant risks are the number of Members available to conduct hearings expeditiously, and the recruitment and retention of Members with the appropriate skill sets. In order to deliver on its mandate and program, the Tribunal needs to have an adequate number of Members with the right mix of skills and talents in various modes of the transportation sector, as well as legal and medical expertise. To help mitigate these risks, the Tribunal is committed to providing continuous learning opportunities to all current and new Members. Beginning in 2014, The Tribunal will be initiating monthly professional development sessions in addition to existing learning opportunities. This combined approach will help Members to maximize their effectiveness in the adjudicative process, to keep abreast of developments in the federal transportation sector, and to render decisions according to the values and expected outcomes mandated to the Tribunal.

Insofar as recruitment and retention of Members, the Tribunal will focus its efforts on acquiring retired and recently-graduated physicians, as the Tribunal has experienced a significant increase in the number of medical cases. Other measures to alleviate the increasing case backlog include the use of videoconferencing to conduct hearings. This will facilitate the logistics involved in arranging hearings and increase the number of hearings the Tribunal can hold. The Tribunal will also reduce the timeline for adjournments from two years to one year, to help reduce the backlog. Finally, the Tribunal will review its internal processes in order to improve its efficiency in producing decisions.

Planned Expenditures

Budgetary Financial Resources (Planned Spending — thousands of dollars)
2014-15 Main Estimates 2014-15  Planned Spending 2015-16 Planned Spending 2016-17 Planned Spending
1,418 1,418 1,418 1,418
Human Resources (Full-time equivalents—FTEs)
2014-15 2015-16 2016-17
12 12 12

Budgetary Planning Summary for Strategic Outcome(s) and Program(s) (thousands of dollars)

Strategic Outcome(s), Program(s) and Internal Services 2011-12 Expenditures 2012-13 Expenditures 2013-14 Forecast Spending 2014-15 Main Estimates 2014-15 Planned Spending 2015-16 Planned Spending 2016-17 Planned Spending
Strategic Outcome 1: 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 1,375 1,243 1,080 1,080 1,080 1,080 1,080
Strategic Outcome 1 Subtotal 1,375 1,243 1,080 1,080 1,080 1,080 1,080
Internal Services Subtotal 481 342 340 338 338 338 338
Total 1,856 1,585 1,420 1,418 1,418 1,418 1,418

Alignment to Government of Canada Outcomes

2014-15 Planned Spending by Whole-of-Government Framework Spending AreaNote 1
Strategic Outcome Program Spending Area Government of Canada Outcome 2014-15 Planned Spending
1. To provide the Canadian transportation community with the opportunity to have administrative or enforcement actions under federal transportation Acts reviewed by an independent body 1.1 Review and Appeal hearings Government Affairs A transparent, accountable and responsive federal government 1,080
Total Planned Spending by Spending Area (thousands of dollars)
Spending Area Total Planned Spending
Economic Affairs 0
Social Affairs 0
International Affairs 0
Government Affairs 1,080

Departmental Spending Trend

Departmental Spending Trend Graph

Departmental Spending Trend Graph

The Tribunal experienced an increase in expenditures in 2011-12 and 2012-13 due to an increase in the number of cases it handled that arose from the marine sector. This increased demand has levelled off and the Tribunal is now forecasting stabilization in its expenditures in 2014-15 and going forward.

Estimates by Vote

For information on the Transportation Appeal Tribunal of Canada's organizational appropriations, please see the 2014-15 Main Estimates publication.Note 2

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

Strategic Outcome(s):

To provide the Canadian transportation community with the opportunity to have administrative or enforcement actions under federal transportation Acts reviewed by an independent body

Program 1.1: Review and Appeal hearings

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.

Budgetary Financial Resources (dollars)
2014−15 Main Estimates 2014-15 Planned Spending 2015-16 Planned Spending 2016-17 Planned Spending
1,080 1,080 1,080 1,080
Human Resources (FTEs)
2014-15 2015-16 2016-17
9 9 9
Performance Measurement
Expected Results Performance Indicators Targets Date to be Achieved
Hearings conducted in a timely manner % of disposition of Review and Appeal hearings within 90 days of request for hearing 100% of decisions rendered within 90 days July 1, 2014
Decisions available on website % of decisions published on website 100% of decisions are published on website within 120 days of hearing July 1, 2014
Highly knowledgeable and trained hearings officers % of hearing officers provided with training and refresher courses 100% of hearing officers provided with training and refresher courses within 120 days of appointment Ongoing

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 90 days of a hearing.

Additional information on Program 1.1 is found on the TATC's website at http://www.tatc.gc.ca/index.php?lang=eng 

Internal Services

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. These groups are: Management and Oversight Services; Communications Services; Legal Services; Human Resources Management Services; Financial Management Services; Information Management Services; Information Technology Services; Real Property Services; Materiel Services; Acquisition Services; and Other Administrative Services. Internal Services include only those activities and resources that apply across an organization and not to those provided specifically to a program.

Budgetary Financial Resources (dollars)
2014−15 Main Estimates 2014-15 Planned Spending 2015-16 Planned Spending 2016-17 Planned Spending
338 338 338 338
Human Resources (FTEs)
2014-15 2015-16 2016-17
3 3 3

Planning Highlights

As a micro-organization, the Tribunal relies heavily on third parties for many of its Internal Services. A Memorandum of Understanding (MOU) with Transport Canada is 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 enhances the delivery efficiency of these specific services.

Section III: Supplementary Information

Future-Oriented Statement of Operations

The future-oriented condensed statement of operations presented in this subsection is intended to serve as a general overview of the Transportation Appeal Tribunal of Canada's operations. The forecasted financial information on expenses and revenues are prepared on an accrual accounting basis to strengthen accountability, and to improve transparency and financial management. 

Because the future-oriented statement of operations is prepared on an accrual accounting basis, and the forecast and planned spending amounts presented in other sections of this report are prepared on an expenditure basis, amounts will differ. 

A more detailed future-oriented statement of operations and associated notes, including a reconciliation of the net costs of operations to the requested authorities, can be found on the Transportation Appeal Tribunal of Canada's websiteNote 3.

Future-Oriented Condensed Statement of Operations  for the Year Ended March 31 (dollars)
Financial information Estimated Results 2013−14 Planned Results
2014–15
Change
Total expenses 1,742,222 1,695,375 (46,847)
Total revenues 0 0 0
Net cost of operations  1,742,222 1,695,375 (46,847)

The estimated expenses in 2013-14 include a carry forward from the previous fiscal year and is the reason for the difference in estimated expenditures.

Tax Expenditures and Evaluations

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 EvaluationsNote 4 publication. The tax measures presented in the Tax Expenditures and Evaluations publication are the sole responsibility of the Minister of Finance.

Section IV: Organizational Contact Information

[As presented in the Government Electronic Directory ServicesNote 5]

People

Roles


Notes

Note 1

The Transportation Appeal Tribunal of Canada Act,S.C. 2001, c. 29 can be found at http://laws-lois.justice.gc.ca/eng/acts/T-18.5/ 

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Note 2

The Aeronautics Act, R.S.C., 1985, c. A-2 can be found at http://laws-lois.justice.gc.ca/eng/acts/A-2/index.html 

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Note 3

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

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Note 4

The Canada Shipping Act, 2001, S.C. 2001, c. 26 can be found at http://laws-lois.justice.gc.ca/eng/acts/C-10.15/index.html 

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Note 5

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

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Note 6

The Marine Transportation Security Act, S.C. 1994, c. 40 can be found at http://laws-lois.justice.gc.ca/eng/acts/M-0.8/ 

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Note 7

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

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Note 8

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/ 

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Note 9

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.

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Note 11

The Transportation Appeal Tribunal of Canada Act,S.C. 2001, c. 29 can be found at http://laws-lois.justice.gc.ca/eng/acts/T-18.5/ 

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Note 12

The Aeronautics Act, R.S.C., 1985, c. A-2 can be found at http://laws-lois.justice.gc.ca/eng/acts/A-2/index.html 

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Note 13

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

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Note 14

The Canada Shipping Act, 2001, S.C. 2001, c. 26 can be found at http://laws-lois.justice.gc.ca/eng/acts/C-10.15/index.html 

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Note 15

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

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Note 16

The Marine Transportation Security Act, S.C. 1994, c. 40 can be found at http://laws-lois.justice.gc.ca/eng/acts/M-0.8/ 

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Note 17

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

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Note 18

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/ 

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Endnotes

Note 1

Whole-of-Government-Framework Spending Area, http://www.tbs-sct.gc.ca/ppg-cpr/dpr-rmr-eng.aspx 

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Note 2

2014-15 Main Estimates, http://www.tbs-sct.gc.ca/ems-sgd/esp-pbc/esp-pbc-eng.asp

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Note 3

Transportation Appeal Tribunal of Canada, Financial Statements, http://www.tatc.gc.ca/s2/s29/eng/financial-statements 

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Note 4

Government of Canada Tax Expenditures, http://www.fin.gc.ca/purl/taxexp-eng.asp

Return to reference 4

Note 5

Government Electronic Directory Services, http://sage-geds.tpsgc-pwgsc.gc.ca/cgi-bin/direct500/eng/TE?FN=index.htm

Return to reference 5

Note 6

The Transportation Appeal Tribunal of Canada Act,S.C. 2001, c. 29 can be found at http://laws-lois.justice.gc.ca/eng/acts/T-18.5/

Return to reference 6