2014-2015 Departmental Performance Report

ERRATUM

The Alignment of Spending with the Whole-of-Government Framework spending area and the Government of Canada outcome were incorrectly identified as Social Affairs and A Safe and Secure Canada respectively, rather than Government Affairs and a Transparent, Accountable and Responsive Federal Government.

Minister's Message

Marc GarneauIt is my pleasure to present the 2014–15 Departmental Performance Report 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, and the Navigation Protection Act.

Matters that the Tribunal hears include medical cases; the suspension and cancellation of licences, 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. Members are appointed with transportation-specific experience and/or backgrounds in law or medicine, 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.

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 Marc Garneau, P.C, M.P.
Minister of Transport

Chairperson's Message

John BadowskiI am pleased to report on the activities of the Transportation Appeal Tribunal of Canada during the past fiscal year.

The Tribunal serves Canadians by conducting hearings of federal enforcement and licensing decisions in the aviation, marine, rail, and the bridges and tunnels sectors (including medical cases). Through an adjudicative process of reviews and appeals, we continue to play a unique and active role in the relationship between the federal government and the transportation community.

Over the past year, the Tribunal experienced a six per cent increase in requests for reviews. As the Tribunal's mandate continues to expand and evolve, for example due to additional responsibilities expected from the coming Motor Vehicle Safety Act, requests for reviews and appeals will continue to increase. Substantially more cases in the rail sector are currently entering the system, so new stressors will be placed on the Tribunal as this sector becomes increasingly active.

I am pleased to report that the Tribunal actively and aggressively scheduled hearings throughout the year and was able to reduce its backlog of waiting cases. More importantly, backlogs of determinations and decisions to be completed and published, as well as a translation backlog, were all completely eliminated this past year. I am also very pleased to report that excessive delays in the routine, ongoing publication of determinations and decisions have been reduced, on average, by 36 per cent.

Since joining the Tribunal in 2014, I continue to witness Tribunal members' professionalism, expert knowledge, and abilities to render informed, independent decisions. I am proud to be part of a group of experienced members who are actively engaged on matters of importance to Canada's transportation sector, and to work with a dedicated staff who diligently administer the day to day operations of the Tribunal.

John Badowski
Chairperson
Transportation Appeal Tribunal of Canada

Section I: Organizational Expenditure Overview

Organizational Profile

Appropriate Minister: The Honourable Marc Garneau, P.C, M.P.

Institutional Head: John Badowski

Ministerial Portfolio: Transport

Enabling Instrument: Transportation Appeal Tribunal of Canada Act, S.C. 2001, c. 29

Year of Incorporation / Commencement: 2003

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 the issuance of orders, the imposition of 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 an adjudicative process that includes review hearings and appeal hearings. All hearings are to be held expeditiously and informally, in accordance with the rules of 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 and Program Alignment Architecture

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 ServicesStrategic%20outcome.JPG

Organizational Priorities

The Tribunal identified three priorities for 2014-15. These priorities are aligned with Government of Canada priorities, support the achievement of its Strategic Outcome and help the Tribunal address risks. The following tables provide a summary of the progress made during the year against these priorities.

Priority TypeNote 1 Strategic Outcome
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.
Summary of Progress
  • The Tribunal has implemented new processes for issuing decisions that have reduced delays.
  • The Tribunal has developed strategies to educate Tribunal members on the various facets of decision writing. Training sessions are delivered through teleconferences and webinars with progress on the objectives of shortening the time members require to write their decisions.
Priority Type1 Strategic Outcome
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.
Summary of Progress
  • The Tribunal had articles about its activities published in transportation industry periodicals. All sectors were contacted and eight publications are now complete.
  • As part of its communication strategy, presentations are made at various seminars in the transportation industry.
Priority Type Strategic Outcome
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.
Summary of Progress
  • Four members were newly appointed and five were re-appointed in 2014–15, compared to two new appointments and three re-appointments in 2013–14.

Risk Analysis

The most significant risk 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.

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

Actual Expenditures

Budgetary Financial Resources (dollars)
2014–15
Main Estimates
2014–15
Planned Spending
2014–15
Total Authorities
Available for Use
2014–15
Actual Spending
(authorities used)
Difference
(actual minus planned)
1,416,074 1,416,074 894,415 884,415 (531,659)
Human Resources (Full-Time Equivalents [FTEs])
2014–15
Planned
2014–15
Actual
2013–14
Difference
(actual minus planned)
12 6.4 (5.6)

This is the final Departmental Performance Report of the Transportation Appeal Tribunal of Canada (TATC) and covers the period April 1, 2014 to October 31, 2014.  On November 1, 2014, the Administrative Tribunals Support Service of Canada Act came into force and consolidated the provision of support services of 11 administrative tribunals, including the TATC, into a new organization known as the Administrative Tribunals Support Service of Canada (ATSSC). The support services include corporate services (e.g. common functions of human resources, information technology, financial services, accommodations and communications); registry services; and core mandate services (e.g. research, analysis, legal and other case-specific work).

The legislative mandate that brought about these changes deemed the financial (and human) resources of the TATC to the ATSSC as of the above date. As such, there are significant differences between the planned and actual figures in this report. Also, some commitments and performance targets outlined in the 2014–15 Reports on Plans and Priorities of the TATC may have changed. For information on the ATSSC's performance in supporting the TATC, please visit www.canada.ca/en/gov/dept/atssc/

Budgetary Performance Summary for Strategic Outcome and Program (dollars)
Strategic Outcome(s), Program(s) and Internal Services 2014–15
Main Estimates
2014–15
Planned Spending
2015–16
Planned Spending
2016–17
Planned Spending
2014–15 Total Authorities Available for Use 2014–15
Actual Spending (authorities used)
2013–14
Actual Spending (authorities used)
2012–13
Actual Spending (authorities used)
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.
Review and Appeal Hearings 1,079,871 1,079,871 1,079,081 1,079,871 752,525 744,111 1,164,373 1,243,208
Subtotal 1,079,871 1,079,871 1,079,871 1,079,871 752,525 744,111 1,164,373 1,243,208
Internal Services Subtotal 336,203 336,203 336,203 336,203 141,890 140,304 306,664 341,710
Total 1,416,074 1,416,074 1,416,074 1,416,074 894,415 884,415 1,471,037 1,584,918

Alignment of Spending With the Whole-of-Government Framework

Alignment of 2014-15 Actual Spending With the Whole-of-Government Framework (dollars)
Strategic Outcome Program Spending Area Government of Canada Outcome 2014-15 Actual Spending
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 Social Affairs A safe and secure Canada 884,415
Total Spending by Spending Area (dollars)
Spending Area Total Planned Spending Total Actual Spending
Economic Affairs 0 0
Social Affairs 1,416,074 884,415
International Affairs 0 0
Government Affairs 0 0

Departmental Spending Trend

Spending%20Trend.JPG

Expenditures by Vote

For information on the Transportation Appeal Tribunal of Canada's organizational voted and statutory expenditures, consult the Public Accounts of Canada 2015,[i] which is available on the Public Works and Government Services Canada website.


[i]Public Accounts of Canada 2015, http://www.tpsgc-pwgsc.gc.ca/recgen/cpc-pac/index-eng.html

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

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 Measurement 

Performance Indicators Targets Actual Results
% of disposition of review and appeal hearings within 120 days of request for hearing. 100% decisions rendered within 120 days. Decisions were rendered on average within 158 days of the hearing for reviews and 159 days for appeals.
% of members provided with training or refresher courses. 100% of members provided with training within 120 days of appointment. All newly-appointed members were provided with training within 120 days of their appointment.
% of registry staff provided with training. 100% of staff provided with training at fiscal year-end. All registry staff was provided with training opportunities.
% of decisions published on website. 100% of decisions are published on the website within 120 days of the date of the decision. All decisions are published on the website within 120 days of the date of the decision.

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:

Budgetary Financial Resources (dollars)
2014–15
Main Estimates
2014–15
Planned Spending
2014–15
Total Authorities
Available for Use
2014–15
Actual Spending (authorities used)
2014–15
Difference
(actual minus planned)
1,079,871 1,079,871 752,525 744,111 (335,760)
Human Resources (Full-Time Equivalents [FTEs])
2014–15
Planned
2014–15
Actual
2014–15
Difference
(actual minus planned)
9 4.7 (4.3)

Performance Results

Expected Results Performance Indicators Targets Actual Results
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. On average, review determinations were rendered in 111.5 days, a decrease of 30% from the previous fiscal year. Appeal decisions were rendered in 93 days, a decrease of 42% from the previous fiscal year
Decisions available on website % of decisions published on website. 100% of decisions published on website within 120 days of hearing All decisions were published on website within 120 days of hearing
Highly knowledgeable and trained hearing 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 All hearing officers received training within 120 days of appointment and 95% attended a national training seminar

Performance Analysis and Lessons Learned

The program's effectiveness can be measured by its ability to provide the Canadian transportation community with the opportunity to have ministerial decisions reviewed fairly, equitably and within a reasonable period of time.

The Tribunal encourages the use of pre-hearing conferences to assist the parties appearing before it, to identify the issues for determination by the Tribunal, and to disclose and exchange documents. This reduces the length of the hearings and avoids last-minute adjournments necessitated by late disclosure of information.

Facilitating discussions between the parties has also been particularly effective in settling licence suspensions and refusals to renew on medical grounds without the necessity of a review hearing. In fact, 125 cases were settled by the parties without the need for a hearing this year. For those cases that proceed to a hearing, the Tribunal registrars contact the parties to schedule mutually-agreed-to hearing dates to the extent possible to avoid unnecessary adjournments.

In 2014–15, as in 2013–14, the Tribunal referred five cases back to the Minister of Transport for reconsideration pursuant to section 7.1 of the Aeronautics Act, which does not provide the Tribunal with the power to substitute its own decision for that of the Minister in those cases. The average elapsed time between the conclusion of a review hearing and the issuance of a determination is 111.5 days and 93 days to issue a decision for an appeal hearing. By comparison, in 2013–14, determinations were issued, on average, 158 days after a review hearing. Decisions were issued, on average, 159 days after an appeal hearing.

Lessons Learned

To promote communication between the parties with a view to settlement, the registry encourages early disclosure of documents to the applicant. In order to resolve outstanding issues that may delay the scheduling of a review or appeal hearing, the registry will arrange a teleconference with a Tribunal member.

In addition, arrangements have been made to conduct hearings by videoconferencing where feasible and practical. This will facilitate the logistics involved in scheduling hearings and increase the number of hearings that can be held. The Tribunal is endeavouring to continue timely scheduling to help further reduce case delays, unless longer-term deferments can be justified by the applicant. As well, the Tribunal will maintain its commitment to revised timelines and processes established last year, including the elimination of transcripts to reduce costs, which have enabled the production of decisions in a more timely and efficient manner.

Internal Services

Description

Strategic outcome.JPGInternal 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 Travel and Other Administrative Services. Internal Services include only those activities and resources that apply across an organization and not those provided to a specific program.

Budgetary Financial Resources (dollars)
2014–15
Main Estimates
2014–15
Planned Spending
2014–15
Total Authorities
Available for Use
2014–15
Actual Spending (authorities used)
2014–15
Difference
(actual minus planned)
336,203 336,203 141,890 140,304 (195,899)
Human Resources (FTEs)
2014–15
Planned
2014–15
Actual
2014–15
Difference
(actual minus planned)
3 1.7 (1.3)

Performance Analysis and Lessons Learned

The Tribunal underwent a Core Control Audit in the 2012–13 fiscal year. During the course of this past fiscal year, the Tribunal completed its Management Action Plan to address the deficiencies found in the audit.

With the creation of the ATSSC, a main goal is to better meet the administrative needs of tribunals. The new, larger organization pools resources from smaller entities, in order to strengthen the overall capacity to support the tribunals and help modernize their operations, with the goal of improving access to justice for Canadians. The TATC's support services are now being delivered by the newly-created department.

Section III: Supplementary Information

Financial Statements Highlights

Condensed Statement of Operations (unaudited) for the 7-Month Period Ended October 31, 2014 (dollars)
 Financial Information 2014–15
Planned
Results
2014–15
Actual
2013–14
Actual
Difference (2014–15 actual minus 2014–15 planned) Difference (2014–15 actual minus 2013–14 actual)
Total expenses 1,695,375 1,009,956 1,701,819 (685,419) (691,863)
Total revenues          
Net cost of operations before government funding and transfers 1,695,375 1,009,956 1,701,819 (685,419) (691,863)
Condensed Statement of Financial Position (unaudited) as at October 31, 2014 (dollars)
  2014–15 2013–14 Difference
(2014–15 minus
2013–14)
Total net liabilities 106,370 125,498 (19,128)
Total net financial assets 69,668 83,584 (13,916)
Departmental net debt 36,702 41,914 (5,212)
Total non-financial assets 10,339 11,872 (1,533)
Departmental net financial position (26,363) (30,042) 3,679

Financial Statements

The Tribunal's financial statements are available on its website at:

http://www.tatc.gc.ca/s2/s29/eng/financial-statements

Supplementary Information Tables

The TATC does not have supplementary information tables to list for 2014–15.

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 Canada publishes cost estimates and projections for these measures annually in the

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

Section IV: Organizational Contact Information

Transportation Appeal Tribunal of Canada
333 Laurier Avenue West, Room 1201
Ottawa, ON K1A 0N5
Telephone: 613-990-6906
Fax: 613-990-9153

Appendix: Definitions

appropriation (crédit):Any authority of Parliament to pay money out of the Consolidated Revenue Fund.

budgetary expenditures (dépenses budgétaires):Includes operating and capital expenditures; transfer payments to other levels of government, organizations or individuals; and payments to Crown corporations.

Departmental Performance Report (rapport ministériel sur le rendement):Reports on an appropriated organization's actual accomplishments against the plans, priorities and expected results set out in the corresponding Report on Plans and Priorities. These reports are tabled in Parliament in the fall.

full-time equivalent (équivalent temps plein):Is a measure of the extent to which an employee represents a full person-year charge against a departmental budget. Full-time equivalents are calculated as a ratio of assigned hours of work to scheduled hours of work. Scheduled hours of work are set out in collective agreements.

Government of Canada outcomes (résultats du gouvernement du Canada):A set of 16 high-level objectives defined for the government as a whole, grouped in four spending areas: economic affairs, social affairs, international affairs and government affairs.

Management, Resources and Results Structure (Structure de la gestion, des ressources et des résultats):A comprehensive framework that consists of an organization's inventory of programs, resources, results, performance indicators and governance information. Programs and results are depicted in their hierarchical relationship to each other and to the Strategic Outcome(s) to which they contribute. The Management, Resources and Results Structure is developed from the Program Alignment Architecture.

non-budgetary expenditures (dépenses non budgétaires):Includes net outlays and receipts related to loans, investments and advances, which change the composition of the financial assets of the Government of Canada.

performance (rendement):What an organization did with its resources to achieve its results, how well those results compare to what the organization intended to achieve and how well lessons learned have been identified.

performance indicator (indicateur de rendement):A qualitative or quantitative means of measuring an output or outcome, with the intention of gauging the performance of an organization, program, policy or initiative respecting expected results.

performance reporting (production de rapports sur le rendement): The process of communicating evidence-based performance information. Performance reporting supports decision making, accountability and transparency.

planned spending (dépenses prévues): For Reports on Plans and Priorities (RPPs) and Departmental Performance Reports (DPRs), planned spending refers to those amounts that receive Treasury Board approval by February 1. Therefore, planned spending may include amounts incremental to planned expenditures presented in the Main Estimates.

A department is expected to be aware of the authorities that it has sought and received. The determination of planned spending is a departmental responsibility, and departments must be able to defend the expenditure and accrual numbers presented in their RPPs and DPRs.

plan (plan):The articulation of strategic choices, which provides information on how an organization intends to achieve its priorities and associated results. Generally a plan will explain the logic behind the strategies chosen and tend to focus on actions that lead up to the expected result.

priorities (priorité):Plans or projects that an organization has chosen to focus and report on during the planning period. Priorities represent the things that are most important or what must be done first to support the achievement of the desired Strategic Outcome(s).

program (programme):A group of related resource inputs and activities that are managed to meet specific needs and to achieve intended results and that are treated as a budgetary unit.

Program Alignment Architecture (architecture d'alignement des programmes): A structured inventory of an organization's programs depicting the hierarchical relationship between programs and the Strategic Outcome(s) to which they contribute.

Report on Plans and Priorities (rapport sur les plans et les priorités):Provides information on the plans and expected performance of appropriated organizations over a three-year period. These reports are tabled in Parliament each spring.

result (résultat):An external consequence attributed, in part, to an organization, policy, program or initiative. Results are not within the control of a single organization, policy, program or initiative; instead they are within the area of the organization's influence.

statutory expenditures (dépenses législatives): Expenditures that Parliament has approved through legislation other than appropriation acts. The legislation sets out the purpose of the expenditures and the terms and conditions under which they may be made.

Strategic Outcome (résultat stratégique):A long-term and enduring benefit to Canadians that is linked to the organization's mandate, vision and core functions.

sunset program (programme temporisé):A time-limited program that does not have an ongoing funding and policy authority. When the program is set to expire, a decision must be made whether to continue the program. In the case of a renewal, the decision specifies the scope, funding level and duration.

target (cible):A measurable performance or success level that an organization, program or initiative plans to achieve within a specified time period. Targets can be either quantitative or qualitative.

voted expenditures (dépenses votées): Expendituresthat Parliament approves annually through an Appropriation Act. The Vote wording becomes the governing conditions under which these expenditures may be made.

whole-of-government framework (cadre pangouvernemental): Maps the financial contributions of federal organizations receiving appropriations by aligning their Programs to a set of 16 government-wide, high-level outcome areas, grouped under four spending areas.

Notes

Note 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. If another type that is specific to the department is introduced, an explanation of its meaning must be provided.

Return to reference 1