Treasury Board of Canada Secretariat
Symbol of the Government of Canada

ARCHIVED - Canadian International Trade Tribunal


Warning This page has been archived.

Archived Content

Information identified as archived on the Web is for reference, research or recordkeeping purposes. It has not been altered or updated after the date of archiving. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats on the "Contact Us" page.

SECTION I-OVERVIEW

1.1 Chairperson's Message

I am pleased to present the Departmental Performance Report of the Canadian International Trade Tribunal (the Tribunal) for fiscal year 2006-2007.

The Tribunal's mandate is to provide fair, timely and transparent disposition of international trade cases and government-mandated inquiries in various areas of the Tribunal's jurisdiction. Under the Canadian International Trade Tribunal Act (CITT Act), 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 the Government of Canada's outcome of ensuring a fair and secure marketplace related to economic affairs.

As in previous years, the Tribunal issued all of its decisions within statutory deadlines and maintained high-quality standards of research and analysis. Elapsed times for issuing appeal decisions not subject to statutory deadlines improved significantly in 2006-2007 as a result of an improved multi-disciplinary approach to appeals work. The Tribunal also maintained a strong record in terms of its decisions being upheld by national and international appeal bodies and continues to play a key role in fostering a Canadian trading system that is transparent and accessible and meets international obligations.

In 2006-2007, the Tribunal launched the new Secure E-Filing Service. The service allows parties to file electronically both public and confidential documents with the Tribunal using the Government of Canada's epass Enabled Services.

As part of the Tribunal's human resources (HR) continuity strategy, HR plans were developed for each branch and positions were revised to ensure that levels and classifications were in line with those of similar organisations. The Tribunal continued to develop and offer in-house training programs and seminars and allotted additional funds to its training budget. An internal learning policy is in its final stages of development.

The Tribunal made a number of improvements to its management practices. A more integrated approach was taken to its HR and information technology planning activities with its business planning. An internal audit was conducted to assess the effectiveness and efficiency of the Tribunal's financial management control framework, and enhancements were made to its internal financial reporting system. The Tribunal worked with the central agencies to explore funding solutions and sources to enable it to better accommodate the unpredictable variation in its caseload.

Pierre Gosselin

1.2 Management Representation Statement

I submit, for tabling in Parliament, the 2006-2007 Departmental Performance Report 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 2006-2007 Estimates: Reports on Plans and Priorities and Departmental Performance Reports.

  • It adheres to the specific reporting requirements outlined in the Treasury Board Secretariat (TBS) guidance;
  • It is based on the Tribunal's approved Strategic Outcome and Program Activity Architecture that were approved by the Treasury Board;
  • 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 numbers from the Estimates and the Public Accounts of Canada.

Julia Ginley
Director
Corporate Services Branch

1.3 Tribunal's Mission

The Tribunal's mission is to provide a fair, transparent and timely trade remedies system to Canadians and to offer the Government its best advice on trade, economic, commercial and tariff matters so that the Government 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 the Special Import Measures Act (SIMA) into whether dumped1 or subsidized2 imports have caused or are threatening to cause injury to a Canadian industry;
  • Bid challenges-inquiries into complaints by potential suppliers concerning federal government procurement under the North American Free Trade Agreement (NAFTA), the Agreement on International Trade (AIT) and the World Trade Organization (WTO) Agreement on Government Procurement (AGP);
  • Appeals of decisions of the Canada Border Services Agency (CBSA) under the Customs Act and SIMA or of the Minister of National Revenue under the Excise Tax Act; and
  • Safeguard cases-inquiries into whether a rapid build-up of imports from around the world, or from China, is causing injury to a Canadian industry.

As an expert body, 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 to it by the Government-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 textile tariff reference from the Minister of Finance-investigations into requests from Canadian producers for tariff relief on imported textile inputs that they use in the production of clothing and similar goods; and
  • Safeguard cases-where, in the context of a safeguard inquiry, the Tribunal finds injury to a Canadian industry and the Governor in Council requests the Tribunal to recommend appropriate measures to allow the Canadian competing industry the opportunity to take the necessary adjustment measures.

The Tribunal obtains its operating budget through the Main Estimates process. It does not receive funds through grants and contributions or through cost recovery of its operational expenditures.

More detailed information on the Tribunal and its caseload is available on its Web site.

1.4 Challenges and Risks

The Tribunal delivers essential trade adjudication services in an environment that is becoming increasingly complex and unpredictable. Specific challenges and risks faced by the Tribunal during the fiscal year 2006-2007 included:

Caseload management while meeting legislative deadlines

During fiscal year 2006-2007, the caseload for new dumping and subsidizing inquiries and procurement complaints remained at relatively stable levels. There was however a decline in the number of expiry reviews under SIMA and requests for textile tariff relief. Moreover, there were no new government references.

Safeguard inquiries are exceptional events; when they occur they consume a significant portion of the Tribunal's resources. During fiscal 2005-2006, the number of safeguard inquiries was exceptionally high, as evidenced by capacity issues experienced by the Tribunal. However, there were no new safeguard inquiries during 2006-2007.

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 during periods where there are unexpected peaks in caseload leading to “bunching” of cases3. Given the unpredictability of its caseload, the Tribunal requires a more flexible resource model to effectively respond to peak pressures.

Succession planning, learning and development

Given the complex and unpredictable caseload of the Tribunal, it requires a workforce with special skills, knowledge, flexibility and versatility. These qualities are acquired over a number of years. This puts a constant pressure on the Tribunal's Human Resources Services to recruit, retain, train and renew human resources.

In 2006-2007, the Tribunal prepared for a number of expected departures of key employees through various actions to ensure a continuum of service and minimize the impact to the extent possible. With the return to a more manageable caseload, staff were able to take developmental assignments in certain departments. In addition, the Tribunal increased its emphasis on language training.

Health and welfare of employees

Because the caseload returned to more normal levels during 2006-2007, work-life balance was not an issue.

Confidentiality considerations and operational improvements

The Tribunal must be extremely vigilant in the use and distribution of confidential business information filed by parties and counsel in proceedings before it, given the possibility for financial injury that could be occasioned by the unauthorized use of such information. On the other hand, parties and their counsel increasingly expect to communicate electronically, including the ability to submit applications and supporting documentation electronically, to access case information electronically and to be able to communicate with the Tribunal and other parties electronically and securely. This is why the Tribunal has had to exercise extreme caution while moving to an electronic environment. In 2006-2007, after launching its new Secure E-Filing Service, the Tribunal invested resources in continuing the improvement of the system's functionality and in preparing next steps, namely the ability to send confidential information and provide counsel with electronic access to confidential case records.

The Tribunal also continued to monitor the situation with respect to pricing of the Government's Secure Channel, as initial indications were that the price points would be out of reach for small organisations and could therefore jeopardize the Tribunal's plan to move towards a fully electronic record.

1.5 Link to Government of Canada Outcome Areas

The Tribunal's single strategic outcome is the fair, transparent and timely disposition of international trade cases and government-mandated inquiries in the several fields in which the Tribunal has been given jurisdiction. It contributes to the achievement of the Government of Canada's “fair and secure marketplace” priority (as part of the Government's desired economic outcomes) through:

  • Access to impartial and timely processes for the investigation of complaints;
  • The protection of businesses in Canada against unfair or injurious import competition;
  • The promotion of integrity and fairness in government procurement;
  • The fair application of tariffs and border excise taxes; and
  • Reliable economic and trade analysis and advice to the Government.

1.6 Summary Information


Reason for Existence

The Tribunal contributes to a fair and secure marketplace in Canada through its strategic outcome and program activities. The Tribunal adjudicates disputes by applying rules designed to ensure that imports compete fairly in the domestic marketplace, that government contracting is fair and that tariffs and border excise taxes are fairly applied. At the request of the Government, it provides advice on trade, economic, commercial and tariff matters. As an informal “court”, the Tribunal is accessible to business and provides impartial and transparent decisions. It operates with strict deadlines to provide certainty in the marketplace.


Financial Resources ($ thousands):


Planned Spending

Total Authorities

Actual Spending

10,005

10,243

9,700


Human Resources (FTE):


Planned

Actual

Difference

94

84

10



         

Status on Performance ($ thousands)

2006-2007

Strategic Outcome: the fair, transparent and timely disposition of international trade cases and government-mandated inquiries in various areas of the Tribunal's jurisdiction.

Priority

Expected Result

Performance Status

Planned Spending

Actual Spending

Priority I: process cases within legislative deadlines / quality standards. (ongoing)

Expected Result: Tribunal decisions / recommendations are fair and impartial and are published in a timely way

Successfully met

9,206

9,263

Priority II: improve service delivery (ongoing)

Successfully met

493

122

Priority III: sound management practices (ongoing)

Successfully met

201

162

Priority IV: invest in its people (ongoing)

Successfully met

105

153


1.7 Tribunal's Performance by Priority

Overall Strategy of the Tribunal

The Tribunal's overall strategy towards achieving its strategic outcome is summarized in the chart below through the relationship between its risks and challenges, priorities and related planned activities. Its overarching priority is to carefully consider and fairly decide cases within the tight deadlines imposed by legislation. Supporting priorities include improving service delivery, continuing to improve management practices and investing in its people.

Overall Strategy of the Tribunal

1.7.1 Priority I: Process cases within legislative deadlines/quality standards

The Tribunal's overriding priority continues to be hearing cases and making sound decisions, within prescribed deadlines, on matters that fall within its jurisdiction.

The caseload for new dumping and subsidizing inquiries remained at relatively normal levels. As in previous years, all of the Tribunal's inquiries were completed on time, and decisions with respect to anti-dumping and subsidy cases were issued within legislative deadlines.

Although the number of procurement complaints filed with the Tribunal also remained at relatively normal levels, the proportion that was accepted for inquiry increased when compared with 2005-2006. The Tribunal met all the legislative deadlines for issuing its determinations, and for all but a few cases, the statements of reasons were issued at the same time as the determination.

As for appeals under the Customs Act and the Excise Tax Act, the Tribunal adopted an informal, voluntary standard of publishing appeal decisions within 120 days of the hearing, given that there is no statutory deadline in place. In 2006-2007, a dedicated appeals team was set up, which considerably improved the average elapsed time for issuing appeal decisions. While there is still room for improvement, it was a net improvement over the previous fiscal year.

Under economic, trade and tariff references, the Tribunal completed one tariff reference during the fiscal year within the legislated deadline. As well, the Tribunal received two requests for tariff relief under the standing textile tariff reference and issued one report to the government.

More detailed information on the Tribunal's caseload can be found in the Canadian International Trade Tribunal's Annual Report, which is available on its Web site.

The Tribunal also strives to meet the expectations of a wide range of stakeholders. The Tribunal held its annual meeting with the Bench and Bar Committee, composed of lawyers nominated by the Canadian Bar Association, Department of Justice lawyers and trade consultants invited by the Tribunal. These meetings provide an opportunity for participants to present their views and concerns about the Tribunal's processes and procedures and propose changes.

Reference level

During 2006-2007, the Tribunal worked with the central agencies to explore funding sources to increase its operating budget and thereby better enable it to deliver upon its identified priorities. Although funding was not secured, the Tribunal continued to work with the central agencies to explore other funding options and solutions.

1.7.2 Priority II: Improve service delivery

The Tribunal continued to improve the delivery of services to parties and their counsel by dedicating significant efforts to information technology (IT) for better, faster and more efficient service. For a number of years, the Tribunal has undertaken initiatives to improve electronic access to information. This focus continued in 2006-2007, as evidenced by the work undertaken on a number of projects.

Secure Channel

In July 2006, the Tribunal launched a new Secure E-Filing Service. The service allows parties to file electronically both public and confidential documents with the Tribunal. All transmitted documents are encrypted to ensure their confidentiality. The service can be accessed on the Tribunal's Web site. It utilizes the Government of Canada's epass system, which allows the secure transmission of business confidential information to the Tribunal.

Electronic questionnaires

Interested parties involved in Tribunal inquiries have access to Tribunal questionnaires through its Web site. In 2006-2007, the Tribunal continued its work on the Electronic Questionnaire Project. The project involves the development of a system that will host the creation, distribution and collection of data with respect to Tribunal inquiry questionnaires. In addition to providing easier access and efficiencies to interested parties, electronic questionnaires will substantially reduce the amount of paper to be distributed. It will also allow Tribunal clients to complete the questionnaires more efficiently, as well as allow Tribunal staff to process the responses more efficiently and cost effectively.

As part of this project, replies to Tribunal questionnaires can now be transmitted electronically using the Secure E-Filing Service. In the past, parties were required to return their completed questionnaires to the Tribunal either on diskette or compact disk.

Improve case management processes

The Tribunal has maintained a focus on the automation and integration of all the information related to its case work, while at the same time providing a secure electronic environment for the filing of case information by parties.

In 2006-2007, the electronic case file management system was expanded to include procurement inquiries. The Tribunal also continued to develop and test secure access to the administrative record for SIMA cases, by counsel and Tribunal staff, through its Web site.

Implement electronic life cycle management of case files

In 2006-2007, the Tribunal worked with the CBSA to apply lessons learned from consultations with their respective stakeholders with a view to correlating the management of SIMA case files between the two organizations.

Improve scope of information available to the public

As part of the Tribunal's mandate to carry out its legislative responsibilities in a fair, informal and transparent manner, it makes a wealth of information available to the public such as the full text of its decisions and reasons relating to all of the cases heard since its creation, the Tribunal's mandate and procedures, and news concerning upcoming cases and other Tribunal business. This information is available on the Tribunal's Web site in both official languages. The repository of all documents produced by the Tribunal allows for research into past decisions.

The Web site allows parties, stakeholders and the public to have a clear understanding of the Tribunal's jurisdiction. It allows users to register, free of charge, for a subscriber-alert service and be informed of when new documents are posted. The Web site also allows potential suppliers to download a procurement complaint form (the initial document in the bid challenge procedure) and interested parties to download and complete electronic versions of Tribunal questionnaires.

In December 2006, the Canadian Legal Information Institute (CanLII), a non-profit organization managed by the Federation of Law Societies of Canada, added all current and past Tribunal decisions to its Web site. This service has improved the Tribunal's accessibility to the public.

In 2006-2007, the Tribunal introduced the publication of press releases with regard to all SIMA cases as well as for other cases involving significant decisions (the Tribunal also amended its communication policy accordingly).

Audio system for hearing rooms

In 2006-2007, the Tribunal obtained Treasury Board funding for the replacement of the outdated audio system in its hearing rooms and prepared a Statement of Work. More up-to-date technology will increase the reliability of the audio system and minimize the risk of disrupting hearings.

1.7.3 Priority III: Sound management practices

The Tribunal continued to improve its management practices through specific sub-priorities addressed during fiscal 2006-2007:

More integrated approach to HR and IT planning

The Tribunal worked towards the alignment of its HR and IT business strategies and objectives into its corporate business planning process. It completed an IT architecture review in 2006-2007 to identify issues relating to the existing architecture's ability to support the overall business vision. Based on the results of this review, in 2007-2008, the Tribunal will develop and begin to apply an IT strategy aligned with its future business vision. Work continued on integrating the Tribunal's HR requirements with its business planning. The Tribunal also conducted an analysis of its HR unit (located within the Corporate Services Branch), which will be considered in the 2007-2008 business planning exercise.

Internal audit plan

As part of the Tribunal's risk-based Internal Audit Plan 2004-2008, an internal financial management audit was carried out in 2006-2007 to assess the financial management control framework within the Tribunal and to review financial transactions to ensure compliance with regulatory requirements. The audit focussed on the operation and maintenance budget for 2005-2006 and a portion of 2006-2007.

The Audit Report concluded that the Tribunal is effectively managing its financial resources and found the finance function to be well managed and controlled. A few recommendations were made to refine the Tribunal's overall financial management control framework and an action plan was developed to respond to the recommendations. More detailed information on the Tribunal's Audit Report of the financial management control framework may be found at www.tbs-sct.gc.ca/aedb-bdve/home-accueil-eng.aspx.

Integration of corporate systems

The Tribunal made enhancements to its GX financial system by adding an interface to integrate its asset information system and its human resource information system. As a result, duplication was reduced, better data integrity was achieved and information provided to Tribunal managers was more timely.

Shared travel services initiative

The Tribunal initiated the implementation and configuration of the system requirements of the shared travel services system. However, after experiencing system compatibility and privacy issues, the Tribunal chose to postpone the launch and training of its employees until the issues have been addressed.

Management accountability framework

In 2006-2007, the TBS assessed the Tribunal's management accountability framework (MAF). The TBS indicated the Tribunal's strong areas (of management performance) were values and ethics, official languages, having well-defined activities that comply with its governing acts, and a well structured Departmental Performance Report.

An area requiring improvement was its ability to implement Management of IT Security (MITS) requirements, due to a continued lack of resources. The Tribunal has since taken steps towards strengthening its compliance with MITS.

More detailed information on the Tribunal's MAF assessment can be found on the Treasury Board Secretariat Web site at www.tbs-sct.gc.ca/maf-crg/assessments-evaluations/2005/CITT-TCCE/CITT-TCCE_e.asp

1.7.4 Priority IV: Invest in its people

The Tribunal is dedicated to investing in its workforce. Specific sub-priorities for 2006-2007 included:

Implement an HR continuity plan

The Tribunal developed a comprehensive human resources strategy with the main focus being succession planning. As part of the strategy, HR plans were developed for each branch, and new employees are being trained with regard to the different mandates of the Tribunal to ensure a more flexible workforce. Development opportunities are being offered to employees to replace colleagues during times of temporary absence or to fill vacancies. Positions and classifications were reviewed and revised as necessary to ensure that levels and classifications were in line with those of similar organizations.

Implement a learning strategy

In 2006-2007, the first step was taken towards developing and implementing a comprehensive learning strategy for the Tribunal. The Tribunal undertook a review of the learning policies and practices of other agencies, as well as an assessment of its organization-wide learning needs. As part the strategy, the Tribunal identified a need to ensure that there is a continual transfer of institutional knowledge and values to new staff. To this end, the Tribunal increased its focus on learning, for both new and existing employees. In this respect, an in-house orientation pamphlet is in the final stages of development with a view to increasing a new employee's knowledge of the Tribunal during the first days of employment. In addition, the Tribunal created a virtual library in which is catalogued and stored all of the Tribunal's in-house training seminars, papers and other training materials. The materials were developed by experts in the various operational areas of the Tribunal.

The Tribunal further developed its in-house training program, building on its strong traditions of fostering technical and operational training seminars, developing guides and position papers on numerous technical topics, and sharing lessons learned by staff and members.

Finally, funds were dedicated to the purposes of an internal learning policy which is in its final stages of development.

Human resources management-Informal Conflict Management System

In 2006-2007, the Tribunal initiated the development of its own ICMS. A committee representing all Tribunal employees was established and a draft Tribunal policy and guidelines were created. Approval and implementation of the ICMS is on schedule for fiscal year 2007-2008.