ARCHIVED - Registry of the Competition Tribunal

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SECTION I: OVERVIEW

Minister's Message

The Industry Portfolio is composed of Industry Canada and 10 other agencies, Crown corporations and quasi-judicial bodies. These organizations collectively advance Canada's industrial, scientific and economic development, and help ensure that we remain competitive in the global marketplace.

A competitive economy is one that provides jobs and opportunity to Canadians, and top-quality products and services to consumers. Our economic performance underpins the quality of life we enjoy in this country, and [organization] is making important contributions to this mission.

The Industry Portfolio is composed of Industry Canada and 10 other agencies, Crown corporations and quasi-judicial bodies. These organizations collectively advance Canada’s industrial, scientific and economic development, and help ensure that we remain competitive in the global marketplace.

As a country, we must remain focused on how we can continue to provide an innovative and entrepreneurial economic environment, help our businesses capitalize on opportunities, and provide choice and quality to consumers. The global marketplace continues to evolve, changing with it the dynamics that influence Canada’s performance. I am proud to say that the Industry Portfolio is playing its part:

• We are working to make our market for wireless services more competitive, this year launching the policy framework for the Advanced Wireless Services spectrum auction. The framework aims to provide more choice and better service for consumers and businesses — something that we believe will also lead to lower prices.
• We issued guidelines clarifying the application of the Investment Canada Act as it relates to foreign state-owned enterprises investing in our country to ensure that Canadians continue to enjoy all the benefits that foreign investment delivers.
• We instituted an independent Competition Policy Review Panel to review and report on key elements of Canada’s competition and investment policies and to ensure that they are working to the full benefit of Canadians.
• We created an Automotive Innovation Fund to provide support to automotive firms undertaking large-scale, strategic research and development (R&D) projects to build innovative, greener and more fuel-efficient vehicles. Similarly, investments made through the Strategic Aerospace and Defence Initiative continue to encourage strategic R&D that will result in innovation and excellence in new products and services.

One of my key priorities as Industry Minister continues to be our country’s science and technology (S&T) strategy, Mobilizing Science and Technology to Canada’s Advantage, announced by Prime Minister Harper in May 2007.

• • Budget 2008 included measures and initiatives in support of our S&T Strategy that total $654 million over the next three years.
• We put in place the new Science, Technology and Innovation Council to provide the government with objective policy advice on Canada’s S&T issues.
• The government allocated $105 million in 2007–2008 to support the operations of seven new Centres of Excellence, pilot projects that have the potential to make Canada a global leader in fields of research that offer a strategic opportunity for Canadian industry.
• This past March, Canada’s two-armed robot, Dextre, was successfully installed on the International Space Station.

This has been a year of progress and success, and it is my pleasure to present [organization’s] Departmental Performance Report for 2007–2008. I am committed to building on these successes in 2008 and beyond, and I will continue to work with officials in the Industry Portfolio to make Canada more efficient, productive and competitive.

______________________________

Tony Clement
Minister of Industry

Management Representation Statement

I submit for tabling in Parliament, the 2007-2008 Departmental Performance Report for the Registry of the Competition Tribunal.

This document has been prepared based on the reporting principles contained in the Guide for the Preparation of Part III of the 2007-2008 Estimates: Reports on Plans and Priorities and Departmental Performance Reports:

• It adheres to the specific reporting requirements outlined in the Treasury Board Secretariat guidance;
• It is based on the department's approved Strategic Outcome(s) 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;
• It reports finances based on approved numbers from the Estimates and the Public Accounts of Canada.

The original version was signed by

Name:	Raynald Chartrand
Title:	Deputy Head and Registrar

Summary Information

Reason for Existence

The Competition Tribunal is a quasi-judicial adjudicative tribunal that was created in 1986 by the Competition Tribunal Act. Its mandate is to hear applications and issue orders related to the civil reviewable matters set out in Parts VII.1 and VIII of the Competition Act, whose purpose is to maintain and encourage competition in Canada, and to ensure that firms compete fairly and markets operate efficiently. The Tribunal has no other function and operates at arm's length from the government and its departments.

Since its creation, the Tribunal has heard cases relating to mergers, abuse of dominant position and various trade practices that have involved key players in several industries. The Tribunal has dealt with cases concerning products and services in a number of business areas, including, among others, pharmacies; furniture stores; importers of cast iron pipes; airline computer reservation systems and travel; oil refining and gasoline retailing; community newspapers; aspartame; waste disposal; car parts; marketing research services and shared electronic network services.

The Competition Tribunal Act provides for an administrative infrastructure in support of the Tribunal through the Registry of the Competition Tribunal (RCT). The RCT provides all requirements for the proper conduct of the Tribunal's business, and for the Tribunal to hold hearings anywhere in Canada, as necessary. The RCT is the repository for the filing of applications and documents, as well as issuing documents and orders for all cases brought before the Tribunal.

This Departmental Performance Report pertains to the activities of the Registry in support of the Tribunal and its deliberations, and not to the Tribunal cases themselves.

Financial Resources($ thousands)

2007-2008
Planned Spending	Total Authorities	Actual Spending
$1,536	$1,750	$1,537

Human Resources

2007-2008
Planned 14 FTEs		Actual 14 FTEs		Difference 0

Departmental Priority

Name	Type	Performance Status
Efficient and effective Registry support to the Tribunal for the conduct of fair and timely hearings of cases and to issue decisions under Parts VII.1 and VIII of the Competition Act in accordance with the provisions of the Act.	Ongoing	Successfully met

Summary of Departmental Performance

The expected results were a Registry service that provides administrative support to Tribunal members and litigants and timely access to case records and decisions as well as contributing to enhance Tribunal effectiveness and transparency and continued maintenance of modernized document and filing systems.

The posting of documents on the website was done over 90% of the time within 48 hours of their filing with the RCT. An increase was also noticed in the number of documents filed through the e-filing system. Parties are now more aware of its secure features and its much larger size limitations compared to regular emails. The Legal Section completed its major initiative of revising the Rules of procedure of the Tribunal. This exercise streamlined the various procedures to be followed by the parties. The new rules also decrease the paper-burden imposed on the parties appearing before the Tribunal.

Program Activities by Strategic Outcome

	Expected Results	Performance Status	2007-2008 ($ thousands)		Contributes to the following priority
			Planned Spending	Actual Spending
Strategic Outcome : Open, fair, transparent and expeditious hearings related to the Tribunal's jurisdiction.
Process cases	High quality Registry services providing the public efficient access to case records and decisions.	Successfully met	1,536	1,537	Efficient and effective Registry support to the Tribunal for the conduct of fair and timely hearings of cases and to issue decisions under Parts VII.1 and VIII of the Competition Act in accordance with the provisions of the Act.
	Processing of documents according to timeframes established in the Rules of Procedure.	Successfully met
	Access to efficient management of electronic hearings of applications.	Successfully met

The Registry of the Competition Tribunal contributes to the Government of Canada outcome area of a fair and secure marketplace by supporting the Tribunal in conducting open and timely hearings of cases. Conducting proceedings in a timely manner is notable, and the outcomes of the legal proceedings may be felt by all Canadians. The decisions of the Tribunal help promote the efficiency and adaptability of the Canadian economy on issues related to its jurisdiction.

Departmental Context

The mandate of the Competition Tribunal is to hear applications and issue orders related to the civil reviewable matters set out in Parts VII.1 and VIII of the Competition Act.

The Tribunal has no control over its workload as the number of applications brought to the Tribunal depends on the number of cases filed by the Commissioner of Competition and the number of cases filed by individuals or companies under the private access provisions of the Competition Act. It can only react to external demands. As a court of record, the Tribunal has such powers, rights and privileges as are vested in a superior court of record with respect to the attendance, the swearing-in and examination of witnesses, the production and inspection of documents, the enforcement of its orders and other matters necessary for the due exercise of its jurisdiction.

Clients of the Competition Tribunal are mainly Canadian businesses, and the cases it hears are complex. The impact of the decisions of the Tribunal on Canadian businesses can be as varied as maintaining and encouraging competition in Canada, expanding opportunities for Canadian participation in world markets, ensuring that small and medium-sized enterprises have an equitable opportunity to participate in the Canadian economy and ultimately providing consumers with competitive prices and product choices.

The Registry of the Competition Tribunal (RCT) is a small federal organization with one program activity; to provide efficient and effective support to the Tribunal in processing cases. The RCT consistently looks for ways to enhance preparedness to ensure that cases are processed promptly and fairly. Litigants expect cases to be resolved quickly and at a lower cost. The past several years have been ground-breaking for the modernization of the RCT's operations. The RCT has felt increased pressure to develop and introduce improved electronic services and it has responded appropriately. The electronic filing and hearing process it has developed has set a standard for the legal community throughout Canada. The new Rules of procedure now require the parties to submit their documents electronically. This change from the previous Rules of procedure creates an opportunity for the RCT to offer to the Tribunal and parties the option of an electronic hearing during which required documents are displayed electronically on computer screens without the need for paper documents.

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