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2007-08
Departmental Performance Report
Transportation Appeal Tribunal of Canada
The original version was signed by
The Honourable John Baird, P.C., M.P.
Minister of Transport, Infrastructure and Communities
Table of Contents
- Section I: Overview
- Section II: Analysis of Program Activity by Strategic Outcome
-
Section III: Supplementary Information
- Departmental Organization
- Table 2: Organization Chart
- Table 3: Comparison of Planned to Actual Spending (Including FTEs)
- Table 4: Average Costs for Reviews and Appeals
- Resources by Program Activity
- Table 6: Voted and Statutory Items
- Table 7: Services Received Without Charge
- Financial Statements
- ANNEX 1
- Section IV: Other Items of Interest
- Cancellations
Section I: Overview
Chairperson's Message
It is once again my privilege to report the activities of the Transportation Appeal Tribunal of Canada.
This reporting period of 2007-2008 represents almost 22 years of service by the Transportation Appeal Tribunal of Canada which together with its predecessor the Civil Aviation Tribunal has delivered quality service to Canadians.
I am pleased to confirm that the Tribunal has made progress and innovations over the past year while keeping up with its expanding mandate to include cases under the Marine Transportation Security Act and the Canada Shipping Act, 2001. The passage of the Marine Transportation Security Regulations in November 2006 with its in force date of November 2007 brings to fruition the expanded multi-modal mandate of the Tribunal. Additionally, the International Bridges and Tunnels Act has received Royal Assent. This Act confirms the federal government's exclusive jurisdiction over international bridges and tunnels. It establishes a system of administrative monetary penalties for designated infractions of the legislation which may be reviewed through the Transportation Appeal Tribunal of Canada's two-level hearing process.
The Transportation Appeal Tribunal of Canada is a quasi-judicial body which adjudicates matters that have a serious impact on the livelihood and operations of the aviation, rail and marine sectors. It fulfills the essential role of providing an independent review of ministerial enforcement and licensing actions taken under various federal transportation Acts.
The Tribunal continues to conduct itself in an open, impartial manner consistent with procedural fairness and the rules of natural justice. 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 hearings and avoids last-minute adjournments necessitated by late disclosure. This becomes an important factor given the current complexity of hearings with parties' representatives requesting hearings from five to twenty days in length.
The program's effectiveness can be measured by its ability to provide the transportation community with the opportunity to have ministerial decisions reviewed fairly, equitably and within a reasonable period of time. The average lapsed time between the conclusion of a review hearing and the issuance of a determination for this reporting period is 91 days and 88 days for an appeal. This brings the hearing process to a timely conclusion for both parties appearing before it.
Faye Smith
Chairperson
Management Representation Statement
I submit for tabling in Parliament, the 2007-2008 Departmental Performance Report for the Transportation Appeal Tribunal of Canada.
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 Tribunal's approved Strategic Outcome and Program Activity Architecture structure 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.
Faye Smith
Chairperson
Summary Information
The mandate and the jurisdiction of the Transportation Appeal Tribunal of Canada are provided for by the Transportation Appeal Tribunal of Canada Act. The Tribunal's principal mandate as a multi-modal review body is to hold review and appeal hearings at the request of interested parties with respect to certain administrative actions taken under various federal transportation Acts.
The objective of the program is to provide the transportation community with the opportunity to have enforcement and licensing decisions of the Minister of Transport reviewed by an independent body. The Minister's enforcement and licensing decisions may include 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. The person or corporation affected is referred to as the document holder.
These decisions are reviewed through a two-level hearing process: review and appeal. 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.
Financial Resources ($ thousands)
|
2007-2008 |
||
|---|---|---|
|
Planned Spending |
Total Authorities |
Actual Spending |
|
1,433.0 |
1,597.2 |
1,523.0 |
Human Resources (Full-time Equivalents (FTEs))
|
2007-2008 |
||
|---|---|---|
|
Planned |
Actual |
Difference |
|
12 |
11 |
1 |
Departmental Priorities
|
Status on Performance |
2007-2008 |
|||
|---|---|---|---|---|
|
Strategic Outcome: To provide the Canadian transportation community with the opportunity to have enforcement and licensing decisions of the Minister of Transport reviewed by an independent body. |
||||
|
Alignment to Government of Canada Outcomes |
||||
|
Priority |
Program Activity: Expected Result |
Performance Status |
Planned Spending |
Actual |
|
Priority no. 1: To hold hearings expeditiously and informally |
Hearings that are held expeditiously, fairly and informally |
Successfully met |
1,413.0 |
1,495.0 |
|
Timely disposition of review and appeal hearings within service standards |
Successfully met |
|||
|
Hearings conducted in accordance with the rules of fairness and natural justice |
Successfully met |
|||
|
Use of pre-hearing conferences to streamline and expedite the hearing process |
Successfully met |
|||
|
Quality and consistency of decision-making |
Successfully met |
|||
|
Level of satisfaction by the transportation community |
Successfully met |
|||
|
Priority no. 2: Management Accountability Framework |
Continue the implementation of modern management practices |
Ongoing |
10.0 |
25.0 |
|
Priority no. 3: Government On-line |
Improve access and service performance |
Ongoing |
10.0 |
3.0 |
Whole of Government Framework
The Whole of Government Framework was introduced in Canada's Performance 2002, and has evolved through departmental consultations over the years.
The framework provides a structural “logic model” for the Government of Canada - mapping the contributions of departments, agencies and Crown corporations that receive appropriations to a set of high-level Government of Canada outcome areas.
To achieve its strategic outcome, the Tribunal identified three strategic priorities in its Report on Plans and Priorities. The following table outlines the Tribunal's strategic outcome and alignment to Government of Canada outcomes.
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
Program Activity: Review and appeal hearings
Government of Canada Outcome: Safe and secure communities
More information regarding the Whole of Government Framework is available at the following address: http://www.tbs-sct.gc.ca/pubs_pol/dcgpubs/mrrsp-psgrr/wgf-cp_e.asp.
Section II: Analysis of Program Activity by Strategic Outcome
Strategic Outcome
The strategic outcome of the Tribunal is to provide the Canadian transportation community with the opportunity to have enforcement and licensing decisions of the Minister of Transport reviewed by an independent body.
Program Activity
The Tribunal's only activity is the provision of an independent review process for aviation, marine and rail by providing document holders with the opportunity to proceed with a hearing. The Tribunal represents the only forum ensuring that document holders have access to an independent assessment governed by considerations of natural justice. Its role does not overlap with, nor is it duplicated by, any other agency, board or commission. It is unique in the transportation sector in that its function is entirely adjudicative.
The Minister's enforcement and licensing decisions may include the imposition of monetary penalties or the suspension, cancellation, refusal to issue or refusal to renew documents of entitlement for reasons of incapacity or other grounds. The person or corporation affected is referred to as the document holder.
All hearings are held expeditiously and informally, according to 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 to the Minister for reconsideration.
The Tribunal process is able to quickly identify concerns in the transportation sector of a technical or legislative nature leading to necessary amendments to legislation for the benefit of all Canadians through the enhancement and maintenance of transportation safety in Canada.
The program's effectiveness can be measured by its ability to provide the transportation community with the opportunity to have ministerial decisions reviewed fairly, equitably and within a reasonable period of time. Tribunal hearings are readily accessible to the lay person without the attendant legal complexities and case backlogs which were visited upon the court system that prevailed prior to the creation of this Tribunal and its predecessor, the Civil Aviation Tribunal.
Overall Departmental Performance
In conducting its reviews of enforcement and licensing decisions of the Minister of Transport, the Transportation Appeal Tribunal of Canada provides a public interest program that is unique to transportation in Canada. The Tribunal's efficiencies provide visible validation and confirmation of Canada's transportation safety system. Moreover, the Tribunal process is able to quickly identify concerns in the transportation sector of a technical or legislative nature leading to necessary amendments to legislation for the benefit of all Canadians through the enhancement and maintenance of transportation safety in Canada. For 2007-2008, the Tribunal worked on 258 actual cases with a planned spending of $1 433 000 and 12 FTEs. A breakdown of cases by category and region is provided in table 1 on page 11.
In the 12-month reporting period, the Transportation Appeal Tribunal of Canada registered 141 new requests for review and 9 requests for appeal from the transportation community. This represents an increase of 46 new cases registered over fiscal year 2006-2007. In addition to the new cases registered in this reporting period, 108 cases were carried over from the previous reporting period, bringing the total caseload to 258. This represents an increase of 47 cases over 2006-2007.
In the 2007-2008 reporting period, 125 cases were concluded without a hearing. The Tribunal heard 29 first level reviews and 8 second level appeals. This represents a decrease of 28 hearings over the previous fiscal year. Of the 37 cases that proceeded to a hearing, many cases had been postponed and rescheduled to a later date. At the end of 2007-2008, 81 cases were pending further action, 5 were still awaiting decisions and 10 had been scheduled for the 2008-2009 fiscal year.
Of the 125 cases that were concluded without a hearing, many were requests registered with the Tribunal and concluded shortly before the hearing was to take place, which means that all registry work that leads up to the hearing was completed. The registry prepared for 53 hearings. In many cases an agreement was reached between the parties. In other cases, Transport Canada or the document holder withdrew their application.
Table 1: Total Cases by Category
|
Category |
Pacific |
Prairie and Northern |
Ontario |
Quebec |
Atlantic |
HQ |
Totals |
% |
|---|---|---|---|---|---|---|---|---|
| Medicals |
16 |
12 |
12 |
16 |
2 |
2 |
60 |
23 |
| Suspensions |
7 |
12 |
10 |
4 |
5 |
1 |
39 |
15 |
| Fines |
12 |
52 |
15 |
30 |
11 |
*7 |
127 |
49 |
| Cancellations |
2 |
1 |
0 |
5 |
0 |
0 |
8 |
3 |
| Refusal to issue |
6 |
5 |
5 |
3 |
1 |
1 |
21 |
9 |
| Rail orders |
0 |
0 |
0 |
1 |
1 |
1 |
3 |
1 |
| Totals |
43 |
82 |
42 |
59 |
20 |
12 |
258 |
100 |
| % |
17 |
32 |
16 |
23 |
8 |
4 |
100 |
*includes one case from the Canadian Transportation Agency.
Indicators in table 1 are actual numbers of cases. Total cases by category are not sufficient to determine all financial implications by simply forecasting the number of applications received by type of infraction and the manner in which they are resolved. However, an estimated cost average for review and appeal hearings for the past three fiscal years is presented in table 4 at page 16.
The program's effectiveness can be measured by the Tribunal's ability to provide the transportation community with the opportunity to have ministerial decisions reviewed fairly, equitably and within a reasonable period of time. Tribunal hearings are readily accessible to the lay person without the attendant legal complexities and case backlogs which were visited upon the court system that prevailed prior to the creation of this Tribunal and its predecessor, the Civil Aviation Tribunal.
The Tribunal strongly encourages its members to provide their determinations with written reasons promptly. This permits the parties to better understand the outcome of the matter and, where applicable, to make a more enlightened decision as to the exercise of their right of appeal. The average lapsed time between the conclusion of a review hearing and the issuance of a determination is 91 days. The average lapsed time between the conclusion of an appeal hearing and the issuance of a decision is 88 days. Given the increased complexity of the cases as well as the increase in number of counts contained in the notices, we are satisfied that the hearing process has been brought to a timely conclusion for both parties appearing before the Tribunal.
The Tribunal's mission is to do justice and be seen to do justice in all reviews and appeals and to resolve disputes according to the Transportation Appeal Tribunal of Canada Rules in all cases in a fair, independent and timely manner.
In 2007-2008, the Tribunal referred 6 cases back to the Minister. The Minister confirmed its original decision in one case, and we are awaiting the outcome in the 5 remaining decisions.
The success of the Tribunal over the past 22 years can be attributed to the importance placed on the training and development of its part-time members and staff. Over the past 12 months, the Tribunal has held a number of training sessions for the newly appointed members. The sessions were conducted in Ottawa. The new members represented both the marine and aviation sectors. The skilfully developed training programs and seminars are reflected in the quality of hearings held across the country and in the decisions rendered by Tribunal members.
Societal Indicators
The Transportation Appeal Tribunal of Canada represents the only forum for ensuring that document holders have access to an independent assessment governed by considerations of natural justice. Its role does not overlap with, nor is it duplicated by, any other agency, board or commission. It is unique in the transportation sector in that its function is entirely adjudicative. There are approximately 72 511 aviation personnel licences and permits and 34 150 rail personnel in Canada and approximately 31 886 private registered aircraft and 3 000 locomotives in service. Because of this volume, the number of infractions will rise. The level of enforcement action is entirely controlled by Transport Canada which in turn determines the workload of the Tribunal. The Tribunal is also affected by the Department's rewrite of its aviation, rail and marine regulations including the designation of a large number of offences under the designated provisions set out in the Canadian Aviation Regulations.
Government Priorities
The Transportation Appeal Tribunal of Canada reports to Parliament through the Minister of Transport. Its clients currently are the aviation, rail and marine communities and Transport Canada. The Tribunal serves the transportation public by contributing to a safe and efficient oversight process for transportation safety and security in Canada.
Modern Comptrollership
Building on the successes achieved from activities implemented under the Modern Comptrollership initiative, the Transportation Appeal Tribunal of Canada is continuing to move forward in the implementation of modern management practices which remains a key priority.
The Tribunal continues to work in partnership with three other small agencies, namely, the Registry of the Competition Tribunal, the Canadian Artists and Producers Professional Relations Tribunal and the Copyright Board of Canada, which formed a cluster group when the Modern Comptrollership Initiative was implemented in 2001-2002.
The cluster group focused on developing an action plan in response to a request from the Secretary of the Treasury Board for an integrated management framework. The Management Accountability Framework (MAF) sets out the Treasury Board's expectations for good public service management. It is structured around 10 key elements that collectively define “management”.
Initiative
The Tribunal organizes panel discussions and meetings with transportation community associations representing clients of the Tribunal to explain changes to rights, roles, responsibilities and obligations under the Transportation Appeal Tribunal of Canada Act, and to seek their point of view on the subject. The Tribunal also gives information sessions to law and aviation students.
Section III: Supplementary Information
Departmental Organization
The Transportation Appeal Tribunal of Canada's only business line is to hold review and appeal hearings.
The office of the Tribunal is located in the National Capital Region. The Tribunal's Chairperson is also its chief executive officer. The Chairperson, Vice-Chairperson and immediate staff account for 12 FTEs. The immediate staff carries out the functions of registry, research, communications and administrative support. The Tribunal outsources some corporate services that are not required full-time. Twenty-nine part-time members were in office during 2007-2008, twenty-five in aeronautics, including medicine, three in rail and one in marine. Members are drawn from across Canada and are appointed by order in council on the basis of their knowledge and expertise. The part-time members are remunerated for the days they serve.
Table 2: Organization Chart
- The lower half of the organization chart displays the distribution of part-time members and their area of expertise by region. All members report to the Chairperson.
- Twelve FTEs are utilized by the indeterminate full-time employees including the Chairperson and the Vice-Chairperson.
Table 3: Comparison of Planned to Actual Spending (Including FTEs)
|
($ thousands) |
2005-2006 Actual |
2006-2007 Actual |
2007-2008 |
|||
|---|---|---|---|---|---|---|
|
Main Estimates |
Planned Spending |
Total Authorities |
Total Actual |
|||
| Provision of an independent review process |
1,284.8 |
1,337.0 |
1,433.0 |
1,433.0 |
1,597.2 |
1,523.0 |
| Total |
1,284.8 |
1,337.0 |
1,433.0 |
1,433.0 |
1,597.2 |
1,523.0 |
| Plus: Cost of services received without charge |
223.9 |
225.8 |
222.9 |
222.9 |
222.9 |
222.9 |
| Net cost of Tribunal |
1,508.7 |
1,562.8 |
1,655.9 |
1,655.9 |
1,820.1 |
1,745.9 |
| FTEs |
8 |
10 |
12 |
12 |
12 |
12 |
In 2007-2008, planned spending for the Tribunal was $1 433 000. The actual expenditures were $1 523 216. The personnel costs accounted for 57% of actual expenditures and operations accounted for 43%. The cost for preparing and holding hearings was $185 655.
Table 4: Average Costs for Reviews and Appeals
|
2007-2008 |
2006-2007 |
2005-2006 |
|
| Reviews |
$5,446 |
$4,599 |
$5,134 |
| Appeals |
$3,461 |
$4,463 |
$7,249 |
| Reviews and Appeals Held |
37 |
39 |
63 |
| Monthly Average |
3.08 |
3.25 |
5.25 |
| Caseload |
258 |
211 |
272 |
When comparing the types of hearing actions, there are significant variances in resources spent due to uncontrollable factors such as location, travel, time spent on hearings, remuneration, interpreters, preparation, decision writing, costs for court reporting, transcripts and translations. The Chairperson presided over 6 of the 37 cases. Sometimes, cases are heard together to reduce costs. The average costs fluctuate each fiscal year as they are determined by the number of reviews and the complexity of cases.
Resources by Program Activity
| 2007-2008 ($ thousands) | ||||||
|
Provision of an independent review process |
Budgetary |
Plus: Non- Budgetary |
Total |
|||
|
Operating |
Capital |
Less: Respendable Revenue |
Total: Net Budgetary Expenditures |
Employee Benefit Plans |
||
| Main Estimates |
1,307.0 |
- |
- |
1,307.0 |
126.0 |
1,433.0 |
| Planned Spending |
1,307.0 |
- |
- |
1,307.0 |
126.0 |
1,433.0 |
| Total Authorities |
1,471.2 |
- |
- |
1,471.2 |
126.0 |
1,597.2 |
| Actual Spending |
1,411.1 |
- |
- |
1,411.1 |
111.9 |
1,523.0 |
Table 6: Voted and Statutory Items
|
Vote or Statutory Item |
Truncated Vote or Statutory Wording |
2007-2008 ($ thousands) |
|||
|---|---|---|---|---|---|
|
Main Estimates |
Planned Spending |
Total Authorities |
Actual |
||
|
70 |
Operating expenditures |
1,307.0 |
1,307.0 |
1,471.2 |
1,411.1 |
|
(S) |
Contributions to employee benefit plans |
126.0 |
126.0 |
126.0 |
111.9 |
| Total |
1,433.0 |
1,433.0 |
1,597.2 |
1,523.0 |
|
Table 7: Services Received Without Charge
|
2007-2008 |
|
|---|---|
| Total Actual Spending |
1,523.0 |
| Plus: Services Received without Charge | |
| Accommodation provided by Public Works and Government Services Canada |
175.1 |
| Contributions covering the employers' share of employees' insurance premiums and expenditures paid by Treasury Board Secretariat (excluding revolving funds) |
47.8 |
| 2007-2008 Net cost of Tribunal |
1,745.9 |
Financial Statements
In its Annual Report for the fiscal year 2007-2008 (http://www.tatc.gc.ca/doc.php?did=56&lang=eng), the Tribunal includes financial statements that provide an accounting of the Tribunal's administration of its public financial affairs and resources.
Financial statements are prepared in accordance with accrual accounting principles. The unaudited supplementary information presented in the financial tables in the Annual Report is prepared on a modified cash basis of accounting in order to be consistent with appropriations-based reporting.
ANNEX 1
Future Plans
The Transportation Appeal Tribunal of Canada replaces the Civil Aviation Tribunal which was established under Part IV of the Aeronautics Act in 1986. On the recommendation of the Minister of Transport, pursuant to section 73 of the Transportation Appeal Tribunal of Canada Act, assented to on December 18, 2001, the Act officially came into force on June 30, 2003. The Transportation Appeal Tribunal of Canada, the multi-modal tribunal, is available to the air, rail and marine sectors. Section 2 of the Transportation Appeal Tribunal of Canada Act amends the Aeronautics Act, the Canada Shipping Act, 2001, the Canada Transportation Act, the Marine Transportation Security Act and the Railway Safety Act to establish the jurisdiction and decision-making authorities of the Tribunal under those Acts. The Tribunal's caseload will increase considerably over the next few years.
The Marine Transportation Security Regulations, passed in November 2006, came into force in November 2007. Our anticipated future plans of the past few years have come to fruition. Bill C-7, An Act to amend the Aeronautics Act and to make consequential amendments to other Acts, currently at third reading stage, proposes increased monetary penalties for contraventions of designated provisions. As reported last year, the passage of the International Bridges and Tunnels Act provides the federal government with the legislative authority to ensure effective oversight of the existing 24 international vehicular bridges and tunnels and 9 international railway bridges and tunnels, as well as any new international bridges or tunnels built in the future. Regulations enabling commencement of cases before the Tribunal under the Marine Transportation Security Act and the Canada Shipping Act, 2001 are now in force and the Tribunal is keeping a watching brief on its expanding mandate.
Government of Canada On-line
In 2008-2009, the Tribunal will continue to improve the delivery of its key services to the public for greater efficiencies and increased client satisfaction and will improve access and service performance by making ongoing modifications to its Web site and by providing Internet links.
Statutory Annual Report
Under section 22 of the Transportation Appeal Tribunal of Canada Act, the Tribunal shall, not later than June 30 in each fiscal year, submit a report of its activities during the preceding fiscal year.
Section IV: Other Items of Interest
Contacts for Further 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
Faye Smith – Chairperson
Eleanor Humphries – Vice-Chairperson
Mary Cannon – Registrar (Ontario, Prairie & Northern and Pacific Regions)
Monique Godmaire – Registrar (Headquarters, Quebec and Atlantic Regions)
Suzanne Lagacé – Communications Manager
Carl Poulin – Executive Services Manager
Statutes and Regulations Currently in Force
| Transportation Appeal Tribunal of Canada Act | S.C. 2001, c. 29 |
| Transportation Appeal Tribunal of Canada Rules | SOR/93-346 |
| Aeronautics Act (and subordinate legislation) | R.S.C. 1985, c. A-2 |
| Canadian Aviation Regulations | SOR/96-433 |
| Canada Transportation Act | S.C. 1996, c. 10 |
| Canadian Transportation Agency Designated Provisions Regulations | SOR/99-244 |
| Railway Safety Act | R.S.C. 1985, c. 32 (4th Supp.) |
| International Bridges and Tunnels Act | S.C. 2007, c. 1 |
| Marine Transportation Security Act | S.C. 1994, c. 20 |
| Marine Transportation Security Regulations | SOR/2004-144 |
| Canada Shipping Act, 2001 | S.C. 2001, c. 26 |
| Administrative Monetary Penalties Regulations | SOR/2008-97 |
Statutory Annual Report and Other Departmental Reports
Report on Plans and Priorities 2008-2009
Annual Report 2007-2008
Guide for Applicants
Reference
The tables are presented under five categories:
Suspensions
- AME*
- AMO**
- CCP****
- operator certificate
- operator security
- personnel security
- pilot competence
- pilot enforcement
- pilot instrument rating
- pilot proficiency check
Cancellations
- AME
- certificate of airworthiness
- operator
- personnel security
- pilot
Refusal to Issue
- AME
- medical certificate
- pilot and others
Fines
- AME
- AMO
- ATC***
- aircraft owner
- operator security
- operator
- personnel security
- pilot
Medicals
- ATC
- pilot
* AME: aircraft maintenance engineer
** AMO: approved maintenance organization
*** ATC: air traffic controller
**** CCP: company check pilot authority