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The past year has been a challenging one for the Canadian economy, as it has been for the economies of all industrialized countries. The global economic crisis put the fiscal and economic frameworks of all countries to the test. But Canada entered the recession with solid fundamentals - balanced budgets, decreasing debt and taxes, a strong financial sector and robust economic policies. Consequently, Canada is in a comparatively good position to effectively respond to this time of economic challenge.
The Industry Portfolio played a significant role in developing Canada's resiliency and ability to weather the current crisis. Composed of 11 departments, agencies, Crown corporations and quasi-judicial bodies, the Portfolio includes major instruments in the Government of Canada's tool kit for building a competitive economy.
In 2008-09, such measures included continued support for the Registry of the Competition Tribunal, a strictly adjudicative body that operates independently of any government department and hears cases dealing with matters such as mergers, misleading advertising and restrictive trade practices.
In January 2009, the government introduced Canada's Economic Action Plan, which contained stimulative measures to respond to the global recession. Industry Portfolio members played, and will continue to play, a central role in developing and implementing a significant number of these critical initiatives. These measures range from programs to upgrade research infrastructure at Canada's universities and colleges, to helping small businesses bring innovative products to market, to supporting major tourism events, to enhancing community and recreational facilities and other municipal infrastructure in Ontario. For more information, visit the Canada's Economic Action Plan website.
As a country, we are emerging from the recession by creating a climate that encourages innovation, productivity and competitiveness - helping Canadian industry move to the forefront of the global knowledge economy. The Industry Portfolio members, and other federal departments and agencies are working in partnership so that Canada continues to enjoy a high standard of living and a prosperous future.
It is my pleasure to present the Registry of the Competition Tribunal's Performance Report for 2008-09.
The Honourable Tony Clement
Minister of Industry
The Registry of the Competition Tribunal provides the administrative infrastructure to support the proper conduct of the business of the Competition Tribunal. The Competition Tribunal is a quasi-judicial adjudicative tribunal whose sole purpose is to hear and decide all applications related to civil reviewable matters set out in Part VII.1 (Deceptive Marketing Practices) and Part VIII (Reviewable Matters) of the Competition Act. The purpose of this legislation is to maintain and encourage competition in Canada and to provide a fair and secure marketplace for Canadians. The Tribunal operates at arm’s length from government and its departments. The Competition Tribunal Act establishes both the Tribunal and the Registry.
The Registry of the Competition Tribunal is designated a department under the Financial Administration Act. It provides the administrative infrastructure to support the proper conduct of the business of the Competition Tribunal, supporting all aspects to the Tribunal’s work and ensuring the Tribunal can hold hearings anywhere in Canada, as necessary. The Registry and the Tribunal operate at arm’s length from government and its departments and were established by the Competition Tribunal Act. Registry headquarters are located in the National Capital Region. Parties to Tribunal cases file applications and documents with the Registry; the Registry also issues 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 Tribunal cases themselves.
Since its creation in 1986, the Registry has provided support to the Tribunal in processing cases relating to mergers, abuse of dominant position and various trade practices that have involved key players in several industries. Cases have involved a number of business areas, including pharmacies; furniture stores; importers of cast iron pipes; airline computer reservation systems; oil refining and gasoline retailing; community newspapers; aspartame; waste disposal; car parts; marketing research services; green handling services; weight-loss products and fuel-saving devices.
The Registry of the Competition Tribunal’s main program activity is to process cases by providing the public with efficient access to case documents and decisions, as well as with efficient hearing support services.
The Tribunal hears cases and the Registry manages the material for the cases heard by the Tribunal under Part VII.1 (Deceptive Marketing Practices) and Part VIII (Reviewable Matters) of the Competition Act.
Internal Services is an umbrella term for activities under the Registry’s administration that meet program needs and other corporate obligations. These activities 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; material services; acquisition services; and travel and other administrative services.
Planned Spending | Total Authorities | Actual Spending |
---|---|---|
$1,699 | $2,107 | $1,691 |
Planned | Actual | Difference |
---|---|---|
14 FTEs | 11 FTEs | 3 FTEs |
The difference is mainly caused by staff turnover. As a micro-agency, the Registry can offer only limited development opportunities within its organization.
Performance Indicators | Targets | 2008-09 Performance |
---|---|---|
Open, fair, transparent and expeditious hearings related to the Tribunal’s jurisdiction. | 80% or more clients are satisfied with service received from the Registry | Based on feedback received through our website, 82% of respondents were satisfied with our services. From the questionnaires sent to the parties that have had their case heard during this fiscal year, more than 92% of clients are very satisfied with the service received from the Registry. |
Program Activity | 2007-08 Actual Spending |
2008-09 | Alignment to Government of Canada Outcomes | |||
---|---|---|---|---|---|---|
Main Estimates |
Planned Spending |
Total Authorities |
Actual Spending |
|||
Process Cases | $1,698 | $1,328 | $1,328 | $1,628 | $1,233 | This program activity links to the Economic Affairs sector of activity of the Government of Canada, particularly the outcome area of a fair and secure marketplace. |
Internal Services | N/A | $371 | $371 | $479 | $470 | |
Total | $1,698 | $1,699 | $1,699 | $2,107 | $1,691 |
Operational Priorities | Type | Status | Links to Strategic Outcome(s) |
---|---|---|---|
Improving Client Service | Previously committed to | Successfully met The feedback received from our internal and external clients has been very good and shows that the Registry is meeting their expectations. |
|
Modernizing technology and processes | New | Successfully met |
|
Providing legal support to the Tribunal processes | New | Successfully met |
|
Management Priorities | Type | Status | Links to Strategic Outcome(s) |
---|---|---|---|
Improving Management Practices | Previously committed to | Successfully met |
This managemt priorty is in full support of the internal services program activity. The partnership with the other tribunal ensures that both organizations have access to financial and information technology expertise. Public funds are maximized even in an environment of varying workload . |
Focus on employee learning and development |
Previously committed to | Successfully met |
|
The Registry of the Competition Tribunal has a major planning challenge in that the Tribunal can only react to external demands. Its sole function is hearing references and applications and issuing orders, and the number of applications brought before the Tribunal depends on the enforcement policy adopted by the Commissioner of Competition and the number of applications filed by individuals or companies under the private access provisions of the Act.
With "Improving Client Service" being a key operational priority for the Registry it was important to look at alternatives to ensure an adequate level of resources would be available to process cases. A review of our organizational structure was initiated and a partnership was developed with the Public Servants Disclosure Protection Tribunal to provide additional capacity to be channelled in the processing of cases as necessary.
The demand for services from the Registry has remained relatively stable. The Registry has been allotted an increase in its reference level to effectively manage its existing workload, as well as the anticipated increase in cases generated from the additional jurisdiction given to the Tribunal in the 2009 federal budget.
The Registry has experienced a high turnover of staff in recent years and, as in any micro-agency, succession planning for specialized positions is an issue. To mitigate the impact of a sudden departure of an employee with unique responsibilities, a back-up strategy was developed and implemented for every position. Training was provided to some employees to ensure they had the knowledge and abilities required to fulfil their new responsibilities if and when required to take on additional workload. Other initiatives, such as more flexible working arrangements, a partnership with the Public Servants Disclosure Protection Tribunal Canada for job sharing and talent management, and integrating summer students on a part-time basis, have been actively pursued.
(in thousands of dollars) | 2006-07 | 2007-08 | 2008-09 |
---|---|---|---|
Estimates | $1,686 | $1,696 | $1,699 |
Planned | $1,686 | $1,696 | $1,699 |
Authorized | $1,722 | $1,911 | $2,107 |
Actual | $1,701 | $1,698 | $1,691 |
The number of cases filed at the Tribunal has remained fairly stable over the last few years. To ensure the Registry can maintain its current level of service and in anticipation of additional cases due to an increase in the jurisdiction of the Tribunal, more resources were allocated to the Registry. Bill 10 – An Act to implement certain provisions of the budget tabled in Parliament on January 27, 2009 and related fiscal measures introduced significant amendments to the Competition Act. Some po
rtions affect directly the work of the Competition Tribunal. For example, the administrative monetary penalties for deceptive marketing practices have been increased significantly. The possibility of restitution in cases of false or misleading representations to the public was introduced. The Act also repealed the criminal provisions dealing with price discrimination, predatory pricing and price maintenance. It introduced a new civil provision to address price maintenance practices that have an adverse effect on competition. These cases will now be heard by the Tribunal.
Vote # or Statutory Item (S) | Truncated Vote or Statutory Wording | 2006-07 Actual Spending |
2007-08 Actual Spending |
2008-09 Main Estimates |
2008-09 Actual Spending |
---|---|---|---|---|---|
1 | Operating expenditures | $1,524 | $1,537 | $1,546 | $1,566 |
(s) | Contributions to employee benefit plans | $177 | $161 | $153 | $125 |
Total | $1,701 | $1,698 | $1,699 | $1,691 |