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Section II: Analysis of Program Activities 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.

The Tribunal’s only activity is the provision of an independent review process for aviation, rail and marine 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 field, in that its function is entirely adjudicative.

Program Activity by Strategic Outcome

Program Activity: Review and Appeal Hearings

2009–10 Financial Resources (Thousands of dollars)			2009–10 Human Resources (FTEs)
Planned Spending	Total Authorities	Actual Spending	Planned	Actual	Difference
1,337.0	1,788.8	1,429.2	12	8	2

Expected Results	Performance Indicators	Targets	Performance Status	Performance Summary
Access to an independent assessment governed by considerations of natural justice	Hearings conducted in a timely manner	100% of decisions rendered within 90 days	Mostly met	The average lapsed time between the conclusion of a Review Hearing and the issuance of a determination was on average 130 days for a Review Hearingand 120 days for an Appeal Hearing for fiscal year 2009-2010. The increase in lapsed time was caused by the increased complexities of cases brought before the Tribunal.
Plans, measures and arrangements are in place to ensure the continuous delivery of critical services, which permits the organization to recover its data and assets	Business Continuity Plan (BCP) developed Tools to maintain business continuity plan readiness, such as contingency plan, emergency response plan, etc.	March 2009	Mostly met	A BCP has been in place since 2007 and is reviewed on a yearly basis to ensure and maintain its business continuity plan readiness.
Improved awareness and better information among the Transportation community and key stakeholders with respect to the Tribunal’s mandate, services and decisions	Tribunal information accessible to the lay person in a timely manner	June 2009	Successfully met	3500 decisions were uploaded onto the Tribunal’s Web site in both official languages.

Canada’s Economic Action Plan (CEAP)

Funding in the amount of $98,000 was received to support the implementation of railway safety initiatives and to enhance the Grade Crossing Improvement Program. This initiative is in support of the Canada’s Economic Action Plan, under Action to Support Business and Communities. The funding was not utilized in the fiscal year as no Rail Members were appointed.

Benefits for Canadians

The Tribunal is unique in the transportation field in that its sole function is adjudicative. It provides document holders and even passengers with the opportunity to have an independent hearing that is informal, expeditious and fair.

The cases before the Tribunal are regulatory in nature and concern matters of safety and security.

The Tribunal’s performance indicators verify that these cases are conducted in a timely manner and that Tribunal information is accessible on its Web site.

The Tribunal process is able to quickly identify concerns in the transportation field 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 and security in Canada.

Performance Analysis

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 is 130 days and 120 days for an Appeal Hearing. This brings the hearing process to a timely conclusion for both parties appearing before the Tribunal.

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.

Facilitating discussions before the parties have also been particularly effective in settling licence suspensions and the refusal to renew on medical grounds without the necessity of a hearing. The Tribunal Registrars contact the parties to schedule mutually agreed hearing dates to the extent possible to avoid unnecessary adjournments.

In 2008-2009, the Tribunal referred 2 aviation cases back to the Minister of Transport for reconsideration, pursuant to section 7.1 of the Aeronautics Act, the Tribunal lacking the power to substitute its own decision for that of the Minister in these cases. The Minister confirmed its original decision in one case, and we are still awaiting the outcome in the other case.

In 2009-2010, the Tribunal did not refer any cases back to the Minister for reconsideration.

Lessons Learned

The Tribunal’s activity is the provision of an independent review process for aviation, rail and marine by providing document holders with the opportunity to proceed with a hearing.

Lessons learned can be defined as experiences acquired in the execution of programs and services that can provide value-added direction to future plans and efforts to achieve results. A plan must be in place to address and follow up on these actions and directions in future Report on Plans and Priorities.

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 the hearing, the registry will arrange a teleconference with a Tribunal Member.

These experiences in aviation sector cases will prove valuable as marine and rail sector cases increase in complexity and will provide precedents in training sessions.

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