ARCHIVED - RPP 2007-2008
NAFTA Secretariat

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SECTION 2: ANALYSIS OF PROGRAM ACTIVITIES BY STRATEGIC OUTCOME

2.1  Strategic Outcome

A highly efficient, impartial and rules-based international trade dispute resolution process that benefits Canadian exporters to NAFTA countries, as well as NAFTA country exporters doing business in Canada.

The NAFTA Secretariat, Canadian Section, has one strategic outcome and two program activities (administration of international trade dispute and corporate services).  Our strategic outcome is directly aligned with one of the Government of Canada’s outcomes, which is “A Strong and Mutually Beneficial North American Partnership” (see Section 3.8 for Organization Link to Government of Canada’s Outcome Areas). 

2.2  Program Activity -Administration of International Trade Dispute Settlement Mechanisms

Table 4 shows priorities by our key program activity, which is the administration of international trade dispute settlement mechanisms.  Information on corporate services is also incorporated in the key program activity. 

Table 4: Priorities by Program Activity

Program Activity	Planned Activities	Planned Spending
Administration of International Dispute Settlement Mechanisms	provide procedural advice provide administrative support applying fair and equitable administrative process provide timely access to  case documents planning and coordination with other national sections strengthen library and reference centre services continuous learning organizational learning provide corporate reporting to central agencies review of agency’s policies   improvement of the Registry Information System and website	3,001,000

The two boxes below show information on planned spending on financial and human resources over the coming three-year period with respect to the administration of international trade disputes.  

Financial Resources:

2007-2008	2008-2009	2009-2010
$3,001,000	$3,001,000	$3,001,000

Human Resources:

2007-2008	2008-2009	2009-2010
13 FTEs	13 FTEs	13 FTEs

To achieve its strategic outcome through proper administration of its key program activity, the NAFTA Secretariat, Canadian Section has established the following priorities:

2.2.1 Improved Support to Panels and Committees – The NAFTA Secretariat, Canadian Section is committed to administer the dispute settlement processes in a timely, fairly and effective manner.  The major tasks includecase management, administrative, technical and logistical support to panels and committees, including the administration of a court-like registry at a level comparable to other registries of superior courts of record in Canada.

In addition, the Canadian Section will continue to increase the assets of its library and reference centre for the benefit of panelists and theirs assistants in the three NAFTA countries, as well as academics and trade experts interested by international trade dispute resolution processes (visit http://www.nafta-sec-alena.org/canada/index-eng.aspx?CategoryId=79).  Through local municipal libraries’ inter-library loan protocol, the Secretariat’s collection is also available to the general public.

2.2.2 Unbiased and Equitable Administrative Process– Fundamental to the effectiveness of the NAFTA Secretariat is its independence from the three national governments that are Parties to the Agreement.  This independence allows it to offer impartial guidance, accurate information and timely administrative support to the panels of experts who hear and decide on cases brought before them.  

To this end the NAFTA Secretariat, Canadian Section is committed to applying fair and equitable procedural and administrative policies that are governed by the rules and regulations as well as legal principles applicable to the proceedings.

2.2.3 Openness and Accountability - The NAFTA Secretariat, Canadian Section is committed to the promotion of a corporate culture that ensures transparent management processes and accountability to the NAFTA Free Trade Commission, the Government and the public.

The ISO 9001: 2000 Quality management system was fully implemented in 2006-2007 fiscal year.  This quality system calls for continuous improvements and is expected to further our commitment to maintaining the highest quality of service in the administration of dispute settlement mechanisms.

2.2.4 Increased National and International Collaboration -  Collaboration with the other national sections in joint administration of panels as well as in joint development of policies and programs aimed at facilitating the operations of the dispute resolution processes is of paramount importance in fulfilling the mandate of the NAFTA Secretariat. 

To this end, the Canadian Section will continue its coordination and collaborative endeavour with the other national sections in joint policy and systems development as well as in the joint administration of dispute settlement panels.

Additionally, we will continue with our multi-year project of digitization of all completed panel review documents for preservation, speedy retrieval process and research purposes.  As well, we will improve and modernize the Registry Information System and the website in order to better serve our clients.

2.2.5 Operational Efficiency and Effectiveness - The NAFTA Secretariat, Canadian Section is committed to employing new information technologies to further develop and enhance systems and processes that improve the overall effectiveness and efficiency of the dispute settlement processes. 

To this end, we will continue our collaborative endeavor with the Mexican and the Unites States national sections in utilizing information technology infrastructure that promotes information sharing and improved productivity.

2.2.6 Highest Quality of Service - The NAFTA Secretariat, Canadian Section must be able to recruit on a timely basis, retain competent and dedicated employees, and provide them with a work environment conducive to their learning and development.  Therefore, a continued focus must be placed on the strategic management of human resources.  This year, our performance objectives include:

2.2.6.1 Healthy Work Environment – The NAFTA Secretariat, Canadian Section is committed to a work environment that puts a priority on teamwork, communications and respect.  This will be done by offering staff new opportunities to provide input to decision-making, by continuing to foster good internal communications and to recognize staff for good performance and for taking initiative.

2.2.6.2 Adaptable Workforce – The Secretariat will emphasize career development, continuous learning and retention.  During this fiscal year, the new Talent Management Policy will be fully implemented.

2.2.6.3 Organizational Learning – The Secretariat will provide employees with the appropriate tools and support needed to do their job.  The Secretariat will promote sharing of information and knowledge, document policies, operating procedures and guidelines in order to help retain corporate knowledge.  It will put in place an organization-wide learning strategy and plan as stated in the new Talent Management Policy.

2.3  What the priorities mean for Canadians

As one of the world’s most active trading nations, Canada benefits immensely from the existence of agreements to govern trade and especially, the resolution of trade disputes.  Since the establishment of the Canada-United States Free Trade Agreement and its successor the North American Free Trade Agreement, Canada has experienced dramatic economic growth that has created hundreds of thousands of jobs for Canadians and contributed to strengthening our national economy.  The federal government recognizes that trade policy and trade relations are crucially important to the achievement of Canada’s economic and social goals.  Rules-based international trade dispute settlement system is therefore a crucial part of “international affairs’ framework of the Government of Canada.

2.4  Performance Measurement Strategy

In 1994, in conjunction with the Treasury Board Secretariat, the Canadian Section completed a comprehensive benchmark survey of its services and stakeholders satisfaction.  At the completion of each panel review, the Canadian Section has been monitoring the satisfaction with its services by requesting that stakeholders complete a monitoring questionnaire.  The most important service qualities clients are asked to rate include:

• satisfaction with accuracy, relevance and quality of information;
• the impartiality of the information provided;
• provision of guidance by senior staff on the dispute settlement;
• processes, rules of procedures and code of conduct;
• accessibility to documents and staff;
• independence of the Secretariat, Canadian Section as a separate government agency; and
• scheduling of panel hearings/panel meetings/conference calls.

This ongoing feedback enables the Section to evaluate its services on an ongoing basis and to maintain its high service standards as well as abide by its guiding principles (see Annex B).

Additionally, the Canadian Section obtains feedbacks on its program and activities from its employees at regular management meetings and other key strategic planning meetings.

2.5  Key Program

As indicated in Sections 1 and 2 above, the NAFTA Secretariat, Canadian Section, has a single strategic outcome to achieve and one key program activity to administer.  The Secretariat principally provides independent professional support to the expert panels that adjudicate countervailing and antidumping duty disputes involving the NAFTA parties.  Since its establishment, the Secretariat has become a centre of expertise on the management of the dispute settlement process.  It has developed effective and efficient procedures, attracted rosters of highly qualified trade law experts from which panelists are chosen to hear cases, and ensured the smooth administration of the NAFTA’s dispute settlement machinery.

During the 2007-2008 fiscal year, the three national sections of the NAFTA Secretariat will continue to administer all panel proceedings that were filed in prior years and that were still active at the time of writing this report.  As well, additional panel reviews could be filed during the planning period.  The Registry will process and preserve panel review documents, organize panel hearings, issue panel decisions and orders, while ensuring confidentiality of business proprietary information.  Research activities, speedy service and timely communication throughout the life of panel proceedings will also be carried out.

 

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