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For the period ending March 31, 1998
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Canadian International Trade Tribunal Paul Martin
Section I: The Chair's MessageI am pleased to present the Performance Report of the Canadian International Trade Tribunal (the Tribunal) for fiscal year 1997-98. The Tribunal is a key player within Canada's trade remedies system as a result of its jurisdiction under the North American Free Trade Agreement (NAFTA), the Agreement on Internal Trade (AIT) and the World Trade Organization (WTO) agreements. The Tribunal is an organization characterized by a most diversified mandate, whose workload is externally generated. Fiscal year 1997-98 was no different in the sense that the Tribunal had to effectively coordinate a workload made up of dumping and/or subsidizing inquiries, appeals of decisions of the Department of National Revenue (Revenue Canada), procurement complaints, investigations into tariff relief requests and a reference from the Governor in Council on dairy blends. Nevertheless, the Tribunal met all statutory or prescribed deadlines. As indicated in the Tribunal's Performance Report for fiscal year 1996-97, the Tribunal carried out an in-depth review of its procedures related to inquiries with a view to streamlining its activities. These efforts were carried on in 1997-98 and more specifically in the area of "requests for information" as a mean of better managing the inquiry and hearing processes. Finally, the Tribunal is pursuing its efforts to enhance accessibility by stakeholders through more extensive use of information technology. The Tribunal's Performance Report for fiscal year 1997-98 demonstrates that the Tribunal has a key role in the government's trade and economic agenda.
Section II: Departmental OverviewA. Mandate, Mission & VisionMandateThe Tribunal derives its authority from the Canadian International Trade Tribunal Act (the CITT Act), which received Royal Assent on September 13, 1988. The Tribunal's mandate is to: · conduct inquiries into whether dumped or subsidized imports have caused material injury or retardation or are threatening to cause material injury to a domestic industry; MissionThe Tribunal is a key player within Canada's trade remedies system. In its quasi-judicial role, the Tribunal protects Canadian producers from two important forms of unfair competition originating in foreign countries: injurious dumping and subsidizing. The Tribunal also acts as a court of easy access for appeals from Revenue Canada decisions on customs and excise matters and for complaints regarding designated government procurements. In its advisory role, the Tribunal assists the government, through its fact-finding inquiries, in the formulation of strategies aimed at making Canadian producers more competitive in the global trade environment. Through its standing reference on textile tariff relief, the Tribunal assists the government in determining the levels of tariffs that will ensure that economic gains for Canada are maximized in an industry that faces changing market demands. With the emergence of a freer and more open trading system, Canada must increasingly rely on a fair and efficient trade remedies system. Through its various jurisdictions, the Tribunal contributes to the maintenance of a healthy Canadian economy and to fair trading relations with Canada's trade partners. B. Operating EnvironmentThe Tribunal is an independent quasi-judicial body that carries out its statutory responsibilities in an autonomous and impartial manner and reports to Parliament through the Minister of Finance. The economic climate is a key external factor affecting the work of the Tribunal. It is a responsive institution reacting entirely to external demand. Downturns in the domestic and global economies usually lead to the deterioration of markets and to increased competition for the remaining business. At such times, domestic producers become increasingly sensitive to competition from imports and increasingly likely to seek protection against them. This generally leads to a larger number of inquiries in response to dumping and/or subsidizing complaints under SIMA. The work of the Tribunal under SIMA is of special interest and importance to domestic producers, importers and exporters, to the primary industrial and service sectors of the economy, as well as to counsel and consultants active in trade matters. NAFTA, the AIT and the AGP require signatory governments to maintain an independent bid challenge (complaint) authority. The CITT Act establishes the Tribunal as the complaint authority for Canada. As the bid challenge authority for federal government procurement, the Tribunal determines whether the government institution responsible for the procurement under review has met the requirements of international and national trade agreements and Canadian legislation. The work of the Tribunal is therefore of interest to potential suppliers as well as to federal departments and agencies, and crown corporations covered by NAFTA, the AIT and/or the AGP. The Tribunal also hears appeals of Revenue Canada decisions made under the Customs Act, the Excise Tax Act and SIMA. The work of the Tribunal in this area has an impact on Canadian taxpayers, businesses, customs brokers and counsel involved in trade matters. Pursuant to a reference from the Minister of Finance, the Tribunal investigates requests from domestic producers for tariff relief on imported textile inputs for use in their manufacturing operations and makes recommendations in respect of those requests to the Minister of Finance. The work of the Tribunal under the textile reference is therefore of interest and importance to the apparel and textile sectors of the economy. Finally, the Tribunal may be asked to conduct inquiries and provide advice on such economic, trade and tariff issues as are referred to the Tribunal by the Governor in Council or the Minister of Finance. Through these references, the work of the Tribunal is of interest and importance to key sectors of the Canadian economy. In addition to having an impact on external stakeholders, the work of the Tribunal is of particular interest to the following federal departments: Finance, Foreign Affairs and International Trade, National Revenue, Agriculture and Agri-Food, Industry, and Public Works and Government Services. ObjectivesThe objective of the Tribunal's business line is to ensure that Canada can rely on a fair and efficient trade remedies system and that the government, through the Tribunal's fact-finding inquiries and standing reference, can formulate strategies aimed at making Canadian producers more competitive in the global trade environment. Strategic PrioritiesThe Tribunal has established the following priorities: · to maintain the quality of the Tribunal's findings, determinations and recommendations; ChallengesSome of the challenges facing the Tribunal include: · ensure that the inquiry and appeal processes of the Tribunal remain accessible and affordable to all stakeholders; and C. Departmental OrganizationCanadian International Trade Tribunal - Business LineDue to its mandate and structure, the Tribunal has one business line - to act as an administrative court for dumping and subsidizing inquiries, appeals from customs and excise decisions and procurement complaints and as an advisor to the government and the Minister of Finance on a broad range of trade, economic or tariff related matters. The Tribunal may be composed of up to nine full-time members, including a Chair and two Vice-Chairs, who are appointed by the Governor in Council for a term of up to five years. A maximum of five additional members may be temporarily appointed. The Chair is the Chief Executive Officer responsible for the assignment of members and for the management of the Tribunal's work. Members come from a variety of educational backgrounds, careers and regions of the country. Members of the Tribunal are supported by a permanent staff of 87. Its principal officers are the Executive Director, Research, responsible for the economic and financial analysis of firms and industries, the investigation of complaints by potential suppliers concerning any aspect of the procurement process and for other fact finding required for Tribunal inquiries; the Secretary, responsible for administration, relations with the public, dealings with other government departments and other governments, and the court registrar functions of the Tribunal; and the General Counsel, responsible for the provision of legal services to the Tribunal. Organization Structure In carrying out most of its responsibilities, the Tribunal conducts hearings that are open to the public. In some instances, it may decide cases on the basis of written submissions. Hearings are normally held in Ottawa, Ontario, the location of the Tribunal's offices although videoconferences and regional hearings are used periodically to increase accessibility to the Tribunal. The Tribunal has rules and procedures similar to those of a court of law, but not quite as formal or strict. The CITT Act states that hearings, conducted generally by a panel of three members, should be carried out as "informally and expeditiously" as the circumstances and considerations of fairness permit. The Tribunal has the power to subpoena witnesses and require parties to submit information, even when it is commercially confidential. The CITT Act contains provisions that strictly control access to confidential information. The Tribunal's decisions may be reviewed by or appealed to, as appropriate, the Federal Court of Canada and, ultimately, the Supreme Court of Canada, or a binational panel under NAFTA, in the case of a decision affecting the US and/or Mexican interests. Governments that are members of the WTO may appeal the Tribunal's decisions to a dispute settlement panel under the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes. Section III: Departmental PerformanceA. Performance ExpectationsThis performance report addresses the Tribunal's departmental results against commitments made in the 1997-98 Part III of the Estimates and the chart of Key Results Commitments found in the 1997 Treasury Board President's Annual Report to Parliament. During 1997-98, the Tribunal developed its new Planning, Reporting and Accountability Structure (PRAS) which sets out the business line, priorities and commitments. This performance report is based on the new PRAS and reports against the commitments which are found at the beginning of this document. However, priorities set out in the 1997-98 Part III of the Estimates can be found under the following performance accomplishments section. Crosswalk Between Former Part III and Key Results Commitments from the New PRAS
B. Performance Accomplishments
As previously stated, the economic climate is a key external factor affecting the work of the Tribunal. It is a responsive institution reacting entirely to external demand. It may not refuse any reference from the Governor in Council or the Minister of Finance, or refuse to hear any individual or firm on any matters within its jurisdiction. The Tribunal's challenge is to support a fair and open trade system. In this context, the Tribunal's performance is assessed against the following criteria: _ Upholding of the Tribunal's Decisions by National and International Appeal Bodies Year 2000 ReadinessIn September 1997, representatives of the Year 2000 Project Office at the Treasury Board reviewed the Tribunal's state of readiness. The Year 2000 Project Office came to the conclusion that there were no concerns with the Tribunal's Year 2000 compliance. This assessment applies to the Tribunal's corporate systems (human resources information system and financial information system), as well as to applications that make up the Tribunal's office automation suite. Service DeliveryThe Tribunal has made significant efforts to enhance service delivery to its stakeholders. Enhancements have included providing access to information, on the Tribunal and its publications, notices of inquiry and decisions using the electronic medium. All decisions rendered by the Tribunal since its establishment in December 1988 are available on its Web site. The Tribunal also makes available its notices and decisions on Factsline, a service that can be accessed using a telecopier. The Tribunal also has a service that advises interested parties, via E-mail, that new documents have been posted on its Web site. The Tribunal is also pursuing its efforts to implement a secure communications package that will allow the more expeditious transmission of information between the Tribunal and parties in inquiries. Finally, the Tribunal is still planning to introduce, at a later date, the automation of its administrative record of proceedings.
Section IV: Financial PerformanceA. Financial Performance OverviewFinancial Requirements by Authority(thousands of dollars)
Total authorities are main estimates plus supplementary estimates plus other authorities. Comparison of Total Planned Spending to Actual SpendingDepartmental Planned Versus Actual Spending by Business Line (thousands of dollars)
Note: Numbers in italics denote Total Authorities for 1997-1998 (main and supplementary estimates and other authorities). Historical Comparison of Total Planned Spending to Actual Spending(thousands of dollars)
Total authorities are main estimates plus supplementary estimates plus other authorities. Section V: Other InformationA. Contact for Further Information and Web SiteThe Secretary Telephone No.: (613) 993-3595 Tribunal's Web Site: www.citt-tcce.gc.ca B. Legislation Governing the Work of the Canadian International Trade Tribunal
In addition, the following agreements also impact on the work of the Tribunal: C. Listing of Statutory and Departmental ReportsAnnual Reports· 1989-90 to 1997-98 Annual Status Reports· Textile Reference: Annual Status Report - October 1, 1994, to September 30, 1995 Bulletins· April-June 1996 - January-March 1998 Guides· Introductory Guide on the Canadian International Trade Tribunal Pamphlets· Information on Dumping and Subsidizing Inquiries and Reviews Practice Notice· Acceptance of National Customs Ruling in the Filing of Requests for Tariff Relief on Imported Textile Inputs [Table of Contents] Initial publication: April 9, 2001 |
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