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ESTIMATES PART III - REPORT ON PLANS AND PRIORITIES
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Canadian International Trade Tribunal Approved Section I: Chair's MessageI am pleased to present the Report on Plans and Priorities (RPP) of the Canadian International Trade Tribunal (the Tribunal) for fiscal year 2000-2001. 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), the World Trade Organization (WTO) agreements, the Canada-Israel Free Trade Agreement, the Canada-Chile Free Trade Agreement and various other statutes. The Tribunal has now completed the review of its procedures and internal processes in order to accommodate the imminent proclamation of the legislative amendments to the Special Import Measures Act (SIMA) that will confer additional responsibilities on the Tribunal. The Tribunal has also completed the review of the Canadian International Trade Tribunal Rules, and their implementation will coincide with the proclamation of the legislative amendments to SIMA. Due to its diversified mandate, one of the Tribunal's continuing challenges is to efficiently manage a constantly increasing workload in order to meet the statutory deadlines without compromising the quality of its findings, determinations and recommendations. Recognizing the commitment of members and staff to the Tribunal's mandate, I am confident that the Tribunal will successfully respond to these challenges.
Section II: Departmental OverviewA. Mandate, Roles and ResponsibilitiesThe 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; The 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 decisions of the Canada Customs and Revenue Agency on customs and excise matters and for complaints regarding designated government procurement. In its advisory role, the Tribunal assists the government through its fact-finding inquiries and public hearings, in the resolution of complex economic and trade issues. The Tribunal is guided in these matters by the mandate it receives from the Governor in Council. Through its textile reference, the Tribunal assists the government in determining the levels of tariffs that will ensure that economic gains for Canada are maximised 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 trading partners. Organization Structure B. Departmental / Program ObjectiveIn an economically and legally sound manner, to conduct investigations and inquiries and to make findings and, as directed, recommendations on matters affecting Canada's commerce and international trade, and to decide on taxpayers' appeals from government customs and excise tax assessments and determinations. C. External Factors Influencing the DepartmentThe 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 turn away any individual, organization or firm that meets the minimum conditions for access. Downturns in the domestic and global economies usually lead to a deterioration of markets and to increased competition for the remaining businesses. At such times, domestic producers become increasingly sensitive to competition from imports and increasingly likely to seek protection against unfair trade practices. This generally leads to a larger number of inquiries in response to dumping and subsidizing complaints. The Canadian industry is also sensitive to trade petitions and actions brought in the United States where there is a risk of trade diversion from the United States to Canada. Moreover, as Canadian trade liberalizes and U.S. tariffs decrease, the Tribunal's procedures become increasingly important to Canadian businesses as one of the only remaining bulwarks against unfair trade. The CITT Act contains broad provisions under which the government or the Minister of Finance may ask the Tribunal to conduct an inquiry on any economic, trade, tariff or commercial matter. In an inquiry, the Tribunal acts in an advisory capacity, with powers to conduct research, receive submissions and representations, find facts, hold public hearings and report, with recommendations as required, to the government or the Minister of Finance. As stated earlier, the Tribunal is a responsive institution reacting entirely to external demand. When seized with a reference from the government or the Minister of Finance, the Tribunal must adjust its activities and resources accordingly in order to be in a position to lay out its inquiry within the prescribed time frame. The legislative agenda of government influences the Tribunal's business line. The imminent proclamation of legislative amendments to SIMA and the CITT Act will affect the Tribunal's business line. Amendments to SIMA will confer additional responsibilities on the Tribunal in the areas of the preliminary determination of injury, the carrying out of interim reviews and expiry reviews of the Tribunal's findings and the question of public interest. The Tribunal's business line is, therefore, being influenced by external factors. The challenge for the Tribunal is to successfully adjust its procedures and processes so that it can fulfil, in a fully satisfactory manner, additional responsibility conferred on it by the government. Canadian trade policies also have an impact on the Tribunal's business line. As a result of the Canada-Israel Free Trade Agreement and the Canada-Chile Free Trade Agreement, the CITT Act had to be amended in the area of safeguards. Greater awareness by potential suppliers of the Tribunal's jurisdiction relating to bid challenges under NAFTA and the AIT explains, in part, the steady increase, year after year, in the number of complaints filed with the Tribunal. Here again, the Tribunal does not control the influx of complaints, but it must find ways of meeting statutory deadlines with a fixed number of full-time equivalents. D. Departmental Planned SpendingTable 2.1: Departmental Planned Spending
* Reflects the best forecast of total net planned spending to the end of the fiscal year. ** Adjustments are to accommodate approvals obtained since the Annual Reference Level Update (ARLU) exercise and to include Budget initiatives.
Section III: Plans, Results and ResourcesCANADIAN INTERNATIONAL TRADE TRIBUNAL A. Net Planned Spending and Full-Time Equivalents (FTE)Table 3.1: Net Planned Spending ($ thousands) and Full-Time Equivalents (FTE)
B. Business Line ObjectiveThe objective of the Tribunal's business line is to provide a fair and efficient trade remedies system to the Canadian public, the private business sector and commercial interests, and to offer the government, through the Tribunal's fact-finding inquiries and standing reference, the best advice available so that it can formulate strategies aimed at making Canadian producers more competitive in the global trade environment. C. Business Line DescriptionCanadian International Trade Tribunal The conduct of research and investigations, the receipt of evidence and the holding of public hearings so as to make adjudications, findings, determinations or recommendations in response to: _ inquiries under SIMA into whether or not the dumping or subsidizing found by the Canada Customs and Revenue Agency (formerly the Department of National Revenue) causes material injury to a domestic industry; D. Key Results Commitments, Planned Results, Related Activities and ResourcesRecognizing that the Tribunal's entire workload is externally generated and the quasi-judicial nature of its operations, the Tribunal is not in a position to identify planned results and related activities and resources, as is the case for a regular department. However, the Tribunal has established the following key results commitments against which its performance can be assessed: · Tribunal's decisions that are viewed as fair and impartial by domestic and international stakeholders;· Tribunal decisions that are timely and efficient;· Tribunal recommendations that are implemented by the government;· Publication of the Tribunal's decisions in a timely way; and· Enhanced and continually improving levels of service to the public through the continuous review of its procedures and processes and through the use of the latest available information technology tools.
Section IV: Financial InformationTable 4.1: Net Cost of Program for the Estimates Year
Section V: Other InformationList of Statutes and Regulations
References · www.citt-tcce.gc.ca 2. Publications Annual Reports 3. Contact for Further Information The Secretary Telephone No.: (613) 993-3595 IndexAgreement on Government Procurement 3, 8 [Table of Contents] Initial publication: April 25, 2001 |
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