I am pleased to present the 2006-2007 Report on Plans and Priorities of the Transportation Appeal Tribunal of Canada, formerly
the Civil Aviation Tribunal. This report reflects the experience gained by the Tribunal over a period of almost 20 years of
operation. The Transportation Appeal Tribunal of Canada is a quasi-judicial body established in June 2003 (SC 2001, c. 29) to
provide an independent process of review of administrative and enforcement actions – including the suspension and cancellation
of licences, certificates and other documents of entitlement, the issuance of railway orders, and the imposition of administrative
monetary penalties – taken under various federal transportation Acts.
The Tribunal conducts its hearings at various locations in Canada, in an open, impartial manner consistent with procedural
fairness and the rules of natural justice. It adjudicates matters that will have a serious impact on the livelihood and operations
of the aviation, rail and marine communities in 2006-2007. Given its structure and process for conducting hearings, the Tribunal
is readily accessible to those communities.
The knowledge and experience possessed by Tribunal members enhances their independence by enabling them to understand and
assess the validity of the reasons for enforcement and licensing actions. It also increases the confidence which Transport Canada
and the document holders place in the decisions of the Tribunal.
Great gains in efficiency have been achieved simply as a result of the Tribunal and the parties appearing before it adjusting
to the aviation safety enforcement and licensing regime implemented in the 1986 Aeronautics Act amendments. Parties
appearing before it, including Transport Canada and organizations representing document holders, have now acquired levels of
experience and judgment which contribute greatly to achieving efficiencies in the hearing process, procedurally fair results and
legitimacy for the overall enforcement process.
The direction for this Tribunal for the years ahead will be its challenge to fulfill its growing mandate to current standards
to ensure that the Tribunal continues to be regarded as one of government's "best practices". Having recognized the
commitment of members and staff to its mandate, I am confident that the Tribunal will continue to successfully meet its
challenges.
Faye Smith
Chairperson
I submit for tabling in Parliament, the 2006-2007 Report on Plans and Priorities (RPP) for the Transportation Appeal Tribunal
of Canada.
This document has been prepared based on the reporting principles contained in the Guide for the Preparation of
Part III of the 2006-2007 Estimates: Reports on Plans and Priorities and Departmental Performance Reports:
-
It adheres to the specific reporting requirements outlined in the TBS guidance;
-
It is based on the department's approved Program Activity Architecture structure as reflected in its MRRS;
-
It presents consistent, comprehensive, balanced and reliable information;
-
It provides a basis of accountability for the results achieved with the resources and authorities entrusted to it; and
-
It reports finances based on approved planned spending numbers from the Treasury Board Secretariat.
Faye Smith
Chairperson
Reason for Existence
The mission of the Transportation Appeal Tribunal of Canada is to review the Minister of Transport's enforcement and licensing
decisions through a two-level hearing process. The Tribunal has a commitment to openness and cooperation and is mandated to
conduct informal, expeditious and fair hearings.
Financial Resources
($ thousands)
2006-2007
|
2007-2008
|
2008-2009
|
1,329.0
|
1,329.0 |
1,329.0 |
Human Resources
2006-2007
|
2007-2008
|
2008-2009
|
9
|
9 |
9 |
Agency Priorities
($ thousands)
|
Type
|
Planned Spending
|
Expected Results |
2006-2007
|
2007-2008
|
2008-2009
|
Strategic Outcome: To provide Canadian transportation community with the opportunity to have
administrative or enforcement actions under federal transportation Acts reviewed by an independent body.
|
Priority #1: Hold hearings expeditiously and informally
|
Ongoing
|
Access to an independent assessment governed by considerations of natural justice
|
1,259.0 |
1,259.0 |
1,259.0 |
Priority #2: Human Resources Plan
|
New
|
Ensure sustainability of human resources
|
5.0 |
5.0 |
5.0 |
Priority #3: Government on line
|
Ongoing
|
Improve access and service performance
|
65.0 |
65.0 |
65.0 |
The Transportation Appeal Tribunal of Canada replaces the Civil Aviation Tribunal which was established under Part IV of the Aeronautics
Act in 1986. On the recommendation of the Minister of Transport, pursuant to section 73 of the Transportation Appeal
Tribunal of Canada Act, assented to on December 18, 2001, being chapter 29 of the Statutes of Canada, 2001 the Act
officially, came into force on June 30, 2003. The Transportation Appeal Tribunal of Canada, a multi-modal tribunal is
available to the air and rail sectors, and at a later time, the marine sector. The Transportation Appeal Tribunal Act amends
the Aeronautics Act, the Canadian Shipping Act, the Marine Transportation Security Act and the Railway
Safety Act to establish the jurisdiction and decision making authorities of the Tribunal under those Acts. The Tribunal's
jurisdiction, extending to the rail sector, is expressly provided for under the Aeronautics Act and the Railway
Safety Act (section 2 of the Transportation Appeal Tribunal of Canada Act). The mandate of the Tribunal expands to
act as a multi-modal review body for administrative and enforcement actions taken under various federal transportation Acts.
Therefore, the Tribunal's caseload will enlarge considerably over the next few years, but the business line will not be amended.
The office of the Tribunal is located in the National Capital Region.
The Tribunal's yearly seminars ensure a trained membership through updates and discussions of legislative changes. The
interaction of members and role play scenarios assist the membership in achieving quality and consistency in making and in writing
its decisions. A panel discussion takes place with representatives from the transportation communities to provide feedback to the
Tribunal as to delivery of services to its clients.
The Tribunal will continue to provide determinations with written reasons quickly, allowing Transport Canada and document
holders to better understand the outcome of the matter and, where applicable, to make a more enlightened decision as to the
exercise of their right to appeal. In 2004-2005 the average lapsed time between the conclusion of a review hearing and the
issuance of a determination was 95 days for a review and 56 days for an appeal. The greater number of hearings and the
increasing case complexity provide justification for the additional time needed by members.
Develop a Human Resources Plan
The Transportation Appeal Tribunal of Canada – TATC - continues its commitment to a sustainable workforce and a responsive
workplace. A key risk for the TATC in delivering its priorities is related to its workforce of only 7 employees. The TATC's
ongoing challenge is to maintain reliable back-up for its key staff. Succession planning measures are needed to ensure that
service delivery of the Tribunal's expanding mandate will not be hampered by gaps created by the departure of staff members.
Over the coming year, priority will be given to ensuring the sustainability of our human resources. Our renewed investment in
employee learning and well-being will be maintained as we implement the provisions of the new Public Service Modernization Act.
The TATC must be able to recruit on a timely basis and retain competent and dedicated employees. This increasingly requires a
work environment conducive to training and development for all staff and managers. A renewed focus will be placed on more
strategic management of human resources through the development of human resources plans. In 2006-2007, staff will be given
the opportunity to develop a training plan and to have their performance assessed annually, based on this plan, thus providing
valuable information for training and/or personal development.
Improve Management Practices
Building on the momentum and successes achieved under the Modern Comptrollership Initiative and continuing with the
implementation of the Management Accountability Framework, the Transportation Appeal Tribunal of Canada is committed to continuous
improvement of its management practices.
The Transportation Appeal Tribunal of Canada will continue to work in partnership with three other small quasi-judicial
agencies: the Canadian Artists and Producers Professional Relations Tribunal, the Copyright Board and the Registry of the
Competition Tribunal. The focus of this cluster group for 2006-2007 will be on implementing the new Internal Audit Policy; the new
Policy on Learning, Training and Development; completing the implementation of the Public Service Modernization Act;
improving on the management of government information by implementing information management tools being developed for small
agencies; and looking at the feasibility of participating in the Travel AcXess Voyage Project, which is part of the Shared Travel
Services Initiative.
Government On-Line
The Tribunal will seek to improve the delivery of its key services to the public for greater efficiencies and increased client
satisfaction and to improve access and service performance by making major modifications to its Web site and by providing Internet
links.
Social Union Framework Agreement (SUFA)
The Transportation Appeal Tribunal of Canada represents the only forum for ensuring that the document holders have access to an
independent assessment governed by considerations of natural justice. There are approximately 73,953 licensed aviation personnel,
36,366 rail personnel in Canada and approximately 29,668 registered aircraft and 2,866 locomotives in service. Because of this
volume, the number of infractions will rise. The level of enforcement action is entirely controlled by Transport Canada which in
turn determines the workload of the Tribunal. The Tribunal is also affected by the department's rewrite of its aviation and rail
regulations including the designation of a large number of offences under the designated provisions set out in the Canadian
Aviation Regulations, the Marine Transportation Security Act and the Railway Safety Act.
It is anticipated that regulations relating to the marine sector will be implemented in the upcoming fiscal year. It is also
anticipated that a number of offences under the Railway Safety Act will be designated as offences to which monetary
penalties apply. As well, additional legislation respecting airports will be implemented over the next few years that will have
the effect of greatly increasing the number of offences under the designated provisions which in turn will significantly affect
the workload of the Tribunal. The TATC will be seeking additional funding for $450,000 early in April 2006. These resources will
permit training of 24 part-time marine members that will become part of the current staff early in the fall as well as the
addition of 3 employees.
Our organization is funded through operating expenditures. On the assumption of an increased caseload of as much as 50% with
the Tribunal's expansion to include the marine sector, the Tribunal will need additional funding to sustain its multi-modal
mandate. The most significant upcoming challenge for the Tribunal will be its expansion as a multi-modal transportation tribunal.
The reorganization of the Tribunal will increase the overall workload and require expansion of capacity in new areas of expertise:
more members will have to be appointed and trained. Existing employees will likely require additional training and more staff will
have to be hired to ensure that current efficiencies will be maintained.
Review and Appeal Hearings
The objective is to provide for the operation of an independent Tribunal to respond to requests from the transportation
community for review of enforcement and licensing decisions taken by the Minister of Transport under the Aeronautics Act,
the Canada Transportation Act and the Railway Safety Act; and to conduct hearings into such appeals.
Strategic Outcome:
The strategic outcome of the Tribunal is to provide the Canadian transportation community with the opportunity to have
administrative or enforcement actions under federal transportation Acts reviewed by an independent body.
Financial Resources:
($ thousands)
2006-2007
|
2007-2008
|
2008-2009
|
1,329
|
1,329
|
1,329
|
Human Resources:
2006-2007
|
2007-2008
|
2008-2009
|
9
|
9
|
9
|
The Tribunal's only activity is the provision of an independent review process for aviation, and rail 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 sector in that its function is entirely
adjudicative.
The Minister's enforcement and licensing decisions may include the imposition of monetary penalties or the suspension,
cancellation, refusal to issue or refusal to renew documents of entitlement for reasons of incapacity or other grounds. The person
or corporation affected is referred to as the document holder.
All hearings are held expeditiously and informally, according to the rules of fairness and natural justice. At the conclusion
of a hearing, the Tribunal may confirm the Minister's decision, substitute its own decision, or refer the matter to the Minister
for reconsideration.
In conducting its reviews of enforcement and licensing decisions of the Minister of Transport, the Transportation Appeal
Tribunal of Canada provides a public interest program that is unique to transportation in Canada. The Tribunal's efficiencies
provide visible validation and confirmation of Canada's transportation safety system. Moreover, the Tribunal process is able to
quickly identify concerns in the transportation sector 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 in Canada.
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. Tribunal hearings are readily accessible
to the lay person without the attendant legal complexities and case backlogs which were visited upon the court system that
prevailed prior to the creation of this Tribunal and its predecessor, the Civil Aviation Tribunal.
|