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Role and Structure of the Agency

The Agency is an independent, quasi-judicial tribunal that makes decisions on a wide range of economic matters involving federally-regulated modes of transportation (air, rail and marine), and has the powers, rights and privileges of a superior court to exercise its authority. Along with its roles as an economic regulator and an aeronautical authority, the Agency works to facilitate accessible transportation, and serves as a dispute resolution authority over certain transportation rate and service complaints.

The Canada Transportation Act is the Agency's enabling statute to implement the federal government's transportation policy. The Agency also shares responsibility for administering other Acts and their related regulations, including the Canada Marine Act, the Pilotage Act, the Coasting Trade Act and the Railway Safety Act.

The Agency is made up of up to seven Members, including the Chairman (who is also the Chief Executive Officer), and the Vice-Chairman, as well as up to three temporary Members. There are currently six Members and about 270 employees who assist the Members in their decision-making process and provide administrative support.

Since complaints drive many of the Agency's processes, it has developed ways of handling complaints quickly, effectively and fairly. A panel of at least two Members must hear all complaints and issue decisions.

The Agency is divided, administratively, into five branches: the Air and Accessible Transportation Branch; the Rail and Marine Branch; the Legal Services and Secretariat Branch; the Chairman's Office; and the Corporate Management Branch.

The Air and Accessible Transportation Branch processes licenses and charter permit applications from Canadian and foreign air carriers, and is involved in enforcing Agency licensing requirements. It helps negotiate and implement international air agreements, administers international air tariffs, and rules on appeals of NAV CANADA user charges. It also handles air travel complaints. The branch helps to ensure that all modes of federally-regulated transportation are accessible to persons with disabilities, and deals with their complaints related to air, rail and marine transportation.

The Rail and Marine Branch deals with rate and service complaints in the rail and marine industries, as well as disputes between railway companies and third parties in railway infrastructure matters. The branch offers mediation services as an alternate dispute resolution mechanism to the hearing process. It processes applications for certificates of fitness for the proposed construction and operation of railways, and provides technical advice and recommendations to Members concerning railway interswitching rates. Railways' revenue caps for the movement of western grain, the development of railway costing standards and related regulations, and the audit of railway companies' accounting and statistics-generating systems (as required), are also the responsibility of the branch. It also protects the interests of Canadian vessel operators when dealing with applications to use foreign vessels in Canada, while making recommendations to the Canada Customs and Revenue Agency to allow the use of foreign vessels when suitable Canadian vessels are not available.

The Legal Services and Secretariat Branch participates actively in all matters brought before the Agency, by providing legal advice and counsel and by ensuring that the rules of fairness are followed in the process leading to a decision or an order. The Branch also plays a major role in developing and applying the Agency's procedures and regulations.

It represents the Agency before the Courts, including the Federal Court of Appeal and the Supreme Court of Canada, when Agency decisions are submitted to the appeal process. Branch staff also assist with the conduct of Agency meetings and hearings. The Secretary has the duty, pursuant to the Canada Transportation Act, to maintain a record of any rule, order, decision and regulation of the Agency.

The Chairman's Office includes the Internal Auditor and the Communications directorate. The Internal Auditor is responsible for providing management with objective assessments about the design and operation of management practices, control systems, and information, in keeping with modern comptrollership principles. The Communications directorate is a proactive partner with the branches in ensuring that Canadians interested in transportation understand their rights, their obligations and the Agency's role under the Canada Transportation Act. The Communications directorate publishes brochures and booklets; it sends out news releases, responds to information requests and operates a Web site; it participates at events and trade shows with Members and staff to meet Canadians face-to-face to answer their questions directly. Because the Agency has diverse audiences with varying needs, it provides its information in many formats, including paper, electronic, braille and audio cassette.

The Corporate Management Branch supports the overall function of the Agency by providing corporate services related to human resources, strategic planning, finance, electronic information systems, records management and the library.