ARCHIVED - Transportation Appeal Tribunal of Canada - Report

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Section II: Analysis of Program Activities by Strategic Outcome

Strategic Outcome

The strategic outcome of the Tribunal is to provide the Canadian transportation community with the opportunity to have enforcement and licensing decisions of the Minister of transport reviewed by an independent body.

The Tribunal's only activity is the provision of an independent review process for aviation, rail and marine 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 field, in that its function is entirely adjudicative.

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, the Railway Safety Act, the Marine Transportation Security Act, the Canada Marine Act, the Canada Shipping Act, 2001 and the International Bridges and Tunnels Act, and to conduct hearings into such appeals.

Program Activity by Strategic Outcome

Program Activity 1: Review and Appeal Hearings

Human Resources (FTEs) and Planned Spending (Thousands of dollars)
2011–12		2012–13		2013–14
FTEs	Planned Spending	FTEs	Planned Spending	FTEs	Planned Spending
12	1,477.0	12	1,477.0	12	1,477.0

Program Activity Expected Results	Performance Indicators	Targets
Access to an independent assessment governed by considerations of natural justice.	Hearings conducted in a timely manner.	100% of decisions rendered within 90 days.
Plans, measures and arrangements are in place to ensure the continuous delivery of critical services, which permits the organization to recover its data and assets	Business Continuity Plan updated.	BCP updated by September 2011.
	Tools developed to maintain business continuity plan readiness, such as contingency plan, emergency response plan and procedures for example.	Tools developed and communicated amongst staff by September 2011.
	Working groups identified for the various planning committees (Contigency Planning and Emergency Response Planning)	August 2011
Improved awareness and better information among the Transportation community and key stakeholders with respect to the Tribunal's mandate, services and decisions	Tribunal information accessible to the lay person in a timely manner.	Ongoing
	Participation in conferences and trade association meetings to enhance citizen engagement and public access to TATC's program.	Ongoing
	Promote TATC's program in public events such as fairs and exhibitions.	Ongoing
	Building and maintaining communication partnerships with the Transportation community to help meet diverse needs.	Ongoing
	Liaison with other Federal Tribunals.	Ongoing

Canada's Economic Action Plan (CEAP)

Funding was received to support the implementation of railway safety initiatives and to enhance the Grade Crossing Improvement Program. This initiative is in support of the Canada’s Economic Action Plan, under Action to Support Business and Communities.

Lessons Learned

The Tribunal's only activity is the provision of an independent review process for aviation, rail and marine by providing document holders with the opportunity to proceed with a hearing.

Lessons learned can be defined as experiences acquired in the execution of programs and services that can provide value-added direction to future plans and efforts to achieve results. A plan must be in place to address and follow up on these actions and directions in future Report on Plans and Priorities.

The Tribunal's sole objective is to be effective, independent and to overcome the burden of delays and costs occasioned by the court system.

To promote communication between the parties with a view to settlement, the registry encourages early disclosure of documents to the applicant. In order to resolve outstanding issues that may delay the scheduling of the hearing, the registry will arrange a teleconference with a Tribunal member.

These experiences in aviation sector cases will prove valuable as marine and rail sector cases increase in complexity and will provide precedents in training sessions.

Benefits for Canadians

The Tribunal is unique in the transportation field in that its sole function is adjudicative. It provides document holders and even passengers with the opportunity to have an independent hearing that is informal, expeditious and fair.

The cases before the Tribunal are regulatory in nature and concern matters of safety and security.

The Tribunal's performance indicators verify that these cases are conducted in a timely manner and that Tribunal information is accessible on its Web site.

The Tribunal process is able to quickly identify concerns in the transportation field 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.

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