Chapter 2 – Organization and Activities
Introduction
The Tribunal is a quasi-judicial body that carries out its responsibilities in an independent and impartial manner. It reports to Parliament through the Minister of Finance. The Tribunal’s strategic outcome is the fair, timely and transparent disposition of its cases.
How to Tribunal does its Work
The Tribunal is a court of record and has, with regard to procedural matters necessary or proper for the due exercise of its jurisdiction, the powers, rights and privileges as are vested in a superior court. For instance, the Tribunal can subpoena witnesses and require parties to produce information. At the same time, however, the Tribunal carries out its proceedings as informally and expeditiously as the circumstances and considerations of fairness permit.
The Tribunal provides individuals and businesses with the opportunity to submit their evidence and views and to respond to other parties before it makes a final decision. Access to companies’ confidential information is strictly controlled. Protecting confidential information against unauthorized disclosure is extremely important for the Tribunal.
Frequently, the Tribunal holds hearings to allow parties to call witnesses and explain their points of view and present arguments. Hearings are open to the public and are usually held at the Tribunal’s headquarters in Ottawa, Ontario, but may be held elsewhere in Canada depending on the specific circumstances of a given case. Parties may also participate in electronic hearings (e.g. through video conferencing technology). The Tribunal may also base its decisions solely on the written information filed before it or collected during the proceedings without an in-person hearing.
The Tribunal has little control over the volume and complexity of its workload and faces tight statutory deadlines for most of its cases. The Tribunal’s Website serves as a repository of all information relating to decisions and their accompanying statements of reasons.
The Tribunal receives case-related support services from staff of the CITT Secretariat of the ATSSC. The ATSSC also provides the Tribunal with corporate services and facilities.
Members of the Tribunal
The Tribunal may be composed of up to seven full-time permanent members, including the Chairperson and a Vice-Chairperson. The Chairperson assigns cases to members and manages the Tribunal’s work. Permanent members are appointed by the Governor in Council for a term of up to five years, which can be renewed once. Up to five temporary members may also be appointed. Members have a variety of educational backgrounds and experience.
Mr. Jean Bédard is the Chairperson of the Tribunal. He was appointed to this position on May 3, 2018. Ms. Rose Ann Ritcey is the Vice-Chairperson of the Tribunal. She was appointed to this position on March 4, 2019. The other permanent members of the Tribunal as of March 31, 2020, were Ms. Susan Beaubien, Ms. Cheryl Beckett, Mr. Georges Bujold, Mr. Peter Burn and Mr. Randolph W. Heggart. Mr. Heggart was appointed during the fiscal year. Mr. Serge Fréchette, a former permanent member, was reappointed to a temporary member position and served in that capacity during the year.
Outreach
The Tribunal’s Advisory Committee provides recommendations to enhance the accessibility, fairness and transparency of the Tribunal’s rules and procedures. It is made up of a cross-section of legal counsel, business associations and governmental officials. It provided its annual report to the Tribunal on May 30, 2019. The Tribunal responded on August 16, 2019, and commented on the recommendations.
The Tribunal met with the Advisory Committee twice during the year. A regular meeting was held in June with all stakeholders and a workshop took place in October to discuss technical and legal points in trade remedies and procurement. The Tribunal will continue working with the Advisory Committee to seek its stakeholders’ input in its ongoing efforts to enhance fairness and accessibility for all parties, and to reduce costs for the parties appearing before the Tribunal, especially small- and medium-sized businesses.
The Chairperson spoke at the Seoul International Forum on Trade Remedies in May 2019 and moderated a panel at the annual World Customs Law Meeting in September 2019. He also participated in a meeting of over 30 heads of investigative authorities held at the World Trade Organization in November. On those occasions, and in other forums, the Chairperson maintained contact with counterparts to share and enhance the Tribunal’s best practices and procedures.