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 the 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 videoconferencing 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. Due to the COVID-19 pandemic, the Tribunal has not held any physical public hearings during the fiscal year but has continued hearing matters through electronic hearings (e.g. through videoconferencing technology) and by way of file hearings.
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 Administrative Tribunals Support Service of Canada (ATSSC). The ATSSC also provides the Tribunal with corporate services, IT support 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. Frédéric Seppey is the Chairperson of the Tribunal. He was appointed to this position on January 4, 2021, replacing Mr. Jean Bédard whose term ended on January 1, 2021. The other permanent members of the Tribunal as of March 31, 2021, were Ms. Susan Beaubien, Ms. Cheryl Beckett, Mr. Georges Bujold, Mr. Randy Heggart and Mr. Peter Burn, Mr. Serge Fréchette, a former permanent member, serves as a temporary member.
Last year also saw the departure of former Vice-Chairperson, Ms. Rose Ann Ritcey, after serving for a term of five years as a Tribunal member. As a result, for most of 2020-2021, the Tribunal has operated with only six permanent members and one temporary member. The Tribunal has nevertheless been able to carry its mission and to maintain its service standards despite this significant vacancy.
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. Members of the Tribunal met with the Advisory Committee four times during the year. Meetings were held in May, July, October 2020 and March 2021, and focused on how the Tribunal would operate in a COVID-19 environment while ensuring the safety of staff and parties. 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.