Section 3 – Tribunal Overviews

Canada Agricultural Review Tribunal (CART)

Chairperson Luc Bélanger
Term July 17, 2017 – July 16, 2022
Portfolio Department Agriculture and Agri-Food Canada
Location 344 Slater, 15th Floor, Ottawa, Ontario
Mandate The Canada Agricultural Review Tribunal (CART) conducts first-instance reviews of agricultural and agri-food administrative monetary penalties (AMPs) issued to persons who have allegedly contravened federal rules pertaining to the import of animal and plant products; the humane transport of livestock; the use of pesticides; or the production and processing of plants, animals and meats.

The CART conducts appellate-style reviews of first instance AMP decisions issued by the different Ministers (Agriculture, Health and Public Safety).
Resource allocation 2018-19 $937,242 (excludes EBP)
Number of GICs Current complement (as of July 2019):
  • Full-time: 1
    Vacancies: 0
  • Part-time: 3
    Vacancies: 0
Secretariat Staff 8 (includes 1 shared executive, 0 manager)
  • Indeterminate: 5
  • Casual: 1
  • Students: 2
Statistics
New cases opened in:
2017-2018 2018-2019
30 46

Canada Industrial Relations Board (CIRB)

Chairperson Ginette Brazeau
Term December 28, 2014 – December 27, 2019
December 28, 2019 – December 27, 2024
Portfolio Department Employment and Social Development Canada
Location 240 Sparks Street, 4th Floor, Ottawa, Ontario
Regional offices located in Dartmouth, Montreal, Toronto and Vancouver
Mandate The Canada Industrial Relations Board’s (CIRB) mandate is to contribute to and promote a harmonious industrial relations climate in the federally regulated sector through the impartial, effective and appropriate administration of the rules of conduct that govern labour and management in their representational and bargaining activities.

The CIRB undertakes a wide range of industrial relations activities in matters related to federal jurisdiction industries. These activities include certifying trade unions, investigating complaints of unfair labour practice, issuing cease and desist orders in cases of unlawful strikes and lockouts, rendering decisions on jurisdictional issues, and dealing with complex situations arising from a sale of business.

The CIRB is also responsible for professional relations between self-employed artists and producers at federally regulated broadcasters, and federal government departments, agencies, and Crown corporations, pursuant to the Status of the Artist Act. This includes defining the sectors of cultural activity suitable for collective bargaining and certifying artists’ associations in these sectors.

Since July 29, 2019, the Board’s mandate has expanded to include appeals of directions or orders issued by safety officers of Employment and Social Development Canada as well as individual employment standards matters such as unjust dismissal and reprisal complaints. The Board also adjudicates appeals of wage recovery determinations made under the Wage Earner Protection Program.

The CIRB undertakes these activities with a commitment to process, hear and determine applications and complaints fairly, expeditiously, and economically. Before adjudication, it plays an active role in helping parties to resolve their disputes through mediation and alternative dispute resolution approaches.
Resource allocation 2019-20 $11,287,619 (excludes EBP)
Number of GiCs Current complement (as of January 2019): 16

1 full-time chairperson
5 full-time vice-chairpersons
3 part-time vice-chairpersons
3 full-time members (employees)
2 full-time members (employers)
1 vacancy for full-time member representing employers
1 part-time member (employees)
1 part-time member (employers)


The Governor-in-Council can appoint as many full time and part time vice-chairpersons, and as many part-time representative members as it deems appropriate.

Secretariat Staff 60 (includes 5 executives, 2 managers)
Volume of Caseload 2017-18
Received: 489
Disposed: 481
Pending: 338


2018-19 Received: 494
Disposed: 501
Pending: 331

Canadian Cultural Property Export Review Board (CCPERB)

Chairperson Sharilyn J. Ingram
Term December 21, 2016 – December 20, 2019
Portfolio Department Canadian Heritage
Location 344 Slater, 15th Floor, Ottawa, Ontario
Mandate The Canadian Cultural Property Export Review Board (CCPERB) was established under the Cultural Property Export and Import Act, with the following duties:
  1. Review applications for refused export permits;
  2. Make determinations respecting fair cash offers for institutions to purchase cultural property; and,
  3. Certify cultural property for income tax purposes.
Resource allocation 2019-20 $1,907,607 (excludes EBP)
Number of GiCs Current complement (as of January 2019): 10

1 part-time chairperson
9 part-time members
Current vacancies: 0
Secretariat Staff 16 (includes 1 executive, 3 managers)
Statistics 2017-18
  • Applications for certification reviewed: 538
  • Applications for refused export permits reviewed: 7


2018-19
  • Applications for certification reviewed: 483
  • Applications for refused export permits reviewed: 5
Operational Priorities
  • Implementing new Model Directive on Export Review
  • Updating certification policies and process
  • Website renewal, including transition of web infrastructure from Canadian Heritage to ATSCC
  • Legislative amendments
Procedures for publishing bilingual decisions online
  • The majority of CCPERB decisions are for certification of cultural property, which involves protected taxpayer information, and by law cannot be published online without legislative amendments.
  • The Secretariat to CCPERB is engaging in a Privacy Impact Assessment to determine if it can publish decisions relating to the review of refused export permits.
  • Subsequent to receiving this guidance, the Secretariat will establish a process and standards for publishing bilingual decisions online for the review of refused export permits.

Canadian Human Rights Tribunal (CHRT)

Chairperson David L. Thomas
Term September 2, 2014 – September 1, 2021
Portfolio Department Justice Canada
Location 240 Sparks Street, 6th Floor, Ottawa, Ontario
Mandate The Canadian Human Rights Tribunal (CHRT) inquires into allegations of prohibited discrimination under the Canadian Human Rights Act.

The CHRT determines whether a discriminatory practice has occurred in respect of employment, or the provision of goods, services, facilities and/or accommodation.

The CHRT dismisses the matter if without merit, or if the complaint is substantiated, it may provide remedial relief to the victim, or order the taking of measures to prevent recurrence of a similar discriminatory practice.

The CHRT also has an adjudicative role under the Employment Equity Act.

In 2018-2019, the CHRT was given a new referral and appellate mandates under the Pay Equity Act and another appellate mandate under the Accessible Canada Act.
Resource allocation 2019-20 $3,683,011 (excludes EBP)
Number of GiCs Current complement (16 as of November 2019):
  • Full-time: 4
  • Part-time: 9
  • Members whose appointment has expired, but who are concluding an inquiry that they have begun, with the approval of the Chairperson, as per s. 48.2 (2) of the Canadian Human Rights Act: 3
  • Vacancies: TBD in 2020
Secretariat Staff 18 (includes 2 executives, 1 senior lawyer, and 2 other managers). The Secretariat structure is evolving to support the new mandates.
Volume of Caseload 2017
  • Active caseload as of December 31, 2017: 225

2018
  • Active caseload as of December 31, 2018: 266

2019
  • Active caseload as of November 6, 2019: 304

Canadian International Trade Tribunal (CITT)

Interim Chairperson Jean Bédard
Term March 2, 2018 to July 31, 2020
Portfolio Department Finance Canada
Location 333 Laurier Avenue West, Ottawa
Mandate The Canadian International Trade Tribunal (CITT) adjudicates trade remedy, customs, excise tax and federal procurement cases. The CITT also inquires into tariff and commercial matters for the Minister of Finance.
Resource allocation 2019-20 $6,579,575 (excludes EBP)
Number of GiCs Current complement
  • Full-time: 8 (7 permanent, 1 temporary)
    Vacancies: 0
  • Part-time: 0
    Vacancies: 0
Secretariat Staff 54 (includes 3 executives, 7 managers)
Volume of Caseload 2017-2018
  • Appeals: 109
  • Procurement: 77
  • Trade remedies: 29

2018-2019
  • Appeals: 134 (includes two remands from the Federal Court of Appeal)
  • Procurement: 75
  • Trade remedies: 39

2019-2020 (as of October 31, 2019)
  • Appeals: 128
  • Procurement: 51
  • Trade remedies: 17

Competition Tribunal (CT)

Chairperson Honourable Denis Gascon
Term April 30, 2015 – April 29, 2022
Portfolio Department Innovation, Science and Economic Development Canada
Location 90 Sparks Street, 6th Floor, Ottawa
Mandate The Competition Tribunal has jurisdiction to hear and dispose of all applications made under parts VII.1 and VIII of the Competition Act and any related matters. It also hears references filed pursuant to section 124.2 of the Competition Act.

Part VII.1 (sections 74.01 to 74.19) of the Competition Act deals with deceptive marketing practices. Part VIII (sections 75 to 107) deals with restrictive trade practices including refusal to supply, price maintenance, exclusive dealing, tied selling, market restriction, abuse of dominant position, delivered pricing, foreign judgments and laws, foreign suppliers, specialization agreements, and mergers.
Resource allocation 2019-20 $999,263 (excludes EBP)
Number of GiCs Current complement (as of August 2019):
  • Members of the Judiciary: 5
    Vacancies: 1
  • Part-time lay members: 6
    Vacancies: 2
Secretariat Staff 6 (includes 3 shared with other secretariats)
Statistics 2017: 16 cases (including Registered Consent Agreements)
2018: 14 cases (including Registered Consent Agreements)
2019: 5 cases (including 3 Registered Consent Agreements)

0 cases are active as of this October 29, 2019.

Federal Public Sector Labour Relations and Employment Board (FPSLREB)

Chairperson Catherine Ebbs
Term October 9, 2014 – October 8, 2020
Portfolio Department Public Works and Government Services
Location 240 Sparks Street, 6th Floor, Ottawa
Mandate

The Federal Public Sector Labour Relations and Employment Board (FPSLREB) administers the collective bargaining and grievance adjudication systems for the federal public sector and Parliamentary employees as well as, since June 1, 2016, RCMP members 1 and reservists. It is also responsible for resolving staffing complaints under the Public Service Employment Act related to internal appointments and layoffs in the federal public service.

The FPSLREB provides two main services:

  • adjudication – hearing and deciding grievances, labour relations complaints, and other labour relations matters and dealing with staffing complaints related to internal appointments, layoffs, the implementation of corrective measures ordered by the FPSLREB, and revocations of appointments.
  • mediation – helping parties reach collective agreements, manage their relations under those agreements, and resolve disputes and complaints without resorting to a hearing.

1 In July 2019, the FPSLREB certified the National Police Federation as the bargaining agent for RCMP members. It is expected that this will result in an increase in the FPSLREB’s caseload.

Additional Mandate since November 2014:

Since the merger of the two legacy tribunals (i.e., The Public Service Staffing Tribunal and the Public Service Labour Relations Board) in 2014, the FPSLREB’s mandate has expanded significantly. These mandate changes include the following:

Bill C-7: An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures (Providing for a labour relations scheme for RCMP members)

Bill C-44: Budget Implementation Act, 2017, No. 1, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures: (Machinery changes relating to parliamentary employees and reprisal complaints pertaining to health and safety; and to allow other health and safety mandates to the Federal Public Sector Labour Relations and Employment Board)

Bill C-65: An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1 (Providing for processes pertaining to harassment and violence for Parliamentary employees that involve the Federal Public Sector Labour Relations and Employment Board)

Bill C-81: An Act to ensure a barrier-free Canada (providing a stand-alone grievance process, an appeal function and other obligations to the Federal Public Sector Labour Relations and Employment Board in relation to the Accessible Canada Act)

Bill C-86: A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures (pay equity and Parliamentary employees)

Legislation:

The FPSLREB deals with matters under the following laws:

  • The Federal Public Sector Labour Relations and Employment Board Act
  • The Federal Public Sector Labour Relations Act
  • The Public Service Employment Act
  • The Parliamentary Employment Staff Relations Act
  • Part II of the Canada Labour Code
  • The Accessible Canada Act (came into force on July 11, 2019)
  • The Canadian Human Rights Act
  • The Financial Administration Act
  • The Canadian Charter of Rights and Freedoms
  • The Pay Equity Act is not yet in force but will relate to Parliamentary employees
Resource allocation 2019-20 $10,068,511 (excluding EBP).
Number of GiCs Current complement (as of July 2019):
  • Full-time: 12 (including 1 Chairperson and 2 Vice-Chairpersons)
    Vacancies: 3
  • Part-time: 7
    Vacancies: n/a (FPSLREBA does not limit number of part-time members)
Secretariat Staff 68 (includes 2 executives and 6 managers)

Schedule 1: Caseload

The caseload is presented in accordance with three statutes that the FPSLREB administers.

Federal Public Sector Labour Relations Act (FPSLRA)

Fiscal year Carried forward from previous years New Total new Closed Carried forward to next year Withdrawal pending1
Grievances Complaints Applications
2017-2018 6765 1072 74 209 1355 1466 6654 780
2018-2019 6654 1283 82 265 1630 1203 7081 946
2019-2020 as of June 30, 2019 7081 131 13 97 241 381 6941 931

1 These are cases included in the carried forward numbers for which the FPSLREB is awaiting a formal withdrawal of the file before the file can be closed. In most cases a settlement has been reached and the filing party will withdraw the matter only once the terms of the settlement have been completely implemented.

Public Service Employment Act (PSEA)

Fiscal year Complaints carried
forward from previous years
New complaints Complaints closed Carried forward to next
year
2017-2018 401 623 549 475
2018-2019
475 584 585 585
2019-2020 as of June 30, 2019 585 208 129 664

Parliamentary Employment Staff Relations Act (PESRA)

Fiscal year Carried forward from previous years New Total new Closed Carried forward to next year
Grievances Complaints Applications
2017-2018 50 28 2 5 35 19 66
2018-2019 66 14 4 8 26 15 77
2019-2020 as of June 30, 2019 77 1 3 3 7 4 80

Reasons for decision issued

Legislation Reasons for decision issued 2019-2020 as of June 30, 2019 Reasons for decision issued 2018-2019 Reasons for decision issued 2017-2018
Federal Public Sector Labour Relations Act (FPSLRA) 20 82 77
Public Service Employment Act (PSEA) 1 14 21
Parliamentary Employment Staff Relations Act (PESRA) 0 6 2
Total 21 102 100

Public Servants Disclosure Protection Tribunal (PSDPT)

Chairperson Honourable Martine St-Louis
Term December 21, 2016 – December 20, 2021
Portfolio Department Privy Council Office
Location 90 Sparks Street, 5th Floor, Ottawa
Mandate The Public Servants Disclosure Protection Tribunal (PSDPT) hears reprisal complaints referred by the Public Sector Integrity Commissioner.
Resource allocation 2019-20
Number of GiCs Current complement (as of November 1, 2019):
  • Full-time: 0
    Vacancies: 0
  • Part-time: 3
    Vacancies: 0
Secretariat Staff 1 FTE (includes 1 shared executive, 1 shared legal counsel, 1 shared registry officer, I shared administrative assistant)
Volume of Caseload 1 active case (hearing held in June 2019, decision being written)

Social Security Tribunal (SST)

Chairperson Paul Aterman
Term September 17, 2018 – September 16, 2023
Portfolio Department Employment and Social Development Canada
Location 344 Slater Street, Ottawa, Ontario
Mandate The Social Security Tribunal of Canada (SST) is an administrative tribunal composed of a General Division and an Appeal Division that makes quasi-judicial decisions on appeals related to the Canada Pension Plan (CPP), Old Age Security Act (OASA) and the Employment Insurance Act (EIA).
Resource allocation 2019-20 Authorities: $36,000,121 (excludes EBP)
Number of GiCs as of October 30, 2019 Full-time:
  • GiCs: 60 (including 1 chair, 3 vice-chairs)
Part-time:
  • GiCs: 17
Secretariat Staff 154 (includes 4 executives, 7 managers)
Statistics 2017-18
  • Cases completed: 8,958
    • General Division-Employment Insurance: 3,796
    • General Division-Income Security: 3,698
    • Appeal Division: 1,464
  • Remaining caseload at year’s end: 5,742
    • General Division-Employment Insurance: 2,304
    • General Division-Income Security: 2,982
    • Appeal Division: 456
2018-19
  • Cases completed: 9,140
    • General Division-Employment Insurance: 5,022
    • General Division-Income Security: 3,221
    • Appeal Division: 897
  • Remaining caseload at year’s end: 4,047
    • General Division-Employment Insurance: 1,321;
    • General Division-Income Security: 2,325;
    • Appeal Division: 401.
2019-20 (as of September 2019)
  • Cases completed: 4,231
    • General Division-Employment Insurance: 2,138;
    • General Division-Income Security: 1,476;
    • Appeal Division: 617.
  • Remaining caseload at this time: 3,063
    • General Division-Employment Insurance: 1,010;
    • General Division-Income Security: 1,824;
    • Appeal Division: 229.

Specific Claims Tribunal (SCT)

Chairperson Honourable Harry Slade
Term December 11, 2015 – December 10, 2020
Portfolio Department Crown-Indigenous Relations and Northern Affairs Canada
Location 427 Laurier Street West, 4th Floor, Ottawa
Mandate The Specific Claims Tribunal decides issues of validity and compensation relating to historic claims of First Nations against the Crown relating to reserve lands, other assets and the fulfilment of Treaty promises.
Resource allocation 2019-20 $1,794,142 (excludes EBP)
Number of Tribunal Members (Superior Court Judges) Current complement (as of July 2019)
  • Full-time: 2 (includes the chairperson)
  • Part-time: 2
Secretariat Staff 13 (includes 1 shared executive, 1 manager)
Volume of Caseload Active claims (as of February 2019): 80

Decisions issued in 2017-2018: 7

Transportation Appeal Tribunal of Canada (TATC)

Chairperson Charles Sullivan
Term October 27, 2018 – October 26, 2022
Portfolio Department Transport Canada
Location 344 Slater, 15th floor, Ottawa, Ontario
Mandate The Transportation Appeal Tribunal of Canada provides a recourse mechanism to the national transportation sector regarding administrative actions taken by the Minister of Transport and the Canadian Transportation Agency under various pieces of federal transportation legislation.
Resource allocation 2019-20 $1,649,324 (excludes EBP)
Number of GiCs Current complement (as of January 2019):

  • Full-time: 2
    Vacancies: 0
  • Part-time: 48
    Vacancies: 0
Secretariat Staff 12 (includes 1 shared executive, 1 manager)
  • Indeterminate: 8
  • Secondment: 2
  • Casual: 1
  • Students: 2
Volume of Caseload New cases opened in:
  • 2017-18: 141
  • 2018-19: 162

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