Response to the CITT Advisory Committee’s annual report on activities in 2018-2019

The CITT’s Advisory Committee (AC) has been in place since the fall of 2015 and is made up of a cross section of legal counsel, business associations and governmental officials. Its purpose is to provide recommendations to enhance the accessibility, fairness and transparency of the Tribunal’s rules and procedures, especially for small and medium-sized businesses (SMEs).

As noted in the AC’s 2018-2019 annual report, fewer substantive issues than usual were raised because the exceptionally heavy hearing schedule (including the Steel Safeguard Inquiry) meant that it was not possible to hold an intersessional meeting in the fall of 2018 as planned.

Nonetheless, the Tribunal would like to thank the AC for its ongoing work and provides the following in response to the issues raised in its 2018-2019 Report.

Cost Reductions and Efficiency Improvements

Reducing costs and enhancing efficiency for SMEs remains a priority for the Tribunal. It looks forward to continuing to work closely with the AC on this issue.

In that regard, the Tribunal notes the AC’s comment welcoming file hearings in expiry reviews as a mean of reducing costs and aiding the efficiency of proceedings. The Tribunal intends to continue the practice initiated last year, whenever it is appropriate to do so.

Committee Membership

When the AC was created in 2015, the Tribunal deliberately included a wide cross section of individuals who represent its many stakeholders. The Tribunal continues to encourage the participation of a broad cross section of stakeholders and would welcome new members who are interested in supporting the AC’s mandate.

Video Conferencing & Witness Testimony

The Tribunal has used video conferencing successfully in several hearings over the past year. However, there is still room to improve the technical aspects of the service. Challenges remain for the use of video conferencing when there is confidential testimony from a witness/party outside of Canada. The Tribunal continues to welcome comments and advice from the AC on possible improvements and adjustments.

Electronic Document Filing and Service

The Tribunal is committed to improving its “e-services”. A pilot project to test a new comprehensive e-case management system that was scheduled to take place in the fall of 2018 is now expected to be conducted for the expiry review of Aluminum Extrusions.

The Tribunal has noticed an increase in the number of pages of document submitted by parties since the inception of electronic document filing. It is considering the possibility of setting page limits on documents and will seek comments from the AC at a later date.

Committee Meetings & Prospective Workshop

The Tribunal welcomes the resumption of fall meetings and looks forward to working with the AC to set the agenda for a one-day workshop to be held before the end of 2019.

Customs and Excise Appeals & Procurement Matters

The Tribunal continues to look forward to useful discussions with the AC on these important mandates.

Concluding Comments

The Tribunal thanks the AC, and in particular its chair, Lawrence Herman, and vice-chairs Joy Knott and Dalton Albrecht, for continuing to provide useful advice and comment to the Tribunal on a wide range of issues. The AC plays an important role in ensuring that the Tribunal’s practices and procedures remain fair, accessible, transparent and cost-effective.

Finally, the Tribunal would also like to acknowledge Member Ann Penner’s exceptional contribution and excellent work in establishing and supporting the AC during her tenure at the Tribunal. We are grateful for the role that she played in the success of the AC while she was Chair of the Tribunal’s Outreach Committee.