Difference between revisions of "Travailler au SCDATA/À propos des tribunaux"
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Revision as of 15:13, 7 February 2022
Tribunals served by the ATSSC:
Canada Agricultural Review Tribunal (CART)
The Canada Agricultural Review Tribunal is an independent tribunal established by the Government of Canada to provide impartial reviews of notices of violation issued by federal agencies regulating agriculture and food.
Federal agencies, including the Canadian Food Inspection Agency, the Canada Border Services Agency and the Pest Management Regulatory Agency, use administrative monetary penalties (AMPs) as part of their escalating scale of enforcement providing an expeditious, non-punitive means to promote regulatory compliance.
Mandate
In line with its mission, the CART's mandate is to provide independent, fair, cost-effective and timely review of the validity of AMPs issued to any person by a federal agency under the Administrative Monetary Penalties Act. As an independent quasi-judicial body established by Parliament, under the Canada Agricultural Products Act and the AMP Act, the CART maintains an arm's length relationship from Agriculture and Agri-Food Canada, Health Canada, Public Safety Canada and their Ministers. Each member of the CART is appointed for a fixed term and may not be employed in the federal public service.
Canadian Cultural Property Export Review Board (CCPERB)
The Canadian Cultural Property Export Review Board is an independent, quasi-judicial decision-making body that reports to the Minister of Canadian Heritage and Official Languages.
Established in 1977 by the Cultural Property Export and Import Act, the Review Board determines whether cultural property is of outstanding significance and national importance with a view to protecting and preserving Canada's artistic, historic, and scientific heritage and making it accessible to the public.Mandate
- Certify cultural property as being of outstanding significance and national importance;
- Establish export delays to provide designated organizations with an opportunity to acquire significant cultural property threatened with permanent export; and
- Determine fair cash offers to purchase cultural property for refused export permits.
Canadian Human Rights Tribunal (CHRT)
The Canadian Human Rights Tribunal is similar to a court of law but is less formal and only hears cases relating to discrimination; it decides whether a person or organization has engaged in a discriminatory practice under the Canadian Human Rights Act. If the answer is yes, the Tribunal decides how to compensate the victim and how to prevent similar cases of discrimination in the future.
The Act states that all Canadians have the right to equality, equal opportunity, fair treatment, and an environment free of discrimination. The CHRT applies these principles to cases that are referred to it by the Canadian Human Rights Commission (CHRC).Mandate
The Canadian Human Rights Tribunal has a statutory mandate to apply the Canadian Human Rights Act based on the evidence presented and on the case law in the cases it hears.
Canada Industrial Relations Board (CIRB)
The Canada Industrial Relations Board is an independent, representational, quasi-judicial tribunal responsible for the interpretation and administration of Part I (Industrial Relations), and certain provisions of Part II (Occupational Health and Safety) of the Canada Labour Code; it is also responsible for the interpretation and administration of Part II (Professional Relations) of the Status of the Artist Act.
The CIRB provides a variety of dispute resolution services. It adjudicates matters where necessary, but it also focuses on providing mediation assistance at all stages of a proceeding to proactively seek a resolution of matters that best meets the needs of the parties.Mandate
- To support constructive labour-management relations in the sectors regulated by Part I of the Canada Labour Code;
- To contribute to Canada's cultural community by encouraging constructive professional relations between artists and producers in federal jurisdiction.
Canadian International Trade Tribunal (CITT)
The Canadian International Trade Tribunal provides Canadian and international businesses with access to fair, transparent and timely processes for the investigation of trade remedy cases and complaints concerning federal government procurement and for the adjudication of appeals on customs and excise matters. At the request of the Government of Canada, the CITT provides advice in tariff, trade, commercial and economic matters.
Mandate
- Inquire into whether dumped or subsidized imports have caused, or are threatening to cause, injury to a domestic industry;
- Inquire into complaints by potential suppliers concerning procurement by the federal government that is covered by the North American Free Trade Agreement, the Agreement on Internal Trade, the World Trade Organization Agreement on Government Procurement and the Canada-Chile Free Trade Agreement, or any other applicable trade agreement;
- Hear appeals of decisions of the Canada Border Services Agency made under the Customs Act and the Special Import Measures Act and of the Minister of National Revenue under the Excise Tax Act;
- Inquire into and provide advice on such economic, trade and tariff issues as are referred to the Tribunal by the Governor in Council or the Minister of Finance;
- Investigate requests from Canadian producers for tariff relief on imported textile inputs that they use in their production operations and to make recommendations to the Minister of Finance on the requests; and
- Inquire into complaints by domestic producers that increased imports are causing, or threatening to cause, injury to domestic producers and, as directed, make recommendations to the Government of Canada on an appropriate remedy.
Public Servants Disclosure Protection Tribunal Canada (PSDPT)
The Public Servants Disclosure Protection Tribunal, established in 2007, is a quasi-judicial body that operates independently from any Government of Canada department.
The PSDPT was created to enhance public confidence in the integrity of public servants and to protect from reprisals, those who report wrongdoing.The PSDPT hears reprisal complaints referred by the Public Sector Integrity Commissioner and decides if complainants have been subject to reprisals. If this is the case, the Tribunal orders remedies for the complainant and disciplinary action against the person who took the reprisal.
Mandate
To contribute to the enhancement of an ethical culture in the public service through the impartial and timely disposition of cases. This includes:
- Ensuring that processes are fair and transparent;
- Ensuring that parties are treated fairly and impartially;
- Rendering decisions that are sound and well-reasoned;
- Informing key stakeholders and Canadians about its role and mandate; and
- Providing public access to the Tribunal's decisions.
Federal Public Sector Labour Relations and Employment Board (FPSLREB)
The Federal Public Sector Labour Relations and Employment Board is an independent quasi-judicial statutory tribunal established by the Federal Public Sector Labour Relations and Employment Board Act, which came into force on November 1, 2014. The FPSLREB is responsible for administering the collective bargaining and grievance adjudication systems in the federal public service and in Parliament. It is also responsible for the resolution of staffing complaints related to internal appointments and layoffs in the federal public service. It can also receive complaints about appointments that were made to comply with an order in a previous FPSLREB decision, as well as revocations of internal appointments.
The FPSLREB is the creation of a merger of the Public Service Labour Relations Board and the Public Service Staffing Tribunal. The FPSLREB deals with matters that were previously dealt with by those former tribunals under the Public Service Labour Relations and Employment Board Act and the Public Service Employment Act, respectively.
Competition Tribunal (CT)
The Competition Tribunal is a specialized tribunal that combines expertise in economics and business with expertise in law. The Tribunal is a strictly adjudicative body that operates independently of any government department. The cases it hears are complex and deal with matters such as mergers, misleading advertising and restrictive trade practices.
MandateThe 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.
Specific Claims Tribunal (SCT)
The Specific Claims Tribunal, established on October 16, 2008, is part of the Government of Canada's Justice at Last policy and joint initiative with the Assembly of First Nations aimed at accelerating the resolution of specific claims to provide justice for First Nations claimants and certainty for government, industry and all Canadians.
MandateDeciding First Nations' specific claims including claims related to non-fulfillment of treaties, fraud, illegal leases and dispositions or inadequate compensation for reserve lands or other assets.
Social Security Tribunal of Canada (SST)
The Social Security Tribunal of Canada is an independent administrative body composed of a General Division and Appeal Division that makes quasi-judicial decisions on appeals related to the Canada Pension Plan, Old Age Security Act or the Employment Insurance Act.
Transportation Appeal Tribunal of Canada (TATC)
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. The Tribunal holds review and appeal hearings at the request of those affected by these administrative decisions. In addition to aviation, the TATC's jurisdiction extends to the marine, railway, and international bridges and tunnels sectors.
Mandate
To conduct informal, expeditious and fair hearings.
Environmental Protection Tribunal of Canada (EPTC)
The Environmental Protection Tribunal of Canada is a group of expert adjudicators (called Review Officers) who carry out review hearings of Administrative Monetary Penalties and Compliance Orders issued by Environment and Climate Change Canada (ECCC) enforcement officers. The EPTC is independent from ECCC and was formerly known as Environmental Protection Review Canada.
