The Government of Canada has passed legislation to consolidate the provision of support services to 11 administrative tribunals by way of a single, integrated organization - the Administrative Tribunals Support Service of Canada (ATSSC). The ATSSC is established with the coming into force on November 1, 2014, of the Administrative Tribunals Support Service of Canada Act.
The ATSSC will provide the tribunals with the full range of services required to support their respective mandates. These support services include:
- corporate services (e.g., common functions of human resources, information technology, financial services, communications);
- registry services (e.g. file management and processing); and
- core mandate services (e.g., research, analysis, legal, library services and other case-specific work).
Tribunals served by the ATSSC
The following administrative tribunals will receive support services from the ATSSC:
- Canada Agricultural Review Tribunal
- Canada Industrial Relations Board
- Canadian Cultural Property Export Review Board
- Canadian Human Rights Tribunal
- Canadian International Trade Tribunal
- Competition Tribunal
- Public Servants Disclosure Protection Tribunal
- Public Service Labour Relations and Employment Board
- Specific Claims Tribunal
- Social Security Tribunal
- Transportation Appeal Tribunal of Canada
Tribunal independence maintained
Decision-making independence in relation to the tribunals' adjudicative and substantive functions (including investigation and mediation) will be fully preserved, and the tribunals will maintain control over their rules and procedures.
Chairpersons will continue to assign work to members. Chairpersons and members will continue to work directly with expert staff supporting mandate-related casework. The ATSSC will provide chairpersons and members with the services and facilities that each tribunal needs. This will enable the tribunals to exercise their powers and perform all the duties and functions as set out in their enabling legislation and rules.
The tribunals remain in their current ministerial portfolios.
Chief Administrator and ATSSC Staff
The Chief Administrator, appointed by the Governor-in-Council, is the deputy head and is accountable for managing the ATSSC. The ATSSC is part of the Justice portfolio, and will report to Parliament through the Minister of Justice.
All tribunal staff, including related departmental resources and regional staff, has been transferred from the tribunals to the new organization. The ATSSC comprises approximately 500 employees and the Office of the Chief Administrator is located in the National Capital Region. Existing regional offices will become part of the ATSSC, and will remain in place.
Staff providing analysis and working on cases with tribunal chairpersons and members will continue to provide this support to the tribunal they worked for prior to the coming into force of the Administrative Tribunals Support Service of Canada Act. While these employees formally report to the Chief Administrator, they will continue to work directly with chairpersons and members as appropriate.
Benefits of this change
There are several benefits to consolidating the provision of support services for these administrative tribunals, including the following:
Improving capacity to meet the administrative needs of tribunals
Many of these tribunals are small organizations with limited resources. Tribunals themselves have identified access to support as an on-going challenge, in some cases, due to their size. The ATSSC will bring together staff and consolidate resources in a single, integrated organization that will strengthen the capacity to support tribunals' needs. For example, some tribunals may currently rely on one person for all their human resources services; the ATSSC will provide access to a broader range of specialized employees in areas such as staffing, labour relations and training.
Improved access to justice for Canadians
A centralized organization will be able to better use technology and implement best practices to aid access to justice through modernized operations. Some benefits could include a more widespread use of the following:
- videoconferencing for hearings and other alternative options to in-person interaction, to offer greater flexibility for those appearing before the tribunals; and
- comprehensive Web content about processes, past decisions or any other information relevant to the public that may require the services of a tribunal.
The ATSSC will contribute to improving the efficiency and effectiveness of the tribunals' decision-making processes - an important component of access to justice.
Efficiencies through economies of scale
Efficiencies can be achieved by sharing some resources and having a centralized and versatile team with administrative and other expertise. ATSSC employees possess a broad range of skill sets and expertise that will help meet the support service needs of the tribunals and will ensure consistency across tribunals. Moreover, the ATSSC will also provide an opportunity to share best practices among previously separate organizations. Many tribunals have identified support challenges in their annual reports and see partnerships and the sharing of resources as a means to address operational limitations.
The creation of the ATSSC is an administrative measure consistent with the Government's ongoing commitment to improving the efficiency and effectiveness of its administration and operations. It is expected that efficiencies will be realized over time once the new organization operates as a single, integrated service provider.
Cases will continue to be filed with the relevant tribunal and will be managed according to existing procedures.
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Department of Justice Canada
October 2014
