Official Languages Committee on May 2nd, 2019

[Marie-France Pelletier]

Once again, this comes back to the imperatives that Parliament is trying to address. Earlier, I explained that structures will be created, depending on the area and the gap that Parliament was trying to fill.

For example, most of our tribunals that adjudicate on monetary penalties act much like appeal tribunals for penalties that have been established by other government entities. The role of these tribunals is to determine whether to impose a penalty or how much.

That's how some of our tribunals do it.

[François Choquette, NDP, Drummond, QC]

Do you have any examples of a compliance order?

[Marie-France Pelletier]

None come to mind, unfortunately, but I can ask.

[François Choquette, NDP, Drummond, QC]

Okay.

To your knowledge, do any tribunals order administrative monetary penalties against federal departments or agencies?

[Marie-France Pelletier]

That's a good question. I would have to check.

The examples I have in mind are more along the lines of departments that impose penalties on individuals.

[François Choquette, NDP, Drummond, QC]

Penalties are imposed on individuals as well as on the private sector.

[Marie-France Pelletier]

That's right. Individuals appeal to the tribunals.

So I don't have an example in mind, but it's possible. I can't say for sure.

[François Choquette, NDP, Drummond, QC]

That would be quite exceptional, if I understand correctly.

[Marie-France Pelletier]

I have no expert knowledge on that.

[François Choquette, NDP, Drummond, QC]

Okay.

How many federal administrative tribunals are there in Canada?

[Marie-France Pelletier]

There are close to 30 tribunals. I would say around 26 to 28.

[François Choquette, NDP, Drummond, QC]

You supervise 11 of those tribunals.

[Marie-France Pelletier]

Yes.

[François Choquette, NDP, Drummond, QC]

Are the other tribunals autonomous? Are they supervised?

[Marie-France Pelletier]

That can vary.

Some are fully autonomous, because they are large enough to set up their own support structure. Others may receive support services from their department or another agency. It can vary a great deal.

This is the case with the 11 tribunals that are part of our organization at the moment. There are a variety of different models.

[François Choquette, NDP, Drummond, QC]

The costs or investments in the tribunals range from a few hundred thousand dollars to a few million dollars.

What is a typical example of a tribunal that costs a few hundred thousand dollars? Why does it cost so little?

Is it because it has a smaller team or because the tribunal is used only on a few rare occasions?

Can you explain how it works?

[Marie-France Pelletier]

That's exactly it. Our smallest tribunal is one to which very few cases are assigned. It exists because, when cases are entrusted to it, they are major issues that need to be resolved. We still need to maintain a certain level of support, a minimum level of services, given that we do not know when the cases will come in. Other tribunals may have a heavier and more constant workload.

Of course, workload plays a major role in generating costs for those tribunals. The volume of cases is often the largest component of the budgets. However, sometimes, the volume may not be huge, but the files are complex. So there are a number of variables from one tribunal to another that generate costs and require resources, but it is generally the volume of cases that matters most.

[François Choquette, NDP, Drummond, QC]

Thank you.

[The Chair, Liberal, Denis Paradis]

Thank you, Mr. Choquette.

Mr. Rioux, you have the floor for four minutes.

[Jean Rioux, Liberal, Saint-Jean, QC]

Thank you, Mr. Chair.

My questions will be mainly about facts. First, could you tell me approximately how long a case lasts when it is processed by the Canadian Human Rights Tribunal?

[Marie-France Pelletier]

It can vary a great deal. The issues before this tribunal are complex and usually require a lengthy study. Clearly, a number of steps need to be taken. This is the case for the Canadian Human Rights Tribunal, but it is also the case for any other tribunal. The issues must go through those steps. In addition, the exchange of documents between the parties or mediation may sometimes cause delays for the tribunal. It is difficult to determine.

[Jean Rioux, Liberal, Saint-Jean, QC]

In a nutshell, we can say that it takes more than one day.

[Marie-France Pelletier]

Yes, absolutely.

[Jean Rioux, Liberal, Saint-Jean, QC]

Okay.

Are any decisions made right on the spot? As a general rule, how long does it take for a judgment to be rendered?

[Marie-France Pelletier]

I cannot comment on the practices of one tribunal versus another, but to my knowledge, very few of our tribunals make decisions without deliberations. It is not impossible, but in my opinion, that is not how it is done.