ESTIMATES. NAFTA Secretariat, Canadian Section. Performance Report

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ESTIMATES NAFTA Secretariat, anadian Section Performance Report For the period ending March 31, 1998

Improved Reporting to Parliament Pilot Document The Estimates of the Government of anada are structured in several parts. Beginning with an overview of total government spending in Part I, the documents become increasingly more specific. Part II outlines spending according to departments, agencies and programs and contains the proposed wording of the conditions governing spending which Parliament will be asked to approve. The Report on Plans and Priorities provides additional detail on each department and its programs primarily in terms of more strategically oriented planning and results information with a focus on outcomes. The Departmental Performance Report provides a focus on results-based accountability by reporting on accomplishments achieved against the performance expectations and results commitments as set out in the spring Report on Plans and Priorities. Minister of Public Works and Government Services anada 1998 Available in anada through your local bookseller or by mail from anadian Government Publishing PWGS Ottawa, anada K1A 0S9 atalogue No. BT31-4/47-1998 ISBN 0-660-60714-X

Foreword On April 24, 1997, the House of ommons passed a motion dividing on a pilot basis what was known as the annual Part III of the Estimates document for each department or agency into two documents, a Report on Plans and Priorities and a Departmental Performance Report. This initiative is intended to fulfil the government s commitments to improve the expenditure management information provided to Parliament. This involves sharpening the focus on results, increasing the transparency of information and modernizing its preparation. This year, the Fall Performance Package is comprised of 80 Departmental Performance Reports and the government s Managing For Results report. This Departmental Performance Report, covering the period ending March 31, 1998, provides a focus on results-based accountability by reporting on accomplishments achieved against the performance expectations and results commitments as set out in the department s Part III of the Main Estimates or pilot Report on Plans and Priorities for 1997-98. The key result commitments for all departments and agencies are also included in Managing for Results. Results-based management emphasizes specifying expected program results, developing meaningful indicators to demonstrate performance, perfecting the capacity to generate information and reporting on achievements in a balanced manner. Accounting and managing for results involve sustained work across government The government continues to refine and develop both managing for and reporting of results. The refinement comes from acquired experience as users make their information needs more precisely known. The performance reports and their use will continue to be monitored to make sure that they respond to Parliament s ongoing and evolving needs. This report is accessible electronically from the Treasury Board Secretariat Internet site: http://www.tbs-sct.gc.ca/tb/key.html omments or questions can be directed to the TBS Internet site or to: Planning, Performance and Reporting Sector Treasury Board Secretariat L Esplanade Laurier Ottawa, Ontario, anada K1A OR5 Tel: (613) 957-7042 Fax (613) 957-7044

Performance Report NAFTA Secretariat, anadian Section for the period ending March 31, 1998 The Honourable Sergio Marchi

Table of ontents Page Section I: The Minister s Message...1 Section II: Departmental Overview...2 1. Mandate and Mission...2 a. Mandate...2 b. Mandated Responsibilities Structure...3 Figure 1 - Mandated Responsibilities hart...3 Figure 2 - Mission Statement...4 2. Operating Environment...4 a. Background...4 b. Program Objective...5 Figure 3 - hart of Dispute Settlement Provisions...5 c. orporate Objectives...6 d. Strategic Priorities...7 e. Operating ontext...8 i. Resources...8 Figure 4 - External Factors...9 Figure 5 - Efficiency and Affordability...9 Figure 6 - o-delivery Partners...10 ii. Reach...11 iii. Results...12 3. Business Line...13 Section III: Departmental Performance...14 1. Performance Expectations...14 a. Authorities...14 Figure 7 - Authorities for 1997-98...14 b. Results ommitments...14 2. Performance Accomplishments...14 a. Departmental Performance...14 i. Departmental Outputs...15 ii. Performance Results...15 Figure 8 - Summary of onsolidated Performance Results by Service Line - 1994-98...16 iii. Year 2000 Readiness...18 Section IV: Financial Performance...19 Table 1 - Authorities for 1997-98...19 Table 2 - omparison of Total Planned Spending to Actual Spending for 1997-98...20 Table 3 - Historical omparison of Total Planned to Actual Spending...21 Tables 4-6...21 Table 7 - Revenues redited to the onsolidated Revenue Fund...21 Tables 8-15...21 Section V: Other Information...23 ontact for Further Information...23

Results ommitments The NAFTA Secretariat, anadian Section to provide anadians with: appropriate administration of the dispute settlement provisions of the North American Free Trade Agreement (NAFTA), the anada - Isräel Free Trade Agreement and the anada - hile Free Trade Agreement in a manner which ensures unbiased administrative processes, equity, security and fairness while providing quality services to be demonstrated by: stakeholder feedback; public access to and provision of information accessible formats.

Section I: The Minister s Message The NAFTA Secretariat, comprised of the anadian, U.S. and Mexican Sections, is responsible for the administration of the dispute settlement provisions of the North American Free Trade Agreement (NAFTA). In 1997, NAFTA Secretariat, anadian Section was also mandated to administer the dispute settlement provisions of the anada - Isräel Free Trade Agreement and the anada - hile Free Trade Agreement. The mandate of the NAFTA Secretariat, anadian Section also includes the provision of assistance to the relevant Trade ommissions and support for various non-dispute related committees and working groups. Since the establishment of the trade agreement with our North American neighbours, Mexico and the United States, anada has experienced dramatic growth in export performance. This growth has created hundreds of thousands of jobs for anadians and contributed to strengthening our national economy. The federal government recognizes that trade policy and trade relations are crucially important to the achievement of anada s economic and social goals. Rules-based international trade dispute settlement systems are a critical part of our trade policy and trade relations. One of the fundamental features of the NAFTA, like its predecessor the anada-united States Free Trade Agreement (FTA), is its efficient dispute settlement processes. These processes provide a mechanism for governments and firms to raise and resolve disputes that are inevitable in an active trading relationship. From the inception of the FTA in 1989 until March 31, 1998, a total of 95 FTA and NAFTA proceedings have been filed with the Secretariat and 78 decisions and reports have been issued under these dispute settlement provisions. In the past fiscal year, the anadian Section has had two other accomplishments worthy of note. First, to improve public access to relevant documents, it launched a comprehensive and searchable (by word and phrase) trilingual World Wide Web Internet Site in conjunction with the Mexican and U.S. national Sections of the NAFTA Secretariat. Second, the NAFTA Secretariat Registry System, integral to the administration of the dispute settlement processes, has been upgraded and enhanced, as part of an ongoing series of improvements to enhance productivity and ensure Year 2000 compliance. The dispute settlement mechanisms require the provision of impartial advice, accurate information, and timely administrative support. In providing these services, the anadian Section has succeeded in achieving a consistently high level of client satisfaction. According to survey results compiled since 1994 by an independent consulting firm, on average, 97 percent of the anadian Section s clients are very satisfied (the highest possible rating), overall, with the NAFTA Secretariat, anadian Section. Further, an average of 93 percent of clients believe that the anadian Section is very important to the dispute settlement processes of the NAFTA. The Honourable Sergio Marchi Section I: The Message

Section II: Departmental Overview 1. Mandate and Mission a. Mandate The NAFTA Secretariat is a unique organization created by the NAFTA for the administration of the dispute settlement provisions of the NAFTA. The Secretariat has anadian, U.S. and Mexican Sections which have been established as mirror-images of each other to carry-out this mandate. In the administration of the dispute settlement provisions, the NAFTA Secretariat provides legal, professional and advisory support to panels and committees, operates a court-like registry and co-ordinates all panel and financial aspects of the process. The mandate of the Secretariat is set out in Article 2002.3 of the NAFTA and reads: The Secretariat shall: (a) (b) provide assistance to the ommission; provide administrative assistance to: (i) panels and committees established under hapter Nineteen (Review and Dispute Settlement in Antidumping and ountervailing Duty Matters), in accordance with the procedures established pursuant to Article 1908, and (ii) panels established under this hapter, in accordance with procedures established pursuant to Article 2012; and (c) as the ommission may direct: (i) support the work of other committees and groups established under this Agreement, and (ii) otherwise facilitate the operation of this Agreement. NAFTA Secretariat, anadian Section 2

In 1997, the anadian Section s mandate was expanded to include responsibility for the administration of the dispute settlement processes under hapter 8 of the anada - Isräel Free Trade Agreement and hapter N of the anada - hile Free Trade Agreement. b. Mandated Responsibilities Structure The organization is headed by the anadian Secretary who reports to the Minister for International Trade for Parliamentary accountability and to the appropriate Trade ommission 1 for the administration of the dispute settlement processes under the NAFTA, the anada - Isräel Free Trade Agreement and the anada - hile Free Trade Agreement. Figure 1 - Mandated Responsibilities hart NAFTA TRADE OMMISSION ANADA / HILE TRADE OMMISSION ANADA / ISRÄEL TRADE OMMISSION U.S. & Mexican National Sections U.S. & Mexican Secretary anadian National Section anadian Secretary hilean National Section hilean Secretary Isräeli Designated Agency Head of Isräeli Designated Agency 1 For the purposes of this document, the Trade ommissions are the (NAFTA) Free Trade ommission, the anada - Isräel Trade ommission and the anada - hile Free Trade ommission. The Minister for International Trade is the anadian representative for these Trade ommissions. 3 Section II: Departmental Overview

Figure 2 - Mission Statement The NAFTA Secretariat, anadian Section is committed to administering the dispute settlement provisions of the relevant Free Trade Agreements, in a manner which ensures unbiased administrative processes, equity, security and fairness while providing quality services. N.B. For the purposes of this document, the Free Trade Agreements are the North American Free Trade Agreement, the anada - Isräel Free Trade Agreement and the anada - hile Free Trade Agreement. 2. Operating Environment a. Background In 1997, trilateral trade among the NAFTA partners, anada, United States and Mexico was $685 billion. anada s trading relationship with Mexico, while growing, is relatively small at $8.1 billion in 1997. Our bilateral trade relationship with the United States, $454 billion last year, is the largest between any two countries in the world. With this volume of trade, disputes are inevitable. It is estimated that about 5% of anada s bilateral trade with the United States is currently under dispute. A similar administrative body, the Binational Secretariat existed under the anada - United States Free Trade Agreement (FTA). In 1994, pursuant to the Parties obligation under the NAFTA to establish permanent, national Section offices in each country, the Binational Secretariat, anadian and United States national Sections became the NAFTA U.S. Section (Washington, D..) U.S. Secretary NAFTA Secretariat anadian Section (Ottawa) anadian Secretary Mexican Section (Mexico ity) Mexican Secretary anadian and United States national Sections, and with the addition of the Mexican Section, make up the NAFTA Secretariat. The national Sections are located in Ottawa, Washington and Mexico ity and are headed by the anadian, United States and Mexican Secretaries. NAFTA Secretariat, anadian Section 4

b. Program Objective The NAFTA Secretariat, anadian Section s program objective is to implement the dispute settlement provisions of the North American Free Trade Agreement (NAFTA), the anada - Isräel Free Trade Agreement (IFTA) and the anada - hile Free Trade Agreement (FTA), by providing support to panels established under the relevant agreements and by maintaining a court-like registry system relating to panel, committee and tribunal proceedings of the relevant agreements. Figure 3 - hart of Dispute Settlement Provisions Under the NAFTA hapter 19 hapter 20 hapter 14 disputes relating to anti-dumping, countervailing duty, injury final determinations disputes concerning the interpretation or application of the Agreement disputes relating to financial services provisions can be referred to a binding review process as an alternative to judicial review can be referred to arbitral panels can be referred to hapter 20 dispute settlement procedures hapter 11 disputes regarding investment matters can be referred to certain international arbitral mechanisms Under the IFTA hapter 8 disputes concerning the interpretation or application of the Agreement can be referred to panels of experts hapter N Under the FTA disputes concerning the interpretation or application of the Agreement can be referred to arbitral panels 5 Section II: Departmental Overview

c. orporate Objectives In support of the Program Objective of the NAFTA Secretariat, anadian Section, the following five corporate objectives have been developed. ommitment to an Unbiased and Equitable Administrative Process - the NAFTA Secretariat, anadian Section, is committed to administering the dispute settlement provisions of the relevant Free Trade Agreements 2 in a manner which ensures unbiased administrative processes, equity, security and fairness. ommitment to Quality - the NAFTA Secretariat, anadian Section, is committed to maintaining the highest quality of administration of all dispute settlement proceedings. Support to Stakeholders - the NAFTA Secretariat, anadian Section, is committed to supporting and providing services to its stakeholders in a manner that is impartial, responsive, accessible and timely. Openness and Accountability - the NAFTA Secretariat, anadian Section, is committed to ensuring openness and accountability to the Government, the relevant Free Trade ommissions 3 and to the public. Innovative Uses of Information Technologies - in keeping with the Federal Government s Blueprint for Renewing Government Services Using Information Technology, the NAFTA Secretariat, anadian Section, is committed to employing new information technologies to develop and enhance systems and processes to improve overall effectiveness and efficiency. 2 For the purposes of this document, the Free Trade Agreements are the North American Free Trade Agreement, the anada - Isräel Free Trade Agreement and the anada - hile Free Trade Agreement. 3 For the purposes of this document, the Free Trade ommissions are the (NAFTA) Free Trade ommission, the anada - Isräel Trade ommission and the anada - hile Free Trade ommission. NAFTA Secretariat, anadian Section 6

d. Strategic Priorities To assist in fulfilling the above noted Program and orporate Objectives, the anadian Section, in collaboration with the Mexican and the U.S. Sections, established the following strategic priorities for the fiscal year 1997-98. ertain of these strategic priorities are multi-year in nature and were initially outlined in the NAFTA Secretariat, anadian Section s Performance Report for the period ending March 31, 1997. The NAFTA Secretariat, anadian Section provides details as to it s performance accomplishments against these stated strategic priorities in the Performance Results section of this report (see details supra Performance Results, Section III. 2, a, ii, at page 15). The stated strategic priorities were: Implementation of a searchable (word and phrase) World Wide Internet Web Site to facilitate access to required information, including FTA and NAFTA decisions, by primary stakeholders (see details supra primary stakeholders sub-section 2. e, ii, at page 11) and other interested parties. Redesign of the NAFTA Secretariat Integrated Information Systems, which are essential to the efficient performance of the NAFTA Secretariat s mandated functions. These systems include the NAFTA Secretariat Registry Information System (completed 1997-98), the Motions and Orders Research Database and the Trilateral Financial System. Enhanced compatibility of information systems between national Sections will promote information sharing and result in improved productivity gains. This redesign will utilize current information technologies and will address Year 2000 concerns. Further, this strategic priority initiative is in line with the Federal Government s Blueprint for Renewing Government Services using Information Technology. In addition, due to the new responsibilities and enhanced mandate under the anada - Isräel and anada - hile Free Trade Agreements, the anadian Section also established the following strategic priorities: Assist with the start-up of the hilean national Section, for the administration of the dispute settlement provisions of the Agreement. The hilean national Section is required to be established pursuant to Article N.02 of the anada - hile Free Trade Agreement. The anadian Section has extended to the 7 Section II: Departmental Overview

hilean national Section an offer of professional support to assist that office with the development of procedures, the implementation of the registry function, the design of other information systems and the drafting of appropriate accounting procedures. Assist with the establishment of the designated Isräeli Agency, for the administration of the dispute settlement provisions of the Agreement. The Isräeli designated Agency is required to be created pursuant to Article 8.3 of the anada - Isräel Free Trade Agreement. Finally, it was anticipated that the (NAFTA) Free Trade ommission would create a North American Free Trade o-ordinating Secretariat in Mexico ity in 1997-98 fiscal year. Therefore, the NAFTA Secretariat enacted the following strategic priority: Establish liaison relationship to assist fulfilment of the oordinating Secretariat s mandate, in particular its role supporting the national Section s of the NAFTA Secretariat. e. Operating ontext In perspective In 1997, trilateral trade among the NAFTA partners, anada, United States and Mexico, was $685 billion. While anada s trading relationship with Mexico is relatively small, $8.1 billion in 1997, our trade relationship with the United States is the largest between any two countries in the world. With this volume of trade, disputes are inevitable. It is estimated that about 5% of the $454 billion in anada s trade with the United States is currently in dispute. There are three key aspects related to the operations and administration of all departments and agencies that must be taken into account when reporting on performance; resources, reach (stakeholders and clients), and results. The following is a report on the NAFTA Secretariat, anadian Section s operations and performance relating to each of these key areas: i. Resources: The anadian Government appropriated $2.180 million in the 1997-98 fiscal year for the administration of the dispute settlement systems under the NAFTA. The costs of administering individual panel proceedings have increased, due in part, to the increased complexity of panel reviews and costs related to third language requirements. However, to offset this increase in expenditure, the NAFTA NAFTA Secretariat, anadian Section 8

Secretariat, anadian Section instituted alternative service delivery mechanisms including co-delivery partnerships, which are outlined in Figure 6. Figure 4 - External Factors It is important to note the following external factors that influence these operational expenditures of the NAFTA Secretariat, anadian Section: the Secretariat has no ability to control the direct costs of panel reviews as they represent non-discretionary costs. Direct costs of panel reviews include remuneration of panelists and their assistants plus direct out-of-pocket expenditures (such as travel, accommodation, and meal allowances); the Secretariat has no ability to control the number of panels to be formed in any given year; and the Secretariat has no discretion to accept or refuse a request for panel review. Figure 5 - Efficiency and Affordability Regarding the efficiency and affordability of the NAFTA Secretariat, anadian Section operations, the anadian Government appropriated $2.180 million in the 1997-98 fiscal year for the administration of the dispute settlement systems under the NAFTA. This appropriation may be compared to the $23 billion which is estimated to be in dispute between anada and the United States. anadian Section resource level 1997-98 = $2,180,000 Estimated value of trade in dispute = $23,000,000,000 N.B. It is estimated that about 5% of anada s bilateral trade with the United States is currently under dispute. Statistical data for anada s bilateral trade under dispute with Mexico is currently unavailable. 9 Section II: Departmental Overview

Figure 6 - o-delivery Partners Shared Services Personnel services administered by another Department The NAFTA Secretariat, anadian Section negotiated a Memorandum of Understanding with the Tax ourt of anada for the provision of personnel services, including the processing of the pay and benefits for this Agency. Financial Information systems to be administered by another Department The NAFTA Secretariat, anadian Section, is in the process of finalizing an agreement with the Office of the Auditor General, for that department to provide the anadian Section with access to a Financial Information Strategy (FIS) compliant system. This agreement will allow the anadian Section to off-set system development costs associated with the introduction of accrual accounting under the FIS while complying with directives given by the omptroller General of anada EDP equipment to be shared with another Agency The NAFTA Secretariat, anadian Section, is in the process of finalizing an agreement with the ompetition Tribunal to share certain required EDP equipment and to provide training on a reciprocal basis ontracting-out Accounts payable services contracted-out The processing of the accounts payable was contracted out, resulting in the reassignment of one FTE to the registry unit, which is facing increasing service demands. o-location Hearing rooms borrowed facilities The anadian Section negotiated a co-location agreement with the ompetition Tribunal, which has excellent court room facilities located one floor below the anadian Section s offices. ost-recovery Panel decision publications cost recovery through anada ommunications Group The anada ommunications Group Inc. has been authorized to publish and distribute FTA and NAFTA panel decisions. This has enabled the government to recover the costs of printing and distributing these decisions and has enabled the anadian Section to reassign personnel within the Agency. NAFTA Secretariat, anadian Section 10

ii. Reach: The NAFTA Secretariat, anadian Section s Primary Stakeholders are: In general terms, the anadian Section s stakeholders include exporters and importers involved in trade related matters in the NAFTA countries and, as of 1997, in Isräel and hile, who wish to take advantage of and utilize the relevant trade disputesettlement processes. panelists and their assistants; NAFTA: S hapter 19 roster members S Extraordinary hallenge ommittee roster members S hapter 14 roster members (when appointed) S hapter 20 roster members (when appointed) S Free Trade ommission (NAFTA) and S representatives of the Parties (the Governments of anada, Mexico and the United States of America) anada - hile Free Trade Agreement: S hapter N roster members (when appointed) S Free Trade ommission (anada - hile) and S representatives of the Parties (the Governments of anada and hile); and anada - Isräel Free Trade Agreement: S hapter 8 roster members (when appointed) S Free Trade ommission (anada - Isräel), and S representatives of the Parties (the Governments of anada and Isräel). Other Stakeholders include: legal counsel who represent exporters and importers in the dispute settlement processes, particularly panel and committee reviews; government agencies (for example, in anada, Revenue anada, the ITT and DFAIT); university academics; the media; and the general public. 11 Section II: Departmental Overview

iii. Results: In 1994, in conjunction with the Treasury Board Secretariat, the anadian Section completed a comprehensive benchmark survey of its services and stakeholder satisfaction with them. The results were published in the anadian Section s Service Standards Survey Report dated February 1994. After reviewing the results, the anadian Section developed service standards and set performance targets for each aspect of these standards. The anadian Section provides a copy of its service standards to all primary stakeholders. In particular, the anadian Section distributes the services standards to panelists and panel assistants upon their appointment to a panel. Since the benchmark survey in 1994, the anadian Section has been monitoring the satisfaction with its services by requesting that primary stakeholders complete a monitoring questionnaire at the completion of each panel review. This on-going feedback enables the Section to evaluate its services on an on-going basis and to maintain its high service standards. In July 1998 an independent consulting firm prepared the 1997-98 performance monitoring report. This report consolidated the threeyear on-going monitoring exercise combined with the 1994 service standards survey (benchmark) results and compares them to results of other government entities. This was done to enable the NAFTA Secretariat, anadian Section to assess its performance over several years and to determine if changes are required in performance targets and/or specific aspects of the service standards. This report indicates that over a four year period, 97% of clients have stated that they are very satisfied (the highest possible rating), overall, with the operations of the anadian Section. More detailed results appear in the Performance Accomplishments Section of this report. NAFTA Secretariat, anadian Section 12

Stakeholders Feedback. (Sample comments*) The anadian Section of the NAFTA Secretariat is one of the most, if not the most, efficient and effective governmental bodies I have worked with. I am 62 years old. In my career I have worked in the private sector, the public (government) sector and the public interest non-profit academic sector. In none of these have I ever experienced the quality of administrative support services which could match the anadian Secretariat. It fully understands that its job is to effectuate the substantive work of NAFTA, to make it happen. It did that with an efficiency, professionalism, courtesy and friendliness the like of which I ve never seen before. Not only was each person a joy to work with, they worked best together as a team * opy of complete comments available upon request. 3. Business Line The NAFTA Secretariat, anadian Section has one business line which is identical to its program objective (see Program Objective infra Section II. 2, b, at page 5). 13 Section II: Departmental Overview

Section III: Departmental Performance 1. Performance Expectations a. Authorities Figure 7 - Authorities for 1997-98 Financial Requirements by Authorities Program Expenditures Employee Benefit Plans Total Departmental Planned Spending $2,063,000 $117,000 2,180,000 Total Authorities $2,063,000 117,000 2,180,000 Actual Expenditures $1,280,000 117,000 1,397,000 Explanation of hange: The reduction of 35% or $783,000 in the 1997-98 actual expenditures over the 1997-98 planned spending is due to the lower than anticipated proceedings filed under the NAFTA. b. Results ommitments The NAFTA Secretariat, anadian Section to provide anadians with: appropriate administration of the dispute settlement provisions of the North American Free Trade Agreement (NAFTA), the anada - Isräel Free Trade Agreement and the anada - hile Free Trade Agreement in a manner which ensures unbiased administrative processes, equity, security and fairness while providing quality services to be demonstrated by: stakeholder feedback; client satisfaction surveys; and public access to and provision of information including decisions, reports and statistics in accessible formats. 2. Performance Accomplishments a. Departmental Performance The departmental performance section of this report provides a perspective on the performance of the NAFTA Secretariat, anadian Section since 1994 and addresses 1997-98 departmental outputs. NAFTA Secretariat, anadian Section 14

i. Departmental Outputs From January 1, 1989 until March 31, 1998, a total of 85 FTA and NAFTA hapter 19 panel reviews (49 panel reviews under the FTA and 36 under the NAFTA) were filed with the Secretariat. Three Extraordinary hallenge ommittee (E) requests have been filed (all under the FTA). Additionally, five FTA hapter 18 and two NAFTA hapter 20 (formerly hapter 18 under the FTA) arbitral panel reviews have been filed with the Secretariat. Since the inception of the FTA, to March 31, 1998, 78 decisions and reports have been issued. In 1997-98 fiscal year, the NAFTA Secretariat administered 16 panel reviews under hapter 19 and one arbitral panel proceedings under hapter 20 of the NAFTA. Three hapter 19 panel decisions and one hapter 20 panel report were issued by the NAFTA Secretariat in this time period. ii. Stakeholders s Feedback By providing an unbiased and helpful environment, the Secretariat is critical in the smooth functioning of the panel process. The NAFTA Secretariat provides a model which should be followed by other administrative bodies. Performance Results In July 1998 an independent consulting firm prepared the 1997-98 performance monitoring report. This report, reviewed this agency s performance against 21 performance indicators. The1997-98 report consolidated the last three monitoring reports with the 1994 service standards (benchmark) survey. The highlights of this 1997-98 performance monitoring report indicate that: since 1994, 97% of clients are very satisfied (the highest possible rating), overall, with the anadian Section; since 1994, between 84% and 93% of clients fully believe (the highest possible rating) that the anadian Section has the appropriate support services in place to ensure that programs, systems and procedures developed for administering the dispute settlement process are accurate (87%), impartial (90%), responsive (90%), timely (88%), independent (93%) and accessible (84%); 93% of clients believe that the anadian Section is very important to the dispute settlement processes of the NAFTA; and 15 Section III: Departmental Performance

97% of panelists and assistants to panelists would want to serve again in that role. 90% would serve again because of their positive experience working with the anadian Section. Figure 8 - Summary of onsolidated Performance Results by Service Line - 1994-98 Performance ommitments: Performance Indicators: Actual Performance Results: the appropriate administration of the dispute settlement provisions of the North American Free Trade Agreement (NAFTA), the anada - Isräel Free Trade Agreement and the anada - hile Free Trade Agreement in a manner which ensures unbiased administrative processes, equity, security and fairness the appropriate administration of a court-like registry for the panel review process at a level comparable to other registries of superior courts of record in anada at least 75% 4 of stakeholders indicating that they are fully satisfied that the NAFTA Secretariat, anadian Section, administered the dispute settlements provisions of the Free Trade Agreements in a manner which ensures unbiased administrative processes, equity, security and fairness at least 75% of stakeholders indicating that they are very satisfied with all aspects of the administration of the NAFTA Secretariat s court-like registry 96% very satisfied that unbiased administrative processes provided 93% very satisfied that fair and equitable service policy in place 92% very satisfied with accessibility of the staff 97% of all clients are very satisfied, overall, with the NAFTA Secretariat, anadian Section between 78% and 97% of clients are very satisfied with all aspects of the administration of the dispute settlement proceedings 93% of clients believe that the anadian Section is very important to the dispute settlement processes of the NAFTA the ongoing development and the implementation of programs, systems and procedures which are relevant to clients, impartial, responsive, accessible, timely and independent at least 75% of stakeholders indicating that they are fully satisfied with the systems and procedures provided by the NAFTA Secretariat, anadian Section and that they are relevant, accurate, impartial, responsive, accessible, timely and independent between 84% and 90% of clients are very satisfied with the impartiality (90%), responsiveness (90%), accessibility (84%) and timeliness (88%) of the services 4 The 75% target was set based on a comprehensive benchmark survey conducted in 1994, adjusting for anticipated impacts on performance of increased responsibilities with decreasing resource levels. However, after a comprehensive review of the results of the last three-years monitoring reports and the 1994 Service Standards Survey (benchmark), Management has raised the stated performance indicators to 80% for future fiscal years. NAFTA Secretariat, anadian Section 16

Performance ommitments: Performance Indicators: Actual Performance Results: the required information and support to panels to ensure their work is accurate, impartial, responsive, accessible, timely and independent open and accountable management and administration of the NAFTA Secretariat, anadian Section improved overall effectiveness and efficiency through the use of new information technologies assist with the start-up of the designated Isräeli agency and the hilean national Section, for the administration of the dispute settlement provisions of the Agreements at least 75% of panelists and their assistants indicating that they are fully satisfied with the information and support provided to panels by the NAFTA Secretariat, anadian Section providing access to decisions, reports and statistical information prepared by this agency and by the reduction in expenditures in selected areas through progressive management initiatives facilitating greater access for the primary stakeholders through the establishment of a searchable (word and phrase) World Wide Web Internet Site implementation of an enhanced NAFTA Secretariat Integrated Information System, which includes redesign of the: - Registry Information System; - Motions and Orders Research Database; and - Trilateral Financial System. this system is being designed taking into account the Year 2000 issues establish a liaison relationship with the appropriate trade officials in Isräel and hile between 86% and 95% of clients are very satisfied with the support provided to panels. lients stated that the Secretariat provided accurate (94%) impartial (95%) and timely (88%) information to support the process and 86% of clients reported that they were very satisfied with the anadian Section s control and distribution of documents 8% cost reduction of the overall budget through co-delivery partnerships (including co-location, contracting-out, shared services and cost recovery) and improved information technologies the NAFTA Secretariat has developed a comprehensive trilingual World Wide Web Internet Site that is designed to provide its clients with required information including FTA and NAFTA decisions. To facilitate access to required information by primary stakeholders and other interested parties the World Wide Web Internet Site is now designed to be searchable by word and phrase. the NAFTA Secretariat has designed and implemented a revised, Year 2000 compliant, Article 1904 Registry Information Sub-System. This Sub- System is a major component of the NAFTA Secretariat Integrated Information System. This system is essential to the efficient performance of NAFTA mandated functions and further sub-systems including a financial component, are currently being programmed in 1997, the anadian Section s mandate was expanded to include administration of the dispute settlement process under hapter 8 of the anada-isräel Free Trade Agreement and under hapter N of the anada - hile Free Trade Agreement the anadian Section has held an initial meeting with the designated hilean official and is assisting with the creation of the hilean national Section. 17 Section III: Departmental Performance

Performance ommitments: Performance Indicators: Actual Performance Results: At this point in time, no discussions have taken place with Isräeli officials concerning the creation of the Isräeli Designated Agency establish a liaison relationship with NAFTA o-ordinating Secretariat assist with defining the mandate of the NAFTA o-ordinating Secretariat as regards it s role of supporting the national Sections of the NAFTA Secretariat the (NAFTA) Free Trade ommission has decided not to fund the creation of the NAFTA o-ordinating Secretariat at this time iii. Year 2000 Readiness In response to the Year 2000 issue, the NAFTA Secretariat, anadian Section has:! developed an action plan to ensure that all: S internal systems, S external systems (eg. entral Agencies), S off-the-shelf standard office software (eg. WordPerfect, Word, Excel, etc.), S work-stations and network operating systems, and S all hardware (eg. work-stations, file servers, etc.) meet Year 2000 requirements;! in concert with the other two national Sections established a joint project to convert and redesign the current NAFTA Secretariat Information Systems. The objectives of the redesigned system are: S to ensure that the NAFTA Secretariat Information Systems are Year 2000 compliant, and S to improve the systems performance by utilizing modern technologies (eg. Windows); and! implemented the first major component of the revised NAFTA Secretariat Integrated Information System (the Article 1904 registry sub-system) in all three national Sections. All other modules of this Integrated Information System are scheduled to be completed in 1999. NAFTA Secretariat, anadian Section 18

Section IV: Financial Performance Table 1 - Authorities for 1997-98 Financial Requirements by Authorities (thousands of dollars) Vote 1997-98 Planned Spending 1997-98 Total Authorities 1997-98 Actual NAFTA Secretariat, anadian Section 50 Program 2,063 2,063 1,280 (S) ontributions to Employee Benefit Plans (EBP) 117 117 117 Total 2,180 2,180 1,397 Explanation of hange: The reduction of 35% or $783,000 in the 1997-98 actual expenditures over the 1997-98 planned spending is due to the lower than anticipated proceedings filed under the NAFTA. 19 Section IV: Financial Performance

Table 2 - omparison of Total Planned Spending to Actual Spending for 1997-98 Departmental Planned Versus Actual Spending by Business Line (thousands of dollars) Program & Business Line FTE Operating apital Voted Grants & ontributions Subtotal: Gross Expenditures Statutory Grants & ontributions Total Gross Expenditures Less: Revenue redited to Vote Total Net Expenditures Nafta Secretariat, anadian Section (note 1) Planned 13 2,063 0 0 2,063 0 2,063 0 2,063 Total Authorities 13 2,063 0 0 2,063 0 2,063 0 2,063 Actual 9 1,280 0 0 1,280 0 1,280 0 1,280 Other Revenues and Expenditures Revenue redited to the onsolidated Revenue Fund (note 2) Planned (400) Total Authorities (400) Actual (279) ost of Services provided by other departments (note 3) Planned 172 Total Authorities 172 Actual 172 Net ost Of the Program Planned 1,835 Total Authorities 1,835 Actual 1,173 Note 1: Note 2: Note 3: Does not include contributions to employee benefit plans. Revenues from Other national Sections, credited directly to the onsolidated Revenue Fund. These costs include accommodations received free of charge from Public Works and Government Services anada (PWGS), employee benefits covering the employer s share of insurance premiums paid by the Treasury Board of anada, and the administration of pay processing system by PWGS. NAFTA Secretariat, anadian Section 20

Table 3 - Historical omparison of Total Planned to Actual Spending Historical omparison of Total Planned Spending to Actual Spending (thousands of dollars) excluding Employee Benefit Plans Business Line Actual 1995-96 Actual 1996-97 Planned 1997-98 Total Authorities 1997-98 Actual 1997-98 NAFTA Secretariat, anadian Section 1,625 1,415 2,063 2,063 1,280 Total 1,625 1,415 2,063 2,063 1,280 Tables 4-6 (Not applicable for the NAFTA Secretariat, anadian Section - See Endnotes) Table 7 - Revenues redited to the onsolidated Revenue Fund Revenues redited to the onsolidated Revenue Fund by Business Line (thousand of dollars) Business Line Actual 1995-96 Actual 1996-97 Planned 1997-98 Total Authorities 1997-98 Actual 1997-98 NAFTA Secretariat, anadian Section 324 433 400 400 279 Total Revenues redited to the RF 324 433 400 400 279 Tables 8-15 (Not applicable for the NAFTA Secretariat, anadian Section - See Endnotes) 21 Section IV: Financial Performance

Endnotes: The Treasury Board Secretariat has requested that the following Financial Tables be included in the Departmental Performance Report for the period ending March 31, 1998. However, these Financial Tables are not applicable to the NAFTA Secretariat, anadian Section. Table 4 - rosswalk between Old Structure and New Structure Table 5 - Resource Requirements by Organization and Business Line Table 6 - Revenues to the Vote Table 8 - Statutory Payments Table 9 - Transfer Payments Table 10 - apital Spending by Business Line Table 11 - apital Projects Table 12 - Status of Major rown Projects Table 13 - Loans, Investments and Advances Table 14 - Revolving Fund Financial Summaries Table 15 - ontingent Liabilities NAFTA Secretariat, anadian Section 22

Section V: Other Information ontact for Further Information NAFTA Secretariat, anadian Section Royal Bank entre Suite 705 90 Sparks Street Ottawa, Ontario K1P 5B4 Tel: (613) 992-9388 Fax: (613) 992-9392 Internet Web Site: http://www.nafta-sec-alena.org 23 Section V: Other Information