2011-2012 Departmental Financial Statements

Office of the Commissioner for Federal Judicial Affairs Canada
Statement of Management Responsibility

Responsibility for the integrity and objectivity of the accompanying financial statements for the year ended March 31, 2012, and all information contained in these statements rests with the management of the Office of the Commissioner for Federal Judicial Affairs Canada. These financial statements have been prepared by management using the Government’s accounting policies, which are based on Canadian public sector accounting standards.

Management is responsible for the integrity and objectivity of the information in these financial statements. Some of the information in the financial statements is based on management's best estimates and judgment, and gives due consideration to materiality. To fulfill its accounting and reporting responsibilities, management maintains a set of accounts that provides a centralized record of the department's financial transactions. Financial information submitted in the preparation of the Public Accounts of Canada, and included in the department's Departmental Performance Report, is consistent with these financial statements.

Management is also responsible for maintaining an effective system of internal control over financial reporting (ICFR) designed to provide reasonable assurance that financial information is reliable, that assets are safeguarded and that transactions are properly authorized and recorded in accordance with the Financial Administration Act and other applicable legislation, regulations, authorities and policies.

Management seeks to ensure the objectivity and integrity of data in its financial statements through careful selection, training and development of qualified staff; through organizational arrangements that provide appropriate divisions of responsibility; through communication programs aimed at ensuring that regulations, policies, standards, and managerial authorities are understood throughout the department and through conducting an annual risk-based assessment of the effectiveness of the system of ICFR.

The system of ICFR is designed to mitigate risks to a reasonable level based on an on-going process to identify key risks, to assess effectiveness of associated key controls, and to make any necessary adjustments.

The Office of the Commissioner for Federal Judicial Affairs Canada will be subject to periodic Core Control Audits performed by the Office of the Comptroller General and will use the results of such audits to adhere to the Treasury Board Policy on Internal Control.

The financial statements of the Office of the Commissioner for Federal Judicial Affairs Canada have not been audited.

(the original version was signed by)

William A. Brooks
Commissioner

Ottawa, Canada
September 10, 2012

(the original version was signed by)

Wayne Osborne
Chief Financial Officer

Ottawa, Canada
September 10, 2012

Financial Tables

Office of the Commissioner for Federal Judicial Affairs Canada
Statement of Financial Position (Unaudited)
As at March 31

(in dollars)
    2012 2011
Liabilities
  Accounts payable and accrued liabilities (Note 4) $ 1,801,912 $ 2,400,961
  Vacation pay and compensatory leave 308,472 309,169
  Judges' Supplementary Retirement
Benefits Account (Note 5)
176,414,877 166,966,191
  Employee future benefits (Note 6b) 604,911 1,171,287
Total Liabilities   179,130,172 170,847,608
 
Financial assets
  Due from Consolidated Revenue Fund 3,517,331 4,274,224
  Accounts receivable and advances (Note 7) 1,261,416 1,191,417
Total financial assets   4,778,747 5,465,641
 
Departmental net debt   174,351,425 165,381,967
 
Non-financial assets
  Prepaid expenses 236,625 410,858
  Tangible capital assets (Note 8) 196,148 279,900
Total non-financial assets 432,773 690,758
 
Departmental net
financial position
  $ 173,918,652 $ 164,691,209

The accompanying notes form an integral part of these financial statements.


Office of the Commissioner for Federal Judicial Affairs Canada
Statement of Operations and Departmental
Net Financial Position (Unaudited)
For the Year Ended March 31

(in dollars)
  2012
Planned
2012 2011
      Restated (Note 11)
Expenses
Payments Pursuant to the Judges’ Act $ 451,746,883 $ 459,992,645 $ 442,896,938
Federal Judicial Affairs 10,242,872 9,651,282 9,153,213
Canadian Judicial Council 2,099,523 2,246,799 1,992,620
Internal Services 918,751 920,190 913,050
Total expenses 465,008,029 472,810,916 454,955,821
Revenues
Payments Pursuant to the Judges' Act 13,866,254 13,627,964 13,373,817
Federal Judicial Affairs 175,000 209,409 206,848
Total revenues 14,041,254 13,837,373 13,580,665
 
Net cost of operations before government funding 450,966,775 458,973,543 441,375,156
 
Government funding
Net cash provided by Government 438,064,232 448,770,845 427,389,934
Change in due from Consolidated Revenue Fund (203,419) (756,893) 1,337,231
Services provided without charge by other government departments (Note 9a) 1,702,665 1,732,147 1,606,283
Net cost of operations after government funding 11,403,297 9,227,444 11,041,708
 
Departmental net financial position – Beginning of year 164,734,835 164,691,209 153,649,501
 
Departmental net financial position – End of year $ 176,138,132 $ 173,918,652 $ 164,691,209

Segmented information (Note 10).
The accompanying notes form an integral part of these financial statements.

Office of the Commissioner for Federal Judicial Affairs Canada
Statement of Change in Department Net Debt (Unaudited)
For the Year Ended March 31

(in dollars)
  2012 Planned 2012 2011
Net cost of operations after government funding $11,403,297 $9,227,444 $11,041,708
 
Change due to tangible capital assets
Acquisition of tangible capital assets 102,523 41,846 94,327
Amortization of tangible capital assets (93,138) (125,599) (93,138)
Proceeds from disposal of tangible capital assets - - 452
Total change due to tangible capital assets 9,385 (83,753) 1,641
 
Change due to prepaid expenses 65,344 (174,233) 264,354
 
Net increase (decrease) in departmental net debt 11,478,026 8,969,458 11,307,703
 
Departmental net debt – Beginning of year 165,178,562 165,381,967 154,074,264
 
Departmental net debt – End of year $ 176,656,588 $ 174,351,425 $ 165,381,967

The accompanying notes form an integral part of these financial statements.

Office of the Commissioner for Federal Judicial Affairs Canada
Statement of Cash Flows (Unaudited)
For the Year Ended March 31

(in dollars)
  2012 2011
Operating activities
Net cost of operations before government funding $ 458,973,543 $ 441,375,156
Non-cash items:
Amortization of tangible capital assets (Note 8) (125,599) (93,138)
Services provided without charge by other government departments (Note 9a) (1,732,147) (1,606,283)
Variations in Statement of Financial Position:
Increase (decrease) in accounts receivables and advances 69,999 (2,505,275)
Increase (decrease) in prepaid expenses (174,233) 264,354
Decrease (increase) in liabilities 599,049 (571,618)
Decrease (increase) in vacation pay and compensatory 697 14,184
Decrease (increase) in future employee benefits 566,376 162,832
Decrease (increase) in Judges' Supplementary Benefits Accounts (9,448,686) (9,744,605)
Cash used by operating activities 448,728,999 427,295,607
Capital investing activities
Acquisition of tangible capital assets (Note 8) 41,846 94,327
Net cash provided by Government of Canada $ 448,770,845 $ 427,389,934

The accompanying notes form an integral part of these financial statements.

Office of the Commissioner for Federal Judicial Affairs Canada
Notes to the Financial Statements (unaudited)
Year ended March 31, 2012

1. Authority and Objectives

The Office of the Commissioner for Federal Judicial Affairs (FJA) Canada was created in 1978 under the authority of the Judges Act to safeguard the independence of the Judiciary and to put federally appointed judges at arm’s length from the administration of the Department of Justice. It exists to promote better administration of justice and focuses its efforts on providing a sound support role to the federal judiciary.

It administers three distinct and separate components that are funded from three very distinct sources. Statutory funding is allocated for the judges’ salaries, allowances and annuities and surviving beneficiaries’ benefits. Vote authorities are provided in two separate votes to support the administrative activities of the Office of the Commissioner and the administrative activities of the Canadian Judicial Council.

The administration of the Office of the Commissioner is structured to reflect the distinctiveness of its role in supporting federal judicial activities. Under the Program Activity Architecture, the organization is broken down into three program activities: Payments Pursuant to the Judges Act; Canadian Judicial Council; and Federal Judicial Affairs (FJA).

These activities strive to meet our priorities of: developing organizational capacity; building a strong, integrated team; improving service delivery; enhancing communications; and managing information.

2. Summary of Significant Accounting Policies

These financial statements have been prepared using the Government’s accounting policies stated below, which are based on Canadian public sector accounting standards. The presentation and results using the stated accounting policies do not result in any significant differences from Canadian public sector accounting standards.

Significant accounting policies are as follows:

(a) Parliamentary authorities - FJA is financed by the Government of Canada through Parliamentary authorities. Financial reporting of authorities provided to FJA do not parallel financial reporting according to generally accepted accounting principles since authorities are primarily based on cash flow requirements. Consequently, items recognized in the Statement of Operations and Departmental Net Financial Position and in the Statement of Financial Position are not necessarily the same as those provided through authorities from Parliament. Note 3 provides a reconciliation between these bases of reporting. The planned results amounts in the Statement of Operations and Departmental Net Financial Position are the amounts reported in the future-oriented financial statements included in the 2011-12 Reports on Plans and Priorities.

(b) Net Cash Provided by Government - FJA operates within the Consolidated Revenue Fund (CRF), which is administered by the Receiver General for Canada. All cash received by FJA is deposited to the CRF and all cash disbursements made by departments are paid from the CRF. The net cash provided by the Government is the difference between all cash receipts and all cash disbursements including transactions between departments of the Government.

(c) Amounts due from/to the CRF are the result of timing differences at year-end between when a transaction affects authorities and when it is processed through the CRF. Amounts due from the CRF represent the net amount of cash that FJA is entitled to draw from the CRF without further authorities to discharge its liabilities.

(d) Revenues - Revenues are accounted for in the period in which the underlying transaction or event that gave rise to the revenue takes place.

(e) Expenses - Expenses are recorded on the accrual basis:

  • Vacation pay and compensatory leave are accrued as the benefits are earned by the employees under their respective terms of employment.

  • Services provided without charge by other government departments for accommodation and the employer’s contribution to the health and dental insurance plans are recorded as operating expenses at their estimated costs.

(f) Employee and federally appointed judges’ future benefits

  1. Pension benefits: Eligible employees participate in the Public Service Pension Plan (PSSA), a multiemployer pension plan administered by the Government. FJA’s contributions to the Plan are charged to expenses in the year incurred and represent the total departmental obligation to the Plan. FJA’s responsibility with regard to the Plan is limited to its contributions. Current legislation does not require FJA to make contributions for any actuarial deficiencies of the Plan.

  2. Severance benefits: Employees entitled to severance benefits under labour contracts or conditions of employment earn these benefits as services necessary to earn them are rendered. The obligation relating to the benefits earned by employees is calculated using information derived from the results of the actuarially determined liability for employee severance benefits for the Government as a whole.

  3. Federally appointed judges’ pension benefits: Eligible federally appointed judges and their survivors are entitled to fully indexed annuities providing that the judges meet minimum age and service requirements. The main benefits paid from this plan are recorded on a pay-as-you-go basis. They are included in the Statement of Operations and Departmental Net Financial Position as a component of salaries and benefits, and the judges’ contributions are credited to revenue. Contributions made by FJA and the judges pertaining to the portion of the plan that relates to indexation of benefits is recorded in a Supplementary Retirement Benefits Account, which is presented in the Statement of Financial Position. FJA’s contribution towards indexation is expensed at the time it is accrued in accordance with the Supplementary Retirement Benefits Act. The actuarial liability associated with the judges’ pension plan is recorded in the financial statements of the Government of Canada, the ultimate sponsor of the plan.

(g) Accounts and loans receivables are stated at the lower of cost and net recoverable value. A valuation allowance is record for receivables where recovery is considered uncertain.

(h) Tangible capital assets - All tangible capital assets and leasehold improvements having an initial cost of $5,000 or more are recorded at their acquisition cost. FJA does not capitalize intangibles, works of art, and historical treasures that have cultural, aesthetic or historical value, assets located on Indian Reserves and museum collections.

Amortization of tangible capital assets is done on a straight-line basis over the estimated useful life of the asset as follows:

Tangible capital assets
Asset Class Amortization Period
Machinery and Equipment 5 to 10 years
Furniture 10 years
Informatics Hardware 3 years
Software 3 years

(i) Measurement of uncertainty - The preparation of these financial statements requires management to make estimates and assumptions that affect the reported amounts of assets, liabilities, revenues, and expenses reported in the financial statements. At the time of preparation of these statements, management believes the estimates and assumptions to be reasonable. The most significant items where estimates are used are the liability for employee future benefits and the useful life of tangible capital assets. Actual results could significantly differ from those estimated. Management’s estimates are reviewed periodically and, as adjustments become necessary, they are recorded in the financial statements in the year they become known.

3. Parliamentary Authorities

FJA receives most of its funding through annual parliamentary authorities. Items recognized in the Statement of Operations and Departmental Net Financial Position and the Statement of Financial Position in one year may be funded through parliamentary authorities in prior, current or future years. Accordingly, FJA has different net results of operations for the year on a government funding basis than on an accrual accounting basis. The differences are reconciled in the following tables:

(a) Reconciliation of net cost of operations to current year authorities used (in dollars)

Reconciliation of net cost of operations to current year authorities used
(in dollars)
2012 2011
Net cost of operations before government funding 458,973,544 441,375,156

Adjustment for items affecting net cost of operations but not affecting authorities:

Services provided without charge by other government departments (Note 9a) (1,732,147) (1,606,283)
Decrease (increase) in employee future benefits 566,376 162,832
Amortization of tangible capital assets (Note 8) (125,599) (93,138)
Decrease (increase) in vacation pay and compensatory leave 697 14,184
Judges’ pension contributions 13,627,964 13,373,817
Refund of prior years’ expenditures 4,705 678
Total items affecting net cost of operations but not affecting authorities 12,341,996 11,852,090
Adjustments for items not affecting net cost of operations but affecting authorities:
Acquisitions of tangible capital assets 41,846 94,327
Proceeds from disposal of crown assets - 452
Decrease (increase) in prepaid expenses (174,233) 264,354
Total items not affecting net cost of operations but affecting authorities (132,387) 359,133
Current year authorities used 471,183,153 453,586,379

(b) Authorities provided and used

Authorities provided and used (in dollars)
2012 2011
Authorities provided:
  Vote 20 - Operating expenditures - FJA 9,346,666 8,599,759
  Vote 25 - Operating expenditures - CJC 1,754,600 1,703,166
  Statutory amounts 460,747,451 444,096,879
Less:
  Authorities available for future years - (452)
  Lapsed: Operating (665,564) (812,973)
Current year authorities used 471,183,153 453,586,379

4. Accounts payable and accrued liabilities

The following table presents details of FJA’s accounts payable and accrued liabilities:

Accounts payable and accrued liabilities (in dollars)
2012 2011
Accounts payable - Other government departments and agencies 249,790 188,305
Accounts payable - External parties 1,512,572 2,182,730
Total accounts payable 1,762,362 2,371,035
Accrued liabilities 39,550 29,926
Total accounts payable and accrued liabilities 1,801,912 2,400,961

 

5. Judges’ Supplementary Retirement Benefits Account

Judges’ Supplementary Retirement Benefits Account (in dollars)
2012 2011
Liability, beginning of year 166,966,191 157,221,586
Contributions 6,226,572 5,939,724
Interest 3,222,114 3,804,881
Liability, end of year 176,414,877 166,966,191

The pension plan for federally appointed judges provides fully indexed annuities to judges and to all eligible survivors providing they meet minimum age and service requirements. Unlike other pension plans, the judges’ plan lacks an explicit accrual rate for benefits. Instead the full benefit amount is generally payable when the member has completed 15 years of pensionable service and the total of the member’s age and years of service totals 80. Judges who elect Supernumerary Status or judges who qualify for retirement make required contributions of 1% of salary. All other judges make contributions of 7% of salary.

The main benefits from this plan are expensed on a pay-as-you-go basis. However, by virtue of the Supplementary Retirement Benefits Act, for the portion of the plan that relates to indexation of benefits, the 1% portion of salary contributed by the judges is recorded in a Supplementary Retirement Benefits Account, along with a matching contribution of 1% recorded by FJA. In addition, interest is accrued on the outstanding balance of the Account. The actuarial liability associated with the judges’ pension plan is recorded in the financial statements of the Government of Canada.

6. Employee future benefits

(a) Pension benefits

FJA’s employees participate in the Public Service Pension Plan, which is sponsored and administered by the Government. Pension benefits accrue up to a maximum period of 35 years at a rate of 2 percent per year of pensionable service, times the average of the best five consecutive years of earnings. The benefits are integrated with Canada/Québec Pension Plans’ benefits and they are indexed to inflation.

Both the employees and FJA contribute to the cost of the Plan. The 2011-12 expense amounts to $678,924 ($650,912 in 2010-11), which represents approximately 1.8 times (1.9 in 2010-11) the contributions by employees.

FJA’s responsibility with regard to the Plan is limited to its contributions. Actuarial surpluses or deficiencies are recognized in the financial statements of the Government of Canada, as the Plan’s sponsor.

(b) Severance benefits

FJA provides severance benefits to its employees based on eligibility, years of service and salary at termination of employment. These severance benefits are not pre-funded. Benefits will be paid from future authorities. Information about the severance benefits, measured as at March 31, is as follows:

As part of collective agreement negotiations with certain employee groups, and changes to conditions of employment for executives and certain non-represented employees, the accumulation of severance benefits under the employee severance pay program ceased for these employees commencing in 2012. Employees subject to these changes have been given the option to be immediately paid the full or partial value of benefits earned to date or collect the full or remaining value of benefits on termination from the public service. These changes have been reflected in the calculation of the outstanding severance benefit obligation.

Severance benefits (in dollars)
2012 2011
Accrued benefit obligation, beginning of year 1,171,287 1,334,119
Expense for the year 22,358 (162,832)
Benefits paid during the year (588,734) -
Accrued benefit obligation, end of year 604,911 1,171,287

7. Accounts receivable and advances

The following table presents details of FJA’s accounts receivable and advances:

Accounts receivable and advances (in dollars)
2012 2011
Receivables - Other government departments and agencies 122,837 256,401
Receivables - External parties 21,221 20,330
Advances 1,117,358 914,686
Total accounts receivable and advances 1,261,416 1,191,417

8. Tangible capital assets

View the Tangible Capital Assets Table

 

9. Related party transactions

FJA is related as a result of common ownership to all Government departments, agencies, and Crown Corporations. FJA enters into transactions with these entities in the normal course of business and on normal trade terms. During the year, FJA received common services which were obtained without charge from other Government departments as disclosed below.

(a) Common services provided without charge by other government departments

During the year, FJA received services without charge from certain common service organizations related to accommodation and the employer’s contribution to the health and dental insurance plans. These services provided without charge have been recorded in FJA’s Statement of Operations and Departmental Net Financial Position as follows:

Common services provided without charge by other government departments (in dollars)
2012 2011
Accommodation provided by Public Works and Government Services Canada 1,196,855 1,154,285
Contributions covering employer’s share of employees’ insurance premiums and costs paid by Treasury Board Secretariat 535,292 451,998
Total 1,732,147 1,606,283

The Government has centralized some of its administrative activities for efficiency, cost-effectiveness purposes and economic delivery of programs to the public. As a result the Government uses central agencies and common service organizations so that one department performs services for all other departments and agencies without charge. The costs of these services such as payroll and cheque issuance services provided by Public Works and Government Services Canada, and audit services provided by the Office of the Auditor general are not included in FJA’s Statement of Operations and Departmental Net Financial Position.

 

(b) Other transactions with related parties

Other transactions with related parties (in dollars)
2012 2011
Accounts receivable with other government departments and agencies (Note 7) 122,837 256,401
Accounts payable to other government departments and agencies (Note 4) 249,790 188,305
Expenses – Other Government departments and agencies 1,215,577 1,109,307
Revenues – Other Government departments and agencies 209,409 181,396

Expenses and revenues disclosed in (b) exclude common services provided without charge, which is already disclosed in (a).

10. Segmented information

Presentation by segment is based on FJA’s program activity architecture. The presentation by segment is based on the same accounting policies as described in the Summary of significant accounting policies in Note 2. The following table presents the expenses incurred and revenues generated for the main program activities, by major object of expenses and by major type of revenues. The segment results for the period are as follows:

Segmented information table

11. Accounting changes

During 2011, amendments were made to Treasury Board Accounting Standard 1.2––Departmental and Agency Financial Statements to improve financial reporting by government departments and agencies. The amendments are effective for financial reporting of fiscal years ending March 31, 2012, and later. The significant changes to the Department’s financial statements are described below. These changes have been applied retroactively, and comparative information for 2010-11 has been restated.

Net debt (calculated as liabilities less financial assets) is now presented in the Statement of Financial Position. Accompanying this change, the Department now presents a Statement of Change in Net Debt and no longer presents a Statement of Equity.

Revenue and related accounts receivable are now presented net of non-respendable amounts in the Statement of Operations and Departmental Net Financial Position and Statement of Financial Position. The effect of this change on FJA is minimal. FJA’s revenue and related accounts receivable do not include non-respendable amounts.

Government funding, as well as the credit related to services provided without charge by other government departments, are now recognized in the Statement of Operations and Departmental Net Financial Position below “Net cost of operations before government funding”. In previous years, the Department recognized these transactions directly in the Statement of Equity of Canada. The effect of this change was to decrease the net cost of operations after government funding by $430,333,448 for 2012 ($449,746,099 for 2011).

Statement of Operations and Departmental Net Financial Position:
(in dollars)
  2011 Effect of change 2011 Restated
Government funding:
Net cash provided by Government 0 427,389,934 427,389,934
Change in due from Consolidated Revenue Fund 0 1,337,231 1,337,231
Services provided without charge by other government departments 0 1,606,283 1,606,283