2012-2013 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, 2013, and all information contained in these statements rests with the management of the Office of the Commissioner for Federal Judicial Affairs Canada (FJA). 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 FJA'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 Office of the Commissioner for Federal Judicial Affairs Canada 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.

In the interim, the Office of the Commissioner for Federal Judicial Affairs Canada has undertaken a risk-based assessment of the system of ICFR for the year ended March 31, 2013, in accordance with the Treasury Board Policy on Internal Control, and the results and action plan are summarized in the annex.

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
August 30, 2013

(the original version was signed by)

Nicole Sayed
Chief Financial Officer

Ottawa, Canada
August 30, 2013

Financial Tables

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

(in dollars)
    2013 2012
Liabilities
  Accounts payable and accrued liabilities (Note 4) $ 2,912,800 $ 1,801,912
  Vacation pay and compensatory leave 312,638 308,472
  Judges' Supplementary Retirement Benefits Account (Note 5) 185,085,805 176,414,877
  Employee future benefits (Note 6b) 456,505 604,911
Total Liabilities   188,767,748 179,130,172
 
Financial assets
  Due from Consolidated Revenue Fund 4,559,931 3,517,331
  Accounts receivable and advances (Note 7) 1,605,333 1,261,416
Total financial assets   6,165,264 4,778,747
 
Departmental net debt   182,602,484 174,351,425
 
Non-financial assets
  Prepaid expenses 528,097 236,625
  Tangible capital assets (Note 8) 149,559 196,148
Total non-financial assets 677,656 432,773
 
Departmental net financial position   $ 173,918,652 $ 173,918,652

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)
  2013
Planned Results
2013 2012
Expenses
Payments Pursuant to the Judges’ Act $ 465,205,819 $ 473,957,152 $ 459,992,645
Federal Judicial Affairs 9,037,000 9,691,331 9,651,282
Canadian Judicial Council 1,947,000 1,987,037 2,246,799
Internal Services 874,817 917,130 920,190
Total expenses 477,064,636 486,552,650 472,810,916
Revenues
Pension contribution credited to revenue 17,200,000 13,876,400 13,627,964
User charges 275,000 165,033 209,409
Total revenues 17,475,000 14,041,433 13,837,373
 
Net cost of operations before government funding 459,589,636 472,511,217 458,973,543
 
Government funding
Net cash provided by Government 448,208,000 461,783,515 448,770,845
Change in due from Consolidated Revenue Fund 16,000 1,042,600 (756,893)
Services provided without charge by other government departments (Note 9a) 1,707,107 1,678 927 1,732,147
Net cost of operations after government funding 9,658,529 8,006,175 9,227,444
 
Departmental net financial position – Beginning of year 173,998,106 173,918,652 164,691,209
 
Departmental net financial position – End of year $ 183,656,635 $ 181,924,828 $ 173,918,652

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)
  2013
Planned Results
2013 2012
Net cost of operations after government
funding
$9,658,688 $8,006,175 $9,227,444
 
Change due to tangible capital assets
Acquisition of tangible capital assets 50,000 61,363 41,846
Amortization of tangible capital assets (95,828) (107,951) (125,599)
Total change due to tangible capital assets (45,828) (46,588) (83,753)
 
Change due to prepaid expenses 26,000 291,472 (174,233)
 
Net increase (decrease) in departmental net debt 9,638,701 8,251,059 8,969,458
 
Departmental net debt – Beginning of year 174,465,449 174,351,425 165,381,967
 
Departmental net debt – End of year $ 184,104,150 $ 182,602,484 $ 174,351,425

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)
  2013 2012
Operating activities
Net cost of operations before government funding $ 472,511,217 $ 458,973,543
Non-cash items:
Amortization of tangible capital assets (Note 8) (107,951) (125,599)
Services provided without charge by other government departments (Note 9a) (1,678,927) (1,732,147)
Variations in Statement of Financial Position:
Increase (decrease) in accounts receivables and advances 343,916 69,999
Increase (decrease) in prepaid expenses 291,472 (174,233)
Decrease (increase) in liabilities (1,110,888) 599,049
Decrease (increase) in vacation pay and compensatory (4,166) 697
Decrease (increase) in future employee benefits 148,407 566,376
Decrease (increase) in Judges' Supplementary Benefits Accounts (8,670,928) (9,448,686)
Cash used by operating activities 461,722,152 448,728,999
Capital investing activities
Acquisition of tangible capital assets (Note 8) 61,363 41,846
Net cash provided by Government of Canada $ 461,783,515 $ 448,770,845

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 and in the Statement of Change in Net Debt are the amounts reported in the future-oriented financial statements included in the 2012-13 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 an 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 multi-employer 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. Actuarial surpluses or deficiencies are recognized in the financial statements of the Government of Canada, as the Plan's sponsor.

  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
Informatics Hardware 3 years
Software 3 years
Furniture 10 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, 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)
2013 2012
Net cost of operations before government funding 472,511,217 458,973,544
Adjustment for items affecting net cost of operations but not affecting authorities:
Services provided without charge by other government
departments (Note 9a)
(1,678,927) (1,732,147)
Decrease (increase) in employee future benefits 148,407 566,376
Amortization of tangible capital assets (Note 8) (107,951) (125,599)
Decrease (increase) in vacation pay and compensatory leave (4,166) 697
Judges’ pension contributions 13,876,400 13,627,964
Refund of prior years’ expenditures 4,785 4,705
Total items affecting net cost of operations
but not affecting authorities
12,238,548 12,341,996
Adjustments for items not affecting net cost of operations but affecting authorities:
Acquisitions of tangible capital assets 61,363 41,846
Decrease (increase) in prepaid expenses 291,472 (174,233)
Total items not affecting net cost of operations
but affecting authorities
352,835 (132,387)
Current year authorities used 485,102,600 471,183,153

(b) Authorities provided and used

Authorities provided and used (in dollars)
2013 2012
Authorities provided:
  Vote 20 - Operating expenditures - FJA 8,942,753 9,346,666
  Vote 25 - Operating expenditures - CJC 1,589,923 1,754,600
  Statutory amounts 475,115,523 460,747,451
Less:
  Lapsed: Operating (545,599) (665,564)
Current year authorities used 485,102,600 471,183,153

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)
2013 2012
Accounts payable - Other government departments and agencies 166,888 249,790
Accounts payable - External parties 2,714,412 1,512,572
Total accounts payable 2,881,300 1,762,362
Accrued liabilities 31,500 39,550
Total accounts payable and accrued liabilities 2,912,800 1,801,912

 

5. Judges’ Supplementary Retirement Benefits Account

Judges’ Supplementary Retirement Benefits Account (in dollars)
2013 2012
Liability, beginning of year 176,414,877 166,966,191
Contributions 6,335,552 6,226,572
Interest 2,335,376 3,222,114
Liability, end of year 185,085,805 176,414,877

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 2012-13 expense amounts to $641,388 ($678,924 in 2011-12), which represents approximately 1.7 times (1.8 in 2011-12) 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)
2013 2012
Accrued benefit obligation, beginning of year 604,911 1,171,287
Expense for the year - 22,358
Benefits paid during the year (148,406) (588,734)
Accrued benefit obligation, end of year 465,505 604,911

7. Accounts receivable and advances

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

Accounts receivable and advances (in dollars)
2013 2012
Receivables - Other government departments and agencies 1,057,482 122,837
Receivables - External parties 18,345 21,221
Advances 529,506 1,117,358
Total accounts receivable and advances 1,605,333 1,261,416

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 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)
2013 2012
Accommodation 1,228,486 1,196,855
Employer's contribution to health and dental insurance plans 450,441 535,292
Total 1,678,927 1,732,147

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)
2013 2012
Accounts receivable with other government departments and agencies (Note 7) 1,057,482 122,837
Accounts payable to other government departments and agencies (Note 4) 166,888 249,790
Expenses – Other Government departments and agencies 1,082,126 1,215,577
Revenues – Other Government departments and agencies 160,248 209,409

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

Annex to the Statement of Management Responsibility
Including Internal Control Over Financial Reporting
for Fiscal Year 2012-2013 (unaudited)

  1. Introduction

    In support of an effective system of internal control, the Office of the Commissioner for Federal Judicial Affairs Canada (FJA) annually assesses the performance of its financial controls to ensure that:

    • financial arrangements or contracts are entered into only when sufficient funding is available;
    • payments for goods and services are made only when the goods or services are received or the conditions of contracts or other arrangements have been satisfied; and
    • payments have been properly authorized.

    Over time, this includes assessment of the design and operating effectiveness of the system of ICFR which will ensure the ongoing monitoring and continuous improvement of its departmental system of ICFR.

    Design effectiveness testing (DET) ensures that key control points are identified, documented and in place, and that they are aligned with the risks they aim to mitigate, and that any required remediation is addressed in a timely manner.

    Operating effectiveness testing (OET) means that the application of key controls has been tested over a defined period and that any required remediation is addressed in a timely manner.

  2. Assessment results during fiscal year 2012-2013
    1. Design effectiveness of key controls

      FJA has conducted in-depth design effectiveness testing on the following: Entity Level Controls (ELCs), Salary Administration in pursuant to the Judges' Act, and Pension Administration in pursuant to the Judges' Act. FJA identified those controls that were effectively designed and those that required improvement, and have begun implementation of the corrections which will continue into 2013-14.

    2. Operating effectiveness of key controls

      FJA has conducted in-depth operating effectiveness testing on the following: Entity Level Controls (ELCs), Salary Administration in pursuant to the Judges' Act, and Pension Administration in pursuant to the Judges' Act. As with the DET, FJA identified those controls that were effectively designed and those that required improvement, and have began implementation of the corrections which will continue into 2013-14.

  3. Action Plan for future years

    Efforts in fiscal year 2012-13 focused on areas where the materiality threshold is significant. In the next fiscal year 2013-14, FJA plans to review the design and operating effectiveness of the following:

    • Judges' Supplementary Retirement Benefit Account (SRBA)
    • Expense claims processing pursuant to the Judges' Act
    • Government Acquisition Cards
    • Managing the delegation of Financial Signing Authorities

    For the fiscal year 2014-15, FJA plans to review the design and operating effectiveness of the following:

    • Procure to Payment
    • Revenues to Receivables
    • Information Technology General Controls
    • Planning and Budgeting

    For the fiscal year 2015-16, FJA plans to review the design and operating effectiveness of the following:

    • Salary Administration of FJA employees
    • Accommodations
    • Capital Acquisitions
    • Interdepartmental Settlements