Canadian Human Rights Tribunal
Statement of Management Responsibility
Responsibility for the integrity and
objectivity of the accompanying financial statements for the year ended March
31, 2009 and all information contained in these statements rests with
departmental management. These financial
statements have been prepared by management in accordance with Treasury Board
accounting policies which are consistent with Canadian generally accepted
accounting principles for the public sector.
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 fulfil 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 to the Public Accounts of Canada and
included in the department's Departmental Performance Report is consistent with
these financial statements.
Management maintains a system of
financial management and internal control designed to provide reasonable
assurance that financial information is reliable, that assets are safeguarded
and that transactions are in accordance with the Financial Administration Act,
are executed in accordance with prescribed regulations, within Parliamentary
authorities, and are properly recorded to maintain accountability of Government
funds. Management also seeks to ensure
the objectivity and integrity of data in its financial statements by careful
selection, training and development of qualified staff, by organizational
arrangements that provide appropriate divisions of responsibility, and by
communication programs aimed at ensuring that regulations, policies, standards
and managerial authorities are understood throughout the department.
The financial statements of the
department have not been audited.
__________________
____________________
J. Grant Sinclair Gregory
M. Smith
Chairperson
Executive Director and Registrar
Statement of Operations (unaudited)
For the Year Ended
March 31
(in dollars)
|
|
|
2009 |
|
2008 |
|
Expenses |
|
|
|
|
|
Operating Expenses |
|
|
|
|
|
Salaries and employee benefits |
|
2,616,404 |
|
2,606,198 |
|
Rentals |
|
1,112,118 |
|
1,114,759 |
|
Professional services |
|
701,104 |
|
890,934 |
|
Transportation and telecommunications |
384,196 |
|
420,105 |
|
|
Amortization |
|
81,709 |
|
67,589 |
|
Communications |
|
60,598 |
|
26,855 |
|
Materials and supplies |
|
59,163 |
|
62,392 |
|
Repair and maintenance |
|
30,921 |
|
34,957 |
|
Miscellaneous |
|
12,269 |
|
13,990 |
|
Total Expenses |
|
5,058,482 |
|
5,237,779 |
|
|
|
|
|
|
|
Revenues |
|
|
|
|
|
Miscellaneous revenues |
|
696 |
|
1,829 |
|
Total Revenues |
|
696 |
|
1,829 |
|
|
|
|
|
|
|
Net Cost of
Operations |
|
5,057,786 |
|
5,235,950 |
|
|
|
|
|
|
|
|
|
|
|
|
The accompanying notes form an integral part of these financial
statements.
Statement of Financial Position on March 31 (unaudited)
(in dollars)
|
|
|
2009 |
|
2008 |
|
|
ASSETS |
|
|
|
|
|
|
Financial assets |
|
|
|
|
|
|
|
Accounts receivable and
advances (Note 4) |
76,241 |
|
51,634 |
|
|
|
Total financial assets |
76,241 |
|
51,634 |
|
|
|
|
|
|
|
|
|
Non-financial
assets |
|
|
|
|
|
|
|
Prepaid expenses |
15,010 |
|
14,000 |
|
|
|
Tangible capital assets (Note
6) |
183,133 |
|
150,770 |
|
|
|
Total non-financial assets |
198,143 |
|
164,770 |
|
|
|
|
|
|
|
|
|
TOTAL ASSETS |
274,384 |
|
216,404 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
LIABILITIES |
|
|
|
|
|
|
|
Accounts payable and accrued
liabilities (Note 5) |
428,450 |
|
337,267 |
|
|
|
Vacation pay and compensatory
leave |
87,116 |
|
69,007 |
|
|
|
Employee severance benefits
(Note 7b) |
507,192 |
|
450,284 |
|
|
TOTAL LIABILITIES |
1,022,758 |
|
856,558 |
|
|
|
|
|
|
|
|
|
|
EQUITY OF |
(748,374) |
|
(640,154) |
|
|
|
|
|
|
|
|
|
|
TOTAL LIABILITIES
AND EQUITY OF |
274,384 |
|
216,404 |
|
|
|
|
|
|
|
|
|
|
Contractual Obligations (Note
8) |
|
||||
|
|
|
|
|
|
|
|
|
|
||||
The accompanying notes form an integral part of these financial
statements.
Statement of Equity of
For the year
ended March 31
(in dollars)
|
|
|
|
|
|
|
|
2009 |
2008 |
|
Equity of |
|
|
|
(640,154) |
(734,214) |
|||
|
Net cost of operations |
|
|
|
|
(5,057,786) |
(5,235,950) |
||
|
Current year appropriations
used (Note 3) |
|
|
|
3,885,086 |
4,177,771 |
|||
|
Revenue not available for
spending |
|
|
|
(696) |
(1,829) |
|||
|
Refund of previous year
expenses |
|
|
|
(1,741) |
(10) |
|||
|
Change in net position in the
Consolidated Revenue Fund (Note 3) |
(66,577) |
43,899 |
||||||
|
Services received without
charge from other government departments |
|
|
||||||
|
and agencies (Note 9) |
|
|
|
|
1,133,494 |
1,110,179 |
||
|
Equity of |
|
|
|
(748,374) |
(640,154) |
|||
|
|
|
|
|
|
|
|
|
|
The accompanying notes form an integral part of these financial
statements.
Statement of Cash Flow (unaudited)
For the year ended March 31
(in dollars)
|
|
2009 |
|
2008 |
|
|
|
|
|
|
Operating
activities |
|
|
|
|
|
|
|
|
|
Net cost of operations |
5,057,786 |
|
5,235,950 |
|
Non-cash items: |
|
|
|
|
Amortization of capital assets |
(81,709) |
|
(67,589) |
|
Services provided without charge by
other |
|
|
|
|
government departments |
(1,133,494) |
|
(1,110,179) |
|
|
|
|
|
|
Variations in Statement of Financial
Position: |
|
|
|
|
Increase (decrease) in accounts
receivables and advances |
24,607 |
|
(1,837) |
|
Increase (decrease) in prepaid expenses |
1,010 |
|
- |
|
Increase (decrease) in liabilities |
(166,200) |
|
41,781 |
|
|
|
|
|
|
Cash used by operating
activities |
3,702,000 |
|
4,098,126 |
|
|
|
|
|
|
Capital investment
activities |
|
|
|
|
Acquisitions of tangible
capital assets |
114,072 |
|
121,705 |
|
|
|
|
|
|
Financing
Activities |
|
|
|
|
Net cash provided by Government
of Canada |
3,816,072 |
|
4,219,831 |
The accompanying notes and schedules form an integral part of these
Statements
Notes to the Financial Statements
(unaudited)
1. Authority and Objectives
The Canadian Human Rights Tribunal (the
Tribunal) is a quasi-judicial body created by Parliament under the Canadian Human Rights Act to inquire
into complaints of discrimination and to decide if particular practices have
contravened the Act. The Tribunal may only inquire into complaints
referred to it by the Canadian Human Rights Commission, usually after a full
investigation by the Commission. The
Commission resolves most cases without the Tribunal’s intervention. Cases referred to the Tribunal generally
involve complicated legal issues, new human rights issues, unexplored areas of
discrimination, or multifaceted evidentiary complaints that must be heard under
oath.
The
Tribunal's mandate also includes hearing matters under the Employment Equity
Act (EEA).
2. Summary of
Significant Accounting Policies
These
financial statements have been prepared in accordance with Treasury Board
accounting policies which are consistent with Canadian generally accepted
accounting principles for the public sector.
Significant accounting policies are as follows:
a)
Parliamentary
appropriations – The Canadian Human Rights Tribunal is
primarily financed by the Government of Canada through Parliamentary
appropriations. Appropriations provided to the Canadian Human Rights Tribunal
do not parallel financial reporting according to generally accepted accounting
principles since they are primarily based on cash flow requirements.
Consequently, items recognized in the statement of operations and the statement
of financial position are not necessarily the same as those provided through
appropriations from Parliament. Note 3 provides a high‑level
reconciliation between the bases of reporting.
b)
Net Cash
Provided by Government – The Canadian Human Rights Tribunal operates within the
Consolidated Revenue Fund (CRF), which is administered by the Receiver General
for
c)
Change in net
position in the Consolidated Revenue Fund is the difference between
the net cash provided by Government and appropriations used in a year,
excluding the amount of non respendable revenue recorded by the
department. It results from timing differences between when a transaction
affects appropriations and when it is processed through the CRF.
d)
Revenues – These are accounted for in the period in
which the underlying transaction or event occurred that gave rise to the
revenues. The majority of revenues are for fees
related to Access to Information Requests and for penalties levied against
participants in hearings.
e)
Expenses – Expenses are
recorded on the accrual basis:
·
Vacation
pay and compensatory leave are expensed as the
benefits accrue to employees under their respective terms of employment.
·
Services provided without charge by other
government departments for accommodation, the employer's contribution to the
health and dental insurance plans and legal services are recorded as operating
expenses at their estimated cost.
f)
Employee future
benefits
i.
Pension benefits: Eligible employees participate in the
Public Service Pension Plan, a multiemployer plan administered by the
Government of Canada. The Canadian Human Rights Tribunal’s contributions
to the Plan are charged to expenses in the year incurred and represent the
total departmental obligation to the Plan. Current legislation does not
require the department to make contributions for any actuarial deficiencies of
the Plan.
ii.
Severance
benefits: Employees are entitled to severance benefits under labour
contracts or conditions of employment. These benefits are accrued as
employees render the services necessary to earn them. 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.
g)
Accounts receivable and
advances are
stated at amounts expected to be ultimately realized; a provision has not been
made for receivables where recovery is considered uncertain since all
receivables are considered to be recoverable.
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. Amortization of tangible capital
assets is done on a straight-line basis over the estimated useful life of the
asset as follows:
|
Asset Class |
Amortization
period |
|
Machinery and equipment Informatics hardware & software |
5 to 10 years 10 years |
i)
Measurement uncertainty ––The preparation of these
financial statements in accordance with Treasury Board accounting policies
which are consistent with Canadian generally accepted accounting principles for
the public sector 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 severance 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
Appropriations
The Canadian Human Rights
Tribunal receives most of its funding through annual Parliamentary appropriations.
Items recognized in the statement of operations and the statement of financial
position in one year may be funded through Parliamentary appropriations in
prior, current or future years. Accordingly, the Canadian Human Rights
Tribunal 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 appropriations used:
|
|
2009 |
2008 |
|
|
|
(in dollars) |
||
|
Net cost of
operations |
5,057,786 |
5,235,950 |
|
|
Adjustments
for items affecting net cost of operations but not affecting appropriations |
|||
|
Add
(Less): |
Services
provided without charge |
(1,133,493) |
(1,110,179) |
|
Amortization
of tangible capital assets |
(81,709) |
(67,589) |
|
|
Variation
in vacation pay and compensatory leave |
(18,109) |
14,504 |
|
|
Variation
in employee severance benefits |
(56,908) |
(18,459) |
|
|
Add: |
Revenue
not available for spending |
696 |
1,829 |
|
Refund
of previous year expenses |
1,741 |
10 |
|
|
Adjustments
for items not affecting net cost of operations but affecting appropriations |
|||
|
Add: |
Acquisitions
of tangible capital assets |
114,072 |
121,705 |
|
Variation
in prepaid expenses |
1,010 |
0 |
|
|
Current year
appropriations used |
3,885,086 |
4,177,771 |
|
b) Appropriations provided and used
|
|
Appropriations Provided |
|
|
|
2009 |
2008 |
|
|
(in dollars) |
|
|
Vote
15 – Program expenditures |
4,334,277 |
4,102,548 |
|
Statutory
Amounts |
324,514 |
351,898 |
|
Less: |
|
|
|
Lapsed
appropriations: Operating |
(773,705) |
(276,675) |
|
Current year
appropriations used |
3,885,086 |
4,177,771 |
c) Reconciliation of net cash provided by Government to current
year appropriations used
|
|
2009 |
2008 |
|
|
|
(in dollars) |
||
|
Net
cash provided by Government |
3,816,072 |
4,219,831 |
|
|
Revenue
not available for spending |
696 |
1,829 |
|
|
Refund
of previous year expenses |
1,741 |
10 |
|
|
Change
in net position of the Consolidated Revenue Fund |
|||
|
|
Variation
in accounts receivable and advances |
(24,607) |
1,837 |
|
Variation
in accounts payable and accrued liabilities |
91,184 |
(45,736) |
|
|
|
66,577 |
(43,899) |
|
|
Current year
appropriations used |
3,885,086 |
4,177,771 |
|
4. Accounts
Receivable and Advances
The following table presents details of
accounts receivable and advances:
|
|
2009 |
|
2008 |
|
|
(in dollars) |
||
|
Receivables from other Federal
Government |
|
|
|
|
departments and agencies |
64,269 |
|
48,537 |
|
Receivables from external parties |
11,472 |
|
2,597 |
|
Employee Advances |
500 |
|
500 |
|
Total |
76,241 |
|
51,634 |
5. Accounts Payable and Accrued Liabilities
The following table presents details of
accounts payable and accrued liabilities:
|
|
2009 |
|
2008 |
|
|
(in dollars) |
||
|
Accounts payable to other
Federal Government |
|
|
|
|
departments and agencies |
120,913 |
|
111,670 |
|
Other accounts payable and accrued liabilities |
307,537 |
|
225,597 |
|
Total |
428,450 |
|
337,267 |
6.
Tangible Capital Assets
(in dollars)
|
|
Cost |
||||
|
Capital
asset class |
Opening balance |
Acquisitions |
Disposals and write-offs |
Closing balance |
|
|
Machinery
and equipment |
12,796 |
0 |
0 |
12,796 |
|
|
Furniture
and fixtures |
21,863 |
0 |
0 |
21,863 |
|
|
Informatics
hardware and software |
464,378 |
114,072 |
0 |
578,450 |
|
|
Total |
499,037 |
114,072 |
0 |
613,109 |
|
|
|
Accumulated amortization |
|||
|
Capital
asset class |
Opening Balance |
Amortization |
Disposals and write-offs |
Closing balance |
|
Machinery
and equipment |
(6,532) |
(1,302) |
0 |
(7,834) |
|
Furniture
and fixtures |
(15,323) |
(2,521) |
0 |
(17,844) |
|
Informatics
hardware and software |
(326,412) |
(77,886) |
0 |
(404,298) |
|
Total |
(348,267) |
(81,709) |
0 |
(429,976) |
|
Capital
asset class |
2009 Net book value |
2008 Net book value |
|
Machinery
and equipment |
4,962 |
6,264 |
|
Furniture
and fixtures |
4,019 |
6,540 |
|
Informatics
hardware and software |
174,152 |
137,966 |
|
Total |
183,133 |
150,770 |
Amortization
expense for the year ended March 31, 2009 is $81,709 (2008 - $67,589)
7. Employee Benefits
a) Pension benefits: Employees of the Canadian Human Rights
Tribunal participate in the Public Service Pension Plan, which is sponsored and
administered by the Government of Canada. 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 the department contribute to the cost of the Plan. The 2008-09
expense amounts to $234,299 ($256,531 in 2007-08), which represents approximately 2.0 times (2.1 in 2007-08) the
contributions by employees.
The department'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: The Canadian Human Rights
Tribunal provides severance benefits to its employees based on eligibility,
years of service and final salary. These severance benefits are not
pre-funded. Benefits will be paid from future appropriations.
Information about the severance benefits, measured as at March 31, is as follows:
|
|
2009 |
|
2008 |
|
|
(in dollars) |
||
|
Accrued
benefit obligation, beginning of year |
450,284 |
|
431,825 |
|
Expense
for the year |
57,715 |
|
53,560 |
|
Benefits
paid during the year |
(807) |
|
(35,101) |
|
Accrued
benefit obligation, end of year |
507,192 |
|
450,284 |
8. Contractual
Obligations
The nature of the Canadian
Human Rights Tribunal activities can result in some large multi-year contracts
and obligations whereby the department will be obligated to make future
payments when the services/goods are received. Significant contractual
obligations that can be reasonably estimated are summarized as follows:
|
|
2010 |
2011 |
2012 and thereafter |
|
|
|
Total (in dollars) |
|
||
|
Goods
and services |
133,641 |
5,532 |
3,252 |
142,425 |
||||||
|
|
|
|
|
|
|
|||||
9. Related party
transactions
The Canadian Human Rights
Tribunal is related as a result of common ownership to all Government of Canada
departments, agencies, and Crown corporations. The Canadian Human Rights
Tribunal enters into transactions with these entities in the normal course of
business and on normal trade terms. Also, during the year, the Canadian
Human Rights Tribunal received services which were obtained without charge from
other Government departments as presented below.
Services provided without charge:
During the year the Canadian Human Rights
Tribunal received without charge from other departments, accommodation and the
employer's contribution to the health and dental insurance plans. These
services without charge have been recognized in the Canadian Human Rights
Tribunal Statement of Operations as follows:
|
|
2009 |
2008 |
|
|
(in dollars) |
|
|
Accommodation |
959,822 |
962,962 |
|
Employer's
contribution to the health and dental insurance plans |
173,672 |
147,217 |
|
Total |
1,133,494 |
1,110,179 |
The Government has structured some of its
administrative activities for efficiency and cost-effectiveness purposes so
that one department performs these on behalf of all without charge. The
costs of these services, which include payroll and cheque issuance services
provided by Public Works and Government Services Canada are not included as an
expense in the Canadian Human Rights Tribunal’s Statement of Operations.