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Our Organizational Structure
Members
The Canadian Human Rights Tribunal is a small, permanent organization, comprising a full-time Chairperson and Vice-Chairperson and up to 13 full- or part-time members (see Figure 3). Under the statute, both the Chairperson and the Vice-Chairperson must have been members of the bar for more than 10 years.
To be eligible for appointment by the Governor-in-Council, all members of the Tribunal are required to have expertise in, and sensitivity to, human rights issues. In addition, members attend regular meetings for training and briefing sessions on such topics as decision-writing techniques, evidence and procedure, and in-depth analysis of human rights issues. Throughout their three- or five-year terms, all tribunal members are given opportunities for professional development. The level of expertise and skill of members is undoubtedly at the highest level it has been since the creation of the Tribunal in 1978.
Registry Operations
Administrative responsibility for the Tribunal rests with the Registry. It plans and arranges hearings, acts as liaison between the parties and tribunal members, and provides administrative support. The Registry is also accountable for the operating resources allocated to the Tribunal by Parliament.
Corporate, Financial, Legal and Information Technology Services
Tribunal and Registry operations are supported by Corporate Services, Financial Services, Legal Services and Information Technology (IT) Services.
Corporate Services provides support to the Tribunal in facilities management, communications, material management, procurement of goods and services, information management, security, reception and courier services. It also assists the Registrar's Office in the development, implementation and monitoring of government-wide initiatives.
Financial Services provides the Tribunal with accounting services, financial information and advice.
Legal Services provides the Tribunal with legal information, advice and representation.
The main priority of IT Services is to ensure that the Tribunal has the technology required to perform efficiently and effectively. The section advises Registry staff and members on the use of corporate systems and technology available internally and externally, and offers training. It also provides procurement and support services for all computer hardware, software and information technology services. IT Services is involved in implementing government initiatives, such as Government On-Line, and represents the Tribunal on the Electronic Filing Project Advisory Committee, a committee that includes government agencies involved in either court or administrative legal activities.
Human resources services are contracted out to the Department of Public Works and Government Services Canada.
Table 4. Comparison of Planned to Actual Spending (including Full-Time Equivalents)
|
2006-2007 |
|||||
($ millions) |
2004-2005 Actual |
2005-2006 Actual |
Main Estimates |
Planned Spending |
Total Authorities |
Total Actuals |
Public hearings under Canadian Human Rights Act |
4.2 |
3.8 |
4.3 |
4.3 |
4.6 |
4.6 |
Total |
4.2 |
3.8 |
4.3 |
4.3 |
4.6 |
4.6 |
Less: Non-Respendable revenue |
|
|
|
|
|
|
Plus: Cost of services received without charge |
1.1 |
1.2 |
1.2 |
1.2 |
1.2 |
1.2 |
Total Departmental Spending |
5.3 |
5.0 |
5.5 |
5.5 |
5.8 |
5.8 |
Full Time Equivalents |
26 |
26 |
|
|
|
26 |
Table 5. Resources by Program Activity (Millions of Dollars)
2006–2007 |
||||||||
|
Budgetary |
Plus: Non- |
Total |
|||||
Program Activity |
Operating |
Capital |
Grants and Contrib- |
Total: Gross Budgetary Expend- |
Less: Respendable Revenue |
Total: Net Budgetary Expend- |
Loans, Investments and Advances |
|
Public hearings under Canadian Human Rights Act |
|
|
|
|
|
|
|
|
Main Estimates |
4.3 |
|
|
4.3 |
|
4.3 |
|
4.3 |
Planned Spending |
4.3 |
|
|
4.3 |
|
4.3 |
|
4.3 |
Total Authorities |
4.6 |
|
|
4.6 |
|
4.6 |
|
4.6 |
Actual Spending |
4.6 |
|
|
4.6 |
|
4.6 |
|
4.6 |
Table 6. Voted and Statutory Items (Millions of Dollars)
|
2006-2007 |
||||
Vote or Statutory Item |
Truncated Vote or Statutory Wording |
Main Estimates |
Planned Spending |
Total Authorities |
Total Actuals |
15 |
Program expenditures |
3.9 |
3.9 |
4.2
|
4.2 |
(S) |
Contributions to employee benefit plans |
0.4 |
0.4 |
0.4 |
0.4 |
|
Total |
4.3 |
4.3 |
4.6 |
4.6 |
Table 7. Services Received Without Charge
($ millions) |
2006–07 Actual Spending |
Accommodation provided by Public Works and Government Services Canada |
1.0 |
Contributions covering employers' share of employees' insurance premiums and expenditures paid by Treasury Board of Canada Secretariat (excluding revolving funds). Employer's contribution to employees' insured benefits plans and associated expenditures paid by the Treasury Board Secretariat |
0.2 |
Salary and associated expenditures of legal services provided by the Department of Justice Canada |
0 |
Total 2006–2007 services received without charge |
1.2 |
Financial Statements are prepared in accordance with accrual accounting principles. The supplementary information presented in the financial tables in the Departmental Performance Report is not audited, rather prepared on a modified cash basis of accounting in order to be consistent with appropriations-based reporting. Note 3 of the financial statements reconciles these two accounting methods.
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, 2007 and all information contained in these statements rests with departmental management. These financial statements have been prepared by management in accordance with Treasury Board of Canada accounting policies, which are consistent with generally accepted Canadian 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 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 to the Public Accounts of Canada and included in the department's DPR 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; assets are safeguarded; and transactions, 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 |
Canadian Human Rights Tribunal
Statement of Operations (unaudited) for the year ended March 31
(in dollars)
|
2007 |
2006 |
|
Expenses |
|
|
|
Operating Expenses: |
|
|
|
|
Salaries and employee benefits |
2,564,490 |
2,616,790 |
|
Rentals |
1,320,641 |
1,120,483 |
|
Professional Services |
1,223,070 |
829,918 |
|
Transportation and Telecommunications |
452,578 |
268,546 |
|
Materials and Supplies |
68,982 |
85,731 |
|
Amortization |
51,545 |
38,413 |
|
Communications |
39,892 |
36,576 |
|
Repair and Maintenance |
25,469 |
15,250 |
|
Miscellaneous |
9,700 |
7,701 |
Total Expenses |
5,756,367 |
5,019,408 |
|
Revenues |
|
|
|
Other revenue |
25 |
230 |
|
Total Revenues |
25 |
230 |
|
Net Cost of Operations |
5,756,342 |
5,019,178 |
|
The accompanying notes form an integral part of these financial statements. |
Canadian Human Rights Tribunal
Statement of Financial Position (unaudited) at March 31
(in dollars)
|
2007 |
2006 |
|
Assets |
|
|
|
Financial assets |
|
|
|
|
Receivables from other Federal Government departments and agencies |
48,279 |
19,342 |
|
Receivables from external parties |
4,692 |
964 |
|
Employee Advances |
500 |
500 |
|
Total des actifs financiers |
53,471 |
20,806 |
Non-financial assets |
|
|
|
|
Prepaid expenses |
14,000 |
14,000 |
|
Tangible capital assets (Note 4) |
96,654 |
142,062 |
|
Total des actifs non financiers |
110,654 |
156,062 |
Total |
164,125 |
176,868 |
|
Liabilities |
|
|
|
|
Accounts payable to other Federal Government departments and agencies |
31,916 |
61,725 |
|
Other accounts payable and accrued liabilities |
351,087 |
210,722 |
|
Vacation pay and compensatory leave |
83,511 |
95,633 |
|
Employee severance benefits (Note 5b) |
431,825 |
431,825 |
|
Total |
898,339 |
799,905 |
Equity of Canada |
(734,214) |
(623,037) |
|
Total |
164 ,125 |
176,868 |
|
Contractual Obligations (Note 6) |
Canadian Human Rights Tribunal
Statement of Equity of Canada (unaudited) for the year ended March 31
(in dollars)
|
2007 |
2006 |
Equity of Canada, beginning of year |
(623,037) |
(656,263) |
Net cost of operations |
(5,756,342) |
(5,019,178) |
Current year appropriations used (Note 3) |
4,561,439 |
3,804,022 |
Revenue not available for spending |
(25) |
(125) |
Refund of previous year expenses |
(4,300) |
(6,305) |
Change in net position in the Consolidated Revenue Fund (Note 3) |
(77,891) |
89,466 |
Services received without charge from other government departments and agencies (Note 7) |
1,165,942 |
1,165,346 |
Equity of Canada, end of year |
(734,214) |
(623,037) |
The accompanying notes form an integral part of these financial statements. |
Canadian Human Rights Tribunal
Statement of Cash flow (unaudited) for the year ended March 31
(in dollars)
|
2007 |
2006 |
|
Operating activities |
|
||
|
Net cost of operations |
5,756,342 |
5 019,178 |
Non-cash items: |
|
|
|
|
Amortization of capital assets |
(51,545) |
(38,413) |
|
Services provided without charge by other government departments |
(1,165,942) |
(1,165,346) |
Variations in Statement of Financial Position: |
|
|
|
|
Increase (decrease) in accounts receivables and advances |
32,665 |
(114,346) |
|
Increase (decrease) in liabilities |
(98,434) |
109,453 |
Cash used by operating activities |
4,473,086 |
3,810,526 |
|
Capital investment activities |
|
|
|
Acquisitions of tangible capital assets |
6,137 |
76,532 |
|
Financing Activities |
|
|
|
Net cash provided by Government of Canada |
4,479,223 |
3,887,058 |
|
The accompanying notes and schedules form an integral part of these Statements |
Canadian Human Rights Tribunal
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 to inquire into complaints of discrimination and to decide if particular practices have contravened the Canadian Human Rights 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.
2. Summary of Significant Accounting Policies
These financial statements have been prepared in accordance with Treasury Board of Canada accounting policies which are consistent with generally accepted Canadian accounting principles for the public sector.
Significant accounting policies are as follows:
a) Parliamentary Appropriations – The 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 Tribunal operates within the Consolidated Revenue Fund (CRF), which is administered by the Receiver General for Canada. All cash received by the Tribunal is deposited to the CRF and all cash disbursements made by the Tribunal are paid from the CRF. The net cash provided by Government is the difference between all cash receipts and all cash disbursements including transactions between departments of the federal government.
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.
e) Expenses – Expenses are recorded on the accrual basis:
f) Employee Future Benefits
g) Accounts Receivable and Advances are stated at amounts expected to be ultimately realized; a provision is made 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. 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 |
5 to 10 years |
Furniture and fixtures |
10 years |
Informatics Hardware & Software |
3 years |
i) Measurement Uncertainty – The preparation of these financial statements in accordance with Treasury Board of Canada accounting policies which are consistent with generally accepted Canadian 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 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 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
|
2007 |
2006 |
|
Net cost of operations (in dollars) |
5,756,342 |
5,019,178 |
|
Adjustments for items affecting net cost of operations but not affecting appropriations |
|||
Add: |
Services provided without charge |
(1,165,942) |
(1,165,346) |
Amortization of tangible capital assets |
(51,545) |
(38,413) |
|
Vacation pay and compensatory leave |
12,122 |
(16,579) |
|
Employee severance benefits |
0 |
(77,885) |
|
Prepaid expenses |
(14,000) |
(14,000) |
|
Add: |
Other revenue |
25 |
230 |
Refund of previous year expenses |
4,300 |
6,305 |
|
Adjustments for items not affecting net cost of operations but affecting appropriations |
|
|
|
Add: |
Acquisitions of tangible capital assets |
6,137 |
76,532 |
Prepaid expenses |
14,000 |
14,000 |
|
Current year appropriations used |
4,561,439 |
3,804,022 |
b) Appropriations provided and used
|
Appropriations Provided |
|
|
2007 |
2006 |
|
(in dollars) |
|
Vote 15 – Program expenditures |
4,289,378 |
4,324,000 |
Statutory Amounts |
346,782 |
374,105 |
Less: |
|
|
Lapsed appropriations: Operating |
(74,721) |
(894,083) |
Current year appropriations used |
4,561,439 |
3,804,022 |
c) Reconciliation of net cash provided by Government to current year appropriations used
|
2007 |
2006 |
|
(in dollars) |
|
Net cash provided by Government |
4,479,223 |
3,887,058 |
Revenue not available for spending |
25 |
125 |
Refund of previous year expenses |
4,300 |
6,305 |
Change in net position of the Consolidated Revenue Fund |
||
Variation in accounts receivable and advances |
(32,665) |
114,346 |
Variation in accounts payable and accrued liabilities |
110,556 |
(203,917) |
Other adjustments |
0 |
105 |
|
77,891 |
(89,466) |
Current year appropriations used |
4,561,439 |
3,804,022 |
5. Employee Benefits
|
2007 |
2006 |
|
(in dollars) |
|
Accrued benefit obligation, beginning of year |
431,825 |
353,940 |
Expense for the year |
61,340 |
111,327 |
Benefits paid during the year |
(61,340) |
(33,442) |
Accrued benefit obligation, end of year |
431,825 |
431,825 |
6. Contractual Obligations
The nature of the 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:
|
2008 |
2009 and thereafter |
Total |
|
(in dollars) |
||
Goods and services |
118,462 |
8,620 |
127,082 |
7. Related party transactions
The Tribunal is related as a result of common ownership to all Government of Canada departments, agencies, and Crown corporations. The Tribunal enters into transactions with these entities in the normal course of business and on normal trade terms. Also, during the year, the Tribunal received services obtained without charge from other Government departments as presented in part (a).
a) Services provided without charge:
During the year the 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:
|
2007 |
2006 |
|
(in dollars) |
|
Accommodation |
1,020,000 |
1,005,332 |
Employer's contribution to the health and dental insurance plans |
145,942 |
160,014 |
Total |
1,165,942 |
1,165,346 |
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 the Department of Public Works and Government Services Canada are not included as an expense in the Canadian Human Rights Tribunal's Statement of Operations.
Response to Parliamentary Committees
No recommendations were received.
Response to the Auditor General including to the Commissioner of the Environment and Sustainable Development (CESD)
No recommendations were received.
External Audits or Evaluations
No external audits or evaluations were conducted.
Internal Audits or Evaluations
No internal audits or evaluations were conducted.
Travel Policies
Comparison to the TBS Special Travel Authorities
The Canadian Human Rights Tribunal follows the TBS Special Travel Authorities.
Comparison to the TBS Travel Directive, Rates and Allowances
The Canadian Human Rights Tribunal follows the TBS Travel Directive, Rates and Allowances.