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2010-11
Departmental Performance Report



Office of the Superintendent of Financial Institutions






Supplementary Information (Tables)






Table of Contents




Sources of Respendable and Non-Respendable Revenue

This table identifies revenues by program activity received from sources both internal and external to the government. For 2010-2011, OSFI’s total revenues were $90.2 million, excluding non-respendable revenue of $0.2 million for the collection of Late and Erroneous Filing Penalties. The respendable revenues are largely comprised of asset- or premium-based industry assessments, surcharge assessments to staged institutions, and user fees for specific services related to Regulatory Approvals.

Respendable Revenue

The table below illustrates sources of Respendable Revenue on a modified cash basis; however, OSFI recovers its costs through assessments and user fees billed on the accrual basis of accounting. The differences between the accounting methodologies give rise to fluctuations in revenues from year to year.

Commencing in the 2009-2010 Estimates cycle, the resources for the Internal Services program activity are displayed separately from other program activities; they are no longer distributed among the remaining program activities. Comparative figures for 2008-2009 have been restated to conform to the presentation adopted in 2009-2010. 

As OSFI must fully recover its costs for all programs other than the Office of the Chief Actuary, which is partially funded by a parliamentary appropriation, respendable revenues in the Main Estimates were allocated to each program, including Internal Services, to match revenues to costs and plan spending at zero on a modified cash basis. When actual revenues are billed and received, an estimate is made to allocate a portion of this revenue to Internal Services. The difference in methodologies used to plan versus record actuals accounts for some of the variances between the Main Estimates and actual revenues in each of the program activities; as such, OSFI will continue to refine its methodology for allocating actual revenues between program activities during 2011-2012.

Respendable Revenues
($ millions)
Program Activity

Actual
2008-2009

Actual
2009-2010
2010-2011
Main
Estimates
Planned
Revenue
Total
Authorities
Actual
 (1) Regulation and Supervision of Federally Regulated Financial Institutions
Base Assessments $0.0 $0.0 $51.0 $51.0 $51.0 $43.8
User Fees and Charges $0.9 $0.6 $3.4 $3.4 $3.4 $0.5
Cost-Recovered Services $0.8 $0.5 $0.2 $0.2 $0.2 $0.2
Subtotal $1.7 $1.1 $54.6 $54.6 $54.6 $44.5
 (2) Regulation and Supervision of Federally Regulated Private Pension Plans 
Pension Plan Fees $8.2 $8.5 $5.3 $5.3 $5.3 $7.7
(3) International Assistance
Cost-Recovered Services $1.6 $1.7 $1.7 $1.7 $1.7 $0.5
(4) Actuarial Valuation and Advisory Services
User Fees and Charges $0.1 $0.0 $0.1 $0.1 $0.1 $0.1
Cost-Recovered Services $4.7 $5.3 $3.3 $3.3 $3.3 $4.2
Subtotal $4.8 $5.3 $3.4 $3.4 $3.4 $4.3
(5) Internal Services
Base Assessments $81.7 $90.5 $39.1 $39.1 $39.1 $27.9
Pension Plan Fees $0.0 $0.0 $1.5 $1.5 $1.5 $0.0
User Fees and Charges $1.6 $2.9 $0.0 $0.0 $0.0 $4.6
Cost-Recovered Services $0.5 $1.1 $2.8 $2.8 $2.8 $0.6
Subtotal $83.8 $94.5 $43.4 $43.4 $43.4 $33.1
Total Respendable Revenue $100.1  $111.1 $108.3  $108.3  $108.3  $90.1

The decrease in respendable revenues in 2010-2011 from the previous year is explained in the “Summary of Performance” and “Expenditure Profile” sections of this report. In addition, on the modified cash basis of accounting, OSFI had a lower inflow of funds than outflows than planned during 2010-2011. This is largely the result of higher accounts receivables driven by the later than usual billing of interim base assessments to the Life and Property & Casualty (P&C) industries for the current year, which explains the variances between 2010-2011 actuals and total authorities.

Respendable Revenues By Type

[text version]

Total 2010-2011 respendable revenues were $90.1 million, a decrease of $21.0 million  (18.9%) over the previous year’s total of $111.1 million. Base assessments of $71.8 million accounted for 79.6% of total revenue and represented a decrease of $18.8 million (20.8%) from the previous year. This decrease is attributed to the later than usual billing of assessments to the Life and P&C industries resulting in a significant increase in accounts receivable at as March 31, 2011.

Respendable Revenues 2006-2007 to 2010-2011

[text version]

Cost recovered services revenue was $5.6 million, down $3.0 million (34.9%) from the previous year, largely due to the termination of the Memorandum of Understanding (MOU) with the Canadian International Development Agency (CIDA) as a result of the cessation of OSFI’s International Assistance program activity in the first quarter of 2010-2011.  User fees and charges were $5.1 million, up $1.6 million (45.7%) from the previous year while pension plan fees decreased by $0.8 million (9.4%) to $7.7 million. This was driven mainly by a decrease in the pension fee rate to $22 per member in 2010-2011 from $24 per member in the previous year.

Base assessments increased from 76.3% of total revenue in 2006-2007 to 79.6% in 2010-2011, while pension plan fees increased from 6.7% to 8.6% and User fees and charges increased from 4.7% to 5.7%. Cost recovered services decreased over the same period from 12.3% to 6.2% largely due to the expiry, on October 31, 2007, of the MOU with the large banks for the implementation of the internal ratings-based approach (IRB) of the New Capital Adequacy Framework (Basel II) and the expiry of the CIDA MOU noted above.

Non-Respendable Revenue

OSFI’s non-respendable revenues are entirely related to late and erroneous filing penalties. Effective 2002-2003, OSFI began collecting late and erroneous filing penalties from financial institutions that submit late and/or erroneous financial and corporate returns. On August 31, 2005 the Administrative Monetary Penalties (OSFI) Regulations came into force. These Regulations implement an administrative monetary penalties regime pursuant to which the Superintendent can impose penalties in respect of specific violations, as designated in the schedule to the Regulations. These Regulations incorporate the late and erroneous filing penalty regime and replace the Filing Penalties (OSFI) Regulations. These penalties are billed quarterly, collected and remitted to the Consolidated Revenue Fund. By regulation, OSFI cannot use these funds to reduce the amount that it assesses the industry in respect of its operating costs.

Non-Respendable Revenues
($ millions)
Program Activity Actual
2008-2009
Actual
2009-2010
2010-2011
Planned
Revenue
Actual
 1) Regulation and Supervision of Federally Regulated Financial Institutions
Late and Erroneous Filing Penalties (LEFP) $0.5 $0.0 $0.7 $0.2
Total Respendable Revenue $0.5 $0.0 $0.7 $0.2

The 2010-2011 Filing Penalty revenues of $0.2 million were lower than planned due to more timely and accurate filing of financial and corporate returns by financial institutions.



User Fees Reporting

Table A: User Fees

User Fee: Superintendent Non-deemed Approvals Except Deposit and Trust Agreements and Letters of Credit

S1-21 Approval to maintain a representative office of a foreign bank
S1-40 Reservation of a name
S2-02 Accreditation of a provincial reinsurer

Fee Type: Regulatory (R)

Fee-setting Authority: OSFI Act

Date Last Modified: April 28, 2006

Performance Standards1: 90% will be processed in less than 60 calendar days of receipt

Performance Results1: 95% were processed in less than 60 calendar days of receipt


2010-2011 ($ thousands) Planning Years ($ thousands)
Forecast Revenue Actual Revenue Full Cost Fiscal Year Forecast Revenue Estimated Full Cost
46 27 27 2011-12 34 34
2012-13 34 34
2013-14 34 34

User Fee: Ministerial Approvals

S1-01 Letters patent of incorporation
S1-02 Letters patent of continuance
S1-03 Order permitting a foreign bank to carry on banking business in Canada
S1-04 Order approving the insuring in Canada of risks by a foreign body corporate
S1-14 Exemption from material banking group status
S1-15 Approval for a foreign bank or entity associated with a foreign bank to have a financial establishment in Canada
S1-16 Approval for a foreign bank or entity associated with a foreign bank in respect of investments and activities in Canada

Fee Type: R

Fee-setting Authority: OSFI Act

Date Last Modified: April 28, 2006

Performance Standards1: 80% will be processed in less than 90 calendar days of receipt

Performance Results1: 98% were processed in less than 90 calendar days of receipt


2010-11 ($ thousands) Planning Years ($ thousands)
Forecast Revenue Actual Revenue Full Cost Fiscal Year Forecast Revenue Estimated Full Cost
845 328 328 2011-12 634 634
2012-13 634 634
2013-14 634 634

User Fee: Precedents / Rulings / Interpretations

S2-01 Written, precedent-setting ruling relating to the quality of capital
S2-03 Written interpretation of Acts, regulations, guidelines or rulings

Fee Type: R

Fee-setting Authority: OSFI Act

Date Last Modified: August 13, 2003

Performance Standards1: 80% will be processed in less than 180 calendar days of receipt

Performance Results1: 100% were processed in less than 180 calendar days of receipt


2010-11 ($ thousands) Planning Years ($ thousands)
Forecast Revenue Actual Revenue Full Cost Fiscal Year Forecast Revenue Estimated Full Cost
18 25 25 2011-12 18 18
2012-13 18 18
2013-14 18 18

User Fee: Non-precedential Confirmations of Quality of Capital

S2-04 Written, non-precedent-setting confirmation of quality of capital

Fee Type: R

Fee-setting Authority: OSFI Act

Date Last Modified: August 13, 2003

Performance Standards1: 90% will be processed in less than 60 calendar days of receipt

Performance Results1: 100% were processed in less than 60 calendar days of receipt


2010-11 ($ thousands) Planning Years ($ thousands)
Forecast Revenue Actual Revenue Full Cost Fiscal Year Forecast Revenue Estimated Full Cost
166 152 152 2011-12 160 160
2012-13 160 160
2013-14 160 160

User Fee: Copies of Corporate Documents and Certificates of Confirmation

S2-10 Copies of any one of the following corporate documents (per request and per body corporate): (a) a certificate of confirmation; (b) a certified copy of letters patent or of incorporation or amalgamation documents; and (c) the corporate history of a body corporate

Fee Type: Other Products and Services (O)

Fee-setting Authority: OSFI Act

Date Last Modified: August 13, 2003

Performance Standards1: 90% will be processed within 2 business days of receipt

Performance Results1: 100% were processed within 2 business days of receipt


2010-11 ($ thousands) Planning Years ($ thousands)
Forecast Revenue Actual Revenue Full Cost Fiscal Year Forecast Revenue Estimated Full Cost
74 102 102 2011-12 74 74
2012-13 74 74
2013-14 74 74

User Fee: Access to Information User Fees

Fees charged for processing access requests filed under the Access to Information Act

Fee Type: O

Fee-setting Authority: Access to Information Act

Date Last Modified: 1992

Performance Standards1: Response provided within 30 days following receipt of request; the response time may be extended pursuant to section 9 of the Access to Information Act. Notice of extension to be sent within 30 days after receipt of request. The Actprovides more details: http://laws-lois.justice.gc.ca/eng/acts/A-1/index.html.

Performance Results1: Statutory deadline of 30 days met 100% of the time


2010-11 ($ thousands) Planning Years ($ thousands)
Forecast Revenue Actual Revenue Full Cost Fiscal Year Forecast Revenue Estimated Full Cost
4 1 245 2011-12 4 252
2012-13 4 260
2013-14 4 268

Other Information:

In July 2000, the Canada Customs and Revenue Agency ruled that most of the service charges are exempted from GST under the Excise Tax Act.

A fee is either identified as “Regulatory” (R) or “Other Products and Services” (O).  A Regulatory fee relates to an activity undertaken by a department that is integral to the effectiveness of a program and successful achievement of the program mandate requires moderating, directing, testing, or approving the actions of external parties. 

The full cost is based on the fiscal year salary levels according to collective agreements, the fiscal year Treasury Board benefit factors and OSFI’S factor for indirect costs.

1Note: According to prevailing legal opinion, where the corresponding fee introduction or most recent modification occurred prior to March 31, 2004:

  • the performance standard, if provided, may not have received parliamentary review; and
  • the performance standard, if provided, may not respect all establishment requirements under the User Fee Act (e.g. international comparison; independent complaint address); and
  • the performance result, if provided, is not legally subject to section 5.1 of the UFA regarding fee reductions for unachieved performance service standards may not have received parliamentary review.

Table B: User Fees Totals

2010-11 ($ thousands) Planning Years ($ thousands)
Forecast Revenue Actual Revenue Full Cost Fiscal Year Forecast Revenue Estimated Full Cost
Sub-Total (R) 1,075 532 532 2011-12 846 846
2012-13 846 846
2013-14 846 846
Sub-Total (O) 78 103 347 2011-12 78 326
2012-13 78 334
2013-14 78 342
Total 1,153 635 879 2011-12 924 1,172
2012-13 924 1,180
2013-14 924 1,188

 

Table C - External Fees

Superintendent Non-deemed Approvals Except Deposit and Trust Agreements and Letters of Credit
External Fee Service Standard2 Performance Results3 Stakeholder Consultation
  1. Approval to maintain a representative office of a foreign bank
  2. Reservation of a name
  3. Accreditation of a provincial reinsurer
90% will be processed in less than 60 calendar days of receipt 95% were processed in less than 60 calendar days of receipt

Although the number of approvals subject to a Regulatory fee represents 25% of the total approvals processed in 2010-2011, OSFI applies these standards to all application for regulatory approvals in order to provide a better quality of service.4

 

Ministerial Approvals
External Fee Service Standard2 Performance Results3 Stakeholder Consultation
  1. Letters patent of incorporation
  2. Letters patent of continuance
  3. Order permitting a foreign bank to carry on banking business in Canada
  4. Order approving the insuring in Canada of risks by a foreign body corporate
  5. Exemption from material banking group status
  6. Approval for a foreign bank or entity associated with a foreign bank to have a financial establishment in Canada
  7. Approval for a foreign bank or entity associated with a foreign bank in respect of investments and activities in Canada
80% will be processed in less than 90 calendar days of receipt 98% were processed in less than 90 calendar days of receipt

Although the number of approvals subject to a Regulatory fee represents 25% of the total approvals processed in 2010-2011, OSFI applies these standards to all application for regulatory approvals in order to provide a better quality of service.4

 

Precedents/ Rulings/ Interpretations
External Fee Service Standard2 Performance Results3 Stakeholder Consultation
  1. Written, precedent-setting ruling relating to the quality of capital
  2. Written interpretation of Acts, regulations, guidelines or rulings
80% will be processed in less than 180 calendar days of receipt 100% were processed in less than 180 calendar days of receipt

Although the number of approvals subject to a Regulatory fee represents 25% of the total approvals processed in 2010-2011, OSFI applies these standards to all application for regulatory approvals in order to provide a better quality of service.4

 

Non-precedential Confirmations of Quality of Capital
External Fee Service Standard2 Performance Results3 Stakeholder Consultation
Written, non-precedent-setting confirmation of quality of capital 90% will be processed in less than 60 calendar days of receipt 100% were processed in less than 60 calendar days of receipt

Although the number of approvals subject to a Regulatory fee represents 25% of the total approvals processed in 2010-2011, OSFI applies these standards to all application for regulatory approvals in order to provide a better quality of service.4

 

Copies of Corporate Documents and Certificates of Confirmation
External Fee Service Standard2 Performance Results3 Stakeholder Consultation
Copies of any one of the following corporate documents (per request and per body corporate): (a) a certificate of confirmation; (b) a certified copy of letters patent or of incorporation or amalgamation documents; and (c) the corporate history of a body corporate 90% will be processed  within 2 business days of receipt 100% were processed within 2 business days of receipt

Although the number of approvals subject to a Regulatory fee represents 25% of the total approvals processed in 2010-2011, OSFI applies these standards to all application for regulatory approvals in order to provide a better quality of service.4

 

Access to Information User Fees
External Fee Service Standard2 Performance Results3 Stakeholder Consultation
Fees charged for processing access requests filed under the Access to Information Act Response provided within 30 days following receipt of request; the response time may be extended pursuant to section 9 of the Access to Information Act. Notice of extension to be sent within 30 days after receipt of request. The Act provides fuller details. Statutory deadlines met 100% of the time

The service standard is established by the Access to Information Act and the Access to Information Regulations. Consultations with stakeholders were undertaken by the Department of Justice and the Treasury Board Secretariat for amendments done in 1986 and 1992.

Other Information: None

2 As established pursuant to the Policy on Service Standards for External Fees:

  • service standards may not have received parliamentary review; and
  • service standards may not respect all performance standard establishment requirements under the UFA (e.g. international comparison; independent complaint address).

3 Performance results are not legally subject to section 5.1 of the UFA regarding fee reductions for unachieved performance.

4In 2010-2011, OSFI conducted three confidential survey consultations with deposit-taking institutions, executives of the FIs that OSFI regulates, and life insurance companies.  Results showed that a strong majority of respondents were satisfied with OSFI in processing applications for regulatory approvals and believes that OSFI’s approval process is timely and efficient.  From time to time, OSFI receives letters of appreciation from applicants thanking OSFI on the quality of its regulatory approval process.



Green Procurement

Part A: Green Procurement Capacity Building

Activity Target as % (as reported in 2010–11 RPP) Actual Results as % Description/Comments
1a. Training for Procurement
and Materiel Management Staff
50% 50% The training of the Procurement and Materiel Management Staff will be achieved by completing the online Canada School of Public Service course - C215 Green Procurement.
1b. Training for Acquisition Cardholders 10% 10% The training of some Acquisition Cardholders was achieved through green conferences for key cardholders.
2. Performance Evaluations 50% 0% Although green procurement was not explicitly identified in the performance evaluations for the two managers responsible for procurement, these managers sought and took advantage of green options where available.
3. Procurement Processes and Controls N/A N/A OSFI’s procurement needs are largely met by government-wide commodity management processes and vehicles established by Public Works and Government Services Canada (PWGSC). Environmental benefits achieved are the same as those identified by PWGSC in the establishment of these processes and vehicles.

Part B: Use of Green Consolidated Procurement Instruments

Good/Service Target as % (as reported in 2010–11 RPP) Actual Results as % Description/Comments
Paper 75% 75% Paper is procured against PWGSC green consolidated instruments.
Printers 50% 100% All new leases for printers were against PWGSC green consolidated instruments.


Internal Audits and Evaluations

Internal Audits (2010-2011 reporting period - covering 2009-2010 and 2010-2011 planning period)

1. Name of Internal Audit 2. Internal Audit Type 3. Status 4. Completion Date

Corporate Services - Finance – Revenue

Revenue Business Cycle Completed November 2010

Corporate Services - Human Resources Performance Management

Performance Management Completed November 2010

Regulation Sector -  Private Pensions Plan Division – Approvals Management and Control Framework

Approvals Completed November 2010
Corporate Services – Finance – Contracting for Professional Information Management/Information Technology Contracting for Professional Information Management/Information Technology In Progress June 2011
Superintendent’s Office  - Risk Management Risk Management In Progress 2011-12
Supervision Sector – Life Insurance Group – Conglomerates Risk Assessment & Intervention In Progress 2011-12
Regulation Sector: Actuarial Supervision Support Not yet Started 2011-12
Supervision Sector: Supervision Support Group, Credit Risk Division Risk Assessment & Intervention – Follow-Up In Progress 2011-12

OSFI’s Internal Audit group conducts regular internal audits. The Internal Audit Plan is approved one year at a time by the Audit Committee. The 2011-2012 to 2013-2014 audit plan was approved Q3 2010-2011. The audit plan is subject to change from year to year depending on changes to priorities or in the business.