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Financial Statements For Year Ended March 31, 2007

Management Responsibility for Financial Statements

Responsibility for the integrity and objectivity of the accompanying financial statements for the year ended March 31, 2006 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 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 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.


signed on original signed on original
John H. Sims
Deputy Minister
Ottawa, Canada
Terrance I. McAuley
A/Assistant Deputy Minister, Corporate Services
Senior Financial Officer
 
Date: July 14, 2008

 


Statement of Financial Position (unaudited)

As at March 31
(in dollars)

 


Assets

 
2008
2007
Financial Assets
Receivables (Note 6)
41,240,530
27,811,772
Advances (Note7)
24,275
51,985
Total financial assets
41,264,805
27,863,757
Non-financial assets
Prepaid expenses
103,041
135,834
Tangible capital assets (Note 8)
32,668,131
36,683,852
Total non-financial assets
32,771,172
36,819,686
Total
74,035,977
64,683,443

 


Liabilities and Equity of Canada

Liabilities    
Accounts payable and accrued liabilities (Note 9)
51,466,994
59,352,085
Transfer payments payable
719,988,875
612,001,885
Vacation pay and compensatory leave
15,147,948
17,268,384
Employee severance benefits (Note 10)
73,365,829
83,850,340
Family Law account (Note 12)
3,493,329
3,930,643
Total liabilities
863,462,975
776,403,337
Equity of Canada
(789,426,998)
(711,719,894)
Total
74,035,977
64,683,443

Contingent liabilities (Note 11)
Contractual obligations (Note 13)

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

Statement of Operations (unaudited)

As at March 31
(in dollars)


Expenses (Note 4)

Providing legal advisory and litigation services to government
523,575,103
526,014,088
Developing and implementing programs
369,481,048
360,646,912
Developing policies and laws
45,161,012
41,867,608
Providing prosecution services
-
121,275,989
Total expenses
938,217,163
1,049,804,597

 


Revenues (Note 5)

   
Providing legal advisory, litigation and legislative services to government
214,185,491
155,830,964
Developing policies and laws
8,308,858
7,087,850
Providing prosecution services
-
7,105,336
Total revenues
222,494,349
170,024,150
 
Net cost of operations
715,722,814
879,780,447

The accompanying notes form an integral part of these financial statements

Statement of Equity of Canada (unaudited)

For the year ended March 31
(in dollars)


 
2008
2007
Equity of Canada, beginning of year
(711,719,894)
(540,277,983)
Net cost of operations
(715,722,814)
(879,780,447)
Current year appropriations used (Note 3)
686,162,764
974,223,007
Revenue not available for spending
(8,834,724)
(170,077,588)
Change in net position in the Consolidated Revenue Fund (Note 3)
(124,676,829)
(171,464,895)
Departmental reorganization - transfer of Net assets (Note 14)
19,249,751
-
Services provided without charge by other government departments (Note 15)
66,114,748
75,658,012
Equity of Canada, end of year
(789,426,998)
(711,719,894)

The accompanying notes form an integral part of these financial statements

Statement of Cash Flow (unaudited)

For the year ended March 31
(in dollars)


Operating activities

2008
2007
Net cost of operations
715,722,814
879,780,447
     
Non-cash items    
Amortization of tangible capital assets (Note 8)
(10,569,878)
(11,115,407)
Disposal and transfer of capital assets
(4,976,141)
9,218
Services provided without charge by other government departments (Note 15)
(66,114,748)
(75,658,012)
     
Variations in Statement of Financial Position
Increase (decrease) in accounts receivable and advances
13,401,048
6,038,273
Decrease in prepaid expenses
(32,793)
(22,658)
Increase in liabilities
(87,059,638)
(179,327,922)
Cash used by operating activities
560,370,664
619,703,939
 

Capital investment activities

Acquisitions of tangible capital assets (Note 8)
11,530,298
13,000,181
Proceeds from disposal of tangible capital assets
-
(23,596)
Cash used by capital investment activities
11,530,298
12,976,585
 

Financing activities

Net cash provided by Government Canada
(552,651,211)
632,680,524
Departmental Reorganization (Note 14)
(19,249,751)
-
Cash used by financing activities
(571,900,962)
632,680,524

The accompanying notes form an integral part of these financial statements


Notes to the Financial Statements (unaudited)

1. Authority and objectives

The Department of Justice was created by an Act of Parliament in 1868 to be responsible for the legal affairs of the Government of Canada and to provide legal services to individual departments and agencies. The department’s work reflects the duties of its Minister’s dual role as Attorney General of Canada and as Minister of Justice.

The department conducts its 2 priorities along 3 program activities:

(a) A fair, relevant and accessible justice system that reflects Canadian values

Developing policies and laws
The planning and development of government justice policies dealing with matters within the mandate of the Minister of Justice.

Developing and implementing programs
The design, development and implementation of cost-shared programs and grants and contributions.

(b) A federal government that is supported by effective and responsive legal services

Providing legal advisory and litigation services to government
The provision of legal advisory services to departments and agencies and the supervision, coordination and/or conduct of civil litigation on their behalf.

In prior year, under program activity "Providing Prosecution Services", the department conducted criminal prosecution, including money laundering and drug prosecutions, and regulatory prosecutions such as those related to income tax, the competition law provisions on telemarketing, customs and immigration. Responding to international requests and trans-national crime and working to combat organized crime and terrorism. The Office of the Director of Public Prosecutions took over this activity and operate independently as a department since April 1, 2007.

2. Summary of significant accounting policies

The 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.

The significant accounting policies are as follows:

(a) Parliamentary appropriations
The department is financed by the Government of Canada through Parliamentary appropriations. Appropriations provided to the department do not parallel financial reporting according to generally accepted accounting principles since appropriations 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 department operates within the Consolidated Revenue Fund (CRF), which is administered by the Receiver General for Canada. All cash received by the department is deposited to the CRF and all cash disbursements made by the department 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
The 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

  • Revenues derived from the provision of legal services are recognized in the year services are rendered.
  • Service and administration fees revenues under the Family Law programs are recognized based upon the services provided in the year, such as upon validation of the garnishment application or upon issuance of the divorce clearance certificate;
  • Fines, forfeitures and court costs are recognized upon receipt of payment by the department.

(e) Expenses

  • Grants are recognized in the year in which the conditions for payment are met. In the case of grants which do not form part of an existing program, the expense is recognized when the Government announces a decision to make a non-recurring transfer, provided the enabling legislation or authorization for payment receives parliamentary approval prior to the completion of the financial statements.
  • Contributions are recognized in the year in which the recipient has met the eligibility criteria or fulfilled the terms of a contractual transfer agreement;
  • Vacation pay and compensatory leave are expensed as the benefits accrue to employees under their respective terms of employment;
  • Expenses related to the provision of legal services are limited to those costs borne and settled directly by the department. These legal services may or may not be recovered as revenue from the client department. The cost of legal services which are paid directly by client departments to outsoide suppliers such as Crown agents, are not included in the expenses of the department;
  • Services provided without charge by other government departments for accommodation, the employer’s contribution to the health and dental insurance plans, and worker's compensation costs 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 department'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) Receivables
Receivables are stated at amounts expected to be ultimately realized; a provision is made for receivables where recovery is considered uncertain.

(h) Contingent liabilities

Contingent liabilities are potential liabilities which may become actual liabilities when one or more future events occur or fail to occur. To the extent that the future event is likely to occur or fail to occur, and a reasonable estimate of the loss can be made, an estimated liability is accrued and an expense recorded. If the likelihood is not determinable or an amount cannot be reasonably estimated, the contingency is disclosed in the notes to the financial statements.

(i) Tangible capital assets
All tangible capital assets are recorded at their acquisition cost and amortized over their estimated useful life on a straight-line basis as follows:


Asset class Acquisition cost equal or greater than Amortization period
Office and other equipment $10,000 5 to 8 years
Telecommunications equipment $10,000 4 to 5 years
Informatics hardware $1,000 3 to 5 years
nformatics software $10,000 3 to 5 years
Furniture and furnishings $1,000 10 years
Motor vehicles $10,000 5 years
Leasehold improvements $10,000 Lesser of useful life or term of the lease
Work in progress In accordance with asset class Once in service, in accordance
with asset class

(j) 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 contingent liabilities, 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 department 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 department 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


(in dollars)                  2008        2007
                             
Net cost of operations                      
715,722,814
   
879,780,447
                             
Adjustments for items affecting net cost of operations but not affecting appropriations                            
Add (Less)                          
  Receivable from Treasury Board Secretariat for employee benefits    
(3,477,341)
   
3,477,341
  Amortization of tangible capital assets          
(10,569,878)
 
(11,115,407)
Vacation pay and compensatory leave      
(307,319)
   
(610,787)
  Employee severance benefits          
(904,313)
 
(5,573,222)
  Refunds and reversals of previous year expenses    
4,094,975
 
6,528,630
  Bad debt                    
(4,914,938)
 
(4,061,094)
Revenue not available for spending
40,562,844
170,077,588
Services provided without charge by other government departments (Note 15) (66,114,748)
(75,658,012)
  Other                  
573,163
 
(1,600,000)
                     
41,057,555
 
81,465,037
Adjustments for items not affecting net cost of operations but affecting appropriations      
Add (Less)                        
  Acquisitions of tangible capital assets        
11,530,298
 
13,000,181
  Change in prepaid expenses              
(32,793)
 
(22,658)
                     
11,497,505
 
12,977,523
Current year appropriations used          
686,162,764
 
974,223,007

(b) Appropriations provided and used


 (in dollars)      
   2008
   2007

Restated (Note 17)
Vote 1 - Operating expenditures  
298,231,748
591,751,446
         
Vote 5 - Grants and contributions  
380,188,415
364,007,415
           
Statutory Amounts      
55,527,457
72,803,845
           
Less          
Appropriations Available for future years      
(491)
(837)
Voted Authorities lapsed      
(47,784,365)
(54,338,862)
Current year appropriations used  
(686,162,764)
974,223,007
   
(c) Reconciliation of net cash provided by Government to current year appropriations used  
       
   2008
   2007
Net cash provided by Government  
552,651,211
632,680,524
Revenue not available for spending  
40,562,844
170,077,588
Change in net position in the Consolidated Revenue Fund    
Variation in accounts receivable and advances
(13,401,048)
(6,038,273)
Variation in accounts payable and accrued liabilities
100,101,899
170,775,314
Adjustments and refunds of previous year accounts payable
4,094,975
6,528,631
 Other adjustments
2,152,883
199,223
     
92,948,709
171,464,895
Current year appropriations used  
686,162,764
974,223,007

(c) Reconciliation of net cash provided by Government to current year appropriations used

4 Expenses


  (in dollars)            
   2008
   2007
                           
  Operating                        
  Salaries and employee benefits                
455,623,621,
528,753,983
Accommodation                      
38,142,768
43,911,327
  Professional and special services              
35,182,564
65,121,464
  Travel and relocation                    
12,528,008
15,995,105
  Amortization of tangible capital assets              
10,569,878
11,115,407
  Utilities, materials and supplies              
7,923,845
8,779,083
  Communications                    
6,057,339
7,047,811
Bad debt expense                      
4,914,938
4,061,094
  Information                    
4,320,820
5,123,369
  Repairs and maintenance                  
1,848,589
2,435,803
  Rentals                    
1,066,804
1,202,760
Other                      
913,748
1,077,398
  Claims and ex-gratia payments                      
441,911
3,982,429
  Total operating expenses                
579,534,833
698,607,033
                             
  Transfer payments                        
  Provinces and territories                  
325,336,015
329,003,366
  Non-profit institutions and organizations              
25,547,247
15,965,498
  Persons                    
7,360,922
6,053,428
  International organizations          
438,146
175,272
  Total transfer payments                  
358,682,330
351,197,564
                             
  Total expenses                    
938,217,163
1,049,804,597
                             

5 Revenues


  (in dollars)                    
2008
2007
  Services                        
  Legal services                    
214,090,200
161,660,834
  Family Law fees                    
8,047,213
6,807,063
                     
222,137,413
168,467,897
                     
  Other revenues                        
  Fines and forfeitures            
261,442
967,907
  Rent from residential housing provided to employees    
23,440
294,910
  Other                      
72,054
293,436
                         
356,936
1,556,253
                             
                         
222,494,349
170,024,150

 

6. Receivables


(in dollars)
2008
2007
Federal government departments and agencies
Accounts receivable
37,745,968
23,960,098
 
External parties
Family Law
12,737,694
11,261,350
Less: allowance for doubtful accounts
(9,943,899)
(8,897,916)
 
2,793,795
2,363,434
Other receivables
942,007
1,730,348
Less: allowance for doubtful accounts
(241,240)
(242,108)
 
700,767
1,488,240
Total receivables
41,240,530
27,811,772

 

7. Advances


(in dollars)
2008
2007
Standing advances held by employees for travel and petty cash
24,275
28,380
Temporary advances to employees for travel
-
23,605
Total
24,275
51,985

 

8. Tangible capital assets


(in dollars)        
Opening balance
Acquisitions
 
Disposals and transfers
 
Closing balance
Office and other equipment    
573,176
90,965
   
(16,838)
 
647,303
Telecommunications equipment  
1,621,519
1,105,915
   
-
 
2,727,434
Informatics hardware        
18,877,007
3,391,407
   
(1,028,428)
 
21,239,986
Informatics software        
16,260,857
1,126,789
   
518,984
 
17,906,630
Furniture and furnishings      
14,420,163
1,827,230
   
(490,842)
 
15,756,551
Motor vehicles        
156,435
-
   
(56,111)
 
100,234
Leasehold improvements      
15,601,100
830,013
   
(3,573,089)
 
12,858,024
Work in progress - software development  
840,677
2,725,018
   
(609,711)
 
2,955,984
Work in progress - leasehold improvements
2,178,288
432,961
   
(2,269,574)
 
341,675
Total tangible capital assets    
70,529,222
11,530,298
   
(7,525,609)
 
74,533,911
 Accumulated amortization            
   
Opening balance
Current year amortization
 
Disposals and transfers
 
Closing balance
               
(in dollars)            
Office and other equipment    
130,236
76,401
   
-
   
206,637
Telecommunications equipment  
940,233
431,385
   
-
   
1,371,618
Informatics hardware        
10,841,574
3,758,887
   
(471,457)
   
14,129,004
Informatics software        
9,527,152
3,035,333
   
(66,625)
   
12,495,860
Furniture and furnishings      
5,008,090
1,463,696
   
(152,519)
   
6,319,267
Motor vehicles        
106,632
5,905
   
(28,751)
   
83,786
Leasehold improvements      
7,291,453
1,798,271
   
(1,830,116)
   
7,259,608
Total accumulated amortization  
33,845,370
10,569,878
 
(2,549,468)
 
41,865,780
  Net book value          
           
       
  
    
   
(in dollars)              
2008
 
2007
     
Office and other equipment    
440,666
 
442,940
     
Telecommunications equipment  
1,355,816
 
681,286
     
Informatics hardware        
7,110,982
 
8,035,433
     
Informatics software        
5,410,770
 
6,733,705
     
Furniture and furnishings      
9,437,284
 
9,412,073
     
Motor vehicles        
16,538
 
49,803
     
Leasehold improvements      
5,598,416
 
8,309,647
     
Work in progress - software development  
2,955,984
 
840,677
     
Work in progress - leasehold improvements
341,675
 
2,178,288
     
Total net book value          
32,668,131
 
36,683,852
     
                               
Amortization expense for the year ended March 31, 2008 is $10,569,878 ($11,115,407 in 2006-07).      
                               

9. Accounts payable and accrued liabilities


(in dollars)
2008
2007
Federal government departments and agencies
Accounts payable
4,751,248
3,882,374
 
External parties    
Accounts payable
34,850,964
43,042,988
Accrued salaries
10,839,782
10,626,723
Other liabilities
1,025,000
1,800,000
 
46,715,746
55,469,711
Total
51,466,994
59,352,085

10. Employee benefits

(a) Pension benefits

The department's employees 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/Quebec Pension Plans benefits and they are indexed to inflation.

Both the employees and the department contribute to the cost of the Plan. The expense presented below represents approximately 2.1 times (2.2 in 2006-07) the contributions by employees.


(in dollars)
2008
2007
Pension expense
40,405,024
53,534,084

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 department 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:


(in dollars)
2008
2007
Accrued benefit obligation, beginning of year
83,850,340
78,277,118
Expense for the year
5,051,222
8,828,166
Benefits paid during the year
(4,146,909)
(3,254,944)
Departmental reorganization
(11,388,824)
-
Accrued benefit obligation, end of year
73,365,829
83,850,340

11.Continent liabilities

Claims and litigation
Claims have been made against the department in the normal course of operations. Legal proceedings for claims totalling approximately $1,021,471,000 were still pending at March 31, 2008 ($20,318,000 in 2006-07). Some of these potential liabilities may become actual liabilities when one or more future events occur or fail to occur. To the extent that the future event is likely to occur or fail to occur, and a reasonable estimate of the loss can be made, an estimated liability is accrued and an expense recorded in the financial statements.

12. Family Law account

Under the Family Orders and Agreements Enforcement Assistance Act, the department assists provinces and territories in the enforcement of family support orders and agreements by providing garnishment assistance through the interception of designated federal moneys payable to individuals owing family financial support.  These intercepted moneys are deposited into the Family Law account from which payments to the provinces and territories are then made.  The provinces and territories distribute these payments (consisting of garnisheed moneys such as income tax refunds, employment insurance benefits, etc.) to the beneficiaries.


(in dollars)
2008
2007
Family Law account, beginning of year
3,930,643
1,562,044
Receipts
125,115,051
122,126,685
Payments
(125,552,365)
(119,758,085)
Closing balance
3,493,329
3,930,643

13. Contractual obligations

The nature of the department's activities results in some large multi-year contracts and obligations whereby the department will be obligated to make future payments when the services and/or goods are received.

Significant contractual obligations that can be reasonably estimated are summarized as follows:


(in dollars)
2008-2009
2009-10
2010-11
2011-12
2012-13 and thereafter
Transfer payments
280,300,000
177,400,000
177,000,000
2,800,000
2,800,000

14. Departmental reorganization

On December 12, 2006, the Office of the Director of Public Prosecutions was created as part of the Federal Accountability Act. This Office takes over the duties of the former Federal Prosecution Services within the Department of Justice and will operate independently of the department effective April 1, 2007.

The condensed assets and liabilities transferred from the Department of Justice Canada to the Office of the Director of Public Prosecutions effective April 1, 2007 are as follows:


(in dollars)
2007
Statement of Financial Position
Assets
7,634,145
Liabilities
26,883,896
Net liabilities for transfer
19,249,751

The condensed operating results of the transferred operations for the year ended March 31, 2007 were as follows:


(in dollars)
2007
Statement of Operations
Revenues
7,105,336
Expenses
121,275,989
Net cost of operations
 114,170,653

15. Related party transactions

The department is related as a result of common ownership to all Government of Canada departments, agencies, and Crown corporations.  The department enters into transactions with these entities in the normal course of business and on normal trade terms. 

Also, during the year, the department received without charge from other departments, accomodation, the employer's contribution to the health and dental insurance plans, and workers' compensation coverage.  These services without charge have been recognized in the department's Statement of Operations as follows:


(in dollars)
2008
2007 
Accommodation provided by Public Works and Government Services Canada
37,696,785
42,888,888
Employer's contributions to the health and dental insurance plans paid by
Treasury Board Secretariat
28,343,387
32,691,882
Workers’ compensation coverage provided by Human Resources and Social
Development Canada
74,576
77,242
 
 
 
Total
  66,114,748
  75,658,012

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 cost 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 department's Statement of Operations. 

In addition, the Department of Justice has provided legal services without charge to other government departments throughout the fiscal year for a total amount of $187,595,419 ($188,672,338 in 2006-2007).