Quarterly Financial Report for the Quarter Ended September 30, 2014

Management Statement for the Quarter Ended September 30, 2014

Introduction

The Canada Industrial Relations Board (the CIRB or the Board) is an independent, representational, quasi-judicial tribunal responsible for the interpretation and application of Part I (Industrial Relations) and certain provisions of Part II (Occupational Health and Safety) of the Canada Labour Code (the Code), as well as Part II of the Status of the Artist Act. The Board was established in January 1999 through amendments to Part I of the Code. The mandate of the Board is to contribute to and promote effective industrial relations in the federally regulated private sector.

Further information on the mandate, role, responsibilities and programs of the Board can be found in the Board 2014–15 Main Estimates, available on the following Website: http://www.tbs-sct.gc.ca/ems-sgd/esp-pbc/me-bpd-eng.asp.

This quarterly financial report should be read in conjunction with the 2013–14 Main Estimates as well as with Canada’s Economic Action Plan 2012 (Budget 2012). It has been prepared by management as required by section 65.1 of the Financial Administration Act and in the form and manner prescribed by the Treasury Board. It has not been audited or reviewed externally.

As part of the Parliamentary business of supply, the Main Estimates must be tabled in Parliament on or before March 1, preceding the new fiscal year. Budget 2012 was tabled in Parliament on March 29, after the tabling of the Main Estimates on February 28, 2012.

In fiscal year 2012–13, frozen allotments were established by Treasury Board authority in departmental votes to prohibit the spending of funds already identified as savings measures in Budget 2012.  In 2014–15, the changes to departmental authorities were reflected in the 2014–15 Main Estimates tabled in Parliament.

Basis of Presentation

This quarterly report has been prepared by management using an expenditure basis of accounting. The accompanying Statement of Authorities includes the Board’s spending authorities granted by Parliament and those used by the CIRB, consistent with the Main Estimates for the 2014–15 fiscal year. This quarterly report has been prepared using a special purpose financial reporting framework designed to meet financial information needs with respect to the use of spending authorities.

The authority of Parliament is required before moneys can be spent by the government. Approvals are given in the form of annually approved limits through appropriation acts or through legislation in the form of statutory spending authority for specific purposes.

When Parliament is dissolved for the purposes of a general election, section 30 of the Financial Administration Act authorizes the Governor General, under certain conditions, to issue a special warrant authorizing the government to withdraw funds from the Consolidated Revenue Fund. A special warrant is deemed to be an appropriation for the fiscal year in which it is issued.

The Board uses the full accrual method of accounting to prepare and present its annual departmental financial statements that are part of the departmental performance reporting process. However, the spending authorities voted by Parliament continue to be reported on an expenditure basis.

Highlights of Fiscal Quarter and Fiscal Year to Date (YTD) Results

The Board defines a significant variance as a variance of greater than $100,000 that also represents a variance of more than 5% over the previous year’s actual expenditures.

Significant Changes to Statement of Authorities

The Board’s voted authorities as of September 30, 2014, show a significant variance in voted appropriation compared to the quarter ending September 30, 2013. This variance is due to the approval, earlier in the year, of the credit related to the operating budget carry forward.

Significant Changes to Budgetary Expenditures

Based on the Board’s definition, one variance is observed in the Board’s expenditures.

There is a decrease in personnel cost in the current quarter compared to last year due to special payments related to the new collective agreements in 2013–14.

Risks and Uncertainties

The CIRB is a low risk agency. Approximately four fifths (78%) of the Board’s $14.0 million operating budget is allocated to salaries and benefits. The remaining $3.1 million is Operations and Maintenance (O&M) funding of which 60% is expended on travel and professional services largely related to the hearing and determination of cases. The Board adheres to Treasury Board policies for the expenditure of its budget and an audit conducted by the Office of the Comptroller General in the Spring of 2011 has confirmed that the Board’s core controls over financial management are effective and executed in compliance with TBS policies and directives.

Operating Environment

The Board has an ongoing planning challenge in that the CIRB’s sole function is to respond to the matters referred to it by unions, employers, employees and the Minister of Labour. As such, the CIRB’s operational activities are driven by external demands that it can only react to rather than plan for.

The state of the economy can affect the nature of the demand for Board services. A significant increase in the incoming number of complex matters would severely affect the Board’s ability to meet its strategic outcomes.

Processing Time

The Board’s largest operational risk is associated with the number of applications and complaints it receives in a given year, which affect its ability to continue to remain effective and efficient. To mitigate this risk, priority is given to the processing and consideration of matters in which it appears that delay will pose a significant potential for adverse industrial relations consequences, or where other identifiable factors require a matter to be given priority. The CIRB has made amendments to its Regulations to ensure effective and efficient handling of applications and complaints.  It will also continue to monitor and fine-tune the processing of applications and it is expected that these mitigating strategies will further reduce the time it takes to process matters.   

Corporate Management

The CIRB’s limited resources are first and foremost dedicated to its core mandate of delivering fair and timely dispute resolution services to its client community. It is often a challenge to build and retain specialized skills and knowledge in areas that are not central to the Board’s mandate but critical to meeting the expectations of central agencies in various areas of corporate services.

The CIRB continues to seek horizontal opportunities and interdepartmental partnerships in order to achieve efficiencies and ensure it delivers on its mandate on a fiscally sound and sustainable basis. The CIRB also participates in the TBS-led initiatives aimed at identifying and contracting for a common case management system. The CIRB believes this approach builds on synergies between similar organizations and mitigates the pressures associated with an aging system and its costly renewal.

Significant Changes in Relation to Operations, Personnel and Programs

Since April 1, 2013, the CIRB has been responsible for the administration and interpretation of Part II of the Status of the Artist Act (the Act). Given the broadening of its mandate, the CIRB must develop a capacity and an in-house expertise to be able to serve its new clients. With this in mind and following extensive consultation with stakeholders, the CIRB has modified the Canadian Artists and Producers Professional Relations Tribunal Procedural Regulations to ensure better alignment of the policies, procedures and practices under the Act with the CIRB’s current practices, while taking into account the unique circumstances of the cultural sector.

In Canada’s Economic Action Plan 2014, the Government announced its intention to create the Administrative Tribunals Support Service of Canada (ATSSC).  This new organization, which consolidates operations of several administrative tribunals, will provide support services to the CIRB. The CIRB will retain its adjudication powers while all human and financial resources will be transfer to the ATSSC.

The Economic Action Plan 2014 Act, No. 1 received Royal Assent on June 19, 2014.  As a result, the ATSSC came into force in November 1st, 2014. The CIRB’s appropriation is now deemed to be ATSSC appropriation.    

Budget 2012 Implementation

This section provides an overview of the savings measures announced in Budget 2012 that are implemented in order to refocus government and programs; make it easier for Canadians and businesses to deal with their government; and modernize and reduce the back office.

In Budget 2012, the CIRB was assigned the responsibility for the administration and interpretation of Part II of the Act. These duties and responsibilities were previously performed by the Canadian Artists and Producers Professional Relations Tribunal (CAPPRT). The CIRB implemented this transition in 2013–14, one year earlier than planned, which resulted in recurring savings for the government of more than $1.5 million per year.

Approval by Senior Officials

The original version was signed by

Elizabeth MacPherson, Chairperson

Ginette Brazeau, Chief Financial Officer

Ottawa, Canada
October 31, 2014

Statement of Authorities (unaudited)

* Includes only Authorities available for use and granted by Parliament at quarter-end.

Statement of Expenditures by Standard Object (unaudited)

* Includes only Authorities available for use and granted by Parliament at quarter-end.

Date modified:

2014-12-03