Quarterly Financial Report for the quarter ended December 31, 2021

• Quarterly Financial Reports

Table of Contents

• 1. Introduction
  • 1.1. Justice Mandate
  • 1.2. Basis of Presentation
  • 1.3. Department of Justice Financial Structure
• 2. Highlights of Fiscal Quarter and Fiscal Year to Date Results
  • 2.1. Significant Changes to Authorities
  • 2.2. Significant Changes to Budgetary Expenditures and Revenues
• 3. Risks and Uncertainties
• 4. Significant Changes in Relation to Operations, Personnel and Programs
• 5. Statement of Authorities (unaudited)
• 6. Departmental Budgetary Expenditures by Standard Object (unaudited)
• 7. Glossary

1. Introduction

This quarterly financial report has been prepared by management as required by section 65.1 of the Financial Administration Act (FAA) and in the form and manner prescribed by the Treasury Board. The report should be read in conjunction with the 2020-21 and 2021-22 Main Estimates as well as the 2020-21 Supplementary Estimates (C). The Departmental Audit Committee (DAC) has reviewed the report, but no external audit or review has been conducted.

The glossary (Section 7) contains definitions for key financial terms that are hyperlinked in the text.

1.1 Justice Mandate

Established in 1868, the Department of Justice Canada (the Department) supports the dual roles of the Minister of Justice and the Attorney General of Canada. Under the Department of Justice Act, the Minister is the legal advisor to Cabinet and ensures that the administration of public affairs is in accordance with the law. The Minister of Justice is responsible for matters connected with the administration of justice that fall within federal jurisdiction and fulfils this responsibility by developing policies, laws, and programs to strengthen the national framework.

Under the Department of Justice Act, the Attorney General of Canada is the chief law officer of the Crown. The Attorney General provides legal services to the government and its departments and agencies. These services include the provision of legal advice, the conduct of litigation and the drafting of legislation and regulations. The Attorney General represents the Crown and not individual departments or agencies. Therefore, the Attorney General seeks to protect interests for the whole of government when providing legal advice and conducting litigation.

1.2 Basis of Presentation

This quarterly report has been prepared by management using an expenditure basis of accounting. The accompanying Statement of Authorities includes the Department’s spending authorities granted by Parliament, and those used by the Department consistent with the Main Estimates. 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.

The Department uses the full accrual method of accounting to prepare and present its annual departmental financial statements, which are part of the Departmental Results Report process. However, the spending authorities voted by Parliament remain on an expenditure basis.

Although the Department has implemented an advanced billing process, revenues are reported when they are earned rather than when they are collected, to ensure consistency of presentation and comparability with prior year reports.

1.3 Department of Justice Financial Structure

The Department of Justice financial structure is comprised of the following budgetary authorities:

• Vote 1 - Operating Expenditures;
• Vote 5 - Grants and Contributions; and
• Statutory authorities related to contributions to the Employee Benefit Plan (EBP), salary and motor car allowances for the Minister of Justice and Attorney General of Canada.

As the primary legal services provider to other government departments and agencies, the Department of Justice collects and spends revenue generated by these legal services as part of its Vote 1 authority. The Department of Justice also has the authority to spend revenues collected for providing internal administrative support services to other government departments. In departmental reporting, these revenues offset total departmental authorities and expenditures.

The primary recipients of the Department’s Vote 5 (Grants and Contributions) are Provincial and Territorial governments. Approximately 76% of the Vote 5 funding is related to cost-shared agreements with these recipients, which are usually accounted for in the last quarter of the fiscal year upon receipt of financial claims statements. As a result, a large proportion of expenditures in Vote 5 tend to occur in the fourth quarter.

2. Highlights of Fiscal Quarter and Fiscal Year to Date Results

This section highlights the significant items that contributed to the net increase in resources available for the year and net changes in actual expenditures for the quarter ended December 31, 2021. For both periods ending December 31, budgetary authorities and Vote-Netted Revenue (VNR) provided to the Department included: Main Estimates 2020-21, Main Estimates 2021-22, funding received from Treasury Board for Compensation Adjustments related to approved collective agreements, and the Year-End Operating Budget Carry Forward.

Graph 1 outlines the Department’s net budgetary authorities and expenditures. The increase in authorities between the second and third quarters of 2020-21 is explained by the fact that the Department received full supply for the 2020-21 Main Estimates in December 2020, while full supply is normally released in the first quarter. This delay on Parliament operations was a direct impact of COVID-19 and this situation did not occur in 2021-22.

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Graph 1: Comparison of Budgetary Authorities and Expenditures as of December 31, 2021, and December 31, 2020

The bar graph shows the Department’s net budgetary authorities and net budgetary expenditures for the quarters ending December 31, September 30 and June 30 for fiscal years 2021-22 and 2020-21.

Net budgetary authorities in fiscal year 2021-22 totaled $826.4M on December 31, $821.9M on September 30 and $794.5M on June 30, an increase of $4.5M during the third quarter and $27.4M during the second quarter. In the previous fiscal year, net budgetary authorities totaled $785.5M on December 31, $684.0M on September 30 and $667.6M on June 30, an increase of $101.4M during the third quarter and $16.4M during the second quarter.

Net budgetary expenditures in fiscal year 2021-22 for the periods ending December 31, September 30 and June 30 were $144.4M, $170.0M and $169.3M, respectively, totaling $483.7M year-to-date as of December 31, 2021. In the previous fiscal year, net budgetary expenditures for the periods ending December 31, September 30 and June 30 were $123.5M, $183.5M and $137.5M, respectively, totaling $444.6M year-to-date as of December 31, 2020.

Graph 2 outlines the Department’s VNR and respendable revenues earned. The VNR increase from 2020-21 to 2021-22 was granted by the Treasury Board as a result of an increase to the legal services rates, and has no impact on net budgetary authorities.

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Graph 2: Comparison of Vote-Netted Revenue and Revenues Earned as of December 31, 2021, and December 31, 2020

The bar graph shows the Department’s net vote authorities and the revenues earned for the quarters ending December 31, September 30 and June 30 for fiscal years 2021-22 and 2020-21.

Net vote authorities in fiscal year 2021-22 totaled $366.8M on December 31, on September 30 and on June 30. In the previous fiscal year, net vote authorities totaled $352.0M on December 31, and $245.3M on September 30 and on June 30, an increase of $106.8M during the third quarter.

Revenues earned in fiscal year 2021-22 for the periods ending December 31, September 30 and June 30 were $77.8M, $94.3M and $31.7M, respectively, totaling $203.7M year-to-date as of December 31, 2021. In the previous fiscal year, revenues earned for the periods ending December 31, September 30 and June 30 were $103.7M, $69.5M and $48.3M, respectively, totaling $221.4M year-to-date as of December 31, 2020.

2.1 Significant Changes to Authorities

(Please refer to the Statement of Authorities table presented in Section 5.)

When compared to the third quarter of the previous fiscal year, the total net budgetary authorities available for 2021-22 increased by $41.0 million, from $785.5 million in 2020-21 to $826.4 million in 2021-22. This comprises:

• Vote 1 - Operating Expenditures increased by $21.4 million
• Vote 5 - Grants and Contributions increased by $12.8 million
• Statutory authorities increased by $6.8 million

2.2 Significant Changes to Budgetary Expenditures and Revenues

(Please refer to the Departmental Budgetary Expenditures by Standard Object table presented in Section 6.)

Total year-to-date net budgetary expenditures increased from $444.6 million in 2020-21 to $483.7 million in 2021-22. This net increase of $39.1 million consists of changes associated with the following items:

3. Risks and Uncertainties

The COVID-19 pandemic has resulted in governments worldwide enacting emergency measures to combat the spread of the virus. To address ongoing demands of the pandemic, Justice Canada has undertaken a variety of measures to ensure business continuity and the wellbeing and safety of the Department’s employees as they fulfill their professional duties.

A portion of the Department’s funding comes from revenues through the provision of services to other client departments. Since 2020-21, the courts across Canada significantly reduced and/or adapted their operations, the result of which had a direct impact on the operations of the Department, mostly on litigation services. Any disruptions to operations may impact the provision of services to clients, and therefore revenue collected. To mitigate this financial risk, the Department continues to monitor its business volumes and its financial situation closely. This includes rigorous management of revenues, expenditures, forecasting and commitment monitoring. Moreover, the Department works closely with client departments to identify changing requirements and their impacts. In addition, the Department recognizes that progress on various justice system initiatives may continue to be impacted due to the reduced capabilities or capacity of key stakeholders or partners as a result of the COVID-19 pandemic. In response, the Department continues to advance work by virtual means and work with partners to set an appropriate pace of work.

As part of the Department’s enterprise risk management function, the Department regularly monitors and identifies strategic risks that may affect the delivery of the Department’s mandate and expected results. Strategic risks that the Department is currently managing include critical risks related to cybersecurity and external relationship management, as well as internally focused risks concerning data and information and employee wellness. The Department is also addressing key risks related to technological disruption and the workspace of the future, the latter of which is dependent on departmental decisions pertaining to accommodations and their associated costs, amidst uncertainties regarding functional work environments due to the pandemic. In aggregate, these risks may have a financial impact on the Department. For more information, refer to the 2021-22 Departmental Plan.

4. Significant Changes in Relation to Operations, Personnel and Programs

During the third quarter, Chris Rupar was appointed to the position of Chief General Counsel, effective November 29, 2021.

Approval by Senior Officials

Approved by:

A. François Daigle
Deputy Minister of Justice and
Deputy Attorney General of Canada

Bill Kroll, CPA, CMA
Chief Financial Officer and
Assistant Deputy Minister, Management Sector

Ottawa, Canada
February 22, 2022

5. Statement of Authorities (unaudited)

Department of Justice
Quarterly Financial Report
For the quarter ended December 31, 2021
Statement of authorities (unaudited)
(in thousands of dollars)

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

6. Departmental Budgetary Expenditures by Standard Object (unaudited)

Department of Justice
Quarterly Financial Report
For the quarter ended December 31, 2021
Departmental budgetary expenditures by Standard Object (unaudited)
(in thousands of dollars)

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

7. Glossary

Authorities: Spending authorities are approvals from Parliament for individual government organizations to spend up to specific amounts. Spending authority is provided in two ways:

1. Annual Appropriation Acts that specify the amounts and broad purposes for which funds can be spent; and
2. Other specific statutes that authorize payments and set out the amounts and time periods for those payments.

Bijural: Relates to the coexistence and interaction of two legal systems or legal traditions in a given legal framework. In Canada, this relates to Quebec civil law and Canadian common law, taking into account other sources of federal law, including Indigenous rules and customs.

Budget Implementation Vote: Treasury Board central vote for new measures or initiatives announced in the Federal Budget. The central vote facilitates timely availability of supply for Budget measures to be carried out in the upcoming fiscal year.

Compensation Adjustments: Treasury Board central vote that allocates supplementary funds for adjustments made to terms and conditions of service or employment of the federal public administration as a result of collective bargaining.

Deferred Revenues: An amount received or recorded as receivable but not yet earned and meanwhile carried forward to be taken into income in future periods.

Employee Benefit Plan (EBP): A statutory item that includes employer costs for the Public Service Superannuation Plan, the Canada and the Quebec Pension Plans, Death Benefits, and the Employment Insurance accounts. Expressed as a percentage of salary, the EBP rate is changed every year as directed by the Treasury Board Secretariat.

Full Accrual Method of Accounting: Costs are reported based on their consumption. Revenues are reported when earned.

Main Estimates: Each year, the government prepares estimates in support of its request to Parliament for authority to spend public funds. This request is formalized through the introduction of appropriation bills in Parliament. In support of the Appropriation Act, the Main Estimates identify the spending authorities (Votes) and amounts to be included in subsequent appropriation bills. Parliament is asked to approve these Votes to enable the government to proceed with its spending plans.

Operating Budget Carry Forward (OBCF): A Treasury Board centrally managed vote that permits departments to bring forward eligible lapsing funds from one fiscal year to the next in an amount up to five percent of the operating budgets contained in their Main Estimates. (See also Voted and statutory appropriations.)

Reference level: The amount of funding that the Treasury Board has approved for departments and agencies to carry out policies and programs for each year of the planning period.

Respendable Revenues Collected: Represents revenues that the department has specific authority from Parliament to respend which may be comprised of deferred revenues and revenues netted against expenditures.

Respendable Revenues Earned: Represents revenues that are recognized when they are earned (usually when services are rendered).

Special Purpose Financial Reporting Framework: The Quarterly Financial Report requirements and structure as defined in the GC 4400 Departmental Quarterly Financial Report.

Standard Objects: A system in accounting that classifies and summarizes records by categories, such as type of goods or services acquired, for monitoring and reporting.

Sunsetting: The end of temporary funding.

Supplementary Estimates: The President of the Treasury Board tables two Supplementary Estimates, in late fall and late winter, to obtain the authority of Parliament to adjust the government's expenditure plan set out in the Main estimates for that fiscal year. Supplementary Estimates serve two purposes. First, they seek authority for revised spending levels that Parliament will be asked to approve in an Appropriation Act. Second, they provide Parliament with information on changes in the estimated expenditures to be made under the authority of statutes previously passed by Parliament. Each Supplementary Estimates document is identified alphabetically (A, B).

Voted and Statutory Appropriations: Expenditures made by government require the authority of Parliament. That authority is provided in two ways: annual Appropriation Acts or Supply Bills specify the amounts and broad purposes for which funds can be spent; and other specific statutes authorize payments and set out the amounts and time periods for those payments. The amounts approved in appropriation acts are referred to as voted amounts, and the expenditure authorities provided through other statutes are called statutory authorities.

• Vote 1—Operating Expenditures: A vote that covers most day-to-day expenses, such as salaries and utilities.
• Vote 5—Grants and Contributions: A vote used when grants and/or contributions expenditures equal or exceed $5 million.

Vote-Netted Revenue: The authority by which the Department of Justice has permission to collect and spend revenue earned from the provision of legal and internal services within government.

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