Supplementary Estimates C 2020–21 And Main Estimates 2021–22

• Previous Page
• Table of Contents

Annex A: Justice Portfolio Organizations

Administrative Tribunal Support Service

Context: The ATSSC’s total authorities in the Main Estimates for 2021-22 are $74.6M, including $63.3M in voted appropriations and $11.3M in statutory authority for the Employee Benefits Plan (EBP).

• The ATSSC’s total Main Estimates for 2021-22 are $74.6M:
  • $102M in gross voted appropriations authority;
  • $38.7M in respendable revenues through a Vote Netted Revenue (VNR) authority, for a net voted appropriations authority of $63.3M; and,
  • $11.3M in statutory authority (EBP).
• With this funding received in the 2021-22 Main Estimates, the ATSSC will be providing the support services and the facilities that are needed by the 12 administrative tribunals it serves to enable them to exercise their powers and perform their duties and functions in accordance with their legislation and rules.
• Approximately $51.9M, or 70%, of these funds are dedicated to core responsibilities that directly support tribunal mandates. The remaining $22.7M, or 30%, is allotted to internal services operations.
• Of its available resources, $56.9M, or 76%, are dedicated to paying salaries and benefits of both staff and tribunal members. The remaining $17.7M, or 24%, is used for other operating expenditures.
• The ATSSC remains committed to monitoring its expenditures and tribunal funding requirements to ensure that we are delivering the services the tribunals need to effectively deliver on their mandates.

ATSSC VNR Authority

• The VNR authority gives the ATSSC the authority to make recoverable expenditures on behalf of the Canada Pension Plan (CPP) and the Employment Insurance (EI) Operating Accounts.
• The Social Security Tribunal (SST) recovers the majority of its expenditures (99%) from the CPP and the EI Operating Accounts.
• The remaining 1% is included in appropriations and support costs for the Old Age Securiy (OAS) program.

Background:

Year over year differences between the ATSSC 2021-22 Main Estimates and 2020-21 Main Estimates

Approximately $72.7 million in total funding was received through the 2020-21 Main Estimates ($61.6 million in voted appropriations and $11.1 million in statutory). Approximately $74.6 million in total funding is anticipated through the 2021-22 Main Estimates ($63.3 million in voted appropriations and $11.3 million in statutory). The ATSSC’s overall authorities for 2021-22 have a net increase of $1.9 million from the previous year’s total Main Estimates.

This increase in funding is primarily attributable to the funding received related to the Program and Administration Services (PA) Collective Agreement; and support for the ATSSC’s Business Continuity Plan, with the objective of allowing the department to resume services should the primary IT operations site become compromised, inaccessible or unable to operate.

Overview of items included for the Canadian Human Rights Commission in the 2021-22 Main Estimates

• The Canadian Human Rights Commission is requesting $37,272,286 through the 2021-22 Main Estimates, representing an increase of $4.8 million in voted and statutory authorities compared to 2020-21.
• The increase is mainly attributable to additional authorities received to implement important human rights legislation passed by Parliament in 2019 that seek to address systemic gender-based discrimination in compensation practices; realize a Canada without barriers; and ensure the right to adequate and affordable housing for people in Canada.
• In 2021-22, the Canadian Human Rights Commission will also continue to advocate for a human rights-based approach to COVID-19 response and recovery measures to ensure that we can build back better and address longstanding issues of systemic racism, hate and intolerance, socio-economic inequality, and food insecurity.
• Question: How will these additional funds be spent?
  • Answer: In 2019, Parliament entrusted the Commission to expand on its essential work, with new responsibilities under the Pay Equity Act, the Accessible Canada Act, and the National Housing Strategy Act. As a result, the coming years will bring about an important increase in responsibilities, resulting in overall growth for the organization.
    Canadians, employers, unions, employees and those who represent them, as well as federal and provincial partners and co regulators, need a proactive pay equity and accessibility compliance regime that is effective, sustainable and trustworthy.
    This is why, in 2020 21, the Commission established a new Proactive Compliance Branch to support federally regulated organizations in making inclusion a priority by taking proactive steps to prevent discrimination. In 2021-22, the Commission looks forward to welcoming Canada’s first Accessibility Commissioner, whose work will complement that of our Human Rights Commissioners and the Pay Equity Commissioner, whom we reappointed in 2020 for a second term.
    In 2021 22, the Commission will also welcome Canada’s first Federal Housing Advocate, who will work to promote and protect the right to adequate and affordable housing in Canada, including by reviewing submissions from communities affected by systemic housing issues.
• Question: Have you seen an increase in complaints due to the pandemic? How does the total number of complaints affect spending?
  • Answer: In the first three quarters of 2020 21, the Commission saw a decrease in the volume of inquiries and complaints it received when compared to the average number received over the last 5 years. In the last quarter, this volume has increased and is more in line with what was seen in 2019 20. It is nevertheless still premature to understand the full impact of the pandemic on these volumes.
    The Commission does not allocate funds based on the prohibited grounds of discrimination. Instead, the Commission’s funds are allocated by Core Responsibility, which, in 2021 22, are Engagement and Advocacy, Complaints, and Proactive Compliance.

Funding

Background:

• $37,272,286 is requested through the 2021-22 Main Estimates:
  • $33,417,767 in Vote 1 for program expenditures; and
  • $3,854,519 in statutory authority for contributions to employee benefit plans.
• Overall, the Canadian Human Rights Commission’s total voted and statutory authorities for 2021-22 have increased by $4.8 million from the previous year’s total Main Estimates of $32,497,272. This increase is primarily attributable to additional funding received:
  • To administer and enforce the Pay Equity Act ($1.3 million), including reprofiled funding from 2019-20 ($0.4 million);
  • To administer and enforce the Accessible Canada Act ($1.9 million);
  • To implement a modern and streamlined case management system ($0.3 million), including reprofiled funding from 2019-20 ($0.6 million);
  • To improve the office space and IT infrastructure of the Commission ($0.7 million; funds reprofiled from 2019-20); and
  • For the recent signing of two collective agreements ($0.6 million).
• The Estimates to date for 2020-21 of $33,481,209 (excluding Supplementary Estimates (C)) include the Supplementary Estimates (B) item of $650,000 for the reprofile from 2019-20 for pay equity; the carryforward from 2019-20 of $833,937; $100,000 of regulatory funding received in 2020-21 for the pay equity regulations; and a $600,000 reduction for reprofile of funds for housing to a future year.

General

• In the coming year, the Commission will continue to raise awareness of the current and emerging human rights issues that affect people in Canada by furthering the implementation of its action plans on hate and intolerance; and economic, social and cultural rights. The Commission will also continue to raise awareness of systemic racism in Canada, and how it contributes to injustice and inequality.
• The Commission will continue to promote access to human rights justice, including by intervening in cases that have an impact on human rights law, with a view to developing human rights case law related in particular to discrimination based on race, colour, or national or ethnic origin.
• In 2021-22, the Commission will bring together employment equity, accessibility and pay equity under a single umbrella – the Proactive Compliance Branch – to ensure a sustainable and effective proactive compliance regime. The Commission plans to welcome the first Accessibility Commissioner; support federally-regulated organizations in developing their pay equity, accessibility and employment equity plans; complete the employment equity audit on the employment of people with disabilities in the communication sector; continue the audit looking at the representation of racialized people in management roles in the federal public service; and prepare an audit looking at the representation of racialized people in the transportation sector.
• In addition, the Commission’s Office of the Federal Housing Advocate will work to promote and protect the right to adequate housing in Canada by conducting research; consulting with members of vulnerable groups; and preparing for the appointment of the Federal Housing Advocate, including preparing to receive submissions from communities affected by systemic housing issues.

Courts Administration Service

• The Courts Administration Service (“CAS”) provides effective and efficient judicial, registry and corporate services to four superior courts of record – the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court of Canada and the Tax Court of Canada.
• Approximately $93.8 million in funding is anticipated through the Main Estimates for CAS, which represents a net increase of $900,000 from the previous year, mostly attributable to the Courts and Registry Management System.
• In 2021-22, CAS will continue efforts supporting the transition to a digital environment to enable members of the Courts, litigants, lawyers and the public to access court services electronically. This priority has been given increased focus, as the Courts and CAS shifted to conducting business virtually as much as possible during the COVID-19 pandemic.
• Question: Are Courts Administration Service operations impacted by COVID-19?
  • Answer: The Courts Administration Service continues to adapt to support the business of the Courts and access to justice, including through the use of technology, a combination of virtual hearings and in-person hearings, as well as remote and on-site court services.
• Question: How is the Courts Administration Service improving access to Justice?
  • Answer: Investments in information technology infrastructure and systems will continue in 2021-22 to advance the transition to digital, and capacity to provide the digital services expected by Canadians.

Funding

Background:

Overall, total authorities for CAS in 2021-22 reflect a net increase of $0.9 million from the previous year’s total Main Estimates.

The core programs of CAS have remained relatively constant over the years. The increase in funding is primarily attributable to:

• An increase of $2.1 million for enhancing Canada’s asylum system (off-cycle funding 2020);
• An increase of $1.9 million for negotiated salary adjustments;
• An increase of $0.8 million for a Courts and Registry Management System for the federal Courts;
• An increase of $0.4 million for adjustments to the contributions to the employee benefits plan;
• A decrease of $2.6 million for supporting Canada’s courts system (Budget 2018, related to program integrity); and
• A decrease of $1.7 million for enhancing the integrity of Canada’s borders and asylum system (Budget 2019).

Court Administration Service (Supplement)

• The Courts Administration Service (“CAS”) anticipates approximately $5.7 million in additional funding through the Supplementary Estimates (C) for measures to mitigate the spread of COVID-19 and to protect the health and safety of members of the federal Courts, employees, lawyers, litigants and the public.
• The additional funding in 2020-21 will ensure CAS can continue to deliver its mandate to support the business of the federal Courts for both on-site and remote operations.
• To prevent the spread of COVID-19, in 2020-21 CAS has deployed measures to support on-site operations, including distancing measures and protocols, Plexiglas partitions in courtrooms and work areas, enhanced cleaning, sanitization materials and masks. CAS has also deployed IT equipment, software, infrastructure and connectivity to support virtual hearings and remote work.
• Question: Why is this funding required for Courts Administration Service?
  • Answer: The Courts Administration Service continues to respond to the challenges presented by the COVID-19 pandemic. Efforts are directed towards protecting the health and safety of members of the Courts, CAS employees, court users and the public. At the same time, CAS has provided the support necessary to enable access to justice, through the use of technology, a combination of virtual hearings and in-person hearings, as well as remote and on-site court services.
• Question: What types of expenditures is the Courts Administration Service covering with this new funding?
  • Answer: The funding covers expenditures associated with measures to prevent the spread of COVID-19 in 2020–21, such as masks, cleaning services, sanitization products, social distancing measures as well as information technology.

Funding

Background:

Overall, total authorities for Courts Administration Service in 2020-21 reflect an increase of $5.7 million in relation to the Supplementary Estimates (C) ($5.5 million in voted appropriations and $0.2 million in statutory). Additional full-time equivalents (FTEs) for a total of 9 are required to support virtual hearings and health and safety activities. This funding is to cover incremental costs related to implementing measures to mitigate the spread of COVID-19. It is important to note that many of these costs are ongoing.

2020-21 Supplementary Estimates (C) funding for the Office of the Commissioner for Federal Judicial Affairs.

What are the 3 key messages for the Minister:

• What are the main objectives of this initiative/program? (e.g. Budget provided funding to do…)
  • The funding is for expenses related to investigations and inquiries following complaints into the conduct of judges in the amounts of $1,000,000 for Federal Judicial Affairs (FJA) and $2,000,000 for the Canadian Judicial Council (CJC).
• Explain how the initiative/program is linked to the Government’s priorities (Speech of the Throne, Budget, Mandate Letter)
  • Access to justice
  • Accountability and Transparency
• Positive Impacts – Explain how Canadians benefit from this initiative/program. Provide a good success story.
  • The funding will enable the CJC to carry out its legislative mandate of investigations and inquiries into allegations of judicial misconduct and FJA’s ability to cover unforeseeable legal fees for judges.
  • The overarching result will be an increase in the confidence of Canadians in the judiciary and access to justice, while respecting the judiciary’s independence.

Other questions & answers that the Minister might be asked based on current topics, hot issues or media/public interest:

• Question: Will there be legislative reforms to the judicial discipline process?
  • Answer: In accordance with my December 2019 Mandate Letter from the Prime Minister, our Government has been developing proposals to reform the process. These reforms would ensure that the judicial conduct process reaches its final decisions in a fair and timely way and at a reasonable cost to the public purse, all in keeping with the requirements of judicial independence.

Funding

Background:

Any member of the public can make a complaint against a federally appointed judge’s conduct to the CJC, provided the complaint is made in writing, and is about a specific federally appointed judge.

Until legislative reforms are brought to the process and a permanent funding strategy is confirmed, CJC and FJA will continue to require transitional funding for the expenditures related to judicial inquiries and investigations and the unforeseeable legal fees of judges in defending themselves. These expenditures are obligatory in support of their respective statutory mandates and neither organization has the capacity to absorb these costs within their current budgetary allotments.

Current funding (Supps C) is due to expire on March 31, 2021

In response to direction in Budget 2014, the Department of Justice (DOJ) has begun conducting a review to reform the current judicial discipline process for federally appointed judges. The reform will examine the standards by which judges will be measured; the process of review of allegations of misconduct against judges; the Minister of Justice’s role in the review process; the appeal process; administrative matters to take into account during the judicial discipline process; and options to formalize CJC’s authority to impose sanctions and remedial measures. Identifying funding mechanisms for a continuing strategy to ensure secure and adequate funding for the judicial discipline process within CJC, including Inquiry Committees is also a key issue to be addressed.

The DOJ has engaged stakeholders and members of the public on their views towards the issues at hand and is currently working with the Canadian Superior Courts Judges Association and the Canadian Judicial Council to determine the best means of legislative reform to improve the accountability, transparency, fairness and efficiency of the existing process. Should a new permanent funding mechanism for judicial discipline be created that negates the need for supplementary funding, the transitional funding will be terminated in the year proceeding the implementation of the new funding model.

Funding for Programming related to Judicial Appointments and International Cooperation

What are the 3 key messages for the Minister:

• What are the main objectives of this initiative/program? (e.g. Budget provided funding to do…)
  • Incremental funding to support administration of Judicial Appointment Committees and to provide a new and permanent source of funding for Supreme Court of Canada Appointment processes.
  • Support and provision of advice and guidance related to the involvement of Canadian judges in judicial international cooperation projects.
• Explain how the initiative/program is linked to the Government’s priorities (Speech of the Throne, Budget, Mandate Letter)
  • Access to justice
  • Respecting rule of law
• Positive Impacts – Explain how Canadians benefit from this initiative/program. Provide a good success story.
  • Access to justice is a foundation of Canadian Society;
  • Funding will contribute to activities aimed at strengthening the Canadian judiciary and supporting Canada’s court system that is accessible, fair and efficient.

Funding

Background:

Under the Judges Act, the functions of the Commissioner for FJA include such duties as the Minister of Justice may require in connection with matters falling, by law, within the Minister’s responsibilities for the proper functioning of the judicial system in Canada. This includes:

1. Administering the process to superior courts judicial appointments including the appointment of prothonotaries to the Federal Court;
2. Administering the process for the Supreme Court of Canada judicial appointments, including support to an Independent Advisory Board and preparation of and briefing of the selected nominees for appointment;
3. Coordinating activities related to the involvement of Canadian judges in judicial international cooperation projects.

The funding represents a permanent increase to FJA’s voted appropriations, for programming and initiative for which we previously had no core funding.

[Redacted] The funding supports a process for appointing Supreme Court of Canada Justices that is open, transparent, sets a high standard for accountability, and aligns with FJA’s Program Alignment Architecture, which contributes to the government’s strategic outcome for an independent and efficient federal judiciary. It also conforms to the Minister of Justice’s mandate and responsibilities regarding the administration of justice and upholding respect for the independence of the courts

The need for a strong and effective International Programs division within FJA arises from international judicial commitments made by Canada and other donor countries. It is the ideal vehicle to promote the Canadian judicial system as a valuable assistance product in developing countries and countries in transition and most significantly in fragile and failed states. FJA is the principal instrument of intervention in the international judicial arena on behalf of both the GoC and superior court judges. In addition to providing a range of services to Canadian judicial involvement in international cooperation, FJA is increasingly responding to requests from foreign governments and intergovernmental organizations for information or for shorter and on-time initiatives related to the Canadian judicial system and its fundamental principles and constituent elements, as well as organising programs for visiting delegations from foreign countries or organizationss.

Office of the Director of Public Prosecutions

2021-22 Main Estimates

Main Estimates - $203.33M:

The Main Estimates of $203.33M is net of revenues credited to the vote ($22.74M). It includes $183.74M for program expenditures (voted) and $19.59M for employee benefit plans (statutory).

Overall, the Main Estimates for fiscal year 2021-22 have a net increase of $2.63M from the 2020-21 total Main Estimates ($200.70M). The increase in funding is primarily attributable to increasing salaries following the ratification of collective agreements

Main Estimates by Program

The distribution of the Main Estimates by Program:

• The distribution by program of the budget is roughly:
  • 86.03% for Prosecution Services Program ($174.92M).
  • 13.97% for Internal Services ($28.41M net of revenues credited to the vote of $0.2M for IM/IT services provided to the Northern Offices of Justice Canada).

2021-22 Main Estimates by Standard Object

• The distribution of 2021-22 Main Estimates by Standard Object:
  • 74.73% for Personnel costs and EBP ($151.94M).
  • 26.62% for Professional and Special Services ($54.12M).
  • 9.84% for Other Operating costs ($20.01M):
    • Transportation: $7.16M
    • Purchase, repair and maintenance: $3.71M
    • Payments to Other government services for shared services $2.95M
    • Acquisitions of machinery & equipment: $2.14M
    • Rentals: $2.03M
    • Utilities, materials & Supplies: $1.50M
    • Information: $0.52M
  • Less 11.18% for expenditures recovered from Other Government Departments and agencies for prosecution services ($22.54M) and internal services to Justice in the Northern Offices ($0.2M).

Annex: Speaking Notes

• The 2021-22 Main Estimates of the Office of the Director of Public Prosecutions (ODPP) total $203.33M including:
  • $183.74M for program expenditures (total voted).
  • $19.59M for statutory expenditures (contributions to employee benefit).
  • 74.73% of the funds allocated cover employee salary costs and benefit programs ($151.94M).
  • The largest operation and maintenance cost, $54.12M, covers the costs of legal agents. Legal agents increase the capacity of the ODPP in remote areas and on simpler prosecutions.
  • The other major operating costs are operational travel ($7.16M), payment of lawyers’ membership fees to law societies, and training.

Questions & Answers

• What are the Main Estimates (budget) for fiscal year 2021-22?
  • The budget for the coming fiscal year totals $203,331,027. This represents a 1.29% ($2,632,482) increase over the 2020-21 Main Estimates of $200,698,545.
• What represents the 1.29% ($2,632,482) increase over the 2020-21 Main Estimates?
  • The $2,632,482 increase relates to the increasing salaries following the ratification of collective agreements.
• What was the impact of COVID-19 on revenues and expenditures?
  • The impact of COVID-19 was felt on the departmental 2020-21 revenues (25% reduction) and program expenditures (4% reduction) in comparison with the previous fiscal year, mostly explained by:
    • Agents, as there was a lower demand in service;
    • Salary, due to delays in staffing; and
    • Travel, since court trials were suspended or held virtually.
• What was ODPP’s response to the COVID-19 Pandemic?
  • In response to COVID Pandemic, we have made technology investments to support continuity of remote operations in the following main areas:
    • User technology devices to support workforce mobility.
    • Software products supporting remote collaboration and web conferencing services.
    • Technology devices and secure containers in support of processing of sensitive information remotely.
    • E-disclosure pilot project
• What will be the surplus at the end of this fiscal year?
  • The surplus amount will be known at the end of the fiscal year when all expenses are consolidated. This information will be published in the Public Accounts of Canada.
• Will the ODPP have to ask for more money later in the year (e.g. Supplementary Estimates)?
  • New initiatives might need to be funded through the Supplementary Estimates process.
• Are you expecting new funding through Supplementary Estimates C 2020-21?
  • Through the introduction of the bill for Supplementary Estimates 2020-21 in March 2021, the ODPP will receive an additional $3.31M in funding for the ratification of collective agreements:
    • $2.57M - Program Administration Services (PA) group,
    • $0.73M - Phoenix Damages,
    • $0.01M - Education and Library Science (EB) group.

Registrar of the Supreme Court of Canada

• The proposed funding in the 2021-22 Main Estimates for the Registrar of the Supreme Court of Canada serves to support Canada’s final court of appeal in processing, hearing and deciding cases. The funding also supports communications and outreach to various stakeholders.
• The Court has a consistent record of meeting its objectives in processing cases without delay. The Court continues to invest in enhancing electronic processing of cases, as well as supporting remote hearings and telework.
• The Registrar continues to dedicate resources aimed at ensuring its communications and outreach strategies remain effective and continue to meet the evolving needs of Canadians. By way of these Main Estimates, various initiatives will continue in 2021-22, including ‘Cases in Brief’ which are plain language summaries of the Court’s decisions and the ‘Year in Review’, an annual document describing the Court’s activities during the preceding year. It will also look to extend outreach activities available on-line, such as the successful remote Tour of the Supreme Court of Canada Building that it initiated during the pandemic.
• The total 2021-22 proposed Main Estimates for the Registrar of the Supreme Court of Canada is $39.2 million versus $38.0 million in 2020-21, which represents a net increase of $1.2 million.
• The $1.2 million increase is mainly explained by:
  • An increase of $0.63 million for negotiated salary increases and the accompanying Employee Benefit Plan;
  • An increase of $0.55 million for Judges’ salaries, allowances, annuities and operational forecasts in accordance with the provisions of the Judges Act;
  • A one-time increase of $0.08 million for new funding for Supporting Court Operations and Access to Justice as identified in the Fall Economic Statement 2020;
  • A net decrease of $0.06 related to other minor adjustments
• Question: What will the new funding of $0.08 million for Supporting Court Operations and Access to Justice be used for?
  • Answer: The new funding will support the Court by hiring temporary Registry staff to assist in modernizing electronic case filing processes.
• Question: Why did the funding for the Judges of the Supreme Court of Canada increase?
  • Answer: Judges’ salaries, annuities and operating forecasts are revised annually in accordance with the provisions of the Judges Act.

Funding

Background:

The total planned authorities for 2020-21 are higher than the Main Estimates for 2021-22 because the Main Estimates have not been adjusted for items such as the operating budget carry-forward, paylist requirements, whereas the 2020-21 authorities include all these adjustments.

The funding for the resumption of court operations is higher in 2020-21 than it is in 2021-22, which explains in part the decrease between both fiscal years.

• Previous Page
• Table of Contents