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3.1.1 Mandate, Role and Responsibilities
The Constitution Act, 1867, provides that provincial jurisdiction extends over "Property and Civil Rights," meaning that the negotiation of collective agreements containing terms and conditions of employment for employees is regulated by the provinces. The Constitution, however, assigns exclusive jurisdiction to Parliament over specific sectors of the economy, and as such, it has seen fit to enact laws regulating employment matters within those sectors that have constitutionally been reserved to it. Laws governing the federal jurisdiction are contained in the Code, which is divided into three parts:
Part I - Industrial Relations
Part II - Occupational Health and Safety
Part III - Labour Standards
Part I of the Code sets out the terms under which trade unions may acquire the legal right to represent employees in the negotiation of collective agreements with their employer. It also delineates the process under which collective bargaining takes place and provides remedies to counter infractions committed by any party subject to the Code's provisions.
Part I of the Code had remained virtually unchanged since 1972. However, with the coming into force on January 1, 1999, of Bill C-19, an Act to amend the Canada Labour Code (Part I), R.S. 1998, c. 26, significant changes were made to the Code in an effort to modernize it and improve the collective bargaining process for federally regulated industries. The Act replaced the Canada Labour Relations Board with the Canada Industrial Relations Board as 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 Canada Industrial Relations Board's mandate is to contribute to and to promote effective industrial relations in any work, undertaking or business that falls within the authority of the Parliament of Canada. |
In support of its mandate, the Board established the following vision and values:
In the discharge of its mandate and the exercise of its powers, the Board aims to be progressive and innovative, efficient and effective, open and accountable. The working environment at the Board promotes learning and development, harmony, teamwork and respect. |
The Board's role is to exercise its powers in accordance with the Preamble and provisions of the Code, which state that Parliament considers "the development of good industrial relations to be in the best interests of Canada in ensuring a just share of the fruits of progress to all." To that end, the Board aims to be responsive to the needs of the industrial relations community across Canada.
3.1.2 Departmental Organization
The Board, as provided for in the Code, is composed of the Chairperson, two or more full time Vice-Chairpersons, not more than six full-time Members (of which not more than three represent employers and not more than three represent employees) and any other part-time Members (representing, in equal numbers, employees and employers) necessary to discharge the responsibilities of the Board. All are appointed by the GIC: the Chairperson and the Vice-Chairpersons for terms not to exceed five years, the Members for terms not to exceed three years. (Information on Board Members can be found at www.cirb-ccri.gc.ca/about/members/index_e.asp.)
The Chairperson is the chief executive officer of the Board. The provisions of the Code assign to the Chairperson supervision over, and direction of, the work of the Board, including:
The Board's headquarters are located in the National Capital Region. Support to the Board is provided by the Executive Director, reporting directly to the Chairperson. The Executive Director is responsible for regional operations, case management, client and corporate services, financial services and human resources. The Legal Services Branch provides legal assistance as required by the Board and its units and the General Counsel also reports directly to the Chairperson of the Board.
The Board also has five regional offices in Dartmouth, Montreal, Ottawa, Toronto and Vancouver, with a satellite office in Winnipeg. These offices are staffed by labour relations professionals and case management teams. Each regional office is headed by a regional director, who reports to the Executive Director in Ottawa.
Toll-free: 1-800-575-9696
People who use TTY should place calls with the assistance of a Bell Relay Service operator at: 1-800-855-0511
E-mail: info@cirb-ccri.gc.ca
Web site: http://www.cirb-ccri.gc.ca
Further information on how to contact the regional offices can be found at http://www.cirb-ccri.gc.ca/contact/index_e.asp.
Financial Summary Tables
The following tables are applicable to the Board:
Table 1 - Comparison of Planned to Actual Spending (including FTEs)
Table 2 - Resources by Program Activity
Table 3 - Voted and Statutory Items
Table 4 - Services Received Without Charge
Table 5 - Financial Statements
Table 6 - Response to Parliamentary Committees, and Audits and Evaluations for Fiscal Year 2006-07
Table 7 - Travel Policies
Table 1 - Comparison of Planned to Actual Spending (including FTEs)
This table offers a comparison of the Main Estimates, Planned Spending, Total Authorities, and Actual Spending for the most recently completed fiscal year, as well as historical figures for Actual Spending. The Total Authorities granted to the Board were approximately $299,000 more than originally planned. The additional authorities consisted mainly of:
Actual spending represented 92% of authorized amounts.
($ thousands) |
2004-05 Actual |
2005-06 Actual |
2006-07 |
|||
Main Estimates |
Planned Spending |
Total Authorities |
Total Actuals |
|||
Administration and interpretation of Part I (Industrial Relations) and certain provisions of Part II (Occupational Health and Safety) of the Canada Labour Code |
12,439.3 |
12,286.9 |
12,396.0 |
12,366.0 |
12,665.2 |
11,658.2 |
Total |
12,439.3 |
12,286.9 |
12,396.0 |
12,366.0 |
12,665.2 |
11,658.2 |
Less: Non respendable revenue* |
-0.9 |
-1.1 |
N/A |
0.0 |
N/A |
-0.9 |
Plus: Cost of services received without charge |
2,462.4 |
2,785.9 |
N/A |
2,941.0 |
N/A |
2,822.4 |
Total for the Board Spending |
14,900.9 |
15,071.7 |
N/A |
15,307.0 |
N/A |
14,479.7 |
Full-time Equivalents |
105 |
104 |
N/A |
117 |
N/A |
103 |
* The non-respendable revenue consists essentially of fees collected for access to information requests and parking fee reimbursements.
Table 2 - Resources by Program Activity
The following table provides information on how resources are used for the most recently completed fiscal year.
2006-07 |
||||
($ thousands) |
Budgetary |
|||
Program Activity |
Operating |
Total: Gross Budgetary Expenditures |
Less: Respendable Revenue |
Total: Net Budgetary Expenditures |
Administration and interpretation of Part I (Industrial Relations) and certain provisions of Part II (Occupational Health and Safety) of the Canada Labour Code |
|
|
|
|
Main Estimates |
12,396.0 |
12,396.0 |
0.0 |
12,396.0 |
Planned Spending |
12,366.0 |
12,366.0 |
0.0 |
12,366.0 |
Total Authorities |
12,665.2 |
12,665.2 |
0.6 |
12,664.9 |
Actual Spending |
11,658.2 |
11,658.2 |
0.0 |
11,658.2 |
Table 3 - Voted and Statutory Items
This table explains the way Parliament votes resources to the CIRB and basically replicates the summary table listed in the Main Estimates. Resources are presented to Parliament in this format. Parliament approves the votes funding and the statutory information is provided for information purposes.
($ thousands) |
2006-07 |
||||
Vote or Statutory Item |
Truncated Vote or Statutory Wording |
Main Estimates |
Planned Spending |
Total Authorities |
Total Actuals |
10 |
Operating Expenditures |
10,822.0 |
10,792.0 |
11,398.5 |
10,391.8 |
(S) |
Contributions to Employee Benefit Plans |
1,574.0 |
1,574.0 |
1,266.4 |
1,266.4 |
(S) |
Crown Assets Surplus |
0.0 |
0.0 |
0.3 |
0.0 |
|
Total |
12,396.0 |
12,366.0 |
12,665.2 |
11,658.2 |
Table 4 - Services Received Without Charge
($ thousands) |
2006-07 |
Accommodation provided by Public Works and Government Services Canada |
2,205.7 |
Contributions covering employers' share of employees' insurance premiums and expenditures paid by Treasury Board of Canada Secretariat (excluding revolving funds). Employers' contribution to employees' insured benefits plans and associated expenditures paid by TBS |
616.7 |
Salary and associated expenditures of legal services provided by the Department of Justice Canada |
0.0 |
Total 2006-07 Services Received Without Charge |
2,822.4 |
Table 5 - Financial Statements
Canada Industrial Relations Board
Statement of Management Responsibility
Responsibility for the integrity and objectivity of the accompanying financial statements for the year ended March 31, 2007, and all information contained in these statements rests with the Board's 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 fulfil its accounting and reporting responsibilities, management maintains a set of accounts that provides a centralized record of the Board's financial transactions. Financial information submitted to the Public Accounts of Canada and included in the Board'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 Board.
The financial statements of the Board have not been audited.
Canada Industrial Relations Board
Statement of Operations (unaudited)
For the Year Ended March 31 |
2007 |
2006 |
|
(in dollars) | |||
Expenses | |||
Salaries and employee benefits | 9,716,573 | 9,504,892 | |
Accommodation | 2,206,000 | 2,167,453 | |
Professional and special services | 884,921 | 957,776 | |
Travel and relocation | 681,556 | 609,273 | |
Communication | 416,349 | 381,670 | |
Equipment | 124,528 | 293,863 | |
Equipment rentals | 170,912 | 172,830 | |
Amortization | 454,078 | 155,982 | |
Repairs and maintenance | 139,146 | 125,252 | |
Utilities, materials and supplies | 151,872 | 141,762 | |
Information | 11,905 | 15,462 | |
Miscellaneous | 132 | 433 | |
Total Expenses |
14,957,972 |
14,526,648 | |
Revenues | |||
Miscellaneous revenues |
965 |
1,066 |
|
Total Revenues |
965 |
1,066 |
|
Net Cost of Operations |
14,957,007 |
14,525,582 |
The accompanying notes form an integral part of these financial statements.
Canada Industrial Relations Board
Statement of Financial Position (unaudited)
At March 31 |
2007 |
2006 |
||
(in dollars) | ||||
Assets | ||||
Financial Assets | ||||
Accounts receivable (Note 4) | 374,925 | 247,994 | ||
Advances | 4,900 | 6,900 | ||
Total Financial Assets | 379,825 | 254,894 | ||
Non-financial Assets | ||||
Tangible capital assets (Note 5) | 2,654,827 | 3,024,205 | ||
Total | 3,034,652 | 3,279,099 | ||
Liabilities and Equity of Canada | ||||
Liabilites | ||||
Accounts payable and accrued liabilities | 993,559 | 1,057,618 | ||
Vacation pay and compensatory leave | 444,245 | 428,880 | ||
Lease obligation for tangible capital assets (Note 6) | 0 | 2,036 | ||
Employee severance benefits (Note 7) | 1,653,381 | 1,484,295 | ||
3,091,185 |
2,972,829 |
|||
Equity of Canada |
(56,533) |
306,270 |
||
Total |
3,034,652 |
3,279,099 |
The accompanying notes form an integral part of these financial statements.
Canada Industrial Relations Board
Statement of Equity of Canada (unaudited)
For the Year Ended March 31 |
2007 |
2006 |
(in dollars) | ||
Equity of Canada, beginning of year | 306,270 | (725,283) |
Net cost of operation | (14,957,007) | (14,525,582) |
Current year appropriations used (Note 3) | 11,658,196 | 12,286,944 |
Revenue not available for spending | (965) | (1,066) |
Change in net position in the Consolidated Revenue Fund (Note 3) | 114,281 | 485,414 |
Services provided without charge from other government departments (Note 8) |
2,822,692 |
2,785,843 |
Equity of Canada, end of year |
(56,533) |
306,270 |
The accompanying notes form an integral part of these financial statements.
Canada Industrial Relations Board
Statement of Cash Flow (unaudited)
For the Year Ended March 31 |
2007 |
2006 |
|
(in dollars) | |||
Operating Activities | |||
Net cost of operations | 14,957,007 | 14,525,582 | |
Non-cash items: | |||
Amortization of tangible capital assets | (454,078) | (155,982) | |
Services received without charge | (2,822,692) | (2,785,843) | |
Variations in Statement of Financial Position | |||
Decrease (increase) in liabilities | (118,356) | 832,712 | |
Increase (decrease) in accounts receivable and advances | 124,931 | (213,426) | |
Cash used by operating activities | 11,686,812 | 12,203,043 | |
Capital Investment Activities | |||
Acquisitions of tangible capital assets (Note 3) | 84,700 | 568,249 | |
Cash used by capital investment activities | 84,700 | 568,249 | |
Financing Activities | |||
Net cash provided by Government of Canada | (11,771,512) | (12,771,292) | |
Cash used by financing activities | (11,771,512) | (12,771,292) | |
Net Cash Used | 0 | 0 | |
Cash, beginning of year | 0 | 0 | |
Cash, end of year |
0 |
0 |
The accompanying notes form an integral part of these financial statements.
Canada Industrial Relations Board
Notes to the Financial Statements (unaudited)
1. Authority and Objectives
The Canada Industrial Relations Board (CIRB) is an independent, representational, quasi-judicial tribunal responsible for the interpretation and application of the Canada Labour Code, Part I, Industrial Relations, and certain provisions of Part II, Occupational Health and Safety. It was established in January 1999 through amendments to Part I of the Canada Labour Code. The objective of the Board is to contribute to and to promote effective industrial relations in any work, undertaking or business that falls within the authority of the Parliament of Canada.
2. 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.
Significant accounting policies are as follows:
(a) Parliamentary appropriations
The Board is financed by the Government of Canada through Parliamentary appropriations. Appropriations provided to the Board 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 Board operates within the Consolidated Revenue Fund (CRF), which is administered by the Receiver General for Canada. All cash received by the Board is deposited to the CRF and all cash disbursements made by the Board 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 Board. It results from timing differences between when a transaction affects appropriations and when it is processed through the CRF.
(d) Expenses
Expenses are recorded on the accrual basis:
(e) Employee future benefits
(f) Accounts receivable
Most receivables recorded by the Board are from other government departments. Recovery is considered certain and a provision has not been made.
(g) Tangible capital assets
All tangible capital assets and leasehold improvements having an initial cost of $7,000 or more are recorded at their acquisition cost.
Amortization of tangible capital assets is done on a straight-line basis over the estimated useful life of the asset as follows:
Asset Class | Amortization Period |
Informatics hardware | 3 years |
Informatics software | 3-10 years |
Furniture and equipment | 10 years |
Machinery and equipment | 5 years |
Leasehold improvements | Lesser of the remaining term of the lease or useful life of the improvement |
Leased tangible capital assets (machinery and equipment) |
5 years |
(h) 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 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
(a) Reconciliation of net cost of operations to current year appropriations used
|
2007 |
2006 |
|
(in dollars) | |||
Net Cost of Operations | 14,957,007 | 14,525,582 | |
Adjustments for items affecting net cost of operations but not affecting appropriations: | |||
Add (Less): | |||
Services provided without charge | (2,822,692) | (2,785,843) | |
Refund/reversal of previous year's expenses | 86,399 | 167,092 | |
Amortization of tangible capital assets | (454,078) | (155,982) | |
Employee severance benefits | (169,086) | (25,049) | |
Adjustments to capital assets | 0 | (17,957) | |
Vacation pay | (15,365) | 7,164 | |
Revenue not available for spending | 965 | 1,066 | |
GST refundable | 0 | (15) | |
Other | (11,690) | 0 | |
(3,385,547) | (2,809,524) | ||
Adjustments for items not affecting net cost of operations but affecting appropriations: | |||
Add (Less): | 84,700 | 568,249 | |
Acquisitions of tangible capital assets | 2,036 | 2,637 | |
Reduction of capital lease obligation | 86,736 | 570,886 | |
Current Year Appropriations Used |
11,658,196 |
12,286,944 |
(b) Appropriations provided and used
|
Appropriations provided |
|
2007 |
2006 |
|
(in dollars) Operating expenditures - Vote 10 |
10,822,000 |
10,344,000 |
(c) Reconciliation of net cash provided by Government to current year appropriations used
|
2007 |
2006 |
(in dollars) |
|
|
|
2007 |
2006 |
(in dollars) |
|
|
Cost |
Opening |
Acquisitions |
Transfers |
Closing |
(in dollars) Leasehold improvements |
263,333 |
|
0 |
263,333 |
|
3,728,554 |
84,700 |
0 |
3,813,254 |
Accumulated Amortization |
Opening |
Acquisitions |
Transfers |
Closing |
(in dollars) Leasehold improvements |
37,772 |
119,777 |
0 |
157,549 |
|
704,349 |
454,078 |
0 |
1,158,427 |
Net Book Value |
3,024,205 |
|
|
2,654,827 |
6. Lease Obligation for Tangible Capital Assets
The Board has entered into agreements to rent machinery under capital lease with a cost of $12,772 and accumulated amortization of $12,772 as at March 31, 2007 ($12,772 and $10,643 respectively as at March 31, 2006). The obligation for the upcoming years include the following:
|
2007 |
2006 |
(in dollars) Future lease payments |
0 |
2,070 |
(a) Pension benefits
The Board'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% 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 Board contribute to the cost of the Plan. The 2007 expense amounts to $933,324 ($1,025,444 in 2006), which represents approximately 2.2 times (2.6 in 2005-06) the contributions by employees.
The Board'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 Board 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:
|
2007 |
2006 |
(in dollars) Accrued benefit obligation, beginning of year |
1,484,295 |
1,459,246 |
The Board is related as a result of common ownership to all Government of Canada departments, agencies, and Crown corporations. The Board enters into transactions with these entities in the normal course of business and on normal trade terms. Also, during the year, the Board received services that were obtained without charge from other Government departments as presented in part (a).
(a) Services provided without charge
During the year, the Board received without charge from other departments, accommodation and the employer's contribution to the health and dental insurance plans. These services without charge have been recognized in the Board's Statement of Operations as follows:
|
2007 |
2006 |
(in dollars) Accommodation |
2,205,694 |
2,167,453 |
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 costs 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 Board's Statement of Operations.
(b) Payables and receivables outstanding at year-end with related parties
|
2007 |
2006 |
(in dollars) Accounts receivable with other government departments and agencies |
322,437 |
185,672 |
Table 6 - Response to Parliamentary Committees, and Audits and Evaluations for Fiscal Year 2006-07
Response to Parliamentary Committees |
No recommendations were received. |
Response to the Auditor General including to the Commissioner of the Environment and Sustainable Development (CESD) |
To follow up. |
External Audits (Note: These refer to other external audits conducted by the Public Service Commission of Canada or the Office of the Commissioner of Official Languages.) |
No external audits or evaluations were conducted. |
Internal Audits or Evaluations |
No internal audits or evaluation were conducted. |
The CIRB's Travel Policy complies with the Treasury Board Travel Directive with respect to its application to all Board staff and GIC appointees. In the case of GIC appointees, the CIRB generally adheres to the Special Travel Authorities applicable to GICs, as set out in the Treasury Board Travel Directive, with certain restrictions with respect to meal allowances and accommodation and the directives on business class air travel. |