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2009-10
Departmental Performance Report



Office of the Superintendent of Financial Institutions






Supplementary Information (Tables)






Table of Contents




Sources of Respendable and Non-Respendable Revenue

This table identifies revenues by program activity received from sources both internal and external to the government. For 2009-2010, OSFI’s total revenues were $111.1 million, including non-respendable revenue of $39 thousand for the collection of Late and Erroneous Filing Penalties. The respendable revenues are largely comprised of asset- or premium-based industry assessments, surcharge assessments to staged institutions, and user fees for specific services related to Regulatory Approvals.

Respendable Revenues

The table below illustrates sources of Respendable Revenue on a modified cash basis; however, OSFI recovers its costs through assessments and user fees billed on the accrual basis of accounting.  The differences between the accounting methodologies give rise to fluctuations in revenues from year to year.

Commencing in the 2009-2010 Estimates cycle, the resources for the Internal Services program activity are displayed separately from other program activities; they are no longer distributed among the remaining program activities.  Comparative figures have been restated to conform to the presentation adopted in 2009-2010. 

As OSFI must fully recover its costs for all programs other than the Office of the Chief Actuary, which is partially funded by a parliamentary appropriation, respendable revenue in the Main Estimates were allocated to each program, including Internal Services, to match revenues to costs and plan spending at zero on a modified cash basis.  Actual revenues billed and received, however, were recorded in a Responsibility Centre within the Internal Services program, resulting in variances between the Main Estimates and Actual revenues in both the Regulation and Supervision of Federally Regulated Financial Institutions and Internal Services programs.  During 2010-2011, OSFI will be making amendments to ensure consistency between its planning and reporting processes.

Respendable Revenue
($ millions)
Program
Activity
Actual
2007-2008
Actual
2008-2009
2009-2010
Main
Estimates
Planned
Revenue
Total
Authorities
Actual
(1) Regulation and Supervision of Federally Regulated Financial Institutions
Base Assessments $0.0 $0.0 $46.4 $46.4 $46.4 $0.0
User Fees and Charges $1.3 $0.9 $2.0 $2.0 $2.0 $0.6
Cost-Recovered Services $2.1 $0.8 $0.2 $0.2 $0.2 $0.5
Subtotal $3.3 $1.7 $48.6 $48.6 $48.6 $1.1
(2) Regulation and Supervision of Federally Regulated Private Pension Plans
Pension Plan Fees $7.2 $8.2 $4.8 $4.8 $4.8 $8.5
(3) International Assistance
Cost-Recovered Services $1.6 $1.6 $1.7 $1.7 $1.7 $1.7
(4) Office of the Chief Actuary
User Fees and Charges $0.0 $0.1 $0.1 $0.1 $0.1 $0.0
Cost-Recovered Services $4.5 $4.7 $3.3 $3.3 $3.3 $5.3
Subtotal $4.5 $4.8 $3.4 $3.4 $3.4 $5.3
(5) Internal Services
Base Assessments $70.1 $81.7 $35.8 $35.8 $35.8 $90.5
Pension Plan Fees $0.0 $0.0 $2.1 $2.1 $2.1 $0.0
User Fees and Charges $1.9 $1.6 $0.0 $0.0 $0.0 $2.9
Cost-Recovered Services $1.4 $0.5 $2.8 $2.8 $2.8 $1.1
Subtotal $73.4 $83.8 $40.7 $40.7 $40.7 $94.5
Total Respendable Revenue $90.0 $100.1 $99.2 $99.2 $99.2 $111.1

The increase in respendable revenues in 2009-2010 from the previous year is explained in the “Performance Summary” and “Expenditure Profile” sections of OSFI’s 2009-2010 Departmental Performance Report.  In addition, on the modified cash basis of accounting, OSFI had a greater inflow of funds than outflows than planned during 2009-2010 in each program.  This is largely the result of collections during the year of outstanding accounts receivable pertaining to 2008-2009, and of base assessments and pension fees for the current year, which explains the variances between 2009-2010 actuals and total authorities.Revenue by Type

Total 2009-2010 respendable revenues were $111.1 million, an increase of $11.0 million (11.0%) over the previous year’s total of $100.1 million. Base Assessments of $90.5 million accounted for 81.5% of total revenue and represented an increase of $8.8 million over the previous year. This increase is attributed to higher costs in the Regulation and Supervision of Federally Regulated Financial Institutions program activity, largely due to an increase in FTEs, normal economic and merit increases in employee compensation and the 15-basis-point increase in the Employee Benefit Plan rate as prescribed by Treasury Board Secretariat.

Respendable Revenue 2005-06 to 2009-10 Cost recovered services revenue was $8.6 million, up $1.0 million (13.2%) from the previous year, largely due to cost increases for the Office of the Chief Actuary related to hosting of the 2009-2010 International Social Security Association conference, an increase of 2.6 FTEs and planned increases in employee compensation.  User fees and charges were $3.5 million, up $0.9 million (34.6%) from the previous year, while pension plan fees increased by $0.3 million (3.7%) to $8.5 million driven mainly by an increase in pension plan membership and higher cash receipts from pension plan fee billings resulting from increased efforts on outstanding accounts receivable collection.

Base assessments increased from 78.0% of total revenue in 2005-2006 to 81.5% in 2009-2010, while pension plan fees increased from 4.4% to 7.7%. Cost recovered services decreased over the same period from 10.2% to 7.7% largely due to the expiry, on October 31, 2007, of the Memorandum of Understanding with the large banks for the implementation of the internal ratings-based approach (IRB) of the New Capital Adequacy Framework (Basel II). User pay and charges also decreased over this period from 7.3% to 3.1% as a result of the rationalization of the user-pay regime that came into effect on April 28, 2006.

Non-Respendable Revenues

OSFI’s non-respendable revenues are entirely related to late and erroneous filing penalties. Effective 2002-2003, OSFI began collecting late and erroneous filing penalties from financial institutions that submit late and/or erroneous financial and corporate returns. On August 31, 2005 the Administrative Monetary Penalties (OSFI) Regulations came into force. These Regulations implement an administrative monetary penalties regime pursuant to which the Superintendent can impose penalties in respect of specific violations, as designated in the schedule to the Regulations. These Regulations incorporate the late and erroneous filing penalty regime and replace the Filing Penalties (OSFI) Regulations. These penalties are billed quarterly, collected and remitted to the Consolidated Revenue Fund. By regulation, OSFI cannot use these funds to reduce the amount that it assesses the industry in respect of its operating costs.

Non-Respendable Revenue
($ millions)
Program
Activity
Actual
2007-2008
Actual
2008-2009
2009-2010
Main
Estimates
Planned
Revenue
Total
Authorities
Actual
1) Regulation and Supervision of Federally Regulated Financial Institutions
Filing Penalties $0.4 $0.5 $0.5 $0.5 $0.5 $0.0
Total Non-respendable Revenue $0.4 $0.5 $0.5 $0.5 $0.5 $0.0

The 2009-2010 Filing Penalty revenues of $0.0 million included a reversal of $0.1 million related to filing penalties levied in 2008-2009 that were reversed in 2009-2010 as a result of appeal processes. Filing Penalty revenues were lower than planned in 2009-2010 due to more timely and accurate filing of financial and corporate returns by financial institutions.



User Fees Reporting

Table A: User Fees

User Fee: Superintendent Non-deemed Approvals Except Deposit and Trust Agreements and Letters of Credit

S1-21 Approval to maintain a representative office of a foreign bank
S1-40 Reservation of a name
S2-02 Accreditation of a provincial reinsurer

Fee Type: Regulatory (R)
Fee-setting Authority: OSFI Act
Date Last Modified: April 28, 2006
Performance Standards 1: 90% will be processed in less than 60 calendar days of receipt
Performance Results1: 99% were processed in less than 60 calendar days of receipt

($ thousands)
2009-2010 Planning Years
Forecast Revenue Actual Revenue Full Cost Fiscal Year Forecast Revenue Estimated Full Cost
41 42 42 2010-2011 46 46
2011-2012 46 46
2012-2013 46 46

 

User Fee: Ministerial Approvals

S1-01 Letters patent of incorporation
S1-02 Letters patent of continuance
S1-03 Order permitting a foreign bank to carry on banking business in Canada
S1-04 Order approving the insuring in Canada of risks by a foreign body corporate
S1-14 Exemption from material banking group status
S1-15 Approval for a foreign bank or entity associated with a foreign bank to have a financial establishment in Canada
S1-16 Approval for a foreign bank or entity associated with a foreign bank in respect of investments and activities in Canada

Fee Type: R
Fee-setting Authority: OSFI Act
Date Last Modified: April 28, 2006
Performance Standards1: 80% will be processed in less than 90 calendar days of receipt
Performance Results1: 100% were processed in less than 90 calendar days of receipt

($ thousands)
2009-10 Planning Years
Forecast Revenue Actual Revenue Full Cost Fiscal Year Forecast Revenue Estimated Full Cost
747 676 676 2010-2011 845 845
2011-2012 845 845
2012-2013 845 845

 

User Fee: Precedents /  Rulings / Interpretations

S2-01 Written, precedent-setting ruling relating to the quality of capital
S2-03 Written interpretation of Acts, regulations, guidelines or rulings

Fee Type: R

Fee-setting Authority: OSFI Act
Date Last Modified: August 13, 2003
Performance Standards1: 80% will be processed in less than 180 calendar days of receipt
Performance Results1: 96% were processed in less than 180 calendar days of receipt

($ thousands)
2009-10 Planning Years
Forecast Revenue Actual Revenue Full Cost Fiscal Year Forecast Revenue Estimated Full Cost
15 5 5 2010-2011 18 18
2011-2012 18 18
2012-2013 18 18

 

User Fee: Precedents /  Rulings / Interpretations

S2-01 Written, precedent-setting ruling relating to the quality of capital
S2-03 Written interpretation of Acts, regulations, guidelines or rulings

Fee Type: R
Fee-setting Authority: OSFI Act
Date Last Modified: August 13, 2003
Performance Standards1: 80% will be processed in less than 180 calendar days of receipt
Performance Results1: 96% were processed in less than 180 calendar days of receipt

($ thousands)
2009-10 Planning Years
Forecast Revenue Actual Revenue Full Cost Fiscal Year Forecast Revenue Estimated Full Cost
15 5 5 2010-2011 18 18
2011-2012 18 18
2012-2013 18 18

 

User Fee: Non-precedential Confirmations of Quality of Capital

S2-04 Written, non-precedent-setting confirmation of quality of capital

Fee Type: R
Fee-setting Authority: OSFI Act
Date Last Modified: August 13, 2003
Performance Standards1: 90% will be processed in less than 60 calendar days of receipt
Performance Results1: 97% were processed in less than 60 calendar days of receipt

($ thousands)
2009-10 Planning Years
Forecast Revenue Actual Revenue Full Cost Fiscal Year Forecast Revenue Estimated Full Cost
160 109 109 2010-2011 166 166
2011-2012 166 166
2012-2013 166 166

 

User Fee: Copies of Corporate Documents and Certificates of Confirmation
S2-10 Copies of any one of the following corporate documents (per request and per body corporate): (a) a certificate of confirmation; (b) a certified copy of letters patent or of incorporation or amalgamation documents; and (c) the corporate history of a body corporate

Fee Type: Other Products and Services (O)
Fee-setting Authority: OSFI Act
Date Last Modified: August 13, 2003
Performance Standards1: 90% will be processed within 2 business days of receipt
Performance Results1: 100% were processed within 2 business days of receipt

($ thousands)
2009-10 Planning Years
Forecast Revenue Actual Revenue Full Cost Fiscal Year Forecast Revenue Estimated Full Cost
71 99 99 2010-2011 74 74
2011-2012 74 74
2012-2013 74 74

 

User Fee: Access to Information User Fees
Fees charged for processing access requests filed under the Access to Information Act

Fee Type: O
Fee-setting Authority: Access to Information Act
Date Last Modified: 1992

Performance Standards1: Response provided within 30 days following receipt of request; the response time may be extended pursuant to section 9 of the Access to Information Act. Notice of extension to be sent within 30 days after receipt of request. The Actprovides more details: http://laws.justice.gc.ca/en/A-1/218072.htm.

Performance Results1: Statutory deadline of 30 days met 100% of the time

($ thousands)
2009-10 Planning Years
Forecast Revenue Actual Revenue Full Cost Fiscal Year Forecast Revenue Estimated Full Cost
4 1 241 2010-2011 4 248
2011-2012 4 255
2012-2013 4 264

Other Information:

In July 2000, the Canada Customs and Revenue Agency ruled that most of the service charges are exempted from GST under the Excise Tax Act.

A fee is either identified as “Regulatory” (R) or “Other Products and Services” (O).  A Regulatory fee relates to an activity undertaken by a department that is integral to the effectiveness of a program and successful achievement of the program mandate requires moderating, directing, testing, or approving the actions of external parties. 

The full cost is based on the fiscal year salary levels according to collective agreements, the fiscal year Treasury Board benefit factors and OSFI’S factor for indirect costs.

1. Note: According to prevailing legal opinion, where the corresponding fee introduction or most recent modification occurred prior to March 31, 2004:

  • the performance standard, if provided, may not have received parliamentary review; and
  • the performance standard, if provided, may not respect all establishment requirements under the User Fee Act (e.g. international comparison; independent complaint address); and
  • the performance result, if provided, is not legally subject to section 5.1 of the UFA regarding fee reductions for unachieved performance service standards may not have received parliamentary review.


Table B: User Fees Totals

($ thousands)
2009-10 Planning Years
Forecast Revenue Actual Revenue Full Cost Fiscal Year Forecast Revenue Estimated Full Cost
Sub-Total (R) 963 832 832 2010-2011 1,075 1,075
2011-2012 1,075 1,075
2012-2013 1,075 1,075
Sub-Total (O) 75 100 340 2010-2011 78 322
2011-2012 78 329
2012-2013 78 338
Total 1,038 932 1,172 2010-2011 1,153 1,397
2011-2012 1,153 1,404
2012-2013 1,153 1,413

 

Table C - External Fees

External Fee Service Standard2 Performance Results3 Stakeholder Consultation
Superintendent Non-deemed Approvals Except Deposit and Trust Agreements and Letters of Credit

In March 2005, paying and non-paying stakeholders were asked to review and comment on the proposed service standards that were developed in response to the government’s policy that all user fees should be subject to an appropriate standard.  Stakeholders were generally supportive of OSFI’s proposed service standards and supported OSFI’s early implementation of the government’s policy. 

OSFI believes that having specific service standards serve to enhance OSFI’s accountability and transparency.  In 2006, the Regulations setting out OSFI’s user fees were substantially amended to reduce the number of services from 52 to 14, recognizing that the initial charges did not result in a significant redistribution of OSFI’s costs among FRFIs and that the charges did not recover a meaningful percentage of OSFI’s annual operating costs, which are primarily recovered through base assessments on FRFIs.  However, it is OSFI’s intention to keep the service standards in place for the services provided regardless of whether there is an associated fee.

OSFI continues to monitor and review the standards on an ongoing basis.
Approval to maintain a representative office of a foreign bank 90% will be processed in less than 60 calendar days of receipt 99% were processed in less than 60 calendar days of receipt
Reservation of a name
Accreditation of a provincial reinsurer
Ministerial Approvals
Letters patent of incorporation 80% will be processed in less than 90 calendar days of receipt 100% were processed in less than 90 calendar days of receipt
Letters patent of continuance
Order permitting a foreign bank to carry on banking business in Canada
Order approving the insuring in Canada of risks by a foreign body corporate
Exemption from material banking group status
Approval for a foreign bank or entity associated with a foreign bank to have a financial establishment in Canada
Approval for a foreign bank or entity associated with a foreign bank in respect of investments and activities in Canada
Precedents/ Rulings/ Interpretations
Written, precedent-setting ruling relating to the quality of capital 80% will be processed in less than 180 calendar days of receipt 96% were processed in less than 180 calendar days of receipt
Written interpretation of Acts, regulations, guidelines or rulings
Non-precedential Confirmations of Quality of Capital
Written, non-precedent-setting confirmation of quality of capital 90% will be processed in less than 60 calendar days of receipt 97% were processed in less than 60 calendar days of receipt
Copies of Corporate Documents and Certificates of Confirmation
Copies of any one of the following corporate documents (per request and per body corporate): (a) a certificate of confirmation; (b) a certified copy of letters patent or of incorporation or amalgamation documents; and (c) the corporate history of a body corporate 90% will be processed  within 2 business days of receipt 100% were processed within 2 business days of receipt
Access to Information User Fees  
Fees charged for processing access requests filed under the Access to Information Act Response provided within 30 days following receipt of request; the response time may be extended pursuant to section 9 of the Access to Information Act. Notice of extension to be sent within 30 days after receipt of request. The Act provides fuller details. Statutory deadlines met 100% of the time The service standard is established by the Access to Information Act and the Access to Information Regulations. Consultations with stakeholders were undertaken by the Department of Justice and the Treasury Board Secretariat for amendments done in 1986 and 1992.

Other Information: None

 

2. As established pursuant to the Policy on Service Standards for External Fees:

  • service standards may not have received parliamentary review; and
  • service standards may not respect all performance standard establishment requirements under the UFA (e.g. international comparison; independent complaint address).

3. Performance results are not legally subject to section 5.1 of the UFA regarding fee reductions for unachieved performance.



Green Procurement

Meeting Policy Requirements

1. Has the department incorporated environmental performance considerations in its procurement decision-making processes?

In progress: OSFI’s procurement needs are fairly standard (see question 2). OSFI continues to take advantage of green options in its procurement processes through the green considerations incorporated into PWGSC Standing Offers and Supply Arrangements.

In progress

2. Summary of initiatives to incorporate environmental performance considerations in procurement decision-making processes:

OSFI’s procurement needs are predominantly for commodity goods such as computers, printers, office supplies or furniture, and for informatics or other professional services including construction services.  OSFI continues to take advantage of tools such as Standing Offers and Supply Arrangements and in so doing, achieves the levels of green procurement that have been negotiated by PWGSC.

Green procurement training is part of the 2010-2011 training plans for key procurement positions.  OSFI will take advantage of opportunities identified in this training to further optimize its green procurement achievements.

3. Results achieved:

OSFI continues to capitalize on Standing Offers and Supply Arrangements negotiated by PWGSC with companies that supply environmentally preferable goods and services to optimize its green procurement.

4. Contributions to facilitate government-wide implementation of green procurement:

N/A

Green Procurement Targets

5. Has the department established green procurement targets?

No, however OSFI recognizes the importance of green procurement and takes advantage of opportunities such as PWGSC vehicles which already factor in green procurement.  We also endeavour to optimize the greening of procurement wherever possible through changes in our practices.  These opportunities are shared with key management and procurement services personnel.

No

6. Summary of green procurement targets:

N/A

7. Results achieved:

N/A



Table: Internal Audits and Evaluations

Internal Audits (2009-10 reporting period - covering 2008-2009 and 2009-10 Planning Period)

1. Name of Internal Audit 2. Audit Type 3. Status 4. Completion Date 5. Link to Report
Regulation Sector - Accounting Policy Division – Rule Making Participation in Standard Setting Regulation Sector - Rule Making Completed April 2010 2010 April - RS - Accounting Policy Division - Rule Making Participation in Standard Setting
Corporate Services - Information Technology - Security Access Corporate Services - IT Security Access Completed January 2010 2010 January - CS - Information Technology - Security Access Review
Corporate Services - Human Resources Payroll Corporate Services - Payroll Completed April 2010 2010 April - CS - Human Resources Payroll Review
Corporate Services - Finance - Revenue Corporate Services - Revenue In Progress 2010-11  
Corporate Services - Human Resources Performance Management Corporate Services - Performance Management In Progress 2010-11  
Regulation Sector -  Private Pensions Plan Division - Approvals Regulation Sector - Pensions Approvals In Progress 2010-11  
Supervision Sector - Supervision Operational Planning Supervision Sector - Supervision Operational Planning Completed April 2010 2010 April – Supervision Sector Operational Planning Process Review
Superintendent’s Office  - Risk Management Superintendent’s Office - Risk Management Planned 2010-11