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User Fees and Regulatory Charges/External Fees
User Fees and Regulatory Charges
User Fee: Pardons User fee ($50.00) from 1 April to 28 December and ($150.00) from 29 December to 31 March 2011
Fee Type: Other Products and Services
Fee-setting Authority: Treasury Board Decision #822475 (1995); #826954 (1999); #834603 (2008)
Date Last Modified: Fee introduced 1995, modified in 1999 and in 2010
Performance Standards: Indictable offences (3.5 months); Summary convictions (1.2 months); Proposal to deny/denials (14.7 months)
Performance Results: Adherence to established service standards for the first quarter of 2010-11 were upheld. As a result of the amendments brought to the Criminal Records Act (CRA) in June 2010, service standards prior to the amendments were no longer valid as the Board was not sufficiently funded to deal with the new complexity of work required to process a pardon application.
| 2010-11 ($ thousands) | Planning Years ($ thousands) | ||||
|---|---|---|---|---|---|
| Forecast Revenue | Actual Revenue | Full Cost | Fiscal Year | Forecast Revenue | Estimated Full Cost |
| 1,000 | 1,147 | TBD | 2011-12 | TBD | TBD |
| 2012-13 | TBD | TBD | |||
| 2013-14 | TBD | TBD | |||
Other Information:
On June 29, 2010, Bill C-23A “Limiting Pardons for Serious Crimes Act” came into force, amending the CRA. As a result,pardon program operations have changed significantly due to legislative amendments. With the coming into force of Bill C-23A, the pardon user fee became even further out of alignment with the cost the Board incurs to process a pardon application.
The Minister of Public Safety proposed to increase the pardon user fee to $150, which came into effect on December 29, 2010. The current $150 fee represents an interim measure and only covers a fraction of the costs incurred by the Board to deliver pardon services. The current fee of $150, from which the Board receives $135, covers the Board’s direct costs for work to process a pardon application under the pre-C-23A CRA. It does not cover the additional costs from Bill C-23A, or any other proposed amendments.
The Government is currently seeking to implement an increase to the fee which will respond to workload increases, and costs required to process a pardon application following the recent amendments to the CRA.
The performance standards and results stated above reflect standards and results which existed prior to the implementation of the amended legislation (i.e., the 3 first months of fiscal 2010-11). The performance standards ceased to be valid when the new legislation came into effect as the legislative amendments added greater complexity to the pardon process and thereby lengthened application processing times.
New performance standards, subject to the User Fees Act (UFA), will be implemented as soon as the new fees reflecting the new legislation are approved and implemented. In the meantime, the Board has publicly issued interim performance standards for the benefit of the users.
User Fee: Fees charged for the processing of access requests filed under the Access to Information Act (ATIA)
Fee Type: Regulatory Service
Fee-setting Authority: Access to Information Act (ATIA)
Date Last Modified: 1992
Performance Standards: Response provided within 30 days following receipt of request; the response time may be extended pursuant to section 9 of the ATIA. Notice of extension to be sent within 30 days after receipt of request. The ATIA provides fuller details: http://lois.justice.gc.ca/en/A-1/.
Performance Results: Response times 100% within Performance Standard: Access to Information Act - Total 54 requests: within 30 days = 44 requests; 31-60 days = 7 requests; 61-120 days = 3 requests; over 121 days = 0 request. Privacy Act - Total 741 requests: within 30 days = 644 requests; 31-60 days = 97 requests; 61-120 days = 0 request; over 121 days = 0 request.
| 2010-11 ($ thousands) | Planning Years ($ thousands) | ||||
|---|---|---|---|---|---|
| Forecast Revenue | Actual Revenue | Full Cost | Fiscal Year | Forecast Revenue | Estimated Full Cost |
| 0 | 0[1] | 264 | 2011-12 | 0 | 264 |
| 2012-13 | 0 | 264 | |||
| 2013-14 | 0 | 264 | |||
User Fees Totals
| 2010-11 ($ thousands) | Planning Years ($ thousands) | |||||
|---|---|---|---|---|---|---|
| Forecast Revenue | Actual Revenue | Full Cost | Fiscal Year | Forecast Revenue | Estimated Full Cost | |
| Sub-Total | 1,000 | 1,147 | TBD | 2011-12 | TBD | TBD |
| 2012-13 | TBD | TBD | ||||
| 2013-14 | TBD | TBD | ||||
| Sub-Total | 0 | 0 | 264 | 2011-12 | 0 | 264 |
| 2012-13 | 0 | 264 | ||||
| 2013-14 | 0 | 264 | ||||
| Total | 1,000 | 1,147 | TBD | 2011-12 | 0 | 264 |
| 2012-13 | 0 | 264 | ||||
| 2013-14 | 0 | 264 | ||||
Policy on Service Standards for External Fees
| External Fee | Service Standard | Performance Result | Stakeholder Consultation |
|---|---|---|---|
| Pardons User fee ($50.00) |
The established service standards were based on the following average processing times for pardon applications:
|
The pardon program adhered to the established service standards[2]. | N/A |
| Fee increased from $50 - $150 December 29, 2010 | Under development* | Under development* |
Consistent with the requirements of the UFA, the Board hosted an on-line consultation in April 2009. Only three comments were received during this period; each received an individualized response and no further correspondence was received. As no formal complaints were received during this consultation, it was not necessary to convene an Independent Advisory Panel (IAP) tasked with addressing complaints, as required under the UFA. |
| Fees charged for the processing of access requests filed under the ATIA | Response provided within 30 days following receipt of request; the response time may be extended pursuant to section 9 of the ATIA. Notice of extension to be sent within 30 days after receipt of request. The ATIA provides fuller details: http://lois.justice.gc.ca/en/A-1/. |
Response times 100% within Performance Standard. Response times 100% within Performance Standard: Access to Information Act - total 54 requests:
Privacy Act - Total 741 requests:
|
The service standard is established by the ATIA 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:
The pardon user fee ($50.00) performance standards and results stated above reflect standards and results which existed prior to the coming into force of Bill C-23A “Limiting Pardons for Serious Crimes Act” on June 29, 2010. These performance standards ceased to be valid when the new legislation came into effect as the legislative amendments added greater complexity to the pardon process and thereby lengthened application processing times.
*New performance standards, subject to the UFA, will be implemented as soon as the new fees reflecting the new legislation are approved and implemented. In the meantime, the Board published on its website and included within its correspondence to partners and stakeholders the following statement concerning standard processing times:
“As a result of the amendments to the CRA in June 2010, service standards proposed by the Parole Board of Canada prior to that date are no longer valid. New service standards, as required under the UFA, will be implemented once a fee reflecting the current costs of processing a pardon are approved and implemented”.
[1] The total user fees collected during the year was $205.00.
[2] Applicable for 1st quarter of year (April – June) until the legislative changes of Bill C-23A came into effect on June 29, 2010.
