Office of the Commissioner for Federal Judicial Affairs Canada - Report
Commissioner’s Message
As the Commissioner for Federal Judicial Affairs, I am pleased to present the Office's Departmental Performance Report for 2012‑2013. The Office of the Commissioner for Federal Judicial Affairs was created in 1978 under the Judges Act to provide support and services to the federal judiciary and promote the independence of the judiciary. An independent and effective judiciary is fundamental to our system of justice and I am proud of the role our Office plays in supporting that goal.
During the past year our Office continued to provide high quality services to 1100 federally appointed judges, as well as close to 900 pensioners and survivors. We provided support and administrative services to the Canadian Judicial Council and its committees. At the request of the Minister of Justice we provided administrative support to the judicial appointments process and the Supreme Court of Canada appointments process.
The following pages describe the activities undertaken in 2012‑2013 in furtherance of our mandate and particular steps that we have taken to improve and enhance the services we provide. These include a comprehensive review of all our services and business processes, an assessment of the controls in place, and ongoing improvements to our information management and supporting technology.
I wish to thank all of our staff for their excellent work during the year. Our success depends upon their dedication and professionalism.
William A. Brooks
Commissioner
SECTION I – ORGANIZATIONAL OVERVIEW
Raison d’être
The department provides services to the Canadian judiciary and promotes judicial independence. The Minister of Justice is responsible for this organization.
Mission Statement
To provide excellent services and support to the federal judiciary in a manner that promotes the independence of the judiciary and the confidence of Canadians in our judicial system.
Responsibilities
Section 73 of the Judges Act provides for the establishment of an officer, called the Commissioner for Federal Judicial Affairs, who shall have the rank and status of a deputy head of a department. Section 74 sets out the duties and functions of the Commissioner. The Office of the Commissioner :
- administers Part I of the Judges Act by providing judges of the Federal Court of Appeal, the Federal Court, the Tax Court of Canada and federally appointed judges of provincial and territorial superior courts with salaries, allowances and annuities in accordance with the Judges Act;
- prepares budgetary submissions and provides administrative services to the Canadian Judicial Council; and
- conducts such other tasks as the Minister of Justice may require in connection with any matters falling, by law, within the Minister's responsibilities for the proper functioning of the judicial system in Canada. These include: the operation of the Judicial Appointments Secretariat; support to the Supreme Court of Canada appointments process; publication of the Federal Courts Reports; the provision of language training to judges; the coordination of judicial international cooperation activities; and support to the Judicial Compensation and Benefits Commission.
Strategic Outcome and Program Alignment Architecture
FJA seeks to deliver high-quality services to the Canadian Judiciary in a manner which supports and promote judicial independence. In this regard, FJA contributes to the following strategic outcome: An independent and efficient federal judiciary.
Organizational Priorities
| Priority | Type | Strategic Outcome, Program Activies |
|---|---|---|
Client Services. FJA's primary duty and responsibility is to administer the Judges Act and to provide all federally appointed judges with the support services that they require to fully carry out their judicial mandate. |
Ongoing |
An independent and efficient federal judiciary (all programs) |
| Summary of Progress | ||
| FJA continued to provide high levels of service to clients in terms of core services such as payment of judges' salaries, allowances and annuities. A Client Satisfaction Survey conducted in 2011 showed a 91% satisfaction level. The Federal Courts Reports Client Satisfaction Survey, also conducted in 2011, revealed that its users are satisfied that their needs are being met. With the objective of improving services and identifying efficiencies, FJA conducted reviews of its key business processes, including administrative services to the judiciary, salary administration for payments to the judges, pension administration, judicial appointments, Federal Courts Reports publishing and use of desktop publishing software, judges' language training, and expense claim processing. Follow up action was taken to implement service improvements identified. | ||
| Priority | Type | Strategic Outcome, Program Activies |
|---|---|---|
Corporate planning and reporting. Establish a formal system of corporate policy development, planning, performance measurement and program evaluation which integrates Human Resource Planning. |
Ongoing |
An independent and efficient federal judiciary (all programs) |
| Summary of Progress | ||
| Integrated business and workforce management plans have been developed for all the programs and sub-programs. During 2012-2013, consultants were engaged to conduct an overall risk assessment, review the appropriateness and adequacy of the entity level controls in place, and do documentation, design & implementation and operational effectiveness testing of the salary and pension administration processes. FJA took steps to improve the monitoring of its staffing practices. The next step will be the development of service standards and more structured monitoring of performance against these standards. | ||
| Priority | Type | Strategic Outcome, Program Activies |
|---|---|---|
Information management/ systems. Improve and develop systems and improve the management of information, data and knowledge resource holdings. |
Ongoing |
An independent and efficient federal judiciary (all programs) |
| Summary of Progress | ||
| Information Technology maintained a high level of availability and quality of operation, and various upgrading initiatives were pursued to align FJA systems with government-wide ones and to improve efficiency (e.g., reduce double entry of data). Consultants were engaged to assist in establishing a three-year plan for the implementation of an Information Management solution. Priorities have been identified and FJA is proceeding with implementation: for example, updating the information architecture; enhancing records management procedures; and implementing electronic tracking and management of correspondence. | ||
| Priority | Type | Strategic Outcome, Program Activies |
|---|---|---|
Security. Maintain expertise for all aspects of security, including physical security of FJA clients, employees, visitors, facilities, data, information and systems and to ensure FJA is compliant with the Government Security Policy. |
Ongoing |
An independent and efficient federal judiciary (all programs) |
| Summary of Progress | ||
| Work progressed to upgrade security through enhancements in software and the network intrusion system. Training and awareness was provided to departmental staff. FJA is compliant with the Government Security Policy and fully meets the Security policy, although the last Management Accountability Framework (MAF) assessment indicated that additional work is required. A draft Departmental Security Plan was prepared and progress has been made in meeting government-wide requirements of the MITS (Management of Information Technology Security). | ||
Risk Analysis
| Risk | Risk Response Strategy | Link to Program Alignment Architecture | Link to Organizational Priorities |
|---|---|---|---|
Maintaining judicial independence in the context of government-wide centralization of common services and shared services |
The Judges Act provides that the Commissioner for Federal Judicial Affairs has responsibilities for the administration of pay and benefits of federally appointed judges. Given the centralization of common services and shared services government-wide, there is increasing pressure on FJA to transfer pay and pension administration for judges to common service agencies. Discussions are ongoing with central agencies to explain the unique mandate of FJA and how this initiative may impact judicial independence as well as service levels to judges. FJA is also implementing efficiencies and aligning its processes and systems with federal systems, for example, through direct deposit and improved web applications. |
• An independent and efficient federal judiciary • Payments pursuant to the Judges Act |
Services to judges |
Lack of ongoing funding to sustain all FJA activities in the way ahead |
No base funding exists for FJA support for the appointment of Supreme Court of Canada judges; support to the Judicial Compensation and Benefits Commission; and support to the international activities of the judiciary. To date, FJA has funded these activities through internal efficiencies or external project funding (e.g., CIDA). This represents a challenge in the long term depending on demands placed on FJA. |
• An independent and efficient federal judiciary • Canadian Judicial Council • Federal judicial affairs |
Services to judges |
Errors (e.g., payments, vacancy lists, procurement) |
The Judges Act establishes a unique and complex regime for payment of judges' salaries, allowances, benefits and annuities. Challenges include interpretation of legislation and ensuring consistency of approach in a high volume of transactions environment. Current strategies are 100% verification, use of technology to minimize errors, staff training, and reviews of internal controls. |
• An independent and efficient federal judiciary • Payments pursuant to the Judges Act • Internal services |
Performance measurement/ quality assurance |
Renewal of legacy systems |
Once pay and pension modernization are completed government-wide, PWGSC will no longer be able to support the Judges Annuitant System. As a way forward, PWGSC earmarked funding for developmental costs towards a new system, and will continue to support FJA until a new solution is finalized. |
• An independent and efficient federal judiciary • Payments pursuant to the Judges Act |
Services to judges/ security |
Security and safety of judges and personal information |
This risk applies mainly in the context of international activities conducted by the judges abroad. Cyber security is also a threat, as well as maintaining the security and privacy of personal information. |
• Federal judicial affairs • Service to Judges |
Security |
Summary of Performance
More detailed figures are provided by program below.
Total Budgetary Expenditures |
Planned Spending |
Total Authorities |
Actual Spending |
Difference (Planned vs. Actual Spending) |
|---|---|---|---|---|
| 485.0 | 485.0 | 485.6 | 485.1 | 0.1 |
Human Resources (Full-Time Equivalents — FTEs)
| Planned 2012-13 |
Actual 2012-13 |
Difference 2012-13 |
|---|---|---|
| 70 | 62 | 8 |
Expenditure Profile
Departmental Spending Trend
Departmental Spending Trend Description
Actual spending for 2012-2013 is closely aligned with planned spending and the Main Estimates for 2012-2013. The total spending shows a gradual increase in actual and planned spending largely resulting from the annual increase in judges' salaries based on the Industrial Aggregate as provided for in the Judges Act well as an increase number of pensioners receiving benefits under the Judges Act.
| Program | Total Budgetary Expenditures (Main Estimates 2012-13) | Planned Spending | Total Authorities (available for use) 2012-13 | Actual Spending (authorities used) | Alignment to Government of Canada Outcomes | ||||
|---|---|---|---|---|---|---|---|---|---|
| 2012-13 | 2013-14 | 2014-15 | 2012-13 | 2011-12 | 2010-11 | ||||
| Payments Pursuant to the Judges Act | 474.7 | 474.7 | 487.5 | 500.9 | 474.2 | 474.2 | 459.8 | 443.2 | Safe and Secure Communities |
| Canadian Judicial Council | 1.7 | 1.7 | 1.7 | 1.7 | 1.8 | 1.7 | 1.9 | 1.7 | Safe and Secure Communities |
| Federal Judicial Affairs | 7.7 | 7.7 | 7.6 | 7.6 | 8.7 | 8.3 | 8.6 | 7.8 | Safe and Secure Communities |
| Sub-total | 484.1 | 484.1 | 496.8 | 510.2 | 484.7 | 484.2 | 470.3 | 452.7 | |
| Internal Services | Total Budgetary Expenditures (Main Estimates 2012-13) | Planned Spending | Total Authorities (available for use) 2012-13 | Actual Spending (authorities used) | ||||
|---|---|---|---|---|---|---|---|---|
| 2012-13 | 2013-14 | 2014-15 | 2012-13 | 2011-12 | 2010-11 | |||
| Sub-total | 0.9 | 0.9 | 0.9 | 0.9 | 0.9 | 0.9 | 0.9 | 0.9 |
| Strategic Outcome(s) and Internal Services | Total Budgetary Expenditures (Main Estimates 2012–13) | Planned Spending | Total Authorities (available for use) 2012-13 | Actual Spending (authorities used) | ||||
|---|---|---|---|---|---|---|---|---|
| 2012-13 | 2013-14 | 2014-15 | 2012-13 | 2011-12 | 2010-11 | |||
| Total | 485.0 | 485.0 | 497.7 | 511.1 | 485.6 | 485.1 | 471.2 | 453.6 |
Estimates by Vote
For information on the Office of the Commissioner for Federal Judicial Affair's organizational Votes and/or statutory expenditures, please see the Public Accounts of Canada 2013 (Volume II).
Contribution to the Federal Sustainable Development Strategy (FSDS)
FJA undertook a number of initiatives to support the Going Green initiative in the Public Service and at the same time increase efficiency and reduce costs. These initiatives included an electronic information kit for newly appointed judges that is currently under development to replace an expensive paper-based kit; promotion of direct deposit of expense claims for judges; electronic posting and transmission of information bulletins and notices and elimination of paper mail-outs; computerized staffing files in a move to electronic staffing; and scanning of all correspondence to the Executive Office. FJA is contributing to a reduced energy and HVAC consumption since the implementation of our Virtual Servers Environment (30 physical servers have been replaced by 5). Energy efficiency is considered in equipment procurement.
FJA is a voluntary participant in the Federal Sustainable Development Strategy (FSDS) and contributes to the Greening Government Operations target through the Internal Services program activity. The department contributes to Theme IV (Shrinking the Environmental Footprint - Beginning with Government) of the FSDS.
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