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2003 Annual Report

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Schedule B - Financial Statements Prepared by Deloitte & Touche LLP

The 1986-1990 Hepatitis C Fund

Auditors' Report

To the Joint Committee of the 1986-1990 Hepatitis C Fund

We have audited the statement of financial position of the 1986-1990 Hepatitis C Fund as at March 31, 2003 and the statement of expenses and revenue for the year then ended. These financial statements are the responsibility of the Joint Committee of the Fund. Our responsibility is to express an opinion on these financial statements based on our audit.

We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we plan and perform an audit to obtain reasonable assurance whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation.

In our opinion, these financial statements present fairly, in all material respects, the financial position of the Fund as at March 31, 2003 and the results of its operations and its cash flows for the year then ended in accordance with Canadian generally accepted accounting principles.

Chartered Accountants
May 9, 2003

 

Statement of Financial Position as at March 31, 2003, Prepared by Deloitte & Touche LLP

The 1986-1990 HEPATITIS C FUND


 
2003
2002
   
ASSETS    
  Cash $ 304 $ 270
  Investments (Note 3) 794,879 788,034
  Contributions receivable 2,325 1,476
  Amounts to be recovered (Note 4) 788 788

$ 798,296 $ 790,568

LIABILITIES    
  Accounts payable and accrued liabilities 1,020 $ 1,408 $
  Accrued claims in process of payment 7,106 9,100
  Funding held for future expenses (Note 5) 790,170 780,060

  $ 798,296 $ 790,568

APPROVED BY THE JOINT COMMITTEE OF THE 1986-1990 HEPATITIS C FUND

Statement of Expenses and Revenue as at March 31, 2003, Prepared by Deloitte & Touche LLP

 
2003
2002
   
EXPENSES    
  Claims (Note 6) $ 90,018 $ 135,096
  Operating (Note 7) 7,905 9,413
  Start-up costs (Note 8) - 6,644

  97,923 151,153

REVENUE 97,923 151,153

EXCESS OF REVENUE OVER EXPENSES $ - $ -

Notes to the Financial Statements Year Ended March 31, 2003, Prepared by Deloitte & Touche LLP

1. DESCRIPTION OF THE FUND

The 1986-1990 Hepatitis C Fund (the "Fund") was established to hold and invest funds and administer their payment as compensation to claimants who qualify as class members, all pursuant to the terms of the January 1, 1986 -July 1, 1990 Hepatitis C Settlement Agreement (the "Agreement") made as of June 15, 1999 and the Judgments of the Supreme Court of British Columbia, Superior Court of Justice for Ontario and Superior Court of Quebec (the "Courts").

The maximum obligations to the Fund established as at January 10, 2000 were $1.203 billion, shared between the Government of Canada (72.7273%) and the governments of the provinces and territories (27.2727%), plus interest accruing thereafter on the unpaid obligations. The Government of Canada has made contributions to the Fund, which totally satisfy its obligation to the Fund. The provincial and territorial governments are required to contribute as and when required for payment of their share of expenses. Provinces and territories may elect to prepay their contributions. To the extent provinces and territories do not prepay their contributions, interest is calculated on their outstanding obligations at treasury bill rates applied quarterly.

The operations of the Fund are subject to various reviews and approvals by the Courts.

The Fund is a trust that is exempt from income tax under the Income Tax Act.

2. ACCOUNTING POLICIES

The financial statements have been prepared in accordance with Canadian generally accepted accounting principles and include the following significant accounting policies:

Liabilities and funding for future payments

These financial statements do not present liabilities for payments to be made to class members in future years nor the related future funding requirements of provincial and territorial governments.

Revenue recognition

The Fund follows the deferral method of accounting for contributions. Revenue is recognized as expenses are incurred and shares of such expenses are allocated to governments, as set out in the Agreement. To the extent that contributions are paid to the Fund in advance of expenses being incurred and allocated, the contributions and the investment earnings thereon are deferred and recorded as funding held for future expenses. Accordingly, the funding held for future expenses includes:

  1. Funding contributed in payment of the Government of Canada obligation;
  2. Contributions prepaid by provinces and territories, if any; and
  3. Investment earnings for the period.

As expenses are incurred and allocated, amounts are deducted from the balance of the funding held for future expenses and are recognized as revenue.

Where provincial and territorial governments have not prepaid contributions and expenses are allocated to them, such amounts are requisitioned by the Fund and are recognized directly as revenue of the Fund.

Claims

A claim is recognized as an expense in the period in which the claim approval process has been completed.

Operating expenses

Operating expenses are recorded in the period in which they are incurred. Operating expenses are subject to approval by the Courts.

Investments

Investments are recorded at market value including interest and dividend revenue receivable. Realized and unrealized gains (losses) together with interest and dividend revenue are reported as investment earnings and are deferred, pending their allocation to pay expenses.

Foreign currency

Transactions denominated in foreign currencies are translated into Canadian dollars at the rates of exchange prevailing at the dates of the transactions. Investments and cash balances denominated in foreign currencies are translated at the rates in effect at year-end. Resulting gains or losses from changes in these rates are included in investment earnings.

3. INVESTMENTS
 
2003
2002
Investments are
summarized as follows:
Market Value Cost Market Value Cost
   
 
(000's)
Cash $382 $382 $275 $275
Investment earnings receivable 8,116 8,116 8,667 8,667
Fixed income 721,215 608,124 692,211 654,015
Equities 65,166 99,392 86,881 98,763
 
  $794,879 $716,014 $788,034 $761,720
 

Determination of market values

Fixed income consists of debt obligations of governments and corporate bodies paying interest at rates appropriate to the market at the date of their purchase. Bonds are recorded at prices based upon published market quotations. The fixed income portfolio's sensitivity to a change in market rates is represented by the duration of the portfolio. As at March 31, 2003, the average duration of the bonds and debentures in the portfolio, weighted on market values, was 19 years.

Equities consist of pooled fund units. Pooled fund units are valued at prices based on the market value of the underlying securities held by the pooled funds.

Investment risk

Investment in financial instruments renders the Fund subject to investment risks. These include the risks arising from changes in interest rates, in rates of exchange for foreign currency, and in equity markets both domestic and foreign. They also include the risks arising from the failure of a counterparty to a financial instrument to discharge an obligation when it is due.

The Fund has adopted investment policies, standards and procedures to control the amount of risk to which it is exposed. The investment practices of the Fund are designed to avoid undue risk of loss and impairment of assets and to provide a reasonable expectation of fair return given the nature of the investments. The maximum investment risk to the Fund is represented by the market value of the investments.

a) Concentration risk

Concentration risk exists when a significant proportion of the portfolio is invested in securities with similar characteristics or subject to similar economic, political or other conditions. The relative proportions of the types of investments, in the portfolio are as follows:
 
2003
2002
  % of Market Value % of Market Value
Investment earnings receivable 1 1
 
Fixed income    
Government of Canada 79 73
Corporate 4 6
Provinces of Canada 2 4
Fixed income pooled fund units 5 5
 
  90 88
 
Equities    
Canadian    
Pooled fund Units 5 6
Foreign    
U.S. pooled fund units 2 2
International pooled fund units 2 3
 
  9 11
 
  100 100
 

b) Foreign currency risk

Foreign currency exposure arises from the Fund's holdings of non-Canadian denominated investments, as follows:
 
2003
2002
  (000's)
Equities    
 U.S. pooled fund units $15,088 $21,569
 International pooled fund units 15,032 21,713
 
  $30,120 $43,282
 

4. AMOUNTS TO BE RECOVERED

During the March 31 2002 fiscal year, the Administrator inadvertently made payments to the estates of the persons who died prior to January 1, 1999 in respect of loss of services and loss of income in the period subsequent to their disability and prior to the year of their death. Such payments are not permissible under Section 5.01 of the Plan. The total amount of such payments is $787,868 (2002-$787,868). The Administrator has agreed to reimburse the Trust as follows:
 
(000's)
Current portion  
  2004 $ 627
Long-term portion
 
  2005 161
 
Total amount to be recovered
$ 788
 

5. FUNDING HELD FOR FUTURE EXPENSES
 
2003
2002
  (000's)
Balance beginning of year $ 780,060 $ 881,127
Changes during the year    
  Investment earnings 87,834 28,894
  Amounts recognized as revenue (77,724) (129, 961)
 
Balance end of year $ 790,170 $ 780,060
 
Comprised of:    
  Funding contributed by Government of Canada $ 788,501 $ 771,985
  Contributions prepaid by provincial governments 1,669 8,075
 
  $ 790,170 $ 780,060
 

6. CLAIMS

Claims recognized as expenses of the Fund during the current year consist of the following:
 
2003
2002
  (000's)
Approved by the Administrator of the Fund    
  Disbursed $ 91,532 $ 136,482
  Net change in accrued claims in process of payment (1,994) (2,106)
 
  89,538 134,376
Approved by Court Order 480 720
 
  $ 90,018 $ 135,096
 

The claims include payments totalling $480,000 (2002 -$720,000) for HIV secondary claimants. These amounts were approved by Court Order and disbursed directly by Liberty Health.

In August 2002, the Courts instructed the Administrator to release a $5,000 payment to all claimants who had previously received payment( s), under section 4.01( 1)( b) of the Agreement, between June 2000 and August 2002. As at March 31, 2003 these payments totalled $14,685,287, of which $51,009 had not yet been paid due to difficulties in contacting the claimants.

7. OPERATING EXPENSES
 
2003
2002
  (000's)
Administrator $ 4,130 $ 4,910
Legal (claims' appeal costs, fund counsel and joint committee) 2,313 2,336
Traceback fees 552 1,187
Investment management 256 226
Custodial trustee 102 104
Medical and other consulting 126 405
Audit and related services 121 101
Investment advisory - 61
Actuarial 305 83
 
  $ 7,905 $ 9,413
 

Certain of the prior year's comparative figures have been reclassified to conform with the current year's presentation.

8. START-UP COSTS

The $6,644,379 of start-up costs incurred during 2002 relate to counsel fees for the Quebec class actions, which had not been previously paid.

9. STATEMENT OF CASH FLOWS

A statement of cash flows has not been prepared as information relating to cash flows is otherwise adequately disclosed.

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