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2007 Annual Report

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Schedule A – Financial Statements Prepared by Deloitte & Touche as of March 2, 2007

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 December 31, 2006 and the statement of expenses and revenue for the nine-month period 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 December 31, 2006 and the results of its operations and its cash flows for the nine-month period then ended in accordance with Canadian generally accepted accounting principles.

Chartered Accountants

March 2, 2007

Statement of Financial Position year ended December 31, 2006

December 31, 2006 March 31, 2006
(9 months) (12 months)
(restated note 10)
  (in thousands of dollars)
ASSETS
Cash $ 54 $ 56
Investments (note 3) 919,470 940,924
Contribution receivable 1,044 1,945
Fees and expenses to be reimbursed (note 4) 127 127

$ 920,695 $ 943,052

LIABILITIES
Accounts payable and accrued liabilities $ 1,034 $ 1,198
Accrued claims in process of payment 2,667 5,962
Fees and expenses to be reimbursed (note 4) 9 127
Funding held for future expenses (note 5) 916,985 935,765

$ 920,695 $ 943,052

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

Statement of Expenses and Revenue year ended December 31, 2006

December 31, 2006 March 31, 2006
(9 months) (12 months)
(in thousands of dollars)
EXPENSES
Claims (note 6) $ 27,713 $ 51,451
Operating (note 7) 3,188 5,359

30,901 56,810

REVENUE 30,901 56,810

EXCESS OF REVENUE OVER EXPENSES $ - $ -

Notes to the Financial Statements year ended December 31, 2006

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. As at December 31, 2006 those obligations including interest are estimated to be $215,869,000 (March 31, 2006 - $218,941,000).

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. SIGNIFICANT 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.

Use of estimates

The preparation of financial statements in conformity with Canadian generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosures of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenue and expenses during the reporting period. Actual results could differ from these estimates.

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

Investments are summarized as follows:

December 31, 2006

March 31, 2006

(in thousands of dollars)

Market Value

Cost

Market Value

Cost

Cash

$ 128

$ 128

$ 53

$ 53

Investment earnings receivable

2,439

2,439

7,620

7,620

Fixed income

810,706

565,039

826,827

559,998

Equities

106,197

112,130

106,424

112,130

 

$ 919,470

$ 679,736

$ 940,924

$ 679,801


Determination of market values

Fixed income includes 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 December 31, 2006, the average duration of the bonds and debentures in the portfolio, weighted on market values, was 16.55 years (March 31, 2006 - 17.9 years).

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:

  December 31, 2006 March 31, 2006
 

% of Market Value

Investment earnings receivable 1 1
 
Fixed income    
Government of Canada 80 80
Corporate 2 1
Provinces of Canada 1 3
Fixed income pooled fund units 5 5
 
  88 89
 
Equities    
Canadian    
Pooled fund units 7 6
 
Foreign    
U.S. pooled fund units 2 2
International pooled fund units 3 2
 
  12 10
 
  100 100
 

b) Foreign currency risk

Foreign currency exposure arises from the Fund's holdings of non-Canadian denominated investments, as follows:

  December 31, 2006 March 31, 2006
 

(in thousands of dollars)

Equities    
U.S. pooled fund units $ 19,782 $ 18,212
International 28,406 25,143
 
  $ 48,188 $ 43,355
 

4. FEES AND EXPENSES TO BE REIMBURSED BY THE FEDERAL GOVERNMENT PURSUANT TO COURT ORDER

In the year ended March 31, 2006 the Joint Committee, Eckler Partners Ltd., and the Administrator incurred fees and expenses of $126,881 related to work performed pursuant to Court Order and at the request of the Federal Government. The two Court Orders dated August 17, 2005 and December 28, 2005 directed the Joint Committee, Eckler Partners Ltd. and the Administrator to provide certain non-identifying administrative data and access to medical, actuarial, and administrative agents to the Federal Government, to assist the Federal Government in preparing their responding materials for the sufficiency hearing. The Court Orders state that all costs for and incidental to the exchange of information and data between the agents of the Joint Committee and the Federal Government, including the costs of a representative of the Joint Committee, shall be borne by the Federal Government. Accordingly, incurred fees and expenses and their reimbursement are not recognized as revenues and expenses of the Fund. During the period, the Fund disbursed $118,212 out of the $126,881 incurred, thereby leaving a balance of $8,669, which is owed to the Administrator. The sum of $126,881 was subsequently received in January 2007.

5. FUNDING HELD FOR FUTURE EXPENSES

December 31, 2006

March 31, 2006

 

(in thousands of dollars)

Balance, beginning of period

$ 935,765

$ 884,358

Changes during the period

   

Investment earnings

2,482

94,348

Amounts recognized as revenue

(23,262)

(42,941)

Additional funding received

2,000

-


Balance, end of period

$ 916,985

$ 935,765


Comprised of:

Funding contributed by the Government of Canada

$ 914,584

$ 934,643

Contributions prepaid by a provincial government

2,401

1,122


$ 916,985

$ 935,765

 

6. CLAIMS

Claims recognized as expenses of the Fund during the current period consist of the following:

  December 31, 2006 March 31, 2006
  (9 months) (12 months)
 

(in thousands of dollars)

Approved by the Administrator of the Fund $ 31,008 $ 50,512
Disbursed (3,295) 939
 
Net change in accrued claims in process of payment $ 27,713 $ 51,451
 

The claims include payments totalling $NIL (March 31, 2006 - $720,000) for HIV secondary claimants.

7. OPERATING EXPENSES

December 31, 2006

March 31, 2006

(9 months)

(12 months)

 

(in thousands of dollars)

Administrator

$ 1,618

$ 2,463

Legal (claims’ appeal costs, fund counsel and joint committee)

1,020

2,124

Traceback fees

31

(2)

Investment management

145

188

Custodial trustee

69

84

Medical and other consulting

129

20

Audit and related services

99

101

Actuarial

77

381


$ 3,188

$ 5,359


8. FINANCIAL INSTRUMENTS

The Fund's financial instruments consist of investments, receivables and accounts payable and accrued liabilities. The fair value of accounts receivable and accounts payable and accrued liabilities approximates their carrying value due to the short-term nature of these items. The fair value of investments is as disclosed in Note 3.

9. STATEMENT OF CASH FLOWS

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

10. RESTATEMENT OF PRIOR YEAR’S FEES AND EXPENSES TO BE REIMBURSED

As at March 31, 2006, both the asset and the liability relating to fees and expenses to be reimbursed should have read $127,000 and not $127,000,000. This correction has no impact on the revenue and expenses of the Fund.

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