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Chair's Report 2006

FINANCIAL HIGHLIGHTS

2006 2005 (restated)
Revenue $22,220,714 $11,212,618
Grant allocations / Adjustments 8,739,445 8,177,810
Legal Aid Society 5,536,939 2,411,437
Administration 353,566 339,465
Excess (deficiency) $7,590,764 $283,906

At fiscal year end the Directors elected to transfer additional funds from unrestricted net assets to internally restricted net assets. The internally restricted account has been established in order to allow funding stability for ongoing programs that otherwise could be adversely affected by volatile fluctuations in both the prime rate and the average balances in lawyers’ general trust accounts. The Foundation was able to top up internally restricted net assets to the full extent of our internal reserve policy, which left a remaining unrestricted net asset balance of $3.86 million at year end. This balance resulted largely from the recognition of $3.5 million in accrued interest revenues.

The Board reviewed 87 regular applications for funding (74 last year) of which 73 were approved (59 last year). In addition, the Board reviewed 17 Special Project Fund applications, of which 12 were approved.

In accordance with the Insurance Act, the Foundation’s funds are kept invested in short-term money market instruments and low-risk marketable securities. Income from investments for 2005-06 was $1,236,740 an increase from last year's investment income of $1,199,307.

Lawyers' general trust account interest received in 2005-06 totalled $20,935,582, which is a significant increase from last year's receipts due to the higher average prime rate in the latter part of the fiscal year. As well, higher average balances in the lawyers’ general trust accounts, owing to the continuing robust provincial economy, are expected to remain high for the near future. In response, in November 2005, the Directors approved and allocated funds to a Special Project Fund in the amount of $1,500,000. This fund was committed to the extent of $903,000 by fiscal year end, and is expected to be fully subscribed. Additional active measures are now under consideration to attract new qualified applications and to prudently manage expectations related to this recent significant rise in revenues.

General Comments

As noted above, revenue from lawyers' general trust accounts for the fiscal year ending March 31, 2006 was $20.9 million. 25% of this revenue source is due to the Legal Aid Society of Alberta. In the latest fiscal year, the amount due to Legal Aid of $5.5 million slightly exceeds 25% of such revenue due to the impact of recognizing accrued revenue receivable and a restatement of the prior year.

The Directors of the Foundation have now established financial reserves sufficient to allow three years of stable funding for core grant recipients thus enabling them to better plan for the future. During 2006-07, it is expected that some core grants will merit strategic increases in their existing core program capabilities, and in some cases to also undertake new program initiatives. Project grant applications will continue to be given due consideration. Because it is difficult to predict interest rate trends and other economic factors, the Foundation reviews annually its core funding budget and other funding initiatives.
The Foundation takes seriously its stewardship role in relation to the total trust deposits held in general trust accounts at the various financial institutions. In March 2006, the consolidated average balances in the Province of Alberta exceeded $1.1 billion. The Foundation believes these deposits should receive market based interest compensation.

I am pleased to recognize the Credit Unions for a notable improvement to their banking arrangements for lawyers’ general trust accounts this past year. The only institution to steadfastly refuse to pay a reasonable interest rate continues to be the National Bank of Canada, with the result that the shortfall in annual interest revenue to the Foundation continues to amount to hundreds of thousands of dollars. The Foundation and its many funded community agencies are most appreciative of the leadership and support of the cooperative financial institutions.

I would like to express my appreciation to the Foundation's Board of Directors and to the staff, David Aucoin and Diana Porter, for their guidance of the Foundation over the past year.

All of which is respectfully submitted.

Steve Raby, Q.C.
Chair
Alberta Law Foundation
July 2006


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