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16-Sep-2014 8:37 PM
Hong Kong Airlines IPO Part 1: reportedly profitable but with improvements needed
Hong Kong Airlines, the third largest airline in its namesake hub, has filed an application to be listed on the Hong Kong stock exchange. Its application discloses many figures for the first time in the airline's history, but is not yet a formal prospectus. The application shows Hong Kong Airlines has been profitable, but with significant contributions from sub-leasing of aircraft.
The first part of this report benchmarks Hong Kong Airlines' yield, cost, labour productivity and aircraft utilisation against Cathay Pacific and Dragonair, its most significant competitors. Cathay has a yield premium over Hong Kong Airlines, while cost figures are impacted by very different average sector lengths.
Hong Kong Airlines does appear to benefit from being a younger airline in having lower labour costs, but will need to gain more cost efficiencies and yield growth. Its strategy will be examined in part two of this report.
CAPA's Asia Aviation Summit and LCC Congress will he held at the Capella, Sentosa in Singapore 13/14 October, followed by a Corporate Travel Day on 15 October. To hear about China's new LCC movements and from all of Asia's key aviation markets and players, and meet 20 airline CEOs, click here: CAPA Asia Aviation Summit
For Part 2 of this report, see: Hong Kong Airlines IPO Part 2: Main opportunities may lie in partnerships, careful strategic growth
For Part 3 of this report, see:Hong Kong Airlines IPO Part 3: Improved links with group airlines and new partnerships essential
Hong Kong Airlines' profit is heavily dependent on aircraft leasing
Hong Kong Airlines has reported a profit for three consecutive years from 2011 to 2013. However it should be noted that not reporting a profit is not optional as Hong Kong regulatory requirements dictate a company be profitable before listing.
Hong Kong Airlines' profit shows potential weakness, namely profits appearing to be derived heavily or evenly exclusively from sub-leasing aircraft to other airlines – a practice that is believed not to be uncommon and to have kept a handful of other airlines profitable. Hong Kong Airlines has commented only that leasing comprises a "significant" part of its profit.
Selected Hong Kong Airlines financial metrics (HKD 000s): 2011-2013
Hong Kong Airlines total revenue
Hong Kong Airlines leasing revenue
Hong Kong Airlines operating profit
Source: Hong Kong Airlines
It would be more valuable to have access to an operating profit figure that reflected Hong Kong Airlines' flying business alone (passengers and freight) and not combined with the leasing part of the business. However, it is not possible to simply subtract leasing revenue to derive a more reflective operating profit.
This is because some of the aircraft sub-leased by Hong Kong Airlines are not aircraft it owns but rather aircraft it leases, and as such is also paying a rent for. Subtracting lease revenue would also require subtracting some – but not all – costs.
As of 31-May-2014, Hong Kong Airlines leased or sub-leased 17 aircraft. This includes five A320s it owns (average age: 1.8 years), five A330s it has on lease (average age: 2.7 years), four 737-800s it has on lease (average age: 13.0 years) and three 737-300SFs it has on lease (average age: 20.4 years).
Hong Kong Airlines is leasing some of the most attractive aircraft it owns: young A320s in a high-density configuration. In contrast, Hong Kong Airlines is sub-leasing some of its most unattractive aircraft: 737s nearing or at the end of their life. Based on market rates, Hong Kong Airlines is likely paying small lease rates for the 737s while obtaining high lease payments for the A320s. However, this cannot be definitively stated as Hong Kong Airlines has not disclosed particular lease arrangements. There is uncertainty on rates as the aircraft are being leased to airlines affiliated with HNA.
Yield: Cathay Pacific retains a premium over Hong Kong Airlines
The raw numbers supplied by Hong Kong Airlines indicate the airline between 2011 and 2013 had a 27-34% yield premium over Cathay Pacific (including Dragonair). However, the stark difference in their network profile distorts the figures. Cathay Pacific's average sector length is nearly double that of Hong Kong Airlines. This is owing to Cathay's short-haul routes being complemented with medium-haul, long-haul and ultra-long-haul routes. Hong Kong Airlines in comparison is primarily a short-haul operator.
This difference is important as long-haul operations are more efficient. On long-haul operations, aircraft are typically bigger, have higher utilisation rates and fixed costs can be spread over a longer period of flight. As a rudimentary example, a passenger on Hong Kong Airlines' two hour Hong Kong-Shanghai flight will be given one meal, but a passenger on Cathay's 16 hour Hong Kong-New York flight will be given two or three meals – not eight. Efficiency reduces costs and, in turn, allows for lower yields.
It is important to view yields in the context of each airline's average sector length. The airlines do not directly disclose these figures, but can be approximately calculated based on the data they supply to OAG, although this sometimes excludes charter flights, slightly skewing the data. Comparing Hong Kong Airlines' and Cathay's yields to average sector length, it is evident Hong Kong Airlines has higher yields than Cathay. But since Hong Kong Airlines' average sector length is shorter, its costs are higher and therefore must charge higher yields.
Creating a like-for-like sector length-adjusted comparison is difficult given the limited data, but based on information available, Cathay Pacific on a like-for-like basis retains a yield premium. This is not surprising given the group's wider brand, recognition and premium strategy.
Cathay Pacific and Hong Kong Airlines (HKA) sector length (vertical axis) versus passenger yield in HKD (horizontal axis): 2011-2013
Source: CAPA – Centre for Aviation, companies and OAG
Airlines are not providing enough clarity on costs
Average sector length also impacts operating costs. However, this is difficult to assess. Cathay Pacific only provides a cost per available tonne kilometre while Hong Kong Airlines provides no cost figures. In the absence of data, we calculate the CASK of each airline. Both carriers supply ASK figures, but a CASK comparison has inherent limitations since it does not measure the output of cargo operations, which has costs but does not produce seat kilometres. The CASK figures are once again measured against average (passenger) sector length.
Hong Kong Airlines appears to have made significant cost improvements between 2012 and 2013, based on the limited information available. In comparison, Cathay's improvements were minor.
A sector-length adjusted comparison would likely show Hong Kong Airlines having a lower operating cost, not surprising given the company's outsourcing and more basic service offering. However, this does in turn correlate to weaker yields for Hong Kong Airlines.
Cathay Pacific and Hong Kong Airlines (HKA) sector length (vertical axis) versus CASK in HKD (horizontal axis): 2011-2013
Cost composition structure: fuel and staff costs are lower at HKA than at Cathay
The overall cost composition at the two airlines, as they segregate the data, shows large differences. Fuel comprises 39% of Cathay's costs but only 30% of Hong Kong Airlines. This can be attributed to Cathay's longer sector lengths, with fuel costs on ultra-long-haul flights being particularly high (over 60%). As airborne costs go up (due to fuel), ground-based costs often decrease. This is visible with Hong Kong Airlines spending 17% on landing, parking and route expenses compared to 14% at Cathay. This is consistent with the trend of short-haul carriers typically having higher ground costs and low fuel costs than long-haul carriers.
The proportion of costs spent on staff at Hong Kong Airlines is 12% compared to 17% at Cathay. Labour productivity will be examined in the next section. Depreciation and operating leases comprise twice the proportion (26%) at Hong Kong Airlines as Cathay (12%). Cathay groups depreciation and leasing costs into one category while Hong Kong Airlines breaks this category out to depreciation being 12.5% and operating leases to 13%; the combined figure is 25.5%, rounded to 26% on the chart below.
Cathay Pacific and Hong Kong Airlines operating cost composition: 2013
Cathay
Landing, parking and route expenses
Depreciation and operating leases
Inflight service and passenger expenses
Net finance charges
Selling and market expenses
Source: Cathay Pacific and Hong Kong Airlines
Labour productivity: Hong Kong Airlines has an advantage
Hong Kong Airlines has a clear labour productivity advantage over Cathay. The average Cathay employee is paid 83% more but only generates 55% more ASKs and 38% more revenue. The figures are once again slightly distorted by measuring only ASKs (which does not include freight) and Cathay only disclosing employee numbers for the group, which includes sizeable ground-based activities like catering and ground handling that produce no ASKs and can be resource-intensive (but generates stable profits). As a result, on this basis Cathay's productivity is understated. Different sector length as well as type of aircraft used need to be considered as well, generally tilting the balance in the other direction.
Even if it were possible to better account for these figures, Hong Kong Airlines would likely retain a large labour cost advantage. The airline is younger and thus benefits from paying more junior staff whereas Cathay has long-serving senior staff, as well as unions that have been successful at negotiating pay increases. Hong Kong Airlines has a small expatriate workforce, whose costs are high, and has outsourced functions to locations in mainland China, where labour costs are lower.
Hong Kong Airlines has been growing ASK output per employee (19% higher in 2013 compared to 2011). Cathay's productivity has decreased (6% lower in 2013 compared to 2011), but this is impacted by Cathay replacing 747-400s with smaller (but more profitable) 777s.
As Cathay's productivity decreased, average cost per employee increased – an unwelcome equation. Hong Kong Airlines has seen dramatic increases in costs per employee (up 44% in 2012 compared to 2011), but costs decreased in 2013. 2013 costs per employee were up 37% compared to 2011. Hong Kong Airlines attributes the increase in 2012 to its establishment of A330 line maintenance.
Cathay Pacific and Hong Kong Airlines ASKs (left axis) and cost (right axis) per employee: 2011-2013
Source: CAPA – Centre for Aviation and companies
While Hong Kong Airlines has a lower cost per employee than Cathay, Hong Kong Airlines also sees less revenue generated per employee than Cathay, but this once again depends on the type of flying and focus on premium passengers.
Similar to the trend observed with ASKs, Cathay's revenue generated per employee has slightly decreased while Hong Kong Airlines' has increased.
Cathay Pacific and Hong Kong Airlines revenue generated (left axis) and cost (right axis) per employee: 2011-2013
One conclusion to draw is that Hong Kong Airlines has been able to make labour cost efficiencies but Cathay still holds many other efficiencies that come through virtue of size, longer establishment and relationships with suppliers and vendors. Further cost gains at Hong Kong Airlines will be dependent on growth (difficult owing to regulatory restrictions) and a stronger reputation in the industry.
Hong Kong Airlines records 10.6 hours of block utilisation
Hong Kong Airlines says its passenger fleet achieved 10.6 block hours of utilisation in 2013, down from 10.8 in 2011 - fairly creditable levels for a short haul operation in congested skies. For the first five months of 2013, utilisation is 11.3 hours, up from 9.7 hours in the first five months of 2012.
Hong Kong Airlines does not break out utilisation by aircraft, so we can compare its 10.6 hours to Cathay's 11.8 hours, although Cathay's figure includes long-haul aircraft that work more hours. We can also compare Hong Kong Airlines' average 10.6 hours to the 9.1 hours for Cathay (Dragonair's) A320s and the 12.0 hours for A330s.
This likely places Hong Kong Airlines' utilisation in a solid position but without a clear advantage over Cathay. Cathay's overall utilisation is helped by using a larger portion of its A330 fleet on long-haul flights, which can allow for greater utilisation rates. However, its A330s also serve key mainland Chinese cities where unpredictable air traffic delays prohibit tight scheduling, thus hurting utilisation rates.
Cathay Pacific and Hong Kong Airlines passenger aircraft block hour utilisation rates: 2013
Hong Kong Airlines has been pushing high utilisation with overnight Bangkok-Hong Kong and Beijing-Hong Kong flights even though these services are only about three hours. But a potential advantage has been negated by Cathay subsidiary Dragonair following Hong Kong Airlines in having an overnight Beijing-Hong Kong flight.
Outlook: good, but not model, operating metrics. Room for improvement
Of the operating metrics surveyed here, Hong Kong Airlines is in a good position. It is an achievement to have built the airline so quickly in a competitive hub with entrenched competitors. But the market will be looking to reward not past accomplishments but future opportunities. Hong Kong Airlines' figures are not consistently ahead of Cathay.
There is still plenty of room for improvement at Hong Kong Airlines. Realising this will depend on Hong Kong Airlines' ability to grow, gain independence and mature.
Part Two of this report will review Hong Kong Airlines' potential to achieve these goals
This report does not in any way constitute financial or investment advice. Information and opinions contained herein are subject to change without notice and should not be taken as any solicitation to purchase. CAPA has taken all reasonable steps to ascertain the accuracy of the information, but readers should also conduct their own research.
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As noted above, the last two pages of the standard four-page "Notice of Appeal" are an "Application for Interim Assistance". "Interim Assistance" ("IA") refers to a written order by the SBT, to the ODSP Director, ordering THE DIRECTOR to reverse the effects of the challenged decision for a specified time, and start paying the appellant (ie. the Tribunal does NOT pay IA to the recipient itself). Basically, IA "stays" (cancels) the Director's order until the matter is resolved by the Tribunal. HOWEVER, if the appellant loses, the IA "overpayment" will be assessed as a debt owing (see below).
In most ODSP appeal cases where the appellant is already receiving ODSP it makes sense to request IA during the appeal. However, in cases where an ODSP "applicant" (ie. not yet on ODSP) has applied for and been denied ODSP eligibility, no IA will be ordered at the ODSP rate because IA is only available to "recipients" [Act s.25] in such cases. This is distinct from the situation where an applicant is denied welfare (Ontario Works), where IA is available to both "applicant and recipient" [OW Act s.30]. Applicants not yet on ODSP who are denied eligibility are normally on welfare during their appeal period.
Interim income support orders will NOT normally be made retroactively ("except under unusual circumstances": Practice Direction), so the Application should be made at the same time that a Notice of Appeal is filed, or as soon thereafter as possible.
IA orders are typically made for 4-6 months at a time, and are normally extended (on request to the CSR - NOT automatically) as long as it takes to have the matter decided by the Tribunal. The appellant should request (by letter or phone) the extension BEFORE it expires, otherwise a fresh IA application will have to be made (the Practice Direction says to request extension two weeks before expiration). Fresh financial information may be required on an extension request, although in most cases the appellant's financial situation will not have improved significantly.
The "amount" of IA order will typically reflect the "status quo" - that is - what the income support level would have been (or was) BUT FOR the Decision under challenge. In no instance shall it exceed the income support and benefits that would otherwise be paid [Reg s.66].
The appellant meets all other eligibility requirements "other than a condition relating to the issue under appeal" [Act s.25(2)].
This second criteria is important. It means that - for the purposes of determining IA eligibility ONLY - the issue under challenge in the appeal WILL be decided in the appellant's favour. So - for example - if the issue on appeal is "failure to provide information necessary to determine eligibility" - the SBT will assume, for purposes of granting IA alone - that the information requested has been provided and is satisfactory.
The SBT, as a matter of practice, delegates the decisions about interim assistance to staff persons behind closed doors. Though it is legally open to a presiding Tribunal to consider and decide an IA request at a hearing, they do not do this as a regular matter and most members are not comfortable with it.
That said, IA can become an issue if the appellant is seeking an adjournment. When IA is "in-pay" in that situation suspicion can arise that the appellant is seeking an adjournment only for the purpose of prolonging IA in an otherwise losing cause. In this case a party or advocate should do what they can to give concrete assurances to the Tribunal that the adjournment will be short. One common way of doing this is to consent to the adjournment being "preemptory" - which means "no more adjournments" (though practically a later Tribunal member may disregard this).
As well, if an appellant is not on IA and an adjournment is sought, an advocate should always raise this fact in support of the adjournment - as it dispels this negative inference.
While the procedures of the "Statutory Powers Procedures Act" (SPPA) do not apply to an IA request [Act s.25(3)], the Tribunal has established an "Objection" procedure (in its "Practice Direction", above) where the appellant wishes to challenge an IA decision. To make an "Objection" the appellant should write the Chair a letter with the reasons why they object and mail it on the Director as well. The "respondent" (almost always the Director) also has a right to Object but will be expected to raise it immediately on receiving the IA order it objects to, unless the Objection is based on newly-arising information.
As noted above regarding overpayments, if IA is granted and the appellant later loses at the appeal hearing - or withdraws the appeal prior to hearing, then the amount of IA paid (ie. the amount paid over what they were actually entitled to) will be assessed as an "overpayment" (a debt owing), AND an overpayment deduction will almost certainly be imposed (if the person is still receiving benefits) [Act s.27]. Of course, where there is limited success in an appeal, the amount of the overpayment decision should be reflective of that success.
See Ch.11, s.3: "Director Decisions: Overpayment Decisions".
In the rare cases where the Director refuses to comply with an IA order, the appellant is in the difficult situation of enforcing it.
The procedures for "enforcement" are generally discussed at the following link in the Statutory Powers Procedures Act (SPPA) program - however enforcement against a government "debtor" (in this case, the province) can involve specialized law which is beyond the scope of that program. Practically such situations are normally resolved by negotiation or even media pressure.
By law, "Notices of Hearing" are to be sent to all parties (see s.1(h): "Parties", above) within 60 days of the appeal being filed [Reg s.63(1)].
if written hearing: a schedule for the exchange of written submissions and documentary evidence.
In practice Notices of Hearing are rarely served within 60 days of the appeal filing - it is typically much later.
At least 30 days notice of a hearing must be provided [Reg s.63(3)]. It is the practice of the Tribunal to waive this if all parties so consent (this is required when the parties agree to a short-date adjournment).
At the end of 2005 the average scheduling lag by my estimation was about 10 months, and shortening. A new Chair has made faster scheduling a priority.
It is common for the Tribunal to unilaterally reschedule hearings due to its own administrative needs or member availability. Typically such adjournments will be made to dates far enough ahead so that the parties once again have "reasonable notice" (bumping dates backward or forward a few days - or hours even - will normally only be done on consent of all the parties).
The Tribunal, under its new Chair, has recently (28 November 2005) implemented rules establishing an "Early Resolution Program" (ERP) to "resolve cases in an efficient, effective and fair manner". These loose 'rules', embodied in the Practice Direction "Early Resolution Program", are in fact an implementation of two separate jurisdictional authorities granted to tribunals generally under the Statutory Powers Procedures Act (SPPA). Section 25.1 (and related sections) of the SPPA empowers tribunals to adopt new procedural jurisdictions by passing procedural rules for their implementation.
If anything, the Early Resolution Program leans more towards being an ADR or mediation process than a pre-hearing procedural ('let's get organized') session. This became more evident with the issuance of a separate "Pre-Hearing Conferences" Practice Direction, effective 01 February 07 [see sub-sec (k.1) immediately below].
Traditionally, ADR tends to focus on settlement of a case while pre-hearing conferences tend to focus on narrowing issues, disclosure of evidence, estimating hearing time, etc. As mentioned, the stated functions of ERP combine these purposes.
The key issue here is whether the Notice will make the full hearing right and its pre-conditions CRYSTAL-CLEAR - or whether ambiguity will conceal it - effectively misleading appellants.
ERP proceedings and documentation produced within them are "privileged" and cannot be later used in evidence at a proper hearing.
Please excuse my cynicism - but I come by it honestly. Keep one thing in mind when you read this: ANY ADR or settlement process - within any legal proceeding - is ONLY going to be productive when all participants competently and fully participate, pre-filing documents as required and attending with equality of knowledge and bargaining power.
The vast majority of represented appellants before the SBT are covered by legal aid - in either clinic or certificate form.
Legal clinics have barely enough budget for a first attendence/conference in a matter, let alone a second. They are swamped as it is with one attendence of 1.5 hours per case - and have been turning cases away by the hundreds for years. Even the specialized Income Security Advocacy Clinic (ISAC) doesn't accept regular ODSP or ODSP eligibility cases.
Legal aid certificates (for private lawyers) have inadequate time coverage for fees as it is without duplicating the attendence/conference commitments in a case. Besides, competent counsel have already explored all oppourtunities for settlement, narrowing and expediting issues as a part of their normal professional service to the client.
Respondent "case presenting officers" (CPOs) only show up for maybe five (5) percent of hearings as it is - under the "old" system with one attendence required. Appellants' counsel trying to settle a case can rarely get anyone on the respondent's side to wrap their mind around a case before the hearing to facilitate settlement as it is - does anyone think that CPOs are magically going to now have free-time to engage in all the preparation required for an ERP session!
Also, present CPO practice gives the CPO no role in "negotiating" settlements. The courts in civil trial "pre-trial conferences" go to great lengths to ensure that whoever attends has "authority" to settle the case - that is, they don't have to go running back to someone else to get permission (thus avoiding "double-dealing").
CPOs have always had to clear any settlement terms with the supervisor back at the office - and those people have their hands full with the day-to-day administration of their programs. Has anyone talked to them about this?
The "Notice of Early Resolution Oppourtunity" (sounds like some junk mail I got yesterday: "You May Have Already Won ...") requires parties to OBJECT to the ERP by their own action - and within ten days. Many appellants are illiterate, poorly skilled in English, intimidated by legal proceedings, mentally handicapped etc etc - does anyone think that such parties can make an informed decision about sophisticated legal issues against a much more experienced CPO on the other side?
Most will show up clutching their papers to find themselves in a foreign world of administration and bureaucracy - and naturally react with the fear or anger already so epidemic amongst the poor.
Experience the family law context has shown that ADR-type procedures are NOT suitable where there is an imbalance in the bargaining power between the parties - why does anyone think this is going to be any different here?
The smart/lucky unrepresented appellants will be the ones who object to - or simply do not attend - their ERP session, for the rules in that case provide that the regular hearing will proceed (but only after Tribunal resources and time have been wasted in the process).
Tribunal members are already stressed at having four or five hearings in a hearing day - not to mention the demands of writing rulings and attending updating and other administrative meetings. Hearing time is already dropped down to one from 1.5 hours - often running overtime.
IF ANY significant consultation was undertaken with the members who actually DO the hearings before this rule was made, it sure hasn't been reflected in the result.
I welcome feedback from any parties having participated in ERP sessions.
Also added by the Tribunal, effective 01 February 2007 are "pre-hearing conferences". They draw on most of the same SPPA authorities as does the "Early Resolution Program" (ERP) [see sub-sec. (k), immediately above]. Both processes allow parties and the Tribunal to address procedural issues in preparation for a hearing, although the ERP program is much more of a "mediation" or ADR (alternative dispute resolution) session. That said, the two are so similar in nature and function that I have a difficult time determining why separate processes are required. Of course, my cynicism about the earlier ERP process is already on-record(above), so I view this separate pre-hearing conference process as just compounding the pointlessness of the ERP.
Readers wanting to review the SPPA provisions that ground the holding of pre-hearing conferences should follow the Isthatlegal.ca links set out in (k) above.
The procedures for pre-hearing conferences are largely the same as for ERP sessions (explained above), including the possible use of a variety of hearing forms including a right to object to non-oral hearings). The Tribunal intends that phone hearings will be used when the issues are entirely procedural in nature.
Pre-hearing conferences may be requested by either party (in writing, with reasons, within 10 days after the appeal is filed)- though only granted if the Tribunal agrees (in which case they are mandatory). Similarly, the Tribunal may simply require a pre-hearing conference unilaterally. The Practice Direction sets out that pre-hearing conferences will be mandatory in any case involving human rights issues being scheduled whenever the human rights issues first arise).
Unlike the ERP, there is provision for the issuance of written procedural orders or directions after a pre-hearing conference. This is consistent with the non-mediation focus of a pre-hearing conference (by comparison, matters discussed in an ERP session are generally "privileged" and may not be raised in the full hearing: see above).
Under the SPPA, the tribunal may adjourn the hearing either "of its own motion" or "where it is shown to the satisfaction of the tribunal that the adjournment is required to permit an adequate hearing to be held" [SPPA s.21]. As no criteria are set down for or against adjournments, common law factors such as fairness, right to counsel, evidence availability, illness etc will apply. (see "Factors Relevant to Adjournment", below).
If an adjournment is granted, the Tribunal will not at that time set the date for the next hearing, but will leave that to staff. They will typically however make the adjournment "pre-emptory", which is a fancy legal word meaning 'last time', indicating that the next hearing must go ahead without further adjournment. That sounds scary but in practice a second (or third) adjournment may sometimes be obtained if adequate reasons are again presented.
If an "administrative" (ie. pre-hearing) adjournment request is refused, the party may still raise the issue at the scheduled hearing before the presiding members.
As noted above, the Tribunal will give at least 30 days notice of the next hearing, unless the parties agree to 'waive' this notice [Reg s.63(3)]. An appellant seeking to have a hearing scheduling accelerated should obtain written consent to waive the 30-day notice from the Director and file this, and their own waiver letter, with the Tribunal. Before doing this however the appellant must be sure that their case is ready to go and that both the appellant and witnesses are available on short notice. The Tribunal has stated in their Practice Direction that unwritten consent to waive the 30-days notice may be accepted from unrepresented parties.
If an adjournment is granted you may hear the Tribunal member say, or include in their written adjournment ruling, that they are OR are not "seized" of the matter. "Seized" means that they will be the member to whom the matter comes back on re-scheduling. A member is "seized" when they start to hear evidence on the main issues in the case. Typically however in an adjournment the matter will be re-scheduled in front of any available Tribunal member.
Advocates who become familiar with the Tribunal members may actually desire to have or not have certain members 'seized' of the matter, depending upon their tendencies in ruling. It can be argued that even the hearing of ANY degree of evidence compels seizure - but on the other hand most members tend to avoid being 'seized' as this may delay the next hearing date to one when they are back at the appellant's location.
The term "consent adjournment" refers to the arranging of adjournments between the parties - "on consent". If such arrangements are made and communicated to the Tribunal well in advance so that the Tribunal has a chance to re-schedule without disruption, then typically there is no need for an attendence at the Tribunal.
The term "consent adjournment" is a bit misleading as it is still for the Tribunal to ultimately agree or not to any private arrangements made between the parties. However as long as the Tribunal is consulted well in advance of any changes - (ie. so that they do not lose any hearing time) - it is my experience that staff is quite amenable and helpful in re-scheduling cases.
The process is simple and practical. An initiating party will typically telephone and/or send a letter to the other part/ies explaining the reason for the adjournment and suggesting alternative dates. Brief written consents (usually just letters) are then prepared expressing consent to the adjournment (they need not be too formal - sometimes a signed hand-notation stating "Approved" in the margin of an adjournment request letter is adequate). Some counsel will include a list of available dates but it is ultimately for the Tribunal to assign a new date.
The practice of consent adjournments is highly desirable as it allows cases to proceed when the appellant is properly prepared. In my practice it has rarely been the situation that a new client's case with a "short date" is fully ready to be argued. It is my hope that the Tribunal's new emphasis on expediting hearings does not sacrifice this highly important flexibility.
If consent to an adjournment is not forthcoming from the other parties or the "administrative Tribunal" and the appellant still wishes it, then the adjournment must be argued before the presiding Tribunal as a preliminary issue at the date scheduled for the hearing. Of course, if that request is lost the appellant should be ready to proceed as best they can that day. Any unfair adjournment refusals resulting in ultimate loss of the case may form the basis of a later "reconsideration request" or court appeal (see these topics below).
In the case of a contested adjournment, it is HIGHLY useful (and expected) practice to put one's arguments and reasons for the adjournment in writing and file it with the Tribunal and serve it on the other parties as soon as possible (ie. as long before the scheduled hearing date as possible). To facilitate quick processing of the request, such letter should include the party's telephone number in the letter. Any party objecting to an adjournment should file their objections in writing, and serve them on the other parties. Unrepresented parties may make such objections by phone if they cannot do so in writing.
Tribunal members review files before hearing and want as much information as possible before they go into it. If they are favourably inclined to your request on the basis of the letter then it can also reduce their busy workload as full review of that file may not be required.
It is important to note that if a Tribunal member hears an adjournment request and grants it then they are not likely to be the hearing member at the new date UNLESS they have 'hear evidence' in the case. If they have heard evidence then they become "seized" of the matter by virtue of the principle that members who decide a case must hear ALL the evidence in a case [OW Act s.66(4)] [see sub-section 1(c) above: "The Social Benefits Tribunal: Basic Principles of Adjudication"].
The situation of late-filed medical evidence in a "person with a disability" (PWD) ODSP eligibility appeal is often the basis for an adjournment (see "Evidence and Submissions Disclosure", below). HOWEVER be aware that the Tribunal is specifically prohibited from allowing an adjournment to "obtain" (ie. go out and get or generate more) medical evidence [Reg 64(3)]. In such cases other reasons for adjournment must be considered.
Have there been prior adjournments? - in which case further adjournments are less likely. Were any prior adjournments "preemptory" (ie. "last time"), in which case the present Tribunal member can still grant another adjournment - but is much less likely to do so.
If counsel has recently been retained this tends to favour adjournment - to give counsel time to prepare the case properly. The absence or recent obtaining of legal aid operates in the same fashion. It is important that this indulgence not become a crutch for counsel unprepared through tardiness or disorganization.
I note that the Tribunal's Practice Direction states that a counsel's date conflict is insufficient reason for an adjournment, and that counsel by undertaking a case already scheduled "must ensure that he or she is available to attend on that date". This policy - while otherwise reasonable - can operate as a manifest unfairness when the client only approaches counsel mere days before a hearing. In any event, my practice in any case of short notice (assuming the client cannot locate other counsel able to proceed, which is rare on short notice) is to send the "prospective" client to the hearing with my letter expressing a willingness to act for them IF the matter is re-scheduled, and assuming full legal aid coverage legal aid is forthcoming. I cannot recall ever having such a request refused by the Tribunal.
Is the appellant "in-pay" of interim assistance (which would likely be extended by an adjournment, costing the Director more money in what they already think is a losing case)? What assurances can an appellant give to reduce this risk (eg. agreeing to quick re-scheduling)?
If time allows the situations of illness, provide evidence in the form of a doctor's letter. On one occasion I was able to obtain an adjournment by presenting my client's hospital ID bracelet with that day's date on it. Otherwise you might bring the person who drove to the hospital - use common sense and do the best you can.
Some indulgence can normally be expected here, particularly if the party is unrepresented. Unfriendly or unreliable witnesses however should summonsed beforehand to be prudent [see sub-section (m) "Evidence", below]. Parties requesting adjournments on such a basis should show a clear plan to resolve the problem and be prepared to agree to a short adjournment only.
As discussed below, it is usual practice for the Director to file written legal and evidentiary submissions before the hearing, serving them on the other parties. They may then attend in person or not. Where such written submissions are filed - but not served - then the appellant is on solid grounds to ask for an adjournment [Act s.23(9)]. However advocates (who know they should be getting written submissions) are ill-advised just to sit back and rely on accident or mistake of the Director in this regard and should be prepared to show a record of communicating with the Director requesting the missing submissions beforehand.(see "Written Submissions", below).
As the Tribunal sits irregularly outside of large urban centres, the frequency of such sittings is a prime factor for all concerned. It may be many months before they are "back in town". Parties should inquire of the Tribunal head office as to this and factor it into any decisions regarding adjournments.
The Tribunal in its Practice Direction states that it may not be able to respond administratively to adjournment requests made less than 10 days before the hearing. While in these cases a letter regarding the adjournment request should certainty still be filed (and served on other parties), parties should be prepared best they can to proceed with the full case on the scheduled date - while arguing the adjournment as a preliminary motion.
Adjournment requests made late or even at the date of hearing (for the first time) should only be based on exigent and unforeseeable circumstances such as the unavoidable unavailability of a witness or party, incarceration, illness, absence of translator, very late retention of counsel, or other emergencies.
Not surprisingly, the "onus" or "burden" of proving a case on appeal is on the appellant [Act s.23(10)]. This is consistent with widespread civil legal practice, and was plainly confirmed by the Court of Appeal in Nassar v Ontario (COMSOC)  OJ #1814 (Ont CA).
Otherwise, the few specific evidence provisions that apply to ODSP appeals before the Social Benefits Tribunal are discussed immediately below.
Specific disclosure and pre-filing requirements are dealt with below: s.1(n) "Evidence and Submissions Disclosure".
As noted above, a summons is effectively a Tribunal "order" compelling a person to attend at a hearing as a witness, with any specified documentation.
It is the practice of the Tribunal to pre-approve all summons issuances. Parties should forward a letter to the CSR as soon as the need for the summons is known, with an explanation of the need for it.
Where evidence would normally be admitted from a witness by way of a written report (as with medical doctors or other experts) then the unsuccessful efforts to obtain the evidence in written form should be described to show best efforts. Do not be afraid to summons an unco-operative doctor.
Note that it is the responsibility of the party who requests the summons to serve it on the witness, provide them with the necessary attendence fee and travel allowance (ie. money), and prepare and file an affidavit of service.
In addition to attendence fee and travel allowance paid by a party if a witness is summonsed (see "SPPA: Evidence: Witnesses" at the above link), the Tribunal may financially assist witnesses in "financial hardship" with "travelling and living expenses necessary to enable his or her attendance at the hearing" [OW Act s.66(5)].
Bring such requests to the attention of the Tribunal in writing as soon as the need for them is known, and in any event well before the hearing.
Second, the affidavits of the friends and neighbours were virtually swept aside as being not objective. This, in my opinion, is not justifiable. That evidence is prima facie true because the deponents were put to their oath. The Board did not see those witnesses and I find it difficult to understand how they could reject them as a class. The appellant has to prove a negative and it can be expected that she will have difficulty in finding witnesses who will be willing to come forward in person. It can be expected that those that do support her may be viewed as slanting their evidence in her favour but that does not render the evidence unacceptable nor was this evidence attacked in this case by the representative of the Commissioner except by way of argument.
In Massey v Ontario (Director, FBA)  OJ #1387 (Div Ct) the court allowed a recipient's appeal on natural justice grounds where - in the course of the appeal hearing - the appellant had relied on the presiding member's comment to the effect that there was 'no need to call witnesses', in not calling such witnesses.
Like most court litigation today, much of the evidence used in a SBT hearing will be in document form. In addition, it is the practice of Directors to file their legal submissions (argument) in writing - often as an alternative to attending in person [Act s.23(7)] (although sometimes they do both). Typically - documentary evidence and written submissions of the Director are combined in one package (the "Director's Submissions"), with the evidence being appended as "exhibits".
It is the right of any party to "examine" (invariably, receive a copy of) - before the hearing - any documentary evidence or written submissions which another party intends to submit at a hearing [Act 23(8)(9)]. In Re Cardinal and COMSOC (Director, FBA) 32 O.R. (2d) 65 (1981) the Divisional Court allowed an appeal, finding that it was inappropriate for a tribunal (there the previous Social Assistance Review Board) to consider evidence that had not been provided to the appellant. Where documentary evidence arises late and the Director (as is common) does not appear at the hearing, the Tribunal is usually inclined to adjourn the matter so that the evidence can be delivered to and considered by the Director.
As noted above regarding "Notices of Hearing", a Notice of Hearing for a written hearing shall state the "dates by which the parties are required to provide their written submissions and documentary evidence to the Tribunal" [Reg s.63(2)(b)].
As such the specific timelines for service and filing for a written hearing will be set out in that Notice. For general procedures for "Paper Hearings", see that topic below at s.2(c).
if an Director or any other party, 10 days before the hearing [Reg s.65(2)(b)].
Note that there are special rules (discussed below under "Additional Medical Evidence in PWD Appeals") for filing and serving additional medical evidence in ODSP "person with a disability" medical eligibility appeals.
These timelines can be varied by the consent of the parties.
If such documentary evidence and/or written submissions are submitted late and the other parties do not agree to its late admission, then the Tribunal may either: accept the evidence, refuse to admit the evidence or submissions, or grant an adjournment (to allow it to be properly served) [Reg s.65(3)].
There is a another rule [Reg s.62(2)] that any Director's written submissions must be filed with the Tribunal within 30 days after the Director is served with the Notice of Appeal (by the Tribunal). However lateness of submissions under this rule is so chronic that it is now rarely enforced. Practically the other specific timelines set out above govern this situation.
In ODSP medical eligibility appeals, where the appellant is trying to prove that they are a "person with a disability" ("PWD"), it is common for the appellant to obtain additional medical evidence that was not filed with the original application. Such evidence is discussed extensively in Ch.9: "Person with a Disability".
While such evidence should be provided to the Disability Adjudication Unit (DAU) promptly upon being received - so that they might reconsider their decision in light of it - any such evidence filed (with the Tribunal) and served (on the DAU) at least 30 days before a scheduled hearing (of whatever form) shall be admitted and considered by the Tribunal [Reg s.64(1)] if it is relevant to a condition that the appellant had at the effective date of the original Director's refusal decision. This is the 'target date' discussed in Ch.9, s.2(c), which is invariably the date that the medical portion of the ODSP application (HSR/ADL Report) is completed by service on the DAU.
This obvious point [regarding Reg 64(1)[ was affirmed by the courts in both Omar v. Ontario (Disability Support Program) (Div Ct, 2007) and later in Jemiolo v. Ontario Disability Support Program (Div Ct, 2009). In Omar the court clarified that Reg 64(1) did not conflict with Reg 47(7), which requires the DAU to "(r)eview new evidence relating to a person's status as a person with a disability before the information is received by the Tribunal on an appeal."
Appellants doing this should also be aware of the mail delay rule (generally mail is deemed received the third day following the date of mailing: Act s.50).
As noted above, where late evidence arises in oral hearings the Tribunal has discretion to admit, refuse to admit, or adjourn a hearing (to allow for proper service) [Reg s.65(3)]. While the rule technically only applies to oral hearings, it is likely to be applied in paper and telephone hearings as well.
When the situation of late evidence arises, the best route is to communicate the problem to the Tribunal and the other parties as soon as it is known. When the evidence arrives, serve and file it IMMEDIATELY - even if it is late - and seek the other parties' consent to its late admission into use.
The Tribunal's main concern with late-served evidence or submissions is that the other party has had a chance to review and - if they want - respond to the evidence [Act s.23(8)(9)]. If honest and prompt efforts have been made in this regard, Tribunal members tend to be sympathetic.
The Tribunal shall not adjourn a hearing date in order to permit an appellant to obtain further reports described in paragraph 5 of subsection 14 (2).
In Domitraschuk v Ontario (COMSOC)  OJ #1192 (Div Ct) the court refused to reverse a Board ruling where there had been a failure to disclose documents, where the failure did not result in any prejudice to the appellant.
In Re Ellis and COMSOC 28 OR (2d) 385 (Div Ct) when the Director's submissions only came to the attention of the appellant at the date of hearing, and raised previously undisclosed issue, proceeding with the hearing was reversible error as it denied the appellant the right to call evidence and make submissions on the issue.
Most legal adjudication processes, such as civil court trials, have evolved procedures to deal with situations where a full hearing is unwarranted. These situations can include those where a party is in "default" (ie. has failed to participate in the process or to respond to initiating documentation), where available legal procedures are being abused ("abuse of process"; "frivolous and vexatious litigants"), where the tribunal lacks jurisdiction to consider the matter - and others.
Where a party, without reasonable cause, fails to "file the information required for the appeal within the required time" then the appeal shall be denied [Act s.29(1)(a).
This provision has the potential to be quite harsh, but for that purpose is surprisingly vague. There are already more specific pre-filing requirements for "written submissions" and "documentary evidence" (see "Evidence and Submissions Disclosure", immediately above), that have their own regime of sanctions for lateness (ie. accept or refuse materials, adjourn) [Reg s.65(3)]. These more specific provisions would - by virtue of basic rules of statutory interpretation - be applied in priority to the above s.29 rule.
However it is also a rule of statutory interpretation that all legislative provisions should be given some meaning, and s.29 is part of the Act - not just the Regulation - after all. It remains unclear to me what this meaning might be.
Where the appellant, in an oral hearing, fails to attend without reasonable cause at the appointed time and place then the appeal shall be denied [Act s.29(1)(b). Similarly, where the appellant, in an electronic hearing, fails to be available to bep contacted without reasonable cause then the appeal shall be denied [Act s.29(1)(c).
In situations such as this the appellant should do all in their power to communicate to the Tribunal any anticipated lateness, absence, unavailability, etc AS SOON AS POSSIBLE from the problem arising. Such things as a faxed note (ideally with evidence - eg. a doctor's note), telephone calls to the CSR or even attendence by a friend or family member should be attempted.
Appeals dismissed for this reason might be reinstated by way of a reconsideration request if good evidence of the reason for the problem later becomes available. The Tribunal tends to be quite forgiving in such circumstances.
Any summary dismissal for non-participation as above (ie. under Act s.29) bars any further appeal on any subsequent Director decisions on the same issue for two years from the original decision [Act s.29(2); Reg s.69]. In keeping with the mandatory sympathetic interpretation of ODSP legislation (Rizzo), it is likely that this rule would be narrowly applied - that is, only to subsequent decisions grounded entirely on the same original facts. Any new or varied facts should avoid this provision and allow appeal in the normal course.
The Tribunal MUST, as a preliminary matter either before or at the hearing date, refuse to hear an appeal that it deems to be "frivolous or vexatious" [OW Act s.28]. Further, when this power is exercised there is no duty of the Tribunal to otherwise process the appeal, issue reasons for the decision - and neither is a reconsideration request (see below) available after such a refusal [OW Reg s.62(4)].
This is a broad and ill-defined power that is - and should be - rarely used. Specialized legal advice must be sought if this happens to you.
For an appeal to be 'frivolous and vexatious', it is likely that a malicious or mischievious intent must be shown. However care must be taken - particularly with the high proportion of mentally ill persons on social assistance - not to misconstrue the symptoms of illness as evidence of such malice. Schizophrenics in particular are prone to making wide conspiratorial allegations that often contain nuggets of truth buried within them. In such cases preliminary dismissal of a proceeding before full exploration of the issue is a patent injustice. Indeed, in such PWD cases the appellant's delusions and hallucinations are often the most material and compelling evidence of substantial impairments.
That is not to say that frivolity and malice cannot be present coincident with mental illness, but natural justice would seem to demand - in all but the most plain cases of triviality (even 'theatre') - that an oral voir dire (preliminary hearing) on this issue be held by a presiding member.
I note further that the Tribunal has specific rule-making authority under the Statutory Powers Procedures Act (SPPA) to create "frivolous and vexatious" summary dismissal jurisdiction for itself (see the SPPA program: "Tribunal Rule-Making Authority: Summary Dismissal for Cause"). Exercise of this SPPA jurisdiction involves attendent procedural protections (ie. notice, oppourtunity for response, etc) [SPPA s.4.6]. It is an open question as to whether any exercise of the Tribunal's "frivolous and vexatious" jurisdiction requires compliance with these procedures. Even if this is not the case, any such jurisdiction must be exercised in accordance with the principles of natural justice, and the general provisions of the SPPA (see SPPA program "General SPPA Rules").
I have just referred to the Tribunal's right to 'give itself' summary dismissal jurisdiction when it makes rules under SPPA s.4.6 (above). However absent such rules the SPPA does not provide for any general summary dismissal jurisdiction in the tribunals which it governs.
That said, the SPPA does grant general authority to Tribunals to "make such orders or give such directions in proceedings before it as it considers proper to prevent abuse of its processes" [SPPA s.23(1)] (see SPPA program: "General SPPA Rules: Sumary Proceedings"). This power is designed more for nuisance or bad faith behaviour situations than for situations which legitimately require something less than the full hearing procedure.
A further broad authority exists for SPPA-governed tribunals to make "orders with respect to the procedures and practices that apply in any particular proceeding" [SPPA s.25.0.1]. It is in this section that any general summary procedure authority for SPPA-tribunals could be more comfortably located.
Both of these sources of jurisdiction are broad in their remedial authority and will likely be interpreted broadly by a reviewing court, provided that the tribunal has exercised them in a considerate and restrained manner. In a proper case they could be used to dismiss or abbreviate a proceeding.
It sometimes happens, for a variety of reasons, that the appellant wishes to withdraw or cancel their appeal. This can be done easily by sending a signed letter to that effect to the client service representative (CSR) at the SBT. A copy can be sent to the other parties but the Tribunal will notify them in writing in any event, and confirm the withdrawal to the appellant in writing.
CAUTION. For purposes of interim income support, the legal effect of a withdrawal is the same as the issuance of a final order of the Tribunal DENYING the appeal [Reg s.67(4)]. Therefore (unless the withdrawal is due to the Director "giving in") any interim income support that has been paid pending the appeal will now be repayable as a debt either by way of overpayment deduction or otherwise [Act s.27] (see Ch.11, s.3: "Director Decisions: Overpayment Decisions").
ALL issues subject of appeal are satisfactorily addressed in the Director's writing.
Note that the Director, in such a case will typically only want to rely on its computer-generated notices to declare the status of the applicant/recipient. It has always been my practice to set out the terms of the settlement in a letter to the Director, and to await written confirmation of agreement before withdrawing any proceedings.
In similar circumstances (no written acknowledgement of settlement) I have seen adminstrators unilaterally write the Tribunal advising that the 'matter has been settled' - and would they please "withdraw" the appellant's appeal? Such behaviour is unacceptable and should be guarded against by prompt written complaint to the Tribunal. The Tribunal will not knowingly withdraw an appeal without written direction to do so from the APPELLANT.


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Home Papal Library Jubilee of Workers
Papal Library
Rerum Novarum Leo XIII May 12, 2021
Christus Dominus Pius XII April 19, 2021
Arcanum Leo XIII April 19, 2021
Jubilee of Workers
Mar 17, 2021 / Post by by Catherine Frakas
Jubilee of Workers Homily of the Holy Father John Paul II May 1, 2000	1. Lord, give success to the work of our hands (Responsorial Psalm). These words we repeated in the Responsorial Psalm clearly express the meaning of today's Jubilee. Today, 1 May, a united prayer rises from the vast and multifaceted world of work: Lord, bless us and strengthen the work of our hands! Our labours-at home, in the fields, in industries and in offices-could turn into an exhausting busyness ultimately devoid of meaning (cf. Eccl 1: 3). Let us ask the Lord for it to be the fulfilment of his plan, so that our work may recover its original meaning. And what is the original meaning of work? We have heard it in the first reading from the Book of Genesis. God gave man, created in his image and likeness, a command: Fill the earth and subdue it (Gn 1: 28). The Apostle Paul echoes these words when he writes to the Christians of Thessalonica: When we were with you, we gave you this command: If any one will not work, let him not eat, and exhorts them to do their work in quietness and to earn their own living (2 Thes 3: 10, 12). In God's plan, work is therefore seen as a right and duty. Necessary to make the earth's resources benefit the life of each person and of society, it helps to direct human activity towards God in the fulfilment of his command to subdue the earth. In this regard another of the Apostle's exhortations echoes in our souls: So, whether you eat or drink, or whatever you do, do all to the glory of God (1 Cor 10: 31). 2. While the Jubilee year turns our gaze to the mystery of the Incarnation, it invites us to reflect with particular intensity on the hidden life of Jesus in Nazareth. It was there that he spent most of his earthly life. With his silent diligence in Joseph's workshop, Jesus gave the highest proof of the dignity of work. Today's Gospel mentions how the residents of Nazareth, his fellow villagers, welcomed him with surprise, asking one another: Where did this man get this wisdom and these mighty works? Is not this the carpenter's son? (Mt 13: 54-55). The Son of God did not disdain being called a carpenter and did not want to be spared the normal condition of every human being. The eloquence of the life of Christ is unequivocal: he belongs to the working world', he has appreciation and respect for human work. It can indeed be said that he looks with love upon human work and the different forms that it takes, seeing in each one of these forms a particular facet of man's likeness with God, the Creator and Father (Encyclical Laborem exercens, n. 26). The teaching of the Apostles and of the Church derives from Christ's Gospel; a true and proper Christian spirituality of work flows from it and was eminently expressed in the Second Vatican Ecumenical Council's Constitution Gaudium et spes (nn. 33-39 and 63-72). After centuries of heated social and ideological tensions, the contemporary world, ever more interdependent, needs this Gospel of work so that human activity can promote the authentic development of individuals and of all humanity. 3. Dear brothers and sisters who today represent this entire working world gathered for this Jubilee celebration, what does the Jubilee say to you? What does the Jubilee say to society, for which work is not only a fundamental structure but also a proving ground for its choices of value and culture? Since its Hebrew origins, the Jubilee has directly concerned the reality of work, since the People of God were a people of free men and women redeemed by the Lord from their condition as slaves (cf. Lv 25). In the paschal mystery Christ also brings to fulfilment this institution of the old law, giving it full spiritual meaning but integrating its social dimension into the great plan of the kingdom, which, like leaven, causes the whole of society to make true progress. Therefore the Jubilee Year calls for a rediscovery of the meaning and value of work. It is also an invitation to address the economic and social imbalances in the world of work by re-establishing the right hierarchy of values, giving priority to the dignity of working men and women and to their freedom, responsibility and participation. It also spurs us to redress situations of injustice by safeguarding each people's culture and different models of development. At this moment I cannot fail to express my solidarity with all who are suffering because of unemployment, inadequate wages or lack of material resources. I am well aware of the peoples who are reduced to a poverty that offends their dignity, prevents them from sharing the earth's goods and obliges them to eat whatever scraps fall from the tables of the rich (cf. Incarnationis mysterium, n. 12). The effort to remedy these situations is a labour of justice and peace. The new realities that are having such a powerful impact on the productive process, such as the globalization of finance, economics, trade and labour, must never violate the dignity and centrality of the human person, nor the freedom and democracy of peoples. If solidarity, participation and the possibility to manage these radical changes are not the solution, they are certainly the necessary ethical guarantee so that individuals and peoples do not become tools but the protagonists of their future. All this can be achieved and, since it is possible, it becomes a duty. The Pontifical Council for Justice and Peace is reflecting on these themes and is closely following developments in the world's economic and social situation, in order to study their effects on the human being. The result of this reflection will be the Compendium of the Social Teaching of the Church, which is now being compiled. 4. Dear workers, our meeting is illumined by the figure of Joseph of Nazareth and by his spiritual and moral stature, as lofty as it is humble and discreet. The promise of the Psalm is fulfilled in him: Blessed is every one who fears the Lord, who walks in his ways. You shall eat the fruit of the labour of your hands; you shall be happy, and it shall be well with you.... Thus shall the man be blessed who fears the Lord (127: 1-2, 4). The Guardian of the Redeemer taught Jesus the carpenter's trade, but above all he set him the most valuable example of what Scripture calls the fear of God, the very beginning of wisdom, which consists in religious submission to him and in the deep desire to seek and always carry out his will. This, dear friends, is the true source of blessing for every person, for every family and for every nation. I entrust all of you, your Jubilee and your families to St Joseph, a worker and just man, and to his most holy wife, Mary. Lord, give success to the work of our hands. Bless, O Lord of the centuries and the millennia, the daily work by which men and women provide bread for themselves and their loved ones. We also offer to your fatherly hands the toil and sacrifices associated with work, in union with your Son Jesus Christ, who redeemed human work from the yoke of sin and restored it to its original dignity. To you be praise and glory today and for ever. Amen.

redpajama_set_name: RedPajamaCommonCrawl


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Oklahoma Revenue Down 3.8% Amid Coronavirus Pandemic
Public Radio Tulsa
OKLAHOMA CITY (AP) — Oklahoma revenue collections for the calendar year 2020 declined by 3.8% as the coronavirus pandemic swept the state, state Treasurer Randy McDaniel said Friday.
The state collected nearly $13.2 billion in taxes and fees for the year, $520.9 million less than the previous year.
"The state's economy declined in 2020," McDaniel said in a statement. "Hopefully, we will see improvement in the months ahead as the (coronavirus) vaccine becomes widely available."
December collections of $1.16 billion were 0.4% below December 2019, an improvement from the 2% decline in year-to-year numbers reported in November, the treasurer reported.
Tax collections on hard-hit oil and gas production for the year fell the most, down $396.3 million, or 38.6%, to a total of $630.1 million.
The state health department reported 320,586 total virus cases and 2,703 deaths Friday, including a one-day record increase of 5,232 cases and 31 more deaths.
The seven-day rolling average of new cases in Oklahoma has risen from 3,478.43 per day on Dec. 24 to 3,488.29, according to data from Johns Hopkins University. The data ranks Oklahoma seventh in the nation in new cases per capita with 1,072.7 per 100,000, down from 1,096.5 per 100,000 and the fourth-highest rate in the nation reported Monday.
Municipal Advocate Warns Sales Tax Exemptions Hurting Local Budgets During Pandemic
Facing a difficult economic recovery from the coronavirus pandemic, the group representing Oklahoma's city governments told state lawmakers during an…
Total Spending Authority up from Current Year in 1st FY2022 Budget Estimate
Updated Dec. 22, 6 a.m. to clarify no revenue was certified at the board's meeting. All numbers are estimates. Oklahoma's fiscal year 2022 budget seems a…
State Health Department Asks For Patience With COVID Vaccine Portal
More than a quarter million Oklahomans have registered through the COVID vaccine portal since Wednesday, according to the state health department.At the…


WASHINGTON (March 5, 2012) – National Geographic announces the kickoff of the first National Geographic Student Photo Contest to win a trip on a National Geographic Student Expedition this summer. This contest invites high school students to submit a photo and a short statement describing the photo and how it captures the essence of what exploration means to them. The grand prize is a summer 2012 London Photography Workshop, including round-trip airfare and program tuition, valued at approximately $6,500.
The London Photography Workshop is a unique program that gives students a once-in-a-lifetime opportunity to learn creative and technical photography techniques in a world-class destination. A top National Geographic photographer as well as professional photography instructors work with students in small groups to teach a broad range of themes, including light and shadow, composition, depth of field, motion, photographing people, and much more. During the 12-day program, students live in the University of London Garden Halls campus. Mornings are spent in the classroom, editing work, taking lessons and participating in group critiques. Students spend afternoons shooting in the field. The London Photography Workshop is one of many summer student travel programs offered by National Geographic Student Expeditions.
To enter the contest, U.S. high school students must submit via the online entry form a photograph that captures the spirit of exploration and discovery. Along with the photo, students must submit a 100-word statement that describes the photo, the date and location it was taken, and how it depicts the student's experience of exploring his or her world.
The contest is open to U.S. residents who are currently in grades 9 through 12. Submissions will be accepted from now until April 1, 2012, and a winner will be selected and notified by email by April 16, 2012.
National Geographic Student Expeditions, the high-school student travel program of the National Geographic Society, was founded on the same belief in the importance of exploration that has been the hallmark of the Society's 124-year history. National Geographic Student Expeditions offers trips to 20 destinations across six of the seven continents. Each National Geographic Student Expeditions travel program is joined by top-tier experts, including anthropologists, biologists, explorers, naturalists, photographers, filmmakers and historians and is led by a team of dynamic trip leaders. On each program, students select an On Assignment project that allows them to focus on a specific topic, such as Photography, Wildlife & Conservation, Filmmaking, Archaeology or Community Service.
This project-based program enables students to further engage with the places they visit. Three types of student travel programs are available, and each provides a unique learning experience. Students may participate in community service trips, field workshops or expeditions. Destinations include domestic locations such as Alaska, Yellowstone National Park and the Grand Canyon. International trip destinations include the Galapagos, Cambodia, Buenos Aires, London, Iceland, Australia, Peru, Tanzania and China. National Geographic Student Expeditions strives to maintain immersive educational and cultural experiences through its specialty travel programs to unique locations worldwide.


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Harmonising LNG Bunkering in a safe and efficient manner
Rome - DNV GL is launching a new Recommended Practice (RP) on LNG Bunkering in the Middle East & South Asia.
Sea Transport - Shipyard and Offshore - Shipowners - Cruise and Ferries - Ports - Sea Transport - Finance and Politics - Commodities - Oil and Energy - Regulation - Middle East
DNV GL is launching a new Recommended Practice (RP) on LNG Bunkering in the Middle East & South Asia. The launch in Doha is in conjunction with Qatar's announcement that it is going to establish a strategy of supplying LNG as a marine fuel in Qatar and the other countries forming the Gulf Cooperation Council (GCC). "Qatar's entry as a provider of LNG for the marine industry will be a game-changer given that it is the largest single exporter of LNG globally. Concurrently launching the RP will ensure bunkering operations are predictable, safe and compatible in Qatar, across the Middle East and the rest of the world," says Shahrin Osman, DNV GL Regional Manager Maritime Advisory Middle East & India. In the last 2-3 years, DNV GL has witnessed a significant change in the shipping industry's opinion on the use of LNG as a marine fuel. There is no longer any doubt that LNG will become one of the major shipping fuels. A few weeks ago, the milestone of 100 LNG-fuelled ships either already operating or as confirmed newbuilds was passed. Whilst these impressive developments have been ongoing, the development of international standardisation has lagged behind. The first step in addressing that gap was the publication of the ISO Committee's draft guideline on LNG Bunkering in June 2013.
As a further development and on the basis of the ISO principles, DNV GL has prepared a Recommended Practice for LNG Bunkering, the overall objective of which is to establish the guidelines and recommendations required to protect people and the environment during the development and operation of LNG bunker facilities. The achievement of safe and reliable operations is based on international laws and standards, practices in similar industries and DNV GL's extensive experience in the entire LNG value chain. The RP provides an internationally accepted starting point for any development and safe operation of bunkering facilities. DNV GL expects the market to develop and that the ship types using LNG will increase from short-sea to long-haul trade. There will also be a greater need for harmonisation to ensure safety and efficiency in the bunkering process worldwide, primarily to safeguard those who are involved and uphold the LNG industry's excellent safety track record.
"Another important reason for launching the RP is to minimise the barriers to entry in this market by establishing common equipment and procedural requirements worldwide. This will allow more players to enter the market so that individual ships are not limited to bunkering in just a few locations," adds Mr Osman. According to Mr Abdul Aziz Al Muftah, Director of Industrial Cities, Qatar Petroleum (QP) and Chairman of the Steering Committee on LNG as Fuel: "The forthcoming international environmental regulations will create a demand for more LNG-fuelled ships. Concrete initiatives will be taken by Qatar Petroleum to build the first LNG-fuelled harbour tug for the Ras Laffan port and the first two LNG-fuelled offshore service vessels (OSVs) for QP offshore fields." The DNV GL RP will be a useful tool for building the necessary regulatory framework to ensure safe and reliable bunkering operations for the above future LNG fuelled vessels. Over the past 14 years, DNV GL has collaborated extensively through Joint Industry Projects (JIP) and direct engagements in both the maritime and gas industries and across the entire LNG value chain to discover the feasibility of LNG bunkering in all the key shipping locations worldwide. This collaboration has been one of the keys to our success. The list of engagements covers North America, Norway, Rotterdam, Antwerp, Sweden, Australia, Korea, Singapore and Qatar to name a few locations, all of which have resulted in positive outcomes as to the feasibility and viability of having LNG supplied and bunkered as marine fuel.
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My MFA midway is all but done. One highlight during the Participation Reception for the exhibition on a street artist, whose whereabouts remain unknown, was a reading by Bruce Isaacson, Clark County's Poet Laureate. He sends along his prose written in honor of the "installation on the lost artist 'Bunko'" and performed with the impassioned cadence of slam poetry.


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This bed cover is the piece-de-résistance of sweetly romantic 'Morning Glory' home collection. The collection is heavily inspired by the design language of traditional Indian chintz. However the palette is cheery and sweet with a hint of European aesthetics. The piece is intricately screen printed by hand with vertical floral trellises that are offset by a frame of floral borders. Accentuate this beauty with complementary pieces from the same collection or with solids of similar hues to make a statement like never before. It is your impeccable choice this summer to renew the look of your interior spaces with a romanticflair.


Here's where to find the three football/soccer stadiums in Fortnite and score on different pitches.
You've only got a couple more days until the start of Fortnite Season 5, so you'll have to get this done quickly.
This is one of the week 7 challenges in Fortnite, which earn you Battle Stars that count towards your Battle Pass progress for the season.
This is an interesting challenge, because it sends you all across the Fortnite map and gives you a fun and sometimes difficult task to do when you get there. Hopefully it'll turn out more like when we had to work together to raise the Loot Lake disco ball of few weeks ago, rather than when we had to scour the map for F-O-R-T-N-I-T-E letters and everyone and their mum was camping next to them.
You'll need to score on five of the seven pitches to complete your challenge.
All you have to do is kick the ball in the centre of the pitch into one of the goals on either side. You'll know when you've scored because the ball will burst into confetti.
You can't shoot the ball, so don't waste your bullets.
You can either head straight for the pitches and chance your luck at being the first there.
Or alternatively, you can wait until the mid-game when some of the competition has dissipated, but the storm circle isn't keeping you from getting to where you need to.
This is the biggest outdoor football pitch, and it's new, so it'll probably attract the most attention. If you decide to head straight here, try to get the challenge done as quickly as possible. There are multiple weapon spawns around the stadium, so there will likely be campers waiting for you later on.
This is a smaller pitch on much flatter terrain, so there should be fewer places for people to camp unseen.
This pitch has been in the game for a while now, so it might be a bit more familiar to you. Check your corners and the bleachers as you enter. This last pitch is quite small, so it should fairly quick and easy to hit the back of the net.
There are now four more secret pitches that you can find. The first is in the car park on the eastern side of Flush Factory.
The goal posts are toilets.
The second one is in the field in the northeast of Fatal Fields.
This one's a bit tougher because you've got scarecrows as defenders and a goalie.
You can find the third one under the cinema screen at the south side of Risky Reels.
And the final secret pitch is in the container area that's south of Tomato Town and north of Retail Row.
You need to kick the ball into the shipping containers on each side of the ball. The pitch is on the eastern side of the area.


The Birmingham Popular Mathematics Lectures are open to all members of the public and the University who are interested in the study of Mathematics. They are particularly suitable for those studying Mathematics at A Level and we also welcome advanced GCSE students. Young people are welcome on their own, with parents or with a school group.
The lectures are free of charge and in general there is no need to register. The lectures runs in the Watson Building (School of Mathematics) on the last Wednesday of each month, arriving from 6.30pm onwards for a 7pm start. Please note that the LMS lectures in September have different timing and you will need to register, see below.
If you are travelling by minibus please contact us to arrange parking, otherwise please see the University's general travel information which includes a campus map, where the Watson Building is labelled R15.
Please contact the Outreach and Schools Liaison Officer for more information.


This is Elvis! He's been with us for three months after we adopted him from rescued treasures when he was two months old. He was tied outside at an overcrowded shelter down south before rescued treasures saved him. Now he loves cuddling on the couch with the crochet blankets, eating fish, and playing with his big sister Butterscotch. He goes everywhere with us but he especially enjoyed barktober fest where he had his first pup-kin spice latte!


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We live in America were blacks can play the knockout game sucker punching whites some died from it and nothing was even said hardly. yet use the N word and all hell breaks loose. also black on white crime is 85% white on black only 15%. so please stop whining alfready..
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text:
America's Pact with the Devil
Kary Love
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PERSPECTIVE--You know you are in a dark place when you must cite Adolf Hitler to support your side of the argument.
Say what you will about Mr. Hitler, he fought in World War I, in the front lines, and was awarded the Iron Cross for his "service." Despite the infamy of his later career, he did his patriotic duty as a German citizen, and was seriously injured in combat by mustard gas—also known as a criminal chemical weapon. Poison weapons have long been criminal in the laws of war.
Mr. Hitler did not claim exemption from military service, like some we know, because of "bone spurs" in his feet. Nor did he seek "Student exemptions" to avoid combat. Nor did his Dad get him assigned to "service" in the National Guard at home so he could stay in the background while others served in the front lines.
No, Mr. Hitler went in the shit and faced the reality of war. As a result, he learned some valuable lessons. One he learned, at least, we should all recall.
Late in World War II when it was clear Nazi Germany had lost, one "super weapon" remained that Hitler's "Pentagon"—his military generals and advisors urged him to use: chemical weapons. Germany had built and stockpiled enough that some argued unleashing those satanic killers could turn the war in the Nazi's favor. Nazi Germany reportedly had stockpiled 12,000 tons of Sarin nerve gas by the end of the war, enough to kill millions of people. Hitler had been urged by high level military commanders to use the Sarin against their enemies.
No one knows why Hitler refused to authorize the use of these weapons when he did authorize using poison to kill millions of innocents in gas chambers. One problem with these weapons is they murder indiscriminately – killing not only combatant soldiers, but the few innocent children, women and elderly still remaining after years of killing. Maybe it was his experience of being temporarily blinded by mustard gas in WWI. Maybe it was something else, but Adolf Hitler would not countenance the use of chemical weapons.
Chemical weapons are criminal under the laws of war for the same reason biological (germ warfare) and nuclear weapons are criminal. They cannot be used in a targeted way, so that they kill only the soldiers of the enemy which is "legal", but are indiscriminate, uncontrollable and escape and kill everything in their path. Since the purpose of legal war is not the indiscriminate slaughter of the innocent, but only of enemy combatant soldiers, such weapons are criminal. Long ago our forebears named pestilence the FIRST Horseman (in this case being First means being Worst) of the Apocalypse for a reason.
War may be hell, but the long, slow human evolution to "honorable" soldiers from mere barbarism, has produced a law of war that makes indiscriminate slaughter of the innocent a crime carrying the death penalty. The USA hung persons guilty of such crimes following trials at Nuremberg, Germany and Tokyo, Japan, to declare to all the world that even in war, law existed, and soldiers who followed it could be honored, those who did not were to be hung.
It is curious then, that today the USA has engaged in a great deal of research and development of germ warfare weapons. As reported in the Bulletin of the Atomic Scientists the USA has an unknown number of bioweapons capable labs, run in an apparently haphazard fashion, with a history of error, and is building more.
I am not sure this makes any sense. I had the experience in my prior life of representing whistleblowers who worked for the US Army Command which was "tasked" with the job of "ensuring" the viability of America's nuclear, biological and chemical weapons. In one case involving binary nerve gas, a nasty gem that causes instantaneous death if one molecule touches naked skin and for which there was no known antidote, I learned the US had stockpiled 5,000 tons of the stuff. Now a ton is 2,000 pounds. And that is a lot of molecules: Avogadro's number of molecules in one mole is 6.023 x 10 to the 23 power. That huge number is getting near the number of stars in the milky way galaxy. And if you do the math, you get a lot of molecules of binary nerve gas. One expert told me that six fluid ounces, one half a can of coke worth, could kill most of the folks in the USA if released and aerosolized by fire (in the case we were dealing with flying the stuff around the USA to test its "viability.") Maybe we had too much of it?
Now we have the SARS2 virus, and people are raising the question, did it come from a biolab in China, or maybe the USA? Even if it did not, there is a high statistical probability the next pandemic will originate from a biolab error. Trying to contain viral particles requires perfection, technological and human, and perfection is not our forte.
It is humbling to have to cite Mr. Hitler for support, but in calling for the US Government to begin to reduce its bioweapons stockpiles, research and development, one draws support from whence one can. With all due respect, if it was odious to Mr. Hitler to use poison as a weapon, do we really need any other expert opinion? After all, is he not the internationally recognized devil? If it was beyond the pale for the very devil, is that not enough for any rational human being to renounce it? Or, did I miss something, and did Mr. Hitler win World War II and a Nobel?
(Kary Love, provided CityWatch by PeaceVoice, is a Michigan attorney who has defended nuclear resisters, including some desperado nuns, in court for decades and will on occasion use blunt force satire or actual legal arguments to make a point.)
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Wests Tigers NYC Coach Todd Payten has named his side to play Penrith Panthers at Campbelltown Sports Stadium on Sunday, March 17.
The match kicks off at 12.45pm and will be played before the NRL clash.
Wests Tigers opened the season with a hard fought win over Newcastle on Monday night.


Over the past year, the Ohio Conference of Community Development (OCCD) has sought to provide value to both the State of Ohio Development Services Agency, Office of Community Development (OCD), and to local governments across the State of Ohio in a variety of ways. One way that we have done this is to collect, organize, and disseminate information regarding successfully implemented programs utilizing funding from the U. S. Department of Housing and Urban Development (HUD). This information should be useful to a variety of groups, including state and federal legislators, local elected officials, and practitioners within the field of community development. Best Practice Fact Sheets can be accessed at www.occd.org>Learning Resources>Best Practices Fact Sheets.
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The American Red Cross Pillowcase Project is a free, interactive preparedness program designed for youth ages 8 to 11. The program aims to increase awareness and understanding of natural hazards and teaches safety, emotional coping skills, and personal preparedness.
Through instructor-led presentations, students learn the best ways to stay safe and how to create their own emergency supply kits by packing essential items in a pillowcase for easy transport during a disaster. Students also have the opportunity to decorate and personalize their pillowcases and share what they've learned with friends and family.
The curriculum meets many of the Common Core State Standards for grades three to five.
The Red Cross will be delivering The Pillowcase Project in Denver Public Schools and in identified schools throughout the Colorado & Wyoming Region. Additionally, you may request The Pillowcase Project one-hour presentation for your school or youth program by selecting The Pillowcase Project from the drop-down menu on our Request a Presentation form.
For more information about The Pillowcase Project and how your school, after-school program or community group can participate, please select "The Pillowcase Project" on this Presentation Request Form and a Red Cross representative will be in touch with you within 3-5 business days.