Financial Administration Act (R.S.C., 1985, c. F-11)

Act current to 2017-11-20 and last amended on 2017-10-06. Previous Versions

Marginal note:Group insurance and benefit programs
  •  (1) The Treasury Board may establish or modify any group insurance or other benefit programs for employees of the federal public administration and any other persons or classes of persons it may designate to be members of those programs, may take any measure necessary for that purpose, including contracting for services, may set any terms and conditions in respect of those programs, including those relating to premiums, contributions, benefits, management, control and expenditures and may audit and make payments in respect of those programs, including payments relating to premiums, contributions, benefits and other expenditures.

  • Marginal note:Remainder of Act does not apply

    (2) This Act, other than this section, does not apply to any contributions or other payments made or premiums paid by the Treasury Board or the members in respect of any program established or modified pursuant to subsection (1) or any benefits received by the members of such a program.

  • 1996, c. 18, s. 3;
  • 2003, c. 22, s. 7(E);
  • 2005, c. 30, ss. 132, 134(E).
Marginal note:Incorporation by letters patent
  •  (1) On the recommendation of the National Joint Council of the Public Service, the President of the Treasury Board may issue letters patent of incorporation that take effect on the date stated in them for a corporation without share capital that is charged with the administration of any group insurance or benefit program described in subsection 7.1(1).

  • Marginal note:Content of letters patent

    (2) The letters patent must set out

    • (a) the name of the corporation;

    • (b) the programs described in subsection 7.1(1) in respect of which the corporation is charged with the administration;

    • (c) the objects and powers of the corporation necessary for it to fulfil its purpose under subsection (1);

    • (d) the appointment and the operations of the corporation’s board of directors;

    • (e) the corporation’s reporting obligations;

    • (f) the corporation’s obligations with respect to audits of its accounts and financial transactions by an independent auditor;

    • (g) the code of conduct for the corporation’s directors and officers; and

    • (h) any other provision that is necessary to fulfil the corporation’s purpose.

  • Marginal note:Supplementary letters patent

    (3) The President of the Treasury Board may, on the recommendation of the National Joint Council of the Public Service, after consulting with the board of directors, issue supplementary letters patent amending the corporation’s letters patent and the supplementary letters patent take effect on the date stated in them.

  • Marginal note:Statutory Instruments Act

    (4) The corporation’s letters patent and supplementary letters patent are not regulations within the meaning of the Statutory Instruments Act. However, they must be published in the Canada Gazette.

  • Marginal note:Capacity of a natural person

    (5) The corporation has, subject to its letters patent and this Act, the capacity of a natural person.

  • Marginal note:Status of corporation

    (6) The corporation is neither a Crown corporation nor an agent of Her Majesty.

  • 2005, c. 30, s. 132.
Marginal note:Board of directors

 The corporation’s board of directors consists of

  • (a) one director appointed by the President of the Treasury Board, on the recommendation of the National Joint Council of the Public Service, who is the chairperson;

  • (b) one director appointed by the President of the Treasury Board, on the recommendation of the National Joint Council of the Public Service, who, in the opinion of the President, represents the pensioners;

  • (c) four directors appointed by the President of the Treasury Board; and

  • (d) four directors appointed by that portion of the National Joint Council of the Public Service that represents the employees.

  • 2005, c. 30, s. 132.
Marginal note:Regulations

 The Treasury Board may make regulations respecting the governance of the corporation, including regulations that adapt any provisions of the Canada Business Corporations Act, the Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, and the Canada Not-for-profit Corporations Act and any regulations made under those Acts for the purpose of applying those provisions as adapted to the corporation.

  • 2005, c. 30, s. 132;
  • 2009, c. 23, s. 327.
Marginal note:Subject to directions of Governor in Council

 The Treasury Board in the exercise of its powers under this Act or any other Act of Parliament is subject to any direction given to it by the Governor in Council, and the Governor in Council may, by order, amend or revoke any action of the Board.

  • R.S., c. F-10, s. 5.
Marginal note:Form of accounts of Canada
  •  (1) The Treasury Board may prescribe from time to time the manner and form in which the accounts of Canada and the accounts of the several departments shall be kept, and may direct any person receiving, managing or disbursing public money to keep any books, records or accounts that the Board considers necessary.

  • Marginal note:Land management and development records and plans

    (1.1) The Treasury Board may

    • (a) require departments to maintain records and prepare plans with respect to the management and development of lands under paragraph 7(1)(d.1); and

    • (b) prescribe the manner and form in which the records and plans are to be maintained.

  • Marginal note:Production of documents

    (2) The Treasury Board may require from any public officer or any agent of Her Majesty any account, return, statement, document, report or information that the Board considers necessary for the due performance of its duties.

  • Marginal note:Idem

    (3) The Treasury Board may require any public officer or agent of Her Majesty to provide a department with such information from any account, return, record, statement, document or report as may be required

    • (a) to locate any person in order to collect a debt due to Her Majesty in right of Canada by that person; or

    • (b) to set off a debt due to Her Majesty in right of Canada or a province against any sum of money that may be due or payable by Her Majesty in right of Canada.

  • R.S., 1985, c. F-11, s. 9;
  • 1991, c. 24, s. 3.
Marginal note:Regulations

 Subject to any other Act of Parliament, the Treasury Board may make regulations

  • (a) for the purpose of ensuring effective coordination of administrative functions and services among and within departments;

  • (b) for the establishment of general administrative standards of performance and respecting the assessment of the performance of portions of the federal public administration in the light of such standards;

  • (c) respecting the collection, management and administration of, and the accounting for, public money;

  • (d) respecting the keeping of records of public property;

  • (d.1) respecting the severance pay or other amounts payable to an employee or former employee whose employment is terminated pursuant to paragraph 11(2)(g.1), and any terms and conditions subject to which and the manner in which those amounts are to be paid;

  • (e) for the purposes of any provision of this Act that contemplates regulations of the Treasury Board; and

  • (f) for any other purpose necessary for the efficient administration of the federal public administration.

  • R.S., 1985, c. F-11, s. 10;
  • 1991, c. 24, s. 50(F);
  • 1996, c. 18, s. 4;
  • 2003, c. 22, s. 224(E).

Human Resources Management

Marginal note:Definitions
  •  (1) The following definitions apply in this section and sections 11.1 to 13.

    core public administration

    administration publique centrale

    core public administration means the departments named in Schedule I and the other portions of the federal public administration named in Schedule IV. (administration publique centrale)

    deputy head

    administrateur général

    deputy head means

    • (a) in relation to a department named in Schedule I, its deputy minister;

    • (b) in relation to any portion of the federal public administration named in Schedule IV, its chief executive officer or, if there is no chief executive officer, its statutory deputy head or, if there is neither, the person who occupies the position designated under subsection (2) in respect of that portion;

    • (c) in relation to a separate agency, its chief executive officer or, if there is no chief executive officer, its statutory deputy head or, if there is neither, the person who occupies the position designated under subsection (2) in respect of that separate agency; and

    • (d) in relation to any portion of the federal public administration designated for the purposes of paragraph (d) of the definition public service, its chief executive officer or, if there is no chief executive officer, the person who occupies the position designated under subsection (2) in respect of that portion. (administrateur général)

    public service

    fonction publique

    public service means the several positions in or under

    • (a) the departments named in Schedule I;

    • (b) the other portions of the federal public administration named in Schedule IV;

    • (c) the separate agencies named in Schedule V; and

    • (d) any other portion of the federal public administration that may be designated by the Governor in Council for the purpose of this paragraph. (fonction publique)

    separate agency

    organisme distinct

    separate agency means a portion of the federal public administration named in Schedule V. (organisme distinct)

    statutory deputy head

    administrateur général au titre de la loi

    statutory deputy head means any officer who, by any Act of Parliament, is or is deemed to be a deputy head or who has, or is deemed to have, the rank of a deputy head. (administrateur général au titre de la loi)

  • Marginal note:Designation of certain deputy heads

    (2) The Governor in Council may designate any position to be the position of deputy head in respect of

    • (a) any portion of the federal public administration named in Schedule IV or V for which there is no chief executive officer; and

    • (b) each portion of the federal public administration designated for the purpose of paragraph (d) of the definition public service in subsection (1) for which there is no chief executive officer.

  • R.S., 1985, c. F-11, s. 11;
  • R.S., 1985, c. 9 (1st Supp.), s. 22;
  • 1991, c. 24, s. 50(F);
  • 1992, c. 54, s. 81;
  • 1995, c. 44, s. 51;
  • 1996, c. 18, s. 5;
  • 1999, c. 31, s. 101(F);
  • 2003, c. 22, ss. 8, 264.
 
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