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

Short Title

Marginal note:Short title

1 This Act may be cited as the Financial Administration Act.

Interpretation

Marginal note:Definitions

2 In this Act,

appropriate Minister

appropriate Minister means,

• (a) with respect to a department named in Schedule I, the Minister presiding over the department,

• (a.1) with respect to a division or branch of the federal public administration set out in column I of Schedule I.1, the Minister set out in column II of that Schedule,

• (b) with respect to a commission under the Inquiries Act, the Minister designated by order of the Governor in Council as the appropriate Minister,

• (c) with respect to the Senate and the office of the Senate Ethics Officer, the Speaker of the Senate, with respect to the House of Commons, the Board of Internal Economy, with respect to the office of the Conflict of Interest and Ethics Commissioner, the Speaker of the House of Commons, and with respect to the Library of Parliament, the Parliamentary Protective Service and the office of the Parliamentary Budget Officer, the Speakers of the Senate and the House of Commons,

• (c.1) with respect to a departmental corporation, the Minister designated by order of the Governor in Council as the appropriate Minister, and

• (d) with respect to a Crown corporation, the appropriate Minister as defined in subsection 83(1); (ministre compétent)

appropriation

appropriation means any authority of Parliament to pay money out of the Consolidated Revenue Fund; (crédit)

Auditor General of Canada

Auditor General of Canada means the officer appointed pursuant to subsection 3(1) of the Auditor General Act; (vérificateur général)

authorized agent

authorized agent means any person authorized by the Minister to accept subscriptions for or make sales of securities; (agent agréé)

Consolidated Revenue Fund

Consolidated Revenue Fund means the aggregate of all public moneys that are on deposit at the credit of the Receiver General; (Trésor)

Crown corporation

Crown corporation has the meaning assigned by subsection 83(1); (société d’État)

department

department means

• (a) any of the departments named in Schedule I,

• (a.1) any of the divisions or branches of the federal public administration set out in column I of Schedule I.1,

• (b) a commission under the Inquiries Act that is designated by order of the Governor in Council as a department for the purposes of this Act,

• (c) the staffs of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service and office of the Parliamentary Budget Officer, and

• (d) any departmental corporation; (ministère)

departmental corporation

departmental corporation means a corporation named in Schedule II; (établissement public)

fiscal agent

fiscal agent means a fiscal agent appointed under Part IV and includes the Bank of Canada; (agent financier)

fiscal year

fiscal year means the period beginning on April 1 in one year and ending on March 31 in the next year; (exercice)

Minister

Minister means the Minister of Finance; (ministre)

money

money includes negotiable instruments; (fonds)

negotiable instrument

negotiable instrument includes any cheque, draft, traveller’s cheque, bill of exchange, postal note, money order, postal remittance and any other similar instrument; (effet de commerce)

non-certificated security

non-certificated security includes a security for which no certificate is issued and a certificated security held within a security clearing and settlement system in the custody of a custodian or nominee; (valeur sans certificat)

parent Crown corporation

parent Crown corporation has the meaning assigned by subsection 83(1); (société d’État mère)

public money

public money means all money belonging to Canada received or collected by the Receiver General or any other public officer in his official capacity or any person authorized to receive or collect such money, and includes

• (a) duties and revenues of Canada,

• (b) money borrowed by Canada or received through the issue or sale of securities,

• (c) money received or collected for or on behalf of Canada, and

• (d) all money that is paid to or received or collected by a public officer under or pursuant to any Act, trust, treaty, undertaking or contract, and is to be disbursed for a purpose specified in or pursuant to that Act, trust, treaty, undertaking or contract; (fonds publics)

public officer

public officer includes a minister of the Crown and any person employed in the federal public administration; (fonctionnaire public)

public property

public property means all property, other than money, belonging to Her Majesty in right of Canada; (biens publics)

registrar

registrar means a registrar appointed under Part IV and includes the Bank of Canada; (agent comptable)

securities

securities means securities of Canada in certificated form or non-certificated securities of Canada, and includes bonds, notes, deposit certificates, non-interest bearing certificates, debentures, treasury bills, treasury notes and any other security representing part of the public debt of Canada; (valeurs ou titres)

security certificate

security certificate means a tangible certificate issued by or on behalf of Her Majesty representing part of the public debt of Canada; (certificat de valeur)

treasury bill

treasury bill means a bill in certificated form, or a non-certificated security, issued by or on behalf of Her Majesty for the payment of a principal sum specified in the bill to a named recipient or to a bearer at a date not later than twelve months after the date of issue of the bill; (bon du Trésor)

treasury note

treasury note means a note in certificated form, or a non-certificated security, issued by or on behalf of Her Majesty for the payment of a principal sum specified in the note to a named recipient or to a bearer at a date not later than twelve months after the date of issue of the note. (billet du Trésor)

Alteration of Schedules

Marginal note:Addition to Schedule I.1, II or III

• 3 (1) The Governor in Council may, by order,

  • (a) add to Schedule I.1 in column I thereof the name of any division or branch of the federal public administration and in column II thereof opposite that name a reference to the appropriate Minister;

  • (a.1) add to Schedule II the name of any corporation established by an Act of Parliament that performs administrative, research, supervisory, advisory or regulatory functions of a governmental nature; and

  • (b) add to Part I or II of Schedule III the name of any parent Crown corporation.

• Marginal note:Alteration of Schedule I.1

  (1.1) The Governor in Council may, by order, amend Schedule I.1 by striking out the reference in column II thereof opposite the name of a division or branch of the federal public administration in column I thereof and by substituting therefor another reference in column II thereof opposite that name.

• Marginal note:Idem

  (1.2) The Governor in Council may, by order, delete from Schedule I.1 the name of any division or branch of the federal public administration that has been changed and shall thereupon add the new name of the division or branch to that Schedule.

• Marginal note:Idem

  (1.3) The Governor in Council may, by order, delete from Schedule I.1 the name of any division or branch of the federal public administration that has ceased to exist, become part of another department or otherwise ceased to be a separate division or branch of the federal public administration and the reference to the appropriate Minister.

• Marginal note:Alteration of Schedule II or III

  (2) The Governor in Council may, by order,

  • (a) delete from Schedule II the name of any corporation that has been changed and shall, by the same order, add the new name of the corporation to that Schedule; and

  • (b) delete from Part I or II of Schedule III the name of any parent Crown corporation that has been changed and shall, by the same order, add the new name of the corporation to that Part.

• Marginal note:Idem

  (3) The Governor in Council may, by order, delete from Part I or II of Schedule III the name of any parent Crown corporation that should appear in the other Part and shall, by the same order, add the name of that corporation to the other Part.

• Marginal note:Restriction

  (4) The name of a parent Crown corporation shall not be added to Schedule III, if the Governor in Council is satisfied that the corporation meets the criteria described in paragraph (1)(a.1).

• Marginal note:Idem

  (5) The name of a parent Crown corporation shall not be added to Part II of Schedule III, unless the Governor in Council is satisfied that

  • (a) the corporation

    • (i) operates in a competitive environment,

    • (ii) is not ordinarily dependent on appropriations for operating purposes, and

    • (iii) ordinarily earns a return on equity; and

  • (b) there is a reasonable expectation that the corporation will pay dividends.

• Marginal note:Deletion from Schedule II or III

  (6) The Governor in Council may, by order,

  • (a) delete from Schedule II the name of any corporation that has been dissolved or otherwise has ceased to be a corporation described in paragraph (1)(a.1); and

  • (b) delete from Part I or II of Schedule III the name of any corporation that has been dissolved or otherwise has ceased to be a parent Crown corporation.

• Marginal note:Addition to Schedule IV or V

  (7) The Governor in Council may, by order, add to Schedule IV or V the name of any portion of the federal public administration

  • (a) to which Part I of the Canada Labour Code does not apply; and

  • (b) in respect of which a minister of the Crown, the Treasury Board or the Governor in Council is authorized to establish or approve terms and conditions of employment.

• Marginal note:Transfers between Schedules IV and V

  (8) The Governor in Council may, by order, delete the name of any portion of the federal public administration named in Schedule IV or V, in which case the Governor in Council must add the name of that portion to the other one of those two schedules, but the Governor in Council need not do so if that portion

  • (a) no longer has any employees; or

  • (b) is a corporation that has been excluded from the operation of Part I of the Canada Labour Code.

• Marginal note:Application of Canada Labour Code

  (9) The exclusion of a corporation from the operation of Part I of the Canada Labour Code ceases to have effect if the corporation’s name is deleted from Schedule IV or V without a corresponding addition to the other one of those two schedules.

• Marginal note:Schedule VI

  (10) The Governor in Council may, by order,

  • (a) add to Part I of Schedule VI the name of any department named in Schedule I;

  • (b) add to Part II or III of Schedule VI the name of any department and a reference to the accounting officer for the department;

  • (c) amend Part II or III of Schedule VI by replacing a reference to the accounting officer for a department with a new reference;

  • (d) move from Part II to Part III of Schedule VI, or from Part III to Part II of that Schedule, the name of a department and the reference to its accounting officer;

  • (e) amend Part I, II or III of Schedule VI by replacing the former name of a department with the new name; and

  • (f) delete the name of a department and the reference to its accounting officer from Part I, II or III of Schedule VI, where the department has ceased to exist or become part of another department.

Marginal note:Tabling order

• 4 (1) Every order made pursuant to subsection 3(3) that deletes the name of a corporation from Part I of Schedule III and adds it to Part II of that Schedule shall be laid before each House of Parliament within the first fifteen days on which that House is sitting after the order is made.

• Marginal note:Reference to committee

  (2) An order laid before a House of Parliament pursuant to subsection (1) stands referred to such committee of that House as may be designated or established by that House for the purpose.

• Marginal note:Delay

  (3) An order laid before a House of Parliament pursuant to subsection (1) shall come into force on the thirty-first sitting day after the order has been laid before both Houses of Parliament or on such later day as is specified in the order.

• Definition of sitting day

  (4) In this section, sitting day means a day on which either House of Parliament is sitting.

PART IOrganization

Treasury Board

Establishment

Marginal note:Treasury Board

• 5 (1) There is hereby established a committee of the Queen’s Privy Council for Canada called the Treasury Board over which the President of the Treasury Board appointed by Commission under the Great Seal shall preside.

• Marginal note:Composition of committee

  (2) The Treasury Board shall, in addition to the President of the Treasury Board, consist of the Minister and four other members of the Queen’s Privy Council for Canada to be nominated from time to time by the Governor in Council.

• Marginal note:Alternate members

  (3) The Governor in Council may nominate such additional members of the Queen’s Privy Council for Canada as he sees fit to be alternates to serve in the place of members of the Treasury Board.

• Marginal note:Rules and procedures

  (4) Subject to this Act and any directions of the Governor in Council, the Treasury Board may determine its own rules and procedures.