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

Application

Marginal note:Binding on the Crown

84 For greater certainty, this Part is binding on the Crown.

Marginal note:Exemption for Bank of Canada

• 85 (1) Divisions I to IV, except for sections 89.8 to 89.92, 131.1 and 154.01, do not apply to the Bank of Canada.

• Marginal note:Exemption for Canada Pension Plan Investment Board

  (1.01) Divisions I to IV, except for section 154.01, do not apply to the Canada Pension Plan Investment Board.

• Marginal note:Exempted Crown corporations

  (1.1) Divisions I to IV, except for sections 89.8 to 89.92, subsection 105(2) and sections 113.1, 119, 131 to 148 and 154.01, do not apply to the Canada Council for the Arts, the Canadian Broadcasting Corporation, the International Development Research Centre or the National Arts Centre Corporation.

• Marginal note:Exemption for Telefilm Canada

  (1.2) Divisions I to IV, except for sections 89.8 to 89.92, subsection 105(2) and sections 113.1, 119, 131 to 148 and 154.01 and subject to subsection 21(2) of the Telefilm Canada Act, do not apply to Telefilm Canada.

• Marginal note:Exemption for RCMP and security services

  (2) Divisions I to IV do not apply to any Crown corporation incorporated or acquired, with the written authorization of the appropriate Minister,

  • (a) by or on behalf of the Royal Canadian Mounted Police for the purpose of performing its functions under the laws of Canada;

  • (a.1) by or on behalf of the Communications Security Establishment for the purpose of performing its functions under the Communications Security Establishment Act; or

  • (b) by or on behalf of any service established by an Act of Parliament to collect information and intelligence respecting the security of Canada.

• Marginal note:Exemption for federal member institution

  (2.1) Divisions I to IV do not apply to a member institution, as defined in section 2 of the Canada Deposit Insurance Corporation Act, any shares of which are held by the Canada Deposit Insurance Corporation as the result of the granting of an exemption referred to in section 10.01 of that Act.

• (3) and (4) [Repealed, 2016, c. 7, s. 163]

Marginal note:Application to wholly-owned subsidiaries

• 86 (1) Each parent Crown corporation shall take such steps in relation to the articles, by-laws and management of each wholly-owned subsidiary of the corporation, if any, as are necessary to ensure that the businesses, activities and other affairs of the subsidiary are carried on in accordance with this Part and the regulations.

• Marginal note:Idem

  (2) The Governor in Council may declare any provision of this Part that applies only to parent Crown corporations to apply to a wholly-owned subsidiary, and the provision applies, with such modifications as the circumstances require, to that wholly-owned subsidiary as if it were a parent Crown corporation.

Marginal note:Inconsistencies

87 Except as otherwise expressly provided, in the event of any inconsistency between the provisions of this Part and the provisions of any other Act of Parliament, the provisions of this Part prevail.

DIVISION ICorporate Affairs

Accountability to Parliament

Marginal note:Accountability to Parliament

88 Each Crown corporation is ultimately accountable, through the appropriate Minister, to Parliament for the conduct of its affairs.

Directives

Marginal note:Directives by Governor in Council

• 89 (1) The Governor in Council may, on the recommendation of the appropriate Minister, give a directive to any parent Crown corporation, if the Governor in Council is of the opinion that it is in the public interest to do so.

• Marginal note:Consultation

  (2) Before a directive is given to a parent Crown corporation, the appropriate Minister shall consult the board of directors of the corporation with respect to the content and effect of the directive.

• (3) [Repealed, 1991, c. 24, s. 23]

• Marginal note:Tabling in Parliament

  (4) The appropriate Minister shall cause a copy of any directive given to a parent Crown corporation to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the directive is given.

• (5) [Repealed, 1991, c. 24, s. 23]

• Marginal note:Notification of implementation

  (6) Forthwith after implementing a directive and completing any actions required to be taken in connection therewith, a parent Crown corporation shall notify the appropriate Minister that the directive has been implemented.

• Marginal note:Restriction

  (7) No directive shall be given to the Standards Council of Canada with respect to

  • (a) the manner in which voluntary standardization is promoted; or

  • (b) the provision of financial assistance to or for the benefit of a particular person or group of persons.

Marginal note:Implementation

• 89.1 (1) The directors of a parent Crown corporation to which a directive is given shall ensure that the directive is implemented in a prompt and efficient manner and, if in so doing they act in accordance with section 115, they are not accountable for any consequences arising from the implementation of the directive.

• Marginal note:Best interests

  (2) Compliance by a parent Crown corporation with a directive is deemed to be in the best interests of the corporation.

• Marginal note:Definition of directive

  (3) In this section, directive means

  • (a) a directive given pursuant to subsection 89(1), 94(2) or 114(3);

  • (b) a direction given under subsection 5(2) of the Canada Mortgage and Housing Corporation Act, subsection 9(2) of the Canadian Commercial Corporation Act or subsection 11(1) of the Canadian Dairy Commission Act; or

  • (c) a directive given under subsection 22(1) of the Canada Post Corporation Act.

Implementation of World Trade Organization Agreement

Marginal note:Directive

• 89.2 (1) Notwithstanding subsections 85(1) to (1.2), the Governor in Council may give a directive pursuant to subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of the WTO Agreement that pertains to that Crown corporation.

• Marginal note:Regulations

  (2) The Governor in Council may, on the recommendation of the Treasury Board and the appropriate Minister made at the request of a Crown corporation, make such regulations in relation to that corporation as the Governor in Council considers necessary for the purpose of implementing any provision of the WTO Agreement that pertains to that corporation.

• Marginal note:Definition

  (3) In subsections (1) and (2), WTO Agreement has the meaning given to the word Agreement by subsection 2(1) of the World Trade Organization Agreement Implementation Act.

Implementation of Canadian Free Trade Agreement

Marginal note:Directive

89.3 Despite subsections 85(1) to (1.2), the Governor in Council may give a directive under subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of the Agreement, as defined in section 2 of the Canadian Free Trade Agreement Implementation Act, that pertains to that Crown corporation.

Implementation of Canada-Chile Free Trade Agreement

Marginal note:Directive

• 89.4 (1) Notwithstanding subsections 85(1) to (1.2), the Governor in Council may give a directive under subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of the Canada-Chile Free Trade Agreement that pertains to that Crown corporation.

• Marginal note:Regulations

  (2) The Governor in Council may, on the recommendation of the Treasury Board and the appropriate Minister made at the request of a Crown corporation, make such regulations in relation to that corporation as the Governor in Council considers necessary for the purpose of implementing any provision of the Canada-Chile Free Trade Agreement that pertains to that corporation.

• Marginal note:Definition of Canada-Chile Free Trade Agreement

  (3) In subsections (1) and (2), Canada-Chile Free Trade Agreement has the meaning given to the word Agreement by subsection 2(1) of the Canada-Chile Free Trade Agreement Implementation Act.

Implementation of Canada–Colombia Free Trade Agreement

Marginal note:Directive

• 89.41 (1) Notwithstanding subsections 85(1) to (1.2), the Governor in Council may give a directive under subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of the Canada–Colombia Free Trade Agreement that pertains to that Crown corporation.

• Marginal note:Regulations

  (2) The Governor in Council may, on the recommendation of the Treasury Board and the appropriate Minister made at the request of a Crown corporation, make any regulations in relation to that corporation that the Governor in Council considers necessary for the purpose of implementing any provision of the Canada–Colombia Free Trade Agreement that pertains to that corporation.

• Marginal note:Definition of Canada–Colombia Free Trade Agreement

  (3) In subsections (1) and (2), Canada–Colombia Free Trade Agreement has the same meaning as Agreement in section 2 of the Canada–Colombia Free Trade Agreement Implementation Act.

Implementation of Canada — Costa Rica Free Trade Agreement

Marginal note:Directive

• 89.5 (1) Notwithstanding subsections 85(1) to (1.2), the Governor in Council may give a directive under subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of the Canada — Costa Rica Free Trade Agreement that pertains to that Crown corporation.

• Marginal note:Regulations

  (2) The Governor in Council may, on the recommendation of the Treasury Board and the appropriate Minister made at the request of a Crown corporation, make such regulations in relation to that corporation as the Governor in Council considers necessary for the purpose of implementing any provision of the Canada — Costa Rica Free Trade Agreement that pertains to that corporation.

• Marginal note:Definition of Canada — Costa Rica Free Trade Agreement

  (3) In subsections (1) and (2), Canada — Costa Rica Free Trade Agreement has the meaning given to the word Agreement by subsection 2(1) of the Canada — Costa Rica Free Trade Agreement Implementation Act.

Implementation of Canada–Peru Free Trade Agreement

Marginal note:Directive

• 89.6 (1) Notwithstanding subsections 85(1) to (1.2), the Governor in Council may give a directive under subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of the Canada–Peru Free Trade Agreement that pertains to that Crown corporation.

• Marginal note:Regulations

  (2) The Governor in Council may, on the recommendation of the Treasury Board and the appropriate Minister made at the request of a Crown corporation, make any regulations in relation to that corporation that the Governor in Council considers necessary for the purpose of implementing any provision of the Canada–Peru Free Trade Agreement that pertains to that corporation.

• Marginal note:Definition of Canada–Peru Free Trade Agreement

  (3) In subsections (1) and (2), Canada–Peru Free Trade Agreement has the same meaning as Agreement in section 2 of the Canada–Peru Free Trade Agreement Implementation Act.

Implementation of Other Free Trade Agreements

Marginal note:Directive

• 89.7 (1) Despite subsections 85(1) to (1.2), the Governor in Council may give a directive under subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of a free trade agreement set out in Schedule VII that pertains to that Crown corporation.

• Marginal note:Regulations

  (2) The Governor in Council may, on the recommendation of the Treasury Board and the appropriate Minister made at the request of a Crown corporation, make any regulations in relation to that corporation that the Governor in Council considers necessary for the purpose of implementing any provision of a free trade agreement set out in Schedule VII that pertains to that corporation.

Orders — Terms and Conditions of Employment

Marginal note:Order — unionized employees

• 89.8 (1) The Governor in Council may, by order, direct a Crown corporation to have its negotiating mandate approved by the Treasury Board for the purpose of the Crown corporation entering into a collective agreement with a bargaining agent for a bargaining unit.

• Marginal note:Power of Treasury Board

  (2) If the Governor in Council directs a Crown corporation to have its negotiating mandate approved, the Treasury Board may impose any requirement on the Crown corporation with respect to that negotiating mandate.

• Marginal note:Attendance and observation

  (3) If the Governor in Council directs a Crown corporation to have its negotiating mandate approved, the Treasury Board may require that an employee under the jurisdiction of the Secretary of the Treasury Board attend and observe the collective bargaining between the Crown corporation and the bargaining agent, in which case that employee is entitled to do so.

• Marginal note:Collective agreement

  (4) A Crown corporation that is subject to an order made under subsection (1) may enter into a collective agreement referred to in the order only with the Treasury Board’s approval.