Financial Administration Act

This Act may be cited as the Financial Administration Act.

In this Act,

appropriate Minister means,

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

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,

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

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,

with respect to a departmental corporation, the Minister designated by order of the Governor in Council as the appropriate Minister, and

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

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

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

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

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

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

department means

any of the departments named in Schedule I,

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

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,

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

any departmental corporation; (ministère)

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

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

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

Minister means the Minister of Finance; (ministre)

money includes negotiable instruments; (fonds)

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

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

duties and revenues of Canada,

money borrowed by Canada or received through the issue or sale of securities,

money received or collected for or on behalf of Canada, and

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

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

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

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 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 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 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)

The Governor in Council may, by order,

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;

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

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

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.

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.

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.

The Governor in Council may, by order,

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

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.

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.

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).

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

the corporation

operates in a competitive environment,

is not ordinarily dependent on appropriations for operating purposes, and

ordinarily earns a return on equity; and

there is a reasonable expectation that the corporation will pay dividends.

The Governor in Council may, by order,

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

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.

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

to which Part I of the Canada Labour Code does not apply; and

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.

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

no longer has any employees; or

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

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.

The Governor in Council may, by order,

add to Part I of Schedule VI the name of any department named in Schedule I;

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

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

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;

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

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.

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.

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.

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.

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

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.

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.

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.

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

The President of the Treasury Board holds office during pleasure and presides over meetings of the Treasury Board.

The Governor in Council may appoint an officer called the Secretary of the Treasury Board to hold office during pleasure, which officer ranks as and has the powers of a deputy head of a department.

The Governor in Council may appoint an officer called the Chief Human Resources Officer to hold office during pleasure, who ranks as and has the powers of a deputy head of a department.

The Governor in Council may appoint an officer called the Comptroller General of Canada to hold office during pleasure, which officer ranks as and has the powers of a deputy head of a department.

The Governor in Council may appoint an officer called the Chief Information Officer of Canada to hold office during pleasure, who ranks as and has the powers of a deputy head of a department.

The Treasury Board may delegate to the President of the Treasury Board, to the Secretary of the Treasury Board, to the Comptroller General of Canada or to the deputy head or chief executive officer of any portion of the federal public administration any of the powers or functions it is authorized to exercise under any Act of Parliament or by any order made by the Governor in Council. It may make the delegation subject to any terms and conditions that it considers appropriate.

The Treasury Board may, subject to any terms and conditions that it considers appropriate, delegate to the Chief Human Resources Officer

any of the powers or functions in relation to human resources management, official languages, employment equity, and values and ethics that it is authorized to exercise under any Act of Parliament or by any order made by the Governor in Council; or

any of the powers or functions in relation to employment that it is authorized to exercise under the Public Service Employment Act.

The Treasury Board may, subject to any terms and conditions that it considers appropriate, delegate to the Chief Information Officer of Canada any of the powers or functions that it is authorized to exercise under any Act of Parliament or by any order made by the Governor in Council, including powers or functions in relation to information technology.

The President of the Treasury Board is responsible and accountable for the coordination of the activities of the Secretary of the Treasury Board, the Chief Human Resources Officer, the Comptroller General of Canada and the Chief Information Officer of Canada and may, subject to any terms and conditions that the President of the Treasury Board considers appropriate, delegate that responsibility to the Secretary of the Treasury Board or to any person under the President of the Treasury Board’s jurisdiction.

Subsections (4), (4.1) and (4.11) do not apply in respect of the Treasury Board’s power to delegate under those subsections or to its power to make regulations.

Any person to whom powers or functions are delegated under subsection (4), (4.1) or (4.11) may, subject to and in accordance with the delegation, sub-delegate any of those powers or functions to any person under their jurisdiction.

The other officers and employees that are necessary for the proper conduct of the business of the Treasury Board are to be appointed in the manner authorized by the Public Service Employment Act.

The Treasury Board may act for the Queen’s Privy Council for Canada on all matters relating to

general administrative policy in the federal public administration;

the organization of the federal public administration or any portion thereof, and the determination and control of establishments therein;

financial management, including estimates, expenditures, financial commitments, accounts, fees or charges for the provision of services or the use of facilities, rentals, licences, leases, revenues from the disposition of property, and procedures by which departments manage, record and account for revenues received or receivable from any source whatever;

the review of annual and longer term expenditure plans and programs of departments, and the determination of priorities with respect thereto;

the management and development by departments of lands, other than Canada Lands as defined in subsection 24(1) of the Canada Lands Surveys Act;

human resources management in the federal public administration, including the determination of the terms and conditions of employment of persons employed in it;

the terms and conditions of employment of persons appointed by the Governor in Council that have not been established under this or any other Act of Parliament or order in council or by any other means; and

internal audit in the federal public administration;

such other matters as may be referred to it by the Governor in Council.

The Treasury Board may exercise the powers, other than powers of appointment, of the Governor in Council under

the Public Service Superannuation Act;

the Canadian Forces Superannuation Act;

the Defence Services Pension Continuation Act, chapter D-3 of the Revised Statutes of Canada, 1970;

Parts I and II of the Royal Canadian Mounted Police Superannuation Act;

the Royal Canadian Mounted Police Pension Continuation Act, chapter R-10 of the Revised Statutes of Canada, 1970; and

such of the provisions of any other Act respecting any matter in relation to which the Treasury Board may act for the Queen’s Privy Council for Canada pursuant to subsection (1) as may be specified by the Governor in Council.

The Governor in Council may, by order, authorize the Treasury Board to exercise all or any of the powers of the Governor in Council under section 41 or subsection 122(1) or (6) and specify the circumstances in which those powers may be exercised.

The Treasury Board may, in carrying out its responsibilities under subsection (1), provide services to departments and Crown corporations. With the authorization of the Governor in Council, it may also provide these services to a provincial government, a municipality in Canada, a provincial or municipal public body or any other public body performing a function of government in Canada.

For greater certainty, for the purposes of the Access to Information Act, the records of an entity to which the Treasury Board provides services under subsection (4) that are, on behalf of that entity, contained in or carried on the Treasury Board’s information technology systems are not under the control of the Treasury Board.

For greater certainty, for the purposes of the Privacy Act, personal information that is collected by an entity to which the Treasury Board provides services under subsection (4) and that is, on behalf of that entity, contained in or carried on the Treasury Board’s information technology systems is not under the control of the Treasury Board.

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.

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.

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).

The letters patent must set out

the name of the corporation;

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

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

the appointment and the operations of the corporation’s board of directors;

the corporation’s reporting obligations;

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

the code of conduct for the corporation’s directors and officers; and

any other provision that is necessary to fulfil the corporation’s purpose.

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.

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.

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

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

The corporation’s board of directors consists of

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;

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;

four directors appointed by the President of the Treasury Board; and

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

The Treasury Board may make regulations respecting the governance of the corporation, including regulations that adapt any provisions of the Canada Business Corporations Act 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.

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.

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.

The Treasury Board may

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

prescribe the manner and form in which the records and plans are to be maintained.

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.

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

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

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.

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

for the purpose of ensuring effective coordination of administrative functions and services among and within departments;

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;

respecting the collection, management and administration of, and the accounting for, public money;

respecting the keeping of records of public property;

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;

for the purposes of any provision of this Act that contemplates regulations of the Treasury Board; and

for any other purpose necessary for the efficient administration of the federal public administration.

The following definitions apply in this section and sections 11.1 to 13.

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 means

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

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;

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

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 means the several positions in or under

the departments named in Schedule I;

the other portions of the federal public administration named in Schedule IV;

the separate agencies named in Schedule V; and

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

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)

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

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

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.

In the exercise of its human resources management responsibilities under paragraph 7(1)(e), the Treasury Board may

determine the human resources requirements of the public service and provide for the allocation and effective utilization of human resources in the public service;

provide for the classification of positions and persons employed in the public service;