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

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

• R.S., c. F-10, s. 1

Interpretation

Marginal note: Definitions

2 In this Act,

• (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 )

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

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

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

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

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

• (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 )

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

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

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

means the Minister of Finance; ( ministre )

includes negotiable instruments; ( fonds )

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

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 )

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

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 )

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

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

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

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 )

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

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 )

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 )

• R.S., 1985, c. F-11, s. 2
• R.S., 1985, c. 1 (4th Supp.), s. 25
• 1991, c. 24, s. 50(F)
• 1992, c. 1, ss. 69, 143(E)
• 1995, c. 17, s. 57
• 1999, c. 31, s. 98(F)
• 2003, c. 22, s. 224(E)
• 2004, c. 7, s. 8
• 2006, c. 9, s. 7
• 2015, c. 36, s. 125
• 2017, c. 20, s. 160

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.
  • (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.
  • (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
    • (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.
    • (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.
    • (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 .
    • (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.
    • R.S., 1985, c. F-11, s. 3
    • 1991, c. 24, s. 1
    • 1992, c. 1, s. 70
    • 1999, c. 31, s. 99
    • 2003, c. 22, ss. 3, 224(E)
    • 2006, c. 9, s. 257

    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 (4) In this section, means a day on which either House of Parliament is sitting.
    • R.S., 1985, c. F-11, s. 4
    • 1999, c. 31, s. 100(F)

    PART I Organization

    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.
    • R.S., c. F-10, s. 3