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

Act current to 2017-06-05 and last amended on 2016-12-15. Previous Versions

Marginal note:Idem, where bribes offered or accepted

 Every person who

  • (a) promises, offers or gives any bribe to any officer or any person acting in any office or employment connected with the collection, management or disbursement of public money, with intent

    • (i) to influence the decision or action of that officer or person on any question or matter that is then pending, or may, by law, be brought before him in his official capacity, or

    • (ii) to influence that officer or person to commit, or aid or abet in committing any fraud on the revenue, or to connive at, collude in, or allow or permit any opportunity for the commission of any such fraud, or

  • (b) accepts or receives any such bribe,

is guilty of an indictable offence and liable on conviction to a fine not exceeding three times the amount so offered or accepted and to imprisonment for any term not exceeding five years.

  • R.S., c. F-10, s. 93.
Marginal note:Books, etc., property of Her Majesty

 All books, papers, accounts and documents kept or used by, or received or taken into the possession of, any officer or person who is or has been employed in the collection or management of the revenue or in accounting for the revenue, by virtue of that employment, shall be deemed to be chattels belonging to Her Majesty, and all money or valuable securities received or taken into the possession of that officer or person by virtue of his employment shall be deemed to be money and valuable securities belonging to Her Majesty.

  • R.S., c. F-10, s. 94.

PART XCrown Corporations

Interpretation

Marginal note:Definitions
  •  (1) In this Part,

    agent corporation

    société mandataire

    agent corporation means a Crown corporation that is expressly declared by or pursuant to any other Act of Parliament to be an agent of the Crown; (société mandataire)

    appoint

    nomination

    appoint includes elect and designate; (nomination)

    appropriate Minister

    ministre de tutelle

    appropriate Minister means,

    • (a) in relation to a parent Crown corporation,

      • (i) the Minister specified by or pursuant to any other Act of Parliament as the Minister in respect of that corporation, or

      • (ii) if no Minister is specified as described in subparagraph (i), such member of the Queen’s Privy Council for Canada as is designated by order of the Governor in Council as the appropriate Minister for the corporation, and

    • (b) in relation to a wholly-owned subsidiary, the appropriate Minister, as defined in paragraph (a), for the parent Crown corporation that wholly owns the subsidiary; (ministre de tutelle)

    articles

    statuts

    articles means

    • (a) original or restated articles of incorporation, articles of amendment, articles of amalgamation, articles of continuance, articles of reorganization, articles of arrangement, articles of dissolution and articles of revival, and includes any amendments thereto, and

    • (b) letters patent, memorandum of association and any constating documents or other documents of a like nature to those referred to in paragraph (a), and includes any amendments thereto; (statuts)

    auditor

    vérificateur

    auditor includes a partnership of auditors; (vérificateur)

    board of directors

    conseil d’administration

    board of directors means a board of directors, by whatever name called, of a corporation and includes a group of persons, other than a minister of the Crown, that constitutes a corporation; (conseil d’administration)

    by-law

    règlements administratifs

    by-law means a by-law, by whatever name called, of a corporation and includes an amendment or a repeal of a by-law; (règlements administratifs)

    chairperson

    président

    chairperson means a person occupying the position of chairperson, by whatever name called, of the board of directors of a corporation; (président)

    charter

    acte constitutif

    charter means

    • (a) in relation to a corporation established by an Act of Parliament, the Act, and

    • (b) in relation to a corporation established by articles, the articles; (acte constitutif)

    corporation

    personne morale

    corporation includes a company or other body corporate wherever or however incorporated; (personne morale)

    Crown

    Sa Majesté

    Crown means Her Majesty in right of Canada; (Sa Majesté)

    Crown corporation

    société d’État

    Crown corporation means a parent Crown corporation or a wholly-owned subsidiary; (société d’État)

    directive

    directive[Repealed, 1991, c. 24, s. 21]

    director

    administrateur

    director means a person occupying the position of director, by whatever name called, of a corporation and includes any person, other than a minister of the Crown, in a group of persons that constitutes a corporation; (administrateur)

    major business or activity

    activités principales

    major business or activity, in relation to a parent Crown corporation or a wholly-owned subsidiary, means a class of business or activity of the corporation or subsidiary established pursuant to subsection (10) or, if no classes are so established, all the business or activity of the corporation or subsidiary; (activités principales)

    parent Crown corporation

    société d’État mère

    parent Crown corporation means a corporation that is wholly owned directly by the Crown, but does not include a departmental corporation; (société d’État mère)

    regulations

    règlements

    regulations means the regulations made under this Part; (règlements)

    share

    action

    share includes a membership interest or ownership interest in a corporation; (action)

    wholly-owned subsidiary

    filiale à cent pour cent

    wholly-owned subsidiary means a corporation that is wholly owned by one or more parent Crown corporations directly or indirectly through any number of subsidiaries each of which is wholly owned directly or indirectly by one or more parent Crown corporations. (filiale à cent pour cent)

  • Marginal note:Wholly owned by Crown

    (2) For the purposes of this Part, a corporation is wholly owned directly by the Crown if

    • (a) all of the issued and outstanding shares of the corporation, other than shares necessary to qualify persons as directors, are held, otherwise than by way of security only, by, on behalf of or in trust for the Crown; or

    • (b) all the directors of the corporation, other than ex officio directors, are appointed by the Governor in Council or by a minister of the Crown with the approval of the Governor in Council.

  • Marginal note:Holding by agent corporations

    (3) For the purposes of subsection (2), shares held by a corporation that is an agent of the Crown

    • (a) are deemed not to be held by or on behalf of the Crown; and

    • (b) are not by reason of that fact alone shares held in trust for the Crown.

  • Marginal note:Wholly owned by other corporation or corporations

    (4) For the purposes of this Part, a corporation is wholly owned by one or more other corporations if

    • (a) all of the issued and outstanding shares of the corporation, other than shares necessary to qualify persons as directors, are held, otherwise than by way of security only, by, on behalf of or in trust for the one or more other corporations;

    • (b) all the directors of the corporation are appointed by the board or boards of directors of the one or more other corporations; or

    • (c) all the directors of the one or more other corporations are, by virtue of their being directors of the one or more other corporations, directors of the corporation.

  • Marginal note:Affiliates

    (5) For the purposes of this Part,

    • (a) one corporation is an affiliate of another corporation if one of them is the subsidiary of the other or both are subsidiaries of the same corporation or each of them is controlled by the same person; and

    • (b) if two corporations are affiliates of the same corporation at the same time, they are deemed to be affiliates of each other.

  • Marginal note:Subsidiaries

    (6) For the purposes of this Part, a corporation is a subsidiary of another corporation if it is controlled by that other corporation.

  • Marginal note:Control

    (7) For the purposes of this Part, a corporation with share capital is controlled by a person if

    • (a) shares of the corporation to which are attached more than fifty per cent of the votes that may be cast to elect directors of the corporation are held, otherwise than by way of security only, by, on behalf of or in trust for that person; and

    • (b) the votes attached to those shares are sufficient, if exercised, to elect a majority of the directors of the corporation.

  • Marginal note:Idem

    (8) For the purposes of this Part, a corporation without share capital is controlled by a person if that person is able to appoint the majority of the directors of the corporation, whether or not he does so.

  • Marginal note:Appointment

    (9) For the purposes of this Part, a person is deemed to be appointed by another person or group of persons if that person is appointed on the direction of that other person or group, whether or not he is actually appointed by that other person or group.

  • Marginal note:Major business or activity

    (10) Where, in the opinion of the Governor in Council, a parent Crown corporation or a wholly-owned subsidiary of a parent Crown corporation carries on, or a parent Crown corporation and any wholly-owned subsidiary of the corporation carry on, more than one business or activity, the parent Crown corporation shall, with the approval of the Governor in Council, classify the businesses or activities for the purposes of this Part.

  • R.S., 1985, c. F-11, s. 83;
  • R.S., 1985, c. 1 (4th Supp.), s. 26;
  • 1991, c. 24, s. 21;
  • 2005, c. 30, s. 133(E).
 
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