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

Act current to 2016-09-18 and last amended on 2016-07-08. Previous Versions

Implementation of Canada-Chile Free Trade Agreement

Marginal note:Directive
  •  (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.

  • 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.

  • 1997, c. 14, s. 79;
  • 2006, c. 9, s. 265.

Implementation of Canada–Colombia Free Trade Agreement

Marginal note:Directive
  •  (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.

  • 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.

  • 2010, c. 4, s. 47.

Implementation of Canada — Costa Rica Free Trade Agreement

Marginal note:Directive
  •  (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.

  • 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.

  • 2001, c. 28, s. 51;
  • 2006, c. 9, s. 266.

Implementation of Canada–Peru Free Trade Agreement

Marginal note:Directive
  •  (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.

  • 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.

  • 2009, c. 16, s. 55.

Implementation of Other Free Trade Agreements

Marginal note:Directive
  •  (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.

  • 2012, c. 18, s. 42.

Orders — Terms and Conditions of Employment

Marginal note:Order — unionized employees
  •  (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.

  • 2013, c. 33, s. 229.
Marginal note:Order — non-unionized employees
  •  (1) The Governor in Council may, by order, direct a Crown corporation to obtain the Treasury Board’s approval before the Crown corporation fixes the terms and conditions of employment of its non-unionized employees who are not appointed by the Governor in Council.

  • Marginal note:Power of Treasury Board

    (2) If the Governor in Council directs a Crown corporation to obtain the Treasury Board’s approval, the Treasury Board may impose any requirement on the Crown corporation with respect to the terms and conditions of employment of those employees.

  • 2013, c. 33, s. 229.
Marginal note:Directors’ duty to comply
  •  (1) The directors of a Crown corporation that is subject to an order made under subsection 89.8(1) or 89.9(1) shall ensure that subsection 89.8(4), the order and any requirement imposed under subsection 89.8(2) or 89.9(2) are complied with and, if in so doing they act in accordance with section 115, they are not accountable for any consequences arising from that compliance.

  • Marginal note:Best interests

    (2) Compliance by a Crown corporation with subsection 89.8(4), the order or the requirement is deemed to be in the best interests of the corporation.

  • 2013, c. 33, s. 229.
Marginal note:Treasury Board not employer

 For greater certainty, including for the purposes of the Canada Labour Code, the Treasury Board is neither the employer of the employees of the Crown corporation that is subject to an order made under subsection 89.8(1) or 89.9(1) nor an employer representative of the Crown corporation or a person acting on the Crown corporation’s behalf.

  • 2013, c. 33, s. 229.

Restricted Transactions

Marginal note:Transactions requiring Parliamentary authorization
  •  (1) No person shall, unless authorized by an Act of Parliament,

    • (a) procure the incorporation of a corporation any shares of which, on incorporation, would be held by, on behalf of or in trust for the Crown;

    • (b) acquire shares of a corporation that, on acquisition, would be held by, on behalf of or in trust for the Crown;

    • (c) apply for articles that would add to or otherwise make a material change in the objects or purposes for which a parent Crown corporation is incorporated, or the restrictions on the businesses or activities that a parent Crown corporation may carry on, as set out in its articles;

    • (d) sell or otherwise dispose of any shares of a parent Crown corporation; or

    • (e) procure the dissolution or amalgamation of a parent Crown corporation.

  • Marginal note:Idem

    (2) No parent Crown corporation shall, unless authorized by an Act of Parliament, sell or otherwise dispose of all or substantially all of the assets of the corporation.

  • Marginal note:Idem

    (3) Subject to subsection (2), no corporation, or corporations, in a related group shall, unless authorized by an Act of Parliament, sell or otherwise dispose of any of the assets of the corporation or corporations, if the assets to be sold or otherwise disposed of constitute all or substantially all of the total assets of the group.

  • Marginal note:Holding by agent corporations

    (4) For the purposes of paragraphs (1)(a) and (b), 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:Interpretation

    (5) For the purposes of this section and sections 91 to 94,

    • (a) a reference to an acquisition or a sale or other disposal includes an acquisition or a sale or other disposal

      • (i) that is between agent corporations or between the Crown and an agent corporation, or

      • (ii) that occurs as a result of more than one related transaction or event;

    • (b) a reference to the assets of a corporation or corporations includes shares of another corporation held by, on behalf of or in trust for the corporation or corporations;

    • (c) person includes an agent of the Crown;

    • (d) related group means a group of corporations consisting of a parent Crown corporation and all of its wholly-owned subsidiaries; and

    • (e) shares includes any conversion or exchange privilege, option or right to acquire shares.

  • R.S., 1985, c. F-11, s. 90;
  • 1991, c. 24, s. 50(F).
 
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