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

Act current to 2017-03-20 and last amended on 2016-12-15. Previous Versions

Marginal note:Qualifications preserved

 Nothing in sections 134 and 135 shall be construed as empowering the appointment, re-appointment or continuation in office as an auditor of a Crown corporation of any person who does not meet any qualifications for such appointment, re-appointment or continuation established by any other Act of Parliament.

  • R.S., 1985, c. F-11, s. 136;
  • 2005, c. 30, s. 37.
Marginal note:Resignation

 A resignation of an auditor of a Crown corporation becomes effective at the time the corporation receives a written resignation from the auditor or at the time specified in the resignation, whichever is later.

  • R.S., 1985, c. F-11, s. 137;
  • 2005, c. 30, s. 37.

Special Examination

Marginal note:Special examination
  •  (1) Each parent Crown corporation shall cause a special examination to be carried out in respect of itself and its wholly-owned subsidiaries, if any, to determine if the systems and practices referred to in paragraph 131(1)(b) were, in the period under examination, maintained in a manner that provided reasonable assurance that they met the requirements of paragraphs 131(2)(a) and (c).

  • Marginal note:Time for examination

    (2) A special examination shall be carried out at least once every 10 years and at any additional times that the Governor in Council, the appropriate Minister, the board of directors of the corporation to be examined or the Auditor General of Canada may require.

  • Marginal note:Plan

    (3) Before an examiner commences a special examination, he shall survey the systems and practices of the corporation to be examined and submit a plan for the examination, including a statement of the criteria to be applied in the examination, to the audit committee of the corporation, or if there is no audit committee, to the board of directors of the corporation.

  • Marginal note:Resolution of disagreements

    (4) Any disagreement between the examiner and the audit committee or board of directors of a corporation with respect to a plan referred to in subsection (3) may be resolved

    • (a) in the case of a parent Crown corporation, by the appropriate Minister; and

    • (b) in the case of a wholly-owned subsidiary, by the parent Crown corporation that wholly owns the subsidiary.

  • Marginal note:Reliance on internal audit

    (5) An examiner shall, to the extent he considers practicable, rely on any internal audit of the corporation being examined conducted pursuant to subsection 131(3).

  • R.S., 1985, c. F-11, s. 138;
  • 2009, c. 2, s. 374.
Marginal note:Report
  •  (1) An examiner shall, on completion of the special examination, submit a report on his findings to the board of directors of the corporation examined.

  • Marginal note:Contents

    (2) The report of an examiner under subsection (1) shall include

    • (a) a statement whether in the examiner’s opinion, with respect to the criteria established pursuant to subsection 138(3), there is reasonable assurance that there are no significant deficiencies in the systems and practices examined; and

    • (b) a statement of the extent to which the examiner relied on internal audits.

  • Marginal note:Report to Minister and President of the Treasury Board

    (3) The board of directors shall, within 30 days after the day on which it receives the report, submit the report to the appropriate Minister and the President of the Treasury Board.

  • Marginal note:Report available to public

    (4) The board of directors shall, within 60 days after the day on which it receives the report, make the report available to the public.

  • R.S., 1985, c. F-11, s. 139;
  • 2009, c. 2, s. 375.
Marginal note:Special report to appropriate Minister

 Where the examiner of a parent Crown corporation, or a wholly-owned subsidiary of a parent Crown corporation, is of the opinion that the report under subsection 139(1) contains information that should be brought to the attention of the appropriate Minister, the examiner shall, after consultation with the board of directors of the corporation, or with the boards of the subsidiary and corporation, as the case may be, report that information to the Minister and furnish the board or boards with a copy of the report.

  • R.S., 1985, c. F-11, s. 140;
  • 2005, c. 30, s. 38.
Marginal note:Special report to Parliament

 Where the examiner of a parent Crown corporation, or a wholly-owned subsidiary of a parent Crown corporation, is of the opinion that the report under subsection 139(1) contains information that should be brought to the attention of Parliament, the examiner shall, after consultation with the appropriate Minister and the board of directors of the corporation, or with the boards of the subsidiary and corporation, as the case may be, prepare a report on that information for inclusion in the next annual report of the corporation and furnish the board or boards, the appropriate Minister and the Auditor General of Canada with copies of the report.

  • R.S., 1985, c. F-11, s. 141;
  • 2005, c. 30, s. 38.
Marginal note:Examiner
  •  (1) Subject to subsection (2), a special examination referred to in section 138 shall be carried out by the auditor of a Crown corporation.

  • Marginal note:Examiner

    (2) Where, in the opinion of the Governor in Council, a person other than the auditor of a Crown corporation should carry out a special examination, the Governor in Council may, after the appropriate Minister has consulted the board of directors of the corporation, appoint an auditor who is qualified for the purpose to carry out the examination in lieu of the auditor of the corporation and may, after the appropriate Minister has consulted the board, remove that qualified auditor at any time.

  • (3) [Repealed, 2005, c. 30, s. 39]

  • Marginal note:Applicable provisions

    (4) Subject to subsection (5), sections 135 and 137 apply in respect of an examiner as though the references therein to an auditor were references to an examiner.

  • Marginal note:Auditor General eligible

    (5) The Auditor General of Canada is eligible to be appointed an examiner and section 135 does not apply to the Auditor General of Canada in respect of such an appointment.

  • R.S., 1985, c. F-11, s. 142;
  • 2005, c. 30, s. 39.

Consultation with Auditor General

Marginal note:Consultation with Auditor General

 The auditor or examiner of a Crown corporation may at any time consult the Auditor General of Canada on any matter relating to his audit or special examination and shall consult the Auditor General with respect to any matter that, in the opinion of the auditor or examiner, should be brought to the attention of Parliament pursuant to paragraph 132(2)(b) or section 141.

  • 1984, c. 31, s. 11.

Right to Information

Marginal note:Right to information
  •  (1) On the demand of the auditor or examiner of a Crown corporation, the present or former directors, officers, employees or agents of the corporation shall furnish such

    • (a) information and explanations, and

    • (b) access to records, documents, books, accounts and vouchers of the corporation or any of its subsidiaries

    as the auditor or examiner considers necessary to enable him to prepare any report as required by this Division and that the directors, officers, employees or agents are reasonably able to furnish.

  • Marginal note:Idem

    (2) On the demand of the auditor or examiner of a Crown corporation, the directors of the corporation shall

    • (a) obtain from the present or former directors, officers, employees or agents of any subsidiary of the corporation such information and explanations as the auditor or examiner considers necessary to enable him to prepare any report as required by this Division and that the present or former directors, officers, employees or agents are reasonably able to furnish; and

    • (b) furnish the auditor or examiner with the information and explanations so obtained.

  • Marginal note:Reliance on reports

    (3) An auditor or examiner of a Crown corporation may reasonably rely on any report of any other auditor or examiner.

  • R.S., 1985, c. F-11, s. 144;
  • 1991, c. 24, s. 50(F).

Policy

Marginal note:Restriction

 Nothing in this Part or the regulations shall be construed as authorizing the auditor or examiner of a Crown corporation to express any opinion on the merits of matters of policy, including the merits of

  • (a) the objects or purposes for which the corporation is incorporated, or the restrictions on the businesses or activities that it may carry on, as set out in its charter;

  • (b) the objectives of the corporation; and

  • (c) any business or policy decision of the corporation or of the Government of Canada.

  • 1984, c. 31, s. 11.
 
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