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

Act current to 2016-08-15 and last amended on 2016-07-08. Previous Versions

Responsibilities and Powers

Marginal note:Responsibilities of Treasury Board
  •  (1) The Treasury Board may act for the Queen’s Privy Council for Canada on all matters relating to

    • (a) general administrative policy in the federal public administration;

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

    • (c) 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;

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

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

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

    • (e.1) 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

    • (e.2) internal audit in the federal public administration;

    • (f) such other matters as may be referred to it by the Governor in Council.

  • Marginal note:Authority under other Acts

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

  • Marginal note:Delegation

    (3) 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.

  • R.S., 1985, c. F-11, s. 7;
  • 1991, c. 24, ss. 2, 49(E);
  • 1998, c. 14, s. 103(F);
  • 2003, c. 22, ss. 6, 224(E);
  • 2006, c. 9, s. 258.
Marginal note:Group insurance and benefit programs
  •  (1) 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.

  • Marginal note:Remainder of Act does not apply

    (2) 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.

  • 1996, c. 18, s. 3;
  • 2003, c. 22, s. 7(E);
  • 2005, c. 30, ss. 132, 134(E).
Marginal note:Incorporation by letters patent
  •  (1) 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).

  • Marginal note:Content of letters patent

    (2) The letters patent must set out

    • (a) the name of the corporation;

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

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

    • (d) the appointment and the operations of the corporation’s board of directors;

    • (e) the corporation’s reporting obligations;

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

    • (g) the code of conduct for the corporation’s directors and officers; and

    • (h) any other provision that is necessary to fulfil the corporation’s purpose.

  • Marginal note:Supplementary letters patent

    (3) 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.

  • Marginal note:Statutory Instruments Act

    (4) 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.

  • Marginal note:Capacity of a natural person

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

  • Marginal note:Status of corporation

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

  • 2005, c. 30, s. 132.
Marginal note:Board of directors

 The corporation’s board of directors consists of

  • (a) 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;

  • (b) 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;

  • (c) four directors appointed by the President of the Treasury Board; and

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

  • 2005, c. 30, s. 132.
Marginal note:Regulations

 The Treasury Board may make regulations respecting the governance of the corporation, including regulations that adapt any provisions of the Canada Business Corporations Act, the Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, 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.

  • 2005, c. 30, s. 132;
  • 2009, c. 23, s. 327.
Marginal note:Subject to directions of Governor in Council

 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.

  • R.S., c. F-10, s. 5.
Marginal note:Form of accounts of Canada
  •  (1) 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.

  • Marginal note:Land management and development records and plans

    (1.1) The Treasury Board may

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

    • (b) prescribe the manner and form in which the records and plans are to be maintained.

  • Marginal note:Production of documents

    (2) 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.

  • Marginal note:Idem

    (3) 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

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

    • (b) 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.

  • R.S., 1985, c. F-11, s. 9;
  • 1991, c. 24, s. 3.
 
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