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

Act current to 2016-08-01 and last amended on 2016-07-08. Previous Versions

Marginal note:Payments urgently required
  •  (1) Subject to subsection (1.1), where a payment is urgently required for the public good

    • (a) at any time that Parliament is not in session from the date of a dissolution until sixty days following the date fixed for the return of the writs at the general election immediately following that dissolution, and

    • (b) there is no other appropriation pursuant to which the payment may be made,

    the Governor in Council, on the report of the President of the Treasury Board that there is no appropriation for the payment and the report of the appropriate Minister that the payment is urgently required for the public good, may, by order, direct the preparation of a special warrant to be signed by the Governor General authorizing the payment to be made out of the Consolidated Revenue Fund.

  • Marginal note:No special warrants when Parliament prorogued

    (1.1) The Governor in Council shall not, in the sixty days referred to in subsection (1), direct the preparation of a special warrant referred to in that subsection when Parliament is not in session on any of those days by virtue of the fact that it is prorogued.

  • Marginal note:Special warrant

    (2) A special warrant issued pursuant to this section shall for the purposes of this Act be deemed to be an appropriation for the fiscal year in which the warrant is issued.

  • Marginal note:Publication and report

    (3) Every warrant issued under this section shall be published in the Canada Gazette within thirty days after it is issued, and a statement showing all warrants issued under this section and the amounts of those warrants shall be laid by the President of the Treasury Board before the House of Commons within fifteen days after the commencement of the next ensuing session of Parliament.

  • Marginal note:Subsequent appropriation

    (4) Where a special warrant has been issued pursuant to this section, the amounts appropriated thereby shall be deemed to be included in and not to be in addition to the amounts appropriated by the Act of Parliament enacted next thereafter for granting to Her Majesty sums of money to defray expenses of the federal public administration for a fiscal year.

  • (5) [Repealed, 1997, c. 5, s. 1]

  • R.S., 1985, c. F-11, s. 30;
  • 1997, c. 5, s. 1;
  • 2003, c. 22, s. 224(E).
Marginal note:Appropriation allotments
  •  (1) At the commencement of each fiscal year or at such other times as the Treasury Board may direct, the deputy head or other person charged with the administration of a service for which there is an appropriation by Parliament or an item included in estimates then before the House of Commons shall, unless otherwise directed by the Board, prepare a division of the appropriation or item into allotments in the form detailed in the estimates submitted to Parliament for the appropriation or item or in such other form as the Board may prescribe and shall submit the division to the Board.

  • Marginal note:Allotments not to be varied without approval

    (2) Where a division required to be submitted to the Treasury Board pursuant to subsection (1) is approved by the Board, the allotments shall not be varied or amended without the approval of the Board.

  • Marginal note:Departmental control of allotments

    (3) The deputy head or other person charged with the administration of a service for which a division is required to be prepared pursuant to subsection (1) shall ensure by an adequate system of internal control and audit that the allotments provided in that division are not exceeded.

  • R.S., 1985, c. F-11, s. 31;
  • 1991, c. 24, s. 50(F);
  • 1999, c. 31, s. 106(F).
Marginal note:Credits transferred

 If an order is made under section 2 of the Public Service Rearrangement and Transfer of Duties Act, all of the unexpended money authorized by an Act of Parliament to be paid and applied for the purposes of any power, duty or function or control or supervision of a portion of the federal public administration that is transferred as a result of the operation of sections 2 and 3 of that Act is deemed to have been appropriated for the purposes of the power, duty, function, control or supervision to the department in, or portion of, the federal public administration to which it has been transferred.

  • 2011, c. 15, s. 35.
Marginal note:Control of commitments
  •  (1) No contract or other arrangement providing for a payment shall be entered into with respect to any program for which there is an appropriation by Parliament or an item included in estimates then before the House of Commons to which the payment will be charged unless there is a sufficient unencumbered balance available out of the appropriation or item to discharge any debt that, under the contract or other arrangement, will be incurred during the fiscal year in which the contract or other arrangement is entered into.

  • Marginal note:Record of commitments

    (2) The deputy head or other person charged with the administration of a program for which there is an appropriation by Parliament or an item included in estimates then before the House of Commons shall, as the Treasury Board may prescribe, establish procedures and maintain records respecting the control of financial commitments chargeable to each appropriation or item.

  • R.S., 1985, c. F-11, s. 32;
  • 1999, c. 31, s. 107(F).
Marginal note:Requisitions
  •  (1) No charge shall be made against an appropriation except on the requisition of the appropriate Minister of the department for which the appropriation was made or of a person authorized in writing by that Minister.

  • Marginal note:Form

    (2) Every requisition for a payment out of the Consolidated Revenue Fund shall be in such form, accompanied by such documents and certified in such manner as the Treasury Board may prescribe by regulation.

  • Marginal note:When requisition not to be made

    (3) No requisition shall be made pursuant to subsection (1) for a payment that

    • (a) would not be a lawful charge against the appropriation;

    • (b) would result in an expenditure in excess of the appropriation; or

    • (c) would reduce the balance available in the appropriation so that it would not be sufficient to meet the commitments charged against it.

  • Marginal note:Reference to Treasury Board

    (4) The appropriate Minister may transmit to the Treasury Board any requisition with respect to which that Minister desires the direction of the Board, and the Board may order that payment be made or refused.

  • R.S., c. F-10, s. 26.
Marginal note:Payment for work, goods or services
  •  (1) No payment shall be made in respect of any part of the federal public administration unless, in addition to any other voucher or certificate that is required, the deputy of the appropriate Minister, or another person authorized by that Minister, certifies

    • (a) in the case of a payment for the performance of work, the supply of goods or the rendering of services,

      • (i) that the work has been performed, the goods supplied or the service rendered, as the case may be, and that the price charged is according to the contract, or if not specified by the contract, is reasonable,

      • (ii) where, pursuant to the contract, a payment is to be made before the completion of the work, delivery of the goods or rendering of the service, as the case may be, that the payment is according to the contract, or

      • (iii) where, in accordance with the policies and procedures prescribed under subsection (2), payment is to be made in advance of verification, that the claim for payment is reasonable; or

    • (b) in the case of any other payment, that the payee is eligible for or entitled to the payment.

  • Marginal note:Policies and procedures

    (2) The Treasury Board may prescribe policies and procedures to be followed to give effect to the certification and verification required under subsection (1).

  • R.S., 1985, c. F-11, s. 34;
  • 1991, c. 24, s. 13;
  • 2003, c. 22, s. 224(E).

Definition of instruction for payment

  •  (1) In this section and section 36, instruction for payment means an instrument or other instruction for the payment of money, but does not include a requisition under section 33.

  • Marginal note:Form of payments out of C.R.F.

    (2) Every payment out of the Consolidated Revenue Fund shall be made under the direction and control of the Receiver General by the issuance of an instruction for payment, in such form and authenticated in such manner as the Treasury Board may direct.

  • Marginal note:Claim for settlement

    (3) An amount set out in an instruction for payment issued under subsection (2), less any amount charged back as a result of a reconciliation pursuant to section 36, may be paid out of the Consolidated Revenue Fund where

    • (a) a claim for settlement of the amount is made by a member of the Canadian Payments Association or by a person authorized by the Receiver General to make a claim for settlement; and

    • (b) the claim is made in the prescribed manner and is accompanied by the prescribed evidence.

  • Marginal note:Prescription of manner of claim

    (4) The Receiver General may prescribe the manner of making a claim for settlement and the evidence that must accompany the claim.

  • R.S., 1985, c. F-11, s. 35;
  • 1991, c. 24, s. 14;
  • 1999, c. 31, s. 108(F).
 
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