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

Alteration of Schedules

Marginal note:Addition to Schedule I.1, II or III
  •  (1) The Governor in Council may, by order,

    • (a) add to Schedule I.1 in column I thereof the name of any division or branch of the federal public administration and in column II thereof opposite that name a reference to the appropriate Minister;

    • (a.1) add to Schedule II the name of any corporation established by an Act of Parliament that performs administrative, research, supervisory, advisory or regulatory functions of a governmental nature; and

    • (b) add to Part I or II of Schedule III the name of any parent Crown corporation.

  • Marginal note:Alteration of Schedule I.1

    (1.1) The Governor in Council may, by order, amend Schedule I.1 by striking out the reference in column II thereof opposite the name of a division or branch of the federal public administration in column I thereof and by substituting therefor another reference in column II thereof opposite that name.

  • Marginal note:Idem

    (1.2) The Governor in Council may, by order, delete from Schedule I.1 the name of any division or branch of the federal public administration that has been changed and shall thereupon add the new name of the division or branch to that Schedule.

  • Marginal note:Idem

    (1.3) The Governor in Council may, by order, delete from Schedule I.1 the name of any division or branch of the federal public administration that has ceased to exist, become part of another department or otherwise ceased to be a separate division or branch of the federal public administration and the reference to the appropriate Minister.

  • Marginal note:Alteration of Schedule II or III

    (2) The Governor in Council may, by order,

    • (a) delete from Schedule II the name of any corporation that has been changed and shall, by the same order, add the new name of the corporation to that Schedule; and

    • (b) delete from Part I or II of Schedule III the name of any parent Crown corporation that has been changed and shall, by the same order, add the new name of the corporation to that Part.

  • Marginal note:Idem

    (3) The Governor in Council may, by order, delete from Part I or II of Schedule III the name of any parent Crown corporation that should appear in the other Part and shall, by the same order, add the name of that corporation to the other Part.

  • Marginal note:Restriction

    (4) The name of a parent Crown corporation shall not be added to Schedule III, if the Governor in Council is satisfied that the corporation meets the criteria described in paragraph (1)(a.1).

  • Marginal note:Idem

    (5) The name of a parent Crown corporation shall not be added to Part II of Schedule III, unless the Governor in Council is satisfied that

    • (a) the corporation

      • (i) operates in a competitive environment,

      • (ii) is not ordinarily dependent on appropriations for operating purposes, and

      • (iii) ordinarily earns a return on equity; and

    • (b) there is a reasonable expectation that the corporation will pay dividends.

  • Marginal note:Deletion from Schedule II or III

    (6) The Governor in Council may, by order,

    • (a) delete from Schedule II the name of any corporation that has been dissolved or otherwise has ceased to be a corporation described in paragraph (1)(a.1); and

    • (b) delete from Part I or II of Schedule III the name of any corporation that has been dissolved or otherwise has ceased to be a parent Crown corporation.

  • Marginal note:Addition to Schedule IV or V

    (7) The Governor in Council may, by order, add to Schedule IV or V the name of any portion of the federal public administration

    • (a) to which Part I of the Canada Labour Code does not apply; and

    • (b) in respect of which a minister of the Crown, the Treasury Board or the Governor in Council is authorized to establish or approve terms and conditions of employment.

  • Marginal note:Transfers between Schedules IV and V

    (8) The Governor in Council may, by order, delete the name of any portion of the federal public administration named in Schedule IV or V, in which case the Governor in Council must add the name of that portion to the other one of those two schedules, but the Governor in Council need not do so if that portion

    • (a) no longer has any employees; or

    • (b) is a corporation that has been excluded from the operation of Part I of the Canada Labour Code.

  • Marginal note:Application of Canada Labour Code

    (9) The exclusion of a corporation from the operation of Part I of the Canada Labour Code ceases to have effect if the corporation’s name is deleted from Schedule IV or V without a corresponding addition to the other one of those two schedules.

  • Marginal note:Schedule VI

    (10) The Governor in Council may, by order,

    • (a) add to Part I of Schedule VI the name of any department named in Schedule I;

    • (b) add to Part II or III of Schedule VI the name of any department and a reference to the accounting officer for the department;

    • (c) amend Part II or III of Schedule VI by replacing a reference to the accounting officer for a department with a new reference;

    • (d) move from Part II to Part III of Schedule VI, or from Part III to Part II of that Schedule, the name of a department and the reference to its accounting officer;

    • (e) amend Part I, II or III of Schedule VI by replacing the former name of a department with the new name; and

    • (f) delete the name of a department and the reference to its accounting officer from Part I, II or III of Schedule VI, where the department has ceased to exist or become part of another department.

  • R.S., 1985, c. F-11, s. 3;
  • 1991, c. 24, s. 1;
  • 1992, c. 1, s. 70;
  • 1999, c. 31, s. 99;
  • 2003, c. 22, ss. 3, 224(E);
  • 2006, c. 9, s. 257.
Marginal note:Tabling order
  •  (1) Every order made pursuant to subsection 3(3) that deletes the name of a corporation from Part I of Schedule III and adds it to Part II of that Schedule shall be laid before each House of Parliament within the first fifteen days on which that House is sitting after the order is made.

  • Marginal note:Reference to committee

    (2) An order laid before a House of Parliament pursuant to subsection (1) stands referred to such committee of that House as may be designated or established by that House for the purpose.

  • Marginal note:Delay

    (3) An order laid before a House of Parliament pursuant to subsection (1) shall come into force on the thirty-first sitting day after the order has been laid before both Houses of Parliament or on such later day as is specified in the order.

  • Definition of sitting day

    (4) In this section, sitting day means a day on which either House of Parliament is sitting.

  • R.S., 1985, c. F-11, s. 4;
  • 1999, c. 31, s. 100(F).

PART IOrganization

Treasury Board

Establishment

Marginal note:Treasury Board
  •  (1) There is hereby established a committee of the Queen’s Privy Council for Canada called the Treasury Board over which the President of the Treasury Board appointed by Commission under the Great Seal shall preside.

  • Marginal note:Composition of committee

    (2) The Treasury Board shall, in addition to the President of the Treasury Board, consist of the Minister and four other members of the Queen’s Privy Council for Canada to be nominated from time to time by the Governor in Council.

  • Marginal note:Alternate members

    (3) The Governor in Council may nominate such additional members of the Queen’s Privy Council for Canada as he sees fit to be alternates to serve in the place of members of the Treasury Board.

  • Marginal note:Rules and procedures

    (4) Subject to this Act and any directions of the Governor in Council, the Treasury Board may determine its own rules and procedures.

  • R.S., c. F-10, s. 3.

Public Officers

Marginal note:Duties of President
  •  (1) The President of the Treasury Board holds office during pleasure and presides over meetings of the Treasury Board.

  • Marginal note:Secretary of the Treasury Board

    (2) The Governor in Council may appoint an officer called the Secretary of the Treasury Board to hold office during pleasure, which officer ranks as and has the powers of a deputy head of a department.

  • Marginal note:Chief Human Resources Officer

    (2.1) The Governor in Council may appoint an officer called the Chief Human Resources Officer to hold office during pleasure, who ranks as and has the powers of a deputy head of a department.

  • Marginal note:Comptroller General of Canada

    (3) The Governor in Council may appoint an officer called the Comptroller General of Canada to hold office during pleasure, which officer ranks as and has the powers of a deputy head of a department.

  • Marginal note:Delegation

    (4) The Treasury Board may delegate to the President of the Treasury Board, to the Secretary of the Treasury Board, to the Comptroller General of Canada or to the deputy head or chief executive officer of any portion of the federal public administration any of the powers or functions it is authorized to exercise under any Act of Parliament or by any order made by the Governor in Council. It may make the delegation subject to any terms and conditions that it considers appropriate.

  • Marginal note:Delegation to Chief Human Resources Officer

    (4.1) The Treasury Board may, subject to any terms and conditions that it considers appropriate, delegate to the Chief Human Resources Officer

    • (a) any of the powers or functions in relation to human resources management, official languages, employment equity, and values and ethics that it is authorized to exercise under any Act of Parliament or by any order made by the Governor in Council; or

    • (b) any of the powers or functions in relation to employment that it is authorized to exercise under the Public Service Employment Act.

  • Marginal note:President of the Treasury Board to coordinate activities

    (4.2) The President of the Treasury Board is responsible and accountable for the coordination of the activities of the Secretary of the Treasury Board, the Chief Human Resources Officer and the Comptroller General of Canada and may, subject to any terms and conditions that the President of the Treasury Board considers appropriate, delegate that responsibility to the Secretary of the Treasury Board or to any person under the President of the Treasury Board’s jurisdiction.

  • Marginal note:Exception

    (5) Subsections (4) and (4.1) do not apply in respect of the Treasury Board’s power to delegate under those subsections or to its power to make regulations.

  • Marginal note:Sub-delegation

    (6) Any person to whom powers or functions are delegated under subsection (4) or (4.1) may, subject to and in accordance with the delegation, sub-delegate any of those powers or functions to any person under their jurisdiction.

  • Marginal note:Officers and employees

    (7) The other officers and employees that are necessary for the proper conduct of the business of the Treasury Board are to be appointed in the manner authorized by the Public Service Employment Act.

  • R.S., 1985, c. F-11, s. 6;
  • 1991, c. 24, s. 50(F);
  • 2003, c. 22, s. 5;
  • 2005, c. 15, s. 4;
  • 2010, c. 12, s. 1675.
 
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