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

Act current to 2017-04-12 and last amended on 2016-12-15. Previous Versions

Marginal note:Delegation by Governor in Council
  •  (1) The Governor in Council may delegate to the minister of the Crown responsible for a separate agency, or to its deputy head, any of the powers or functions of the Governor in Council or the Treasury Board in relation to human resources management in that separate agency, subject to any terms and conditions that the Governor in Council directs.

  • Marginal note:Sub-delegation

    (2) Any person to whom powers or functions are delegated under subsection (1) may, subject to and in accordance with the delegation, sub-delegate any of those powers or functions to any person under their jurisdiction.

  • 2003, c. 22, s. 8.
Marginal note:Powers of deputy heads in core public administration
  •  (1) Subject to paragraphs 11.1(1)(f) and (g), every deputy head in the core public administration may, with respect to the portion for which he or she is deputy head,

    • (a) determine the learning, training and development requirements of persons employed in the public service and fix the terms on which the learning, training and development may be carried out;

    • (b) provide for the awards that may be made to persons employed in the public service for outstanding performance of their duties, for other meritorious achievement in relation to their duties or for inventions or practical suggestions for improvements;

    • (c) establish standards of discipline and set penalties, including termination of employment, suspension, demotion to a position at a lower maximum rate of pay and financial penalties;

    • (d) provide for the termination of employment, or the demotion to a position at a lower maximum rate of pay, of persons employed in the public service whose performance, in the opinion of the deputy head, is unsatisfactory;

    • (e) provide for the termination of employment, or the demotion to a position at a lower maximum rate of pay, of persons employed in the public service for reasons other than breaches of discipline or misconduct; and

    • (f) provide for the termination of employment of persons to whom an offer of employment is made as the result of the transfer of any work, undertaking or business from the core public administration to any body or corporation that is not part of the core public administration.

  • Marginal note:Powers of other deputy heads

    (2) Subject to any terms and conditions that the Governor in Council may direct, every deputy head of a separate agency, and every deputy head designated under paragraph 11(2)(b), may, with respect to the portion of the federal public administration for which he or she is deputy head,

    • (a) determine the learning, training and development requirements of persons employed in the public service and fixing the terms on which the learning, training and development may be carried out;

    • (b) provide for the awards that may be made to persons employed in the public service for outstanding performance of their duties, for other meritorious achievement in relation to their duties or for inventions or practical suggestions for improvements;

    • (c) establish standards of discipline and set penalties, including termination of employment, suspension, demotion to a position at a lower maximum rate of pay and financial penalties; and

    • (d) provide for the termination of employment, or the demotion to a position at a lower maximum rate of pay, of persons employed in the public service for reasons other than breaches of discipline or misconduct.

  • Marginal note:For cause

    (3) Disciplinary action against, or the termination of employment or the demotion of, any person under paragraph (1)(c), (d) or (e) or (2)(c) or (d) may only be for cause.

  • R.S., 1985, c. F-11, s. 12;
  • 1995, c. 17, s. 7;
  • 1996, c. 18, s. 6;
  • 2003, c. 22, s. 8.
Marginal note:Limitation

 Section 11.1 and subsection 12(2) apply subject to the provisions of any Act of Parliament, or any regulation, order or other instrument made under the authority of an Act of Parliament, respecting the powers or functions of a separate agency.

  • 2003, c. 22, s. 8.
Marginal note:Delegation by deputy head
  •  (1) A deputy head may delegate to any person any of the deputy head’s powers or functions in relation to human resources management, subject to any terms and conditions that he or she directs.

  • Marginal note:Sub-delegation

    (2) Any person to whom powers or functions are delegated under subsection (1) may, subject to and in accordance with the delegation, sub-delegate any of those powers or functions to any other person.

  • 2003, c. 22, s. 8.
Marginal note:National Joint Council agreements
  •  (1) Despite any other Act of Parliament, if the employment of an employee is terminated under paragraph 12(1)(f), agreements of the National Joint Council, other than agreements of the National Joint Council that are related to work force adjustment, cease to apply to the employee immediately before the termination of employment, unless the termination of employment was the result of the transfer of any work, undertaking or business from the core public administration to any body or corporation that is

    • (a) a separate agency; or

    • (b) another portion of the federal public administration designated by the Governor in Council for the purpose of paragraph (d) of the definition public service in subsection 11(1).

  • Marginal note:Accrued benefits

    (2) Her Majesty in right of Canada, as represented by the Treasury Board, continues to be responsible for any obligation of Her Majesty in respect of benefits arising out of agreements of the National Joint Council that had accrued to employees of a body or corporation immediately before the date of the transfer referred to in subsection (1).

  • 2003, c. 22, s. 8.

 [Repealed, 2012, c. 19, s. 218]

Marginal note:Right or power of Governor in Council not affected
  •  (1) Subject to subsection (2), nothing in this Act or any other Act of Parliament is to be construed as limiting or affecting the right or power of the Governor in Council to suspend or dismiss, on the basis of a security assessment, any person employed in the public service.

  • Marginal note:Restriction

    (2) If a person has made a complaint with respect to a security assessment to the Security Intelligence Review Committee established by subsection 34(1) of the Canadian Security Intelligence Service Act, that person may not be dismissed by the Governor in Council until after the completion of the investigation in relation to that complaint.

  • Marginal note:Order to be conclusive proof

    (3) For the purpose of subsection (1), any order made by the Governor in Council is conclusive proof of the matters stated therein in relation to the suspension or dismissal of any person in the interest of the safety or security of Canada or any state allied or associated with Canada.

  • R.S., 1985, c. F-11, s. 13;
  • 1991, c. 24, s. 50(F);
  • 2003, c. 22, s. 9.

Department of Finance

Marginal note:Department established

 There is hereby established a department of the Government of Canada called the Department of Finance over which the Minister of Finance appointed by commission under the Great Seal shall preside.

  • R.S., c. F-10, s. 8.
Marginal note:Minister

 The Minister holds office during pleasure and has the management and direction of the Department, the management of the Consolidated Revenue Fund and the supervision, control and direction of all matters relating to the financial affairs of Canada not by law assigned to the Treasury Board or to any other minister.

  • R.S., c. F-10, s. 9.
Marginal note:Advisory and other committees
  •  (1) The Minister may establish advisory and other committees and provide for their membership, duties, functions and operation.

  • Marginal note:Remuneration and expenses

    (2) Members of a committee may be paid for their services the remuneration and expenses that the Governor in Council may determine.

  • 2008, c. 28, s. 153.
Marginal note:Deputy head

 The Governor in Council may appoint an officer called the Deputy Minister of Finance to hold office during pleasure and to be the deputy head of the Department.

  • R.S., c. F-10, s. 10.

PART I.1Internal Audit and Accounting Officers

Marginal note:Audit capacity

 The deputy head or chief executive officer of a department is responsible for ensuring an internal audit capacity appropriate to the needs of the department.

  • 2006, c. 9, s. 259.
 
Date modified: