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

Act current to 2020-07-28 and last amended on 2020-07-01. Previous Versions

PART IVPublic Debt (continued)

Marginal note:Records of money borrowed

  •  (1) The Minister shall cause to be maintained a system of books and records

    • (a) showing all money authorized by Parliament to be borrowed by the issue and sale of securities;

    • (b) containing a description and record of all money so borrowed and securities issued; and

    • (c) showing all amounts paid in respect of the principal of or interest on all money so borrowed.

  • Marginal note:Accounting by fiscal agents and registrars

    (2) Every fiscal agent and registrar shall annually, and as often as required by the Minister, give to the Minister an accounting, in such form and terms and containing such information as the Minister prescribes, of all his transactions as fiscal agent or registrar.

  • R.S., c. F-10, s. 43

Marginal note:Sinking fund

 The Governor in Council may provide for the creation and management of a sinking fund with respect to any issue of securities or with respect to all securities issued.

  • R.S., c. F-10, s. 44

Marginal note:Borrowed money and interest

 The repayment of all money borrowed and interest on that money, including the principal of and interest on all securities issued by or on behalf of Her Majesty with the authority of Parliament, is a charge on and payable out of the Consolidated Revenue Fund.

  • R.S., 1985, c. F-11, s. 54
  • 2007, c. 29, s. 88

Marginal note:Payment of loan expenses

 With the authority of the Governor in Council, there may be paid out of the Consolidated Revenue Fund

  • (a) all money required under section 53 to provide a sinking fund or other means of securing repayment of securities;

  • (b) the remuneration and compensation of registrars and fiscal agents appointed under section 51;

  • (c) all costs, expenses and charges incurred in the negotiation or raising of loans or in the issue, redemption, servicing, payment and management of any loan and any securities issued in respect thereof;

  • (d) all money required to be paid under contracts and agreements entered into under this Part, either before or after the coming into force of this paragraph; and

  • (e) all money that the Minister considers appropriate to pay in the exercise of his or her power to do any other thing relating to the borrowing of money under subsection 44(3).

  • R.S., 1985, c. F-11, s. 55
  • 1991, c. 24, s. 50(F)
  • 1999, c. 26, s. 23.2
  • 2016, c. 12, s. 122

Marginal note:Payment for securities to agent or by salary deduction in trust money

  •  (1) Where it is provided by a prospectus or other official notice issued by or under the authority of the Minister that a subscriber may purchase securities by payments to an authorized agent or by deductions from the remuneration of the subscriber by his employer, the amount of any such payment or deduction that has not been accounted for by the delivery of securities to the subscriber or repaid to the subscriber shall be deemed to be money received in trust for Her Majesty by the agent or employer for which the agent or employer is accountable to Her Majesty under section 76.

  • Marginal note:Amount deemed segregated in trust

    (2) Where money paid or deducted pursuant to subsection (1) cannot be identified among the assets of the employer or agent, a portion of those assets equal in value to the amount of the payment or deduction shall be deemed to be segregated and held in trust for Her Majesty.

  • R.S., 1985, c. F-11, s. 56
  • 1991, c. 24, s. 50(F)

Marginal note:Investors’ Indemnity Account

 There shall be established in the accounts of Canada an account to be known as the Investors’ Indemnity Account to which shall be credited the sum of twenty-five thousand dollars, such further amounts as are appropriated by Parliament for the purposes of this section and any recoveries of the losses referred to in section 58.

  • R.S., c. F-10, s. 48

Marginal note:Payment of losses

 The Minister may, in accordance with and subject to the regulations, pay out of the Investors’ Indemnity Account any losses sustained by subscribers for securities who have paid all or part of the purchase price for those securities but have not received the security or repayment of the amount so paid, and losses sustained by any person in the redemption of securities.

  • R.S., c. F-10, s. 49

Marginal note:Not bound to execute trusts

 Her Majesty and a fiscal agent or registrar acting as such are not bound to see to the execution of any express or implied trust to which any securities are subject.

  • R.S., c. F-10, s. 50

Marginal note:Regulations

  •  (1) The Governor in Council may make such regulations as he deems necessary to provide for the management of the public debt of Canada and the payment of interest thereon and, without limiting the generality of the foregoing, may make regulations

    • (a) for the inscription of security certificates and the registration of securities and prescribing the effect of the inscription or registration;

    • (b) for the transmission, transfer, redemption and cancellation of securities and the exchange and destruction of any security certificates, and, without limiting the generality of the foregoing,

      • (i) for the transmission, transfer or redemption of securities pursuant to a judgment or as the result of the death, dissolution or bankruptcy of the registered owner of the securities, and

      • (ii) prescribing the conditions on which the transfer and redemption of securities or the exchange of security certificates registered in the names of infants, minors or other persons not of full capacity to enter into ordinary contracts may be made;

    • (c) for the issue of security certificates or making of payments in respect of damaged, lost, stolen or destroyed security certificates or interest coupons, and of the cheques pertaining thereto and prescribing conditions to the issue or payment;

    • (c.1) respecting the issuance and holding of non-certificated securities;

    • (c.2) respecting the circumstances under which the beneficial owner of a non-certificated security can obtain a security certificate or under which the beneficial owner of a security certificate can obtain a non-certificated security;

    • (d) requiring guarantees to be given to the registrar in such manner and by such persons as the regulations may prescribe, before the registrar is authorized to make any entry in the register;

    • (e) authorizing the correction by the registrar, in such circumstances as may be prescribed by the regulations, of errors in the register and otherwise authorizing rectification of the register;

    • (f) providing for the payment of losses out of the Investors’ Indemnity Account;

    • (g) deeming a specified transaction or a transaction of a specified class, including the issuance of securities, to be a transaction to borrow money for the purposes of subsection 43(1); and

    • (h) notwithstanding any right provided by or under any other Act of Parliament to borrow money without the Minister’s authorization, requiring the Minister’s authorization in respect of a specified transaction to borrow money or a transaction of a specified class to borrow money.

  • Marginal note:Form of register

    (2) The register maintained pursuant to subsection (1) may be in a bound or loose-leaf form or in a photographic film form or may be maintained by any system of mechanical or electronic data processing or any other information storage device that is capable of reproducing any required information in intelligible written form within a reasonable time.

  • Marginal note:Canada Evidence Act

    (3) The register maintained pursuant to subsection (1) is deemed to be a record for the purposes of the Canada Evidence Act and every employee of the Bank of Canada who supervises the inscription or registration of securities in the register is deemed to be a manager of the Bank of Canada for the purposes of that Act.

  • Marginal note:Minister’s authorization

    (4) If a regulation is made under paragraph (1)(g) or (h), the Minister may authorize, subject to any terms and conditions that the Minister considers appropriate,

    • (a) the specified transaction;

    • (b) a particular transaction named by the Minister within the specified class;

    • (c) transactions of a particular subclass described by the Minister within the specified class; or

    • (d) transactions of the specified class.

  • R.S., 1985, c. F-11, s. 60
  • 1995, c. 17, s. 60
  • 2001, c. 11, s. 5
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