Financial Administration Act

CHAPTER F-11

An Act to provide for the financial administration of the Government of Canada, the establishment and maintenance of the accounts of Canada and the control of Crown corporations

SHORT TITLE

1. This Act may be cited as the Financial Administration Act.

R.S., c. F-10, s. 1.

INTERPRETATION

2. In this Act,

"appropriate Minister" means,

(a) with respect to a department named in Schedule I, the Minister presiding over the department,

(a.1) with respect to a division or branch of the public service of Canada set out in column I of Schedule I.1, the Minister set out in column II of that Schedule,

(b) with respect to a commission under the Inquiries Act, the Minister designated by order of the Governor in Council as the appropriate Minister,

(c) with respect to the Senate, the Speaker, with respect to the House of Commons, the Board of Internal Economy, and with respect to the Library of Parliament, the Speakers of the Senate and the House of Commons,

(c.1) with respect to a departmental corporation, the Minister designated by order of the Governor in Council as the appropriate Minister, and

(d) with respect to a Crown corporation, the appropriate Minister as defined in subsection 83(1);

"appropriation" means any authority of Parliament to pay money out of the Consolidated Revenue Fund;

"Auditor General of Canada" means the officer appointed pursuant to subsection 3(1) of the Auditor General Act;

"authorized agent" means any person authorized by the Minister to accept subscriptions for or make sales of securities;

"Consolidated Revenue Fund" means the aggregate of all public moneys that are on deposit at the credit of the Receiver General;

"Crown corporation" has the meaning assigned by subsection 83(1);

"department" means

(a) any of the departments named in Schedule I,

(a.1) any of the divisions or branches of the public service of Canada set out in column I of Schedule I.1,

(b) a commission under the Inquiries Act that is designated by order of the Governor in Council as a department for the purposes of this Act,

(c) the staffs of the Senate, the House of Commons and the Library of Parliament, and

(d) any departmental corporation;

"departmental corporation" means a corporation named in Schedule II;

"fiscal agent" means a fiscal agent appointed under Part IV and includes the Bank of Canada;

"fiscal year" means the period beginning on April 1 in one year and ending on March 31 in the next year;

"Minister" means the Minister of Finance;

"money" includes negotiable instruments;

"negotiable instrument" includes any cheque, draft, traveller's cheque, bill of exchange, postal note, money order, postal remittance and any other similar instrument;

"non-certificated security" includes a security for which no certificate is issued and a certificated security held within a security clearing and settlement system in the custody of a custodian or nominee;

"parent Crown corporation" has the meaning assigned by subsection 83(1);

"public money" means all money belonging to Canada received or collected by the Receiver General or any other public officer in his official capacity or any person authorized to receive or collect such money, and includes

(a) duties and revenues of Canada,

(b) money borrowed by Canada or received through the issue or sale of securities,

(c) money received or collected for or on behalf of Canada, and

(d) all money that is paid to or received or collected by a public officer under or pursuant to any Act, trust, treaty, undertaking or contract, and is to be disbursed for a purpose specified in or pursuant to that Act, trust, treaty, undertaking or contract;

"public officer" includes a minister of the Crown and any person employed in the public service of Canada;

"public property" means all property, other than money, belonging to Her Majesty in right of Canada;

"registrar" means a registrar appointed under Part IV and includes the Bank of Canada;

"securities" means securities of Canada in certificated form or non-certificated securities of Canada, and includes bonds, notes, deposit certificates, non-interest bearing certificates, debentures, treasury bills, treasury notes and any other security representing part of the public debt of Canada;

"security certificate" means a tangible certificate issued by or on behalf of Her Majesty representing part of the public debt of Canada;

"treasury bill" means a bill in certificated form, or a non-certificated security, issued by or on behalf of Her Majesty for the payment of a principal sum specified in the bill to a named recipient or to a bearer at a date not later than twelve months after the date of issue of the bill;

"treasury note" means a note in certificated form, or a non-certificated security, issued by or on behalf of Her Majesty for the payment of a principal sum specified in the note to a named recipient or to a bearer at a date not later than twelve months after the date of issue of the note.

R.S., 1985, c. F-11, s. 2; R.S., 1985, c. 1 (4th Supp.), s. 25; 1991, c. 24, s. 50(F); 1992, c. 1, ss. 69, 143(E); 1995, c. 17, s. 57; 1999, c. 31, s. 98(F).

ALTERATION OF SCHEDULES

3. (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 public service of Canada 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.

(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 public service of Canada in column I thereof and by substituting therefor another reference in column II thereof opposite that name.

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

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

(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.

(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.

(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).

(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.

(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.

R.S., 1985, c. F-11, s. 3; 1991, c. 24, s. 1; 1992, c. 1, s. 70; 1999, c. 31, s. 99.

4. (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.

(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.

(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.

(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 I
ORGANIZATION

Treasury Board

5. (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.

(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.

(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.

(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.

6. (1) The President of the Treasury Board holds office during pleasure, shall preside over meetings of the Board and shall, in the intervals between meetings of the Board, exercise or perform such of the powers, duties or functions of the Board as the Board may, with the approval of the Governor in Council, determine.

(2) The Governor in Council may appoint an officer called the Secretary of the Treasury Board to hold office during pleasure and to perform such duties and functions as may be assigned to him by the Treasury Board, and the Secretary of the Treasury Board shall rank as and have all the powers of a deputy head of a department.

(3) The Governor in Council may appoint an officer called the Comptroller General of Canada to hold office during pleasure and to perform such duties and functions as may be assigned to him by the Treasury Board, and the Comptroller General of Canada shall rank as and have all the powers of a deputy head of a department.

(4) Such other officers and employees as are necessary for the proper conduct of the business of the Treasury Board shall be appointed in the manner authorized by law.

R.S., 1985, c. F-11, s. 6; 1991, c. 24, s. 50(F).

7. (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 public service of Canada;

(b) the organization of the public service of Canada 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) personnel management in the public service of Canada, including the determination of the terms and conditions of employment of persons employed therein;

(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

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

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

(a) the Public Service Superannuation Act;

(b) the Canadian Forces Superannuation Act;

(c) the Defence Services Pension Continuation Act, chapter D-3 of the Revised Statutes of Canada, 1970;

(d) Parts I and II of the Royal Canadian Mounted Police Superannuation Act;

(e) the Royal Canadian Mounted Police Pension Continuation Act, chapter R-10 of the Revised Statutes of Canada, 1970; and

(f) such of the provisions of any other Act respecting any matter in relation to which the Treasury Board may act for the Queen's Privy Council for Canada pursuant to subsection (1) as may be specified by the Governor in Council.

(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).

7.1 (1) The Treasury Board may establish or enter into a contract to acquire group insurance or benefit programs for the public service of Canada or any part thereof, may set any terms and conditions in respect of those programs, including those relating to premiums, contributions, benefits, management and control and expenditures to be made from those contributions and premiums and may audit and make contributions and pay premiums in respect of those programs.

(2) This Act, other than this section, does not apply to any contributions made or premiums paid by the Treasury Board or the members in respect of any program established pursuant to subsection (1) or any benefits received by the members of such a program.

1996, c. 18, s. 3.

8. 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.

9. (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.

(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.

(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.

(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.

10. Subject to any other Act of Parliament, the Treasury Board may make regulations

(a) for the purpose of ensuring effective coordination of administrative functions and services among and within departments;

(b) for the establishment of general administrative standards of performance and respecting the assessment of the performance of portions of the public service of Canada in the light of such standards;

(c) respecting the collection, management and administration of, and the accounting for, public money;

(d) respecting the keeping of records of public property;

(d.1) respecting the severance pay or other amounts payable to an employee or former employee whose employment is terminated pursuant to paragraph 11(2)(g.1), and any terms and conditions subject to which and the manner in which those amounts are to be paid;

(e) for the purposes of any provision of this Act that contemplates regulations of the Treasury Board; and

(f) for any other purpose necessary for the efficient administration of the public service of Canada.

R.S., 1985, c. F-11, s. 10; 1991, c. 24, s. 50(F); 1996, c. 18, s. 4.

11. (1) In this section and sections 12 and 13,

"enactment" includes any regulation, order or other instrument made under the authority of an Act;

"public service" has the meaning given the expression "Public Service" in the Public Service Staff Relations Act and includes any portion of the public service of Canada designated by the Governor in Council as part of the public service for the purposes of this section and sections 12 and 13;

"separate employer" means a separate employer within the meaning of the Public Service Staff Relations Act;

"Work Force Adjustment Directive" means the Work Force Adjustment Directive issued on the recommendation of the National Joint Council of the Public Service and with the approval of the Treasury Board, that came into force on December 15, 1991, as amended from time to time on the recommendation of the National Joint Council of the Public Service and with the approval of the Treasury Board or in accordance with this section or any other Act.

(1.1) Part II of the Canada Labour Code applies to and in respect of the public service and persons employed in the public service in the same manner and to the same extent as if the public service were a federal work, undertaking or business referred to in that Part except that, for the purpose of that application,

(a) any reference in that Part to

(i) "arbitration" shall be read as a reference to adjudication within the meaning of the Public Service Staff Relations Act,

(ii) the "Board" shall be read as a reference to the Public Service Staff Relations Board,

(iii) a "collective agreement" shall be read as a reference to a collective agreement within the meaning of the Public Service Staff Relations Act, and

(iv) a "trade union" shall be read as a reference to an employee organization within the meaning of the Public Service Staff Relations Act;

(b) section 156 of that Part does not apply in respect of the Public Service Staff Relations Board in exercising or carrying out its powers, duties and functions in relation to that Part; and

(c) the provisions of the Public Service Staff Relations Act apply, with such modifications as the circumstances require, in respect of matters brought before the Public Service Staff Relations Board pursuant to that Part to the extent necessary to give effect to that purpose.

(2) Subject to the provisions of any enactment respecting the powers and functions of a separate employer but notwithstanding any other provision contained in any enactment, the Treasury Board may, in the exercise of its responsibilities in relation to personnel management including its responsibilities in relation to employer and employee relations in the public service, and without limiting the generality of sections 7 to 10,

(a) determine the requirements of the public service with respect to human resources and provide for the allocation and effective utilization of human resources within the public service;

(b) determine requirements for the training and development of personnel in the public service and fix the terms on which such training and development may be carried out;

(c) provide for the classification of positions and employees in the public service;

(d) determine and regulate the pay to which persons employed in the public service are entitled for services rendered, the hours of work and leave of those persons and any matters related thereto;

(e) 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 those duties and for inventions or practical suggestions for improvements;

(f) establish standards of discipline in the public service and prescribe the financial and other penalties, including termination of employment and suspension, that may be applied for breaches of discipline or misconduct, and the circumstances and manner in which and the authority by which or whom those penalties may be applied or may be varied or rescinded in whole or in part;

(g) provide for the termination of employment, or the demotion to a position at a lower maximum rate of pay, for reasons other than breaches of discipline or misconduct, of persons employed in the public service, and establishing the circumstances and manner in which and the authority by which or by whom those measures may be taken or may be varied or rescinded in whole or in part;

(g.1) provide for the termination of employment of an employee to whom an offer of employment is made as the result of the transfer of any work, undertaking or business from a portion of the public service specified in Part I of Schedule I to the Public Service Staff Relations Act to any body or corporation that is a separate employer or that is outside the public service, and establish the terms and conditions under which, the circumstances and manner in which and the authority by which or by whom that termination may be made or may be varied or rescinded in whole or in part;

(h) determine and regulate the payments that may be made to persons employed in the public service by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their employment;

(h.1) subject to the Employment Equity Act, establish policies and programs with respect to the implementation of employment equity in the public service; and

(i) provide for such other matters, including terms and conditions of employment not otherwise specifically provided for in this subsection, as the Treasury Board considers necessary for effective personnel management in the public service.

(2.01) An employee who does not accept an offer of employment made in the circumstances referred to in paragraph (2)(g.1) that is a reasonable job offer within the meaning of the Work Force Adjustment Directive or who accepts an offer of employment that is not a reasonable job offer within that meaning is entitled to be appointed to a position and to enter any competition in respect of a position as if the employee had been laid off in accordance with section 29 of the Public Service Employment Act.

(2.02) Every employee who did not accept an offer of employment from the body or corporation referred to in paragraph (2)(g.1) before the date on which the offer is to be accepted and who establishes to the satisfaction of the Treasury Board that the employee was unaware of the offer or incapable of indicating an acceptance of the offer is deemed to have accepted the offer before that date and is deemed to be an employee referred to in subsection (2.01).

(2.1) to (2.5) [Repealed, 1995, c. 44, s. 51]

(3) The powers and functions of the Treasury Board in relation to any of the matters specified in subsection (2) do not extend to any such matter that is expressly determined, fixed, provided for, regulated or established by any Act otherwise than by the conferring of powers or functions in relation thereto on any authority or person specified in that Act, and do not include or extend to any power or function specifically conferred on, or any process of personnel selection required or authorized to be employed by, the Public Service Commission by or under the authority of the Public Service Employment Act.

(4) Disciplinary action against, and termination of employment or demotion of, any person pursuant to paragraph (2)(f) or (g) shall be for cause.

(5) Subsection (4) does not apply in respect of an employee of a separate employer unless the Governor in Council makes an order that the subsection applies in respect of that separate employer.

(6) The Treasury Board and bargaining agents may, by agreement in writing, amend the Work Force Adjustment Directive in respect of any subject matter, but only as it relates to their collective agreements or arbitral awards and only as it relates to the circumstances arising from a transfer referred to in paragraph (2)(g.1).

(7) The Governor in Council, on the recommendation of the Treasury Board, may amend the Work Force Adjustment Directive in respect of any subject matter, but only as it relates to the circumstances arising from a transfer referred to in paragraph (2)(g.1).

(8) Notwithstanding any indication to the contrary that may be contained in any other Act or a collective agreement or arbitral award or any other terms and conditions of employment of employees of a body or corporation, the Work Force Adjustment Directive ceases to apply to an employee of a body or corporation immediately before the date on which the employment of the employee is terminated pursuant to paragraph (2)(g.1).

(9) Notwithstanding any other Act, where agreements of the National Joint Council of the Public Service are incorporated by reference in a collective agreement or arbitral award or would otherwise be part of the terms and conditions of employment of employees of a body or corporation, those agreements of the National Joint Council of the Public Service cease to apply to an employee of a body or corporation immediately before the date on which the employment of the employee is terminated pursuant to paragraph (2)(g.1).

(10) Notwithstanding subsections (8) and (9), 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 of the Public Service or the Work Force Adjustment Directive that have accrued to employees of a body or corporation immediately before the date on which the work, undertaking or business is transferred to the body or corporation as described in paragraph (2)(g.1) as a result of the termination of employment of those employees provided for under that paragraph.

R.S., 1985, c. F-11, s. 11; R.S., 1985, c. 9 (1st Supp.), s. 22; 1991, c. 24, s. 50(F); 1992, c. 54, s. 81; 1995, c. 44, s. 51; 1996, c. 18, s. 5; 1999, c. 31, s. 101(F).

12. (1) The Treasury Board may authorize the deputy head of a department or the chief executive officer of any portion of the public service to exercise and perform, in such manner and subject to such terms and conditions as the Treasury Board directs, any of the powers and functions of the Treasury Board in relation to personnel management in the public service and may, from time to time as it sees fit, revise or rescind and reinstate the authority so granted.

(2) The Governor in Council may, in respect of any portion of the public service that is a separate employer, authorize the responsible minister of the Crown, his deputy or the chief executive officer thereof to exercise and perform, in such manner and subject to such terms and conditions as the Governor in Council directs, any of the powers and functions of the Governor in Council or the Treasury Board in relation to personnel management in that portion of the public service and may, from time to time as he sees fit, revise or rescind and reinstate the authority so granted.

(3) Any person authorized pursuant to subsection (1) or (2) to exercise and perform any of the powers and functions of the Governor in Council or the Treasury Board may, subject to and in accordance with the authorization, authorize one or more persons under their jurisdiction or any other person to exercise or perform any such power or function.

R.S., 1985, c. F-11, s. 12; 1995, c. 17, s. 7; 1996, c. 18, s. 6.

13. (1) Subject to subsection (2), nothing in this Act or any other Act of Parliament shall be construed so as to limit or affect the right or power of the Governor in Council to suspend or dismiss any person employed in the public service on the basis of a security assessment.

(2) Where 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 shall not be dismissed pursuant to subsection (1) until after the completion of the investigation in relation to that complaint.

(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).

Department of Finance

14. 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.

15. 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.

16. 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 II
PUBLIC MONEY

17. (1) Subject to this Part, all public money shall be deposited to the credit of the Receiver General.

(2) The Receiver General may establish, in the name of the Receiver General, accounts for the deposit of public money with

(a) any member of the Canadian Payments Association;

(b) any local cooperative credit society that is a member of a central cooperative credit society having membership in the Canadian Payments Association;

(c) any fiscal agent that the Minister may designate; and

(d) any financial institution outside Canada that the Minister may designate.

(3) Every person who collects or receives public money shall keep a record of receipts and deposits thereof in such form and manner as the Treasury Board may prescribe by regulation.

(4) Subject to any regulations made under subsection (5), every person employed in the collection or management of, or charged with the receipt of, public money and every other person who collects or receives public money shall pay that money to the credit of the Receiver General.

(5) The Treasury Board may make regulations

(a) prescribing the manner in which public money shall be paid to the credit of the Receiver General;

(b) authorizing any person mentioned in any of paragraphs (2)(a) to (d) who has given credit to the Receiver General for an instruction for payment that is deposited in accordance with regulations made under paragraph (a) to charge the amount of the instruction back to the Receiver General in the manner specified by the regulations, where the instruction is dishonoured after having been credited to the Receiver General; and

(c) authorizing persons who collect or receive public money to withhold their fees or commissions from payments of that money to the credit of the Receiver General.

R.S., 1985, c. F-11, s. 17; 1991, c. 24, s. 4.

17.1 (1) In this section, "collection agency" means a person, other than an employee of a department, who

(a) carries on the business of collecting debts for other persons; and

(b) is registered or licensed as a member of the legal profession or as a collector of debts in the province in which the person carries on the business of collecting debts.

(2) Subject to the direction of the Treasury Board, fees or commissions may be paid out of the Consolidated Revenue Fund to a collection agency for the collection of any amount that was owed to

(a) Her Majesty in right of Canada; or

(b) Her Majesty in right of a province on account of taxes payable to that province and that, pursuant to an agreement, Canada is authorized to collect on behalf of the province.

1991, c. 24, s. 5.

18. [Repealed, 1999, c. 26, s. 20]

19. (1) The Governor in Council may, on the recommendation of the Treasury Board,

(a) by regulation prescribe the fees or charges to be paid for a service or the use of a facility provided by or on behalf of Her Majesty in right of Canada by the users or classes of users of the service or facility; or

(b) authorize the appropriate Minister to prescribe by order those fees or charges, subject to such terms and conditions as may be specified by the Governor in Council.

(2) Fees and charges for a service or the use of a facility provided by or on behalf of Her Majesty in right of Canada that are prescribed under subsection (1) or the amount of which is adjusted under section 19.2 may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility to the users or class of users.

(3) For greater certainty, "users" includes

(a) Her Majesty in right of Canada, other than a department; and

(b) Her Majesty in right of a province.

R.S., 1985, c. F-11, s. 19; 1991, c. 24, s. 6.

19.1 The Governor in Council may, on the recommendation of the Treasury Board,

(a) by regulation prescribe the fees or charges to be paid for a right or privilege conferred by or on behalf of Her Majesty in right of Canada, by means of a licence, permit or other authorization, by the persons or classes of persons on whom the right or privilege is conferred; or

(b) authorize the appropriate Minister to prescribe by order those fees or charges, subject to such terms and conditions as may be specified by the Governor in Council.

1991, c. 24, s. 6.

19.2 (1) A regulation or order under section 19 or 19.1 may prescribe rules for the adjustment, by such amounts or ratios as are referred to in the regulation or order, of the amount of the fee or charge, for such period as is specified in the regulation or order, but no such rules may provide for the consideration of any factors of adjustment that are not specified in the rules.

(2) Notwithstanding that a regulation or order provides for the adjustment of the amount of a fee or charge for a period, its amount for the period is equal to its amount for the immediately preceding period unless the appropriate Minister, before the beginning of the period, publishes a notice in the Canada Gazette specifying the adjusted amount and the manner in which it was determined.

1991, c. 24, s. 6.

19.3 Regulations and orders under sections 19 and 19.1 are subject to the provisions of any Act of Parliament relating to the service or the use of the facility, or to the right or privilege, but, for greater certainty, may be made even though an Act of Parliament requires the provision of the service or facility or the conferral of the right or privilege.

1991, c. 24, s. 6.

20. (1) Where money is received by a public officer from any person as a deposit to ensure the doing of any act or thing, the public officer shall hold or dispose of the money in accordance with regulations of the Treasury Board.

(2) Where money is paid by any person to a public officer for any purpose that is not fulfilled, the money may, in accordance with regulations of the Treasury Board, be returned or repaid to that person, less such sum as in the opinion of the Board is properly attributable to any service rendered.

(3) Money paid to the credit of the Receiver General that is not public money may be returned or repaid in accordance with regulations of the Treasury Board.

R.S., c. F-10, s. 14.

21. (1) Money referred to in paragraph (d) of the definition "public money" in section 2 that is received by or on behalf of Her Majesty for a special purpose and paid into the Consolidated Revenue Fund may be paid out of the Consolidated Revenue Fund for that purpose, subject to any statute applicable thereto.

(2) Subject to any other Act of Parliament, interest may be allowed and paid from the Consolidated Revenue Fund in respect of money to which subsection (1) applies, in accordance with and at rates fixed by the Minister with the approval of the Governor in Council.

R.S., c. F-10, s. 15.

22. Where the Senate or House of Commons, by resolution or pursuant to any rule or standing order, authorizes a refund of public money that was received in respect of any proceedings before Parliament, the Receiver General may pay the refund out of the Consolidated Revenue Fund.

R.S., c. F-10, s. 16.

23. (1) In this section,

"other debt" means any amount owing to Her Majesty, other than a tax or penalty or an amount in respect of which subsection 24.1(2) applies;

"penalty" includes any forfeiture or pecuniary penalty imposed or authorized to be imposed by any Act of Parliament for any contravention of the laws relating to the collection of the revenue, or to the management of any public work producing tolls or revenue, notwithstanding that part of such forfeiture or penalty is payable to the informer or prosecutor, or to any other person;

"tax" includes any tax, impost, duty or toll payable to Her Majesty, imposed or authorized to be imposed by any Act of Parliament.

(2) The Governor in Council may, on the recommendation of the appropriate Minister, remit any tax or penalty, including any interest paid or payable thereon, where the Governor in Council considers that the collection of the tax or the enforcement of the penalty is unreasonable or unjust or that it is otherwise in the public interest to remit the tax or penalty.

(2.1) The Governor in Council may, on the recommendation of the Treasury Board, remit any other debt, including any interest paid or payable thereon, where the Governor in Council considers that the collection of the other debt is unreasonable or unjust or that it is otherwise in the public interest to remit the other debt.

(3) A remission pursuant to this section may be total or partial or conditional or unconditional and may be granted

(a) before, after or pending any suit or proceeding for the recovery of the tax, penalty or other debt in respect of which the remission is granted;

(b) before or after any payment of the tax, penalty or other debt has been made or enforced by process or execution; and

(c) with respect to a tax or other debt, in any particular case or class of cases and before the liability therefor arises.

(4) A remission pursuant to this section may be granted

(a) by forbearing to institute a suit or proceeding for the recovery of the tax, penalty or other debt in respect of which the remission is granted;

(b) by delaying, staying or discontinuing any suit or proceeding already instituted;

(c) by forbearing to enforce, staying or abandoning any execution or process on any judgment;

(d) by the entry of satisfaction on any judgment; or

(e) by repaying any sum of money paid to or recovered by the Receiver General for the tax, penalty or other debt.

(5) Where a remission is granted pursuant to this section subject to a condition and the condition is not fulfilled, the tax, penalty or other debt may be enforced, or all proceedings may be had, as if there had been no remission.

(6) A conditional remission, on fulfilment of the condition, and an unconditional remission have effect as if the remission were made after the tax, penalty or other debt in respect of which it was granted had been sued for and recovered.

(7) No tax paid to Her Majesty on any goods shall be remitted by reason only that, after the payment of the tax and after release from the control of customs or excise officers, the goods were lost or destroyed.

(8) Where a penalty imposed by any law relating to the revenue has been wholly and unconditionally remitted pursuant to this section, the remission has the effect of a pardon for the offence for which the penalty was incurred, and thereafter the offence has no legal effect prejudicial to the person to whom the remission was granted.

R.S., 1985, c. F-11, s. 23; 1991, c. 24, ss. 7, 50(F); 1999, c. 31, s. 102(F).

24. (1) Remissions granted under this Act or any other Act of Parliament may be paid out of the Consolidated Revenue Fund.

(2) Remissions granted under this or any other Act of Parliament during a fiscal year shall be reported in the Public Accounts for that year in such form as the Treasury Board may direct.

R.S., 1985, c. F-11, s. 24; 1991, c. 24, s. 8.

24.1 (1) Subject to subsection (2), no debt or obligation

(a) that is included in the statement of assets and liabilities of Canada referred to in subparagraph 64(2)(a)(iii), the forgiveness of which would result in a charge to an appropriation, or

(b) that is owing by a Crown corporation to Her Majesty

shall be forgiven in whole or in part otherwise than by or under an Act of Parliament, including an appropriation Act.

(2) No debt or obligation referred to in paragraph (1)(a) shall be forgiven unless the amount to be forgiven is included as a budgetary expenditure in an appropriation Act or any other Act of Parliament.

(3) Where a debt or obligation is forgiven pursuant to subsection (1),

(a) the forgiveness may be conditional or unconditional;

(b) if the forgiveness is conditional and the condition is not fulfilled, the debt or obligation may be enforced, or all proceedings may be had, as if there had been no forgiveness; and

(c) a conditional forgiveness, on fulfilment of the condition, and an unconditional forgiveness release the person whose debt or obligation was forgiven from all further liability for the debt or obligation.

1991, c. 24, s. 9; 1999, c. 31, s. 103(F).

24.2 Forgiveness of a debt or obligation under this or any other Act of Parliament during a fiscal year shall be reported in the Public Accounts for that year in such form as the Treasury Board may direct.

1991, c. 24, s. 9.

25. (1) Subject to subsection (2), the Treasury Board may make regulations respecting the writing off, in whole or in part, of any debt or obligation due to Her Majesty or any claim by Her Majesty, and without restricting the generality of the foregoing, may make regulations prescribing

(a) the criteria for determining whether any debt, obligation or claim may be written off;

(b) the requirements to be met and the procedures to be followed before any debt, obligation or claim may be written off; and

(c) the information and records to be kept in respect of debts, obligations and claims that are written off.

(2) No debt, obligation or claim that is included in the statement of assets and liabilities of Canada referred to in subparagraph 64(2)(a)(iii), the writing off of which would result in a charge to an appropriation, shall be written off unless the amount to be written off is included as a budgetary expenditure in an appropriation Act or any other Act of Parliament.

(3) The writing off of any debt, obligation or claim pursuant to this section does not affect any right of Her Majesty to collect or recover the debt, obligation or claim.

(4) Any debt, obligation or claim written off under this or any other Act of Parliament during a fiscal year shall be reported in the Public Accounts for that year in such form as the Treasury Board may direct.

(5) [Repealed, 1991, c. 24, s. 10]

R.S., 1985, c. F-11, s. 25; 1991, c. 24, ss. 10, 50(F); 1999, c. 31, s. 104(F).

PART III
PUBLIC DISBURSEMENTS

26. Subject to the Constitution Acts, 1867 to 1982, no payments shall be made out of the Consolidated Revenue Fund without the authority of Parliament.

R.S., c. F-10, s. 19.

27. All estimates of expenditures submitted to Parliament shall be in respect of payments during the fiscal year to which the estimates relate and expenditures that will be incurred during that fiscal year.

R.S., 1985, c. F-11, s. 27; 1991, c. 24, s. 11.

28. Where an appropriation is made for any purpose in any Act of Parliament for granting to Her Majesty any sum of money to defray expenses of the public service of Canada for a fiscal year, no payment shall be made pursuant to that appropriation out of the Consolidated Revenue Fund unless a warrant, prepared on the order of the Governor in Council, has been signed by the Governor General authorizing expenditures to be charged against the appropriation, and no payments in excess of the amount of expenditures so authorized shall be made.

R.S., 1985, c. F-11, s. 28; 1999, c. 31, s. 105(F).

29. (1) Where a guarantee has been given under the authority of Parliament by or on behalf of Her Majesty for the payment of any debt or obligation, any amount required to be paid by the terms of the guarantee may, subject to the Act authorizing the guarantee, be paid out of the Consolidated Revenue Fund.

(2) An authority referred to in subsection (1) may be contained in an appropriation Act.

R.S., c. F-10, s. 22; 1980-81-82-83, c. 170, s. 6.

29.1 (1) A departmental corporation may expend during a fiscal year, for the purposes of the departmental corporation, any revenues that it receives in that fiscal year through the conduct of its operations.

(2) A department may, in respect of its approved programs or authorized expenditures, be authorized by an appropriation Act

(a) for the purposes that are specified in that Act, to expend revenues that it receives in a fiscal year through the conduct of its operations to offset expenditures that it incurs in that fiscal year; and

(b) for such purposes and with such drawdown limit as are specified in that Act, to establish a revolving fund.

(3) The purposes and drawdown limit of a revolving fund referred to in subsection (2) may be amended by means of an appropriation Act.

(4) The operation of a revolving fund and the spending of revenues pursuant to this or any other Act of Parliament is, in addition to any limitation imposed by statute, subject to such terms and conditions as the Treasury Board may direct.

1991, c. 24, s. 12.

30. (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.

(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.

(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.

(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.

(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 public service of Canada for a fiscal year.

(5) [Repealed, 1997, c. 5, s. 1]

R.S., 1985, c. F-11, s. 30; 1997, c. 5, s. 1.

31. (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.

(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.

(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).

32. (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.

(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).

33. (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.

(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.

(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.

(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.

34. (1) No payment shall be made in respect of any part of the public service of Canada 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.

(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.

35. (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.

(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.

(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.

(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).

36. (1) Where a payment out of the Consolidated Revenue Fund is made in respect of a claim for settlement, the Receiver General shall examine the claim and make a reconciliation between the claim and

(a) the supporting evidence; and

(b) the instruction for payment to which the claim relates.

(2) The Treasury Board may, on the recommendation of the Receiver General and with the approval of the Auditor General of Canada, make regulations governing

(a) the destruction of records of instructions for payment, including payment instruments, after the amounts specified in the instructions for payment have been paid;

(b) the destruction of claims for settlement; and

(c) the destruction of records of instructions for settlement, including instruments for settlement within or between departments, after settlement has been effected.

R.S., 1985, c. F-11, s. 36; 1991, c. 24, s. 14; 1999, c. 31, s. 109(F).

37. The balance of an appropriation that remains unexpended at the end of a fiscal year or such longer period as may be specified in an appropriation Act or any other Act of Parliament, after adjustment for the recording of debts incurred and other amounts due or owing referred to in section 37.1, shall lapse.

R.S., 1985, c. F-11, s. 37; 1991, c. 24, s. 15; 1996, c. 18, s. 7.

37.1 (1) Subject to such directions as the Treasury Board may make, a debt incurred by Her Majesty for work performed, goods received or services rendered before the end of a fiscal year, and any amount due or owing under a contract, contribution or other similar arrangement entered into before the end of the fiscal year that remains unpaid at the end of the fiscal year, shall be recorded as a charge against the appropriation to which it relates.

(2) Subject to subsection (3), in such period as the Treasury Board may specify or, if no such period is specified, at any time, a payment may be made for the purpose of settling any debt or other amount due or owing that has been recorded as a charge against an appropriation pursuant to subsection (1).

(3) The discharge or settlement of a debt or other amount due or owing that has been recorded as a charge against an appropriation pursuant to subsection (1), or any part thereof, and that was in excess of the balance then remaining in the appropriation

(a) constitutes a first charge against the next appropriation in the year of discharge or settlement; and

(b) operates to reduce the available spending authority of that next appropriation by the lesser of

(i) the amount of the discharge or settlement, and

(ii) the amount of the excess.

(4) Where, despite paragraph 33(3)(b), a payment is made that results in an expenditure that is in excess of an appropriation,

(a) the amount by which the expenditure exceeds the balance then remaining in the appropriation constitutes a first charge against the next appropriation of the immediately subsequent fiscal year; and

(b) the available spending authority of that next appropriation is reduced by that amount.

1991, c. 24, s. 15.

38. (1) The Treasury Board may make regulations

(a) authorizing the making of accountable advances chargeable to the appropriation for the service in respect of which the advance is made; and

(b) providing for the repayment of, accounting for and recovery of accountable advances.

(2) Any accountable advance or any portion thereof that is not repaid, accounted for or recovered in accordance with the regulations may be recovered out of any moneys payable by Her Majesty to the person to whom the advance was made or, where the person is deceased, out of any moneys payable by Her Majesty to the estate of that person.

(3) Every accountable advance that is not repaid, accounted for or recovered by the end of the fiscal year in which it was made shall be reported in the Public Accounts for that year.

R.S., c. F-10, s. 31; 1980-81-82-83, c. 170, s. 9.

39. Subject to such directions as the Treasury Board may make, any amount received as

(a) a refund of an expenditure,

(b) a repayment of an advance,

(c) a refund or repayment of an overpayment,

(d) a rebate, including a tax rebate or some other price adjustment on a payment,

(e) a reimbursement pursuant to a cost-sharing arrangement,

(f) a recovery from an indemnification, or

(g) a recovery under a claim for loss of or damage to a Crown asset

shall be credited to the appropriation against which the related expenditure, advance or payment was charged.

R.S., 1985, c. F-11, s. 39; 1991, c. 24, s. 16.

40. It is a term of every contract providing for the payment of any money by Her Majesty that payment under that contract is subject to there being an appropriation for the particular service for the fiscal year in which any commitment under that contract would come in course of payment.

R.S., 1985, c. F-11, s. 40; 1991, c. 24, s. 50(F).

41. (1) The Governor in Council may make regulations with respect to the conditions under which contracts may be entered into and, notwithstanding any other Act of Parliament,

(a) may direct that no contract by the terms of which payments are required in excess of such amount or amounts as the Governor in Council may prescribe shall be entered into or have any force or effect unless entry into the contract has been approved by the Governor in Council or the Treasury Board; and

(b) may make regulations with respect to the security to be given to and in the name of Her Majesty to secure the due performance of contracts.

(2) Subsection (1) does not apply in respect of Crown corporations or the Canada Customs and Revenue Agency.

R.S., 1985, c. F-11, s. 41; 1991, c. 24, s. 50(F); 1999, c. 17, s. 160.

42. [Repealed, 1991, c. 24, s. 17]

PART IV
PUBLIC DEBT

43. (1) Notwithstanding any statement in any other Act of Parliament to the effect that this Act or any portion or provision of it does not apply, no money shall be borrowed by or on behalf of Her Majesty in right of Canada except as provided by or under

(a) this Act;

(b) any other Act of Parliament that expressly authorizes the borrowing of money; or

(c) any other Act of Parliament that provides for the borrowing of money from Her Majesty in right of Canada or of a province.

(2) No securities shall be issued by or on behalf of Her Majesty in right of Canada without the authority of Parliament.

R.S., 1985, c. F-11, s. 43; 1999, c. 26, s. 21(E); 2001, c. 11, s. 4.

44. (1) When by this Act or any other Act of Parliament authority is given to raise money by Her Majesty, the Governor in Council may, subject to the Act authorizing the raising of the money, authorize the Minister to borrow the money by any means that the Minister considers appropriate.

(2) The aggregate principle amount of money borrowed by the Minister under this section in any fiscal year may not exceed the amount that is specified by order of the Governor in Council for that fiscal year.

(3) Subject to any terms and conditions that the Governor in Council may specify, the Minister may enter into any contract or agreement, issue securities and do any other thing relating to the borrowing of money that the Minister considers appropriate.

(4) Subsection (3) applies with respect to anything done in relation to borrowings under this section, as it read immediately before the coming into force of this subsection, as though the borrowing were done under subsection (1).

R.S., 1985, c. F-11, s. 44; 1999, c. 26, s. 22.

45. (1) If the Minister borrows money by way of an auction, the Minister may establish rules governing the conduct of the auction, including rules relating to

(a) the eligibility of persons to participate in the auction;

(b) the provision to the Minister by participants of any information that the Minister considers relevant, including information respecting holdings of securities and transactions in securities;

(c) the form of bids;

(d) the maximum amount that may be bid for by a participant; and

(e) the certification and verification of bids.

(2) Rules governing the conduct of an auction are not statutory instruments as defined in the Statutory Instruments Act.

R.S., 1985, c. F-11, s. 45; 1999, c. 26, s. 22.

45.1 The Governor in Council may authorize the Minister, subject to any terms and conditions that the Governor in Council may specify, to enter into any contract or agreement of a financial nature, including options, derivatives, swaps and forwards, on such terms and conditions as the Minister considers necessary.

1991, c. 24, s. 18; 1999, c. 26, s. 22.

46. The Minister may, on any terms and conditions the Minister considers appropriate, do any of the following if the Minister considers it appropriate for the sound and efficient management of the assets and liabilities of Canada, including contingent liabilities:

(a) purchase or acquire securities of Canada or any other securities, including purchasing or acquiring them on their issuance, and hold, lend or sell securities of Canada or any other securities; and

(b) create a charge on, or right or interest in, securities of Canada or any other securities held by the Minister.

R.S., 1985, c. F-11, s. 46; 1999, c. 26, s. 22.

46.1 In any fiscal year, the Governor in Council may authorize the Minister to borrow money

(a) to pay any amount that is required to be paid in that fiscal year in respect of any money borrowed under the authority of this Act, other than section 47, or any other Act of Parliament; or

(b) to extinguish or reduce any liability of Canada that the Minister is of the opinion should be extinguished or reduced.

1999, c. 26, s. 22.

47. Where it appears to the Governor in Council that the Consolidated Revenue Fund will be insufficient to meet the disbursements lawfully authorized to be made from it, the Governor in Council may authorize the Minister to borrow, for a period not exceeding six months, an amount not exceeding such amount as the Governor in Council deems necessary to ensure that the Consolidated Revenue Fund will be sufficient to meet those disbursements.

R.S., c. F-10, s. 39; 1980-81-82-83, c. 170, s. 12.

48. (1) Any amounts raised by way of loan under the authority of this Act or any other Act of Parliament in the currency or currencies of any country or countries may be repaid in the currency or currencies of any country or countries and securities issued under the authority of this Act or any other Act of Parliament in the currency or currencies of any country or countries may be made payable in the currency or currencies of any country or countries.

(2) Where an Act of Parliament, whether enacted before or after the coming into force of this subsection, authorizes

(a) the raising of a specific or maximum number of dollars by way of loan or the issue of securities, or

(b) the guarantee of the payment of a liability or obligation for a specific or maximum number of dollars,

the authorized transaction may be undertaken, in whole or in part, in the currency of a country other than Canada, and for that purpose the specific or maximum number of dollars shall be construed as an equivalent amount in the currency of the other country, calculated at the rate of exchange between the Canadian dollar and the currency concerned as quoted by the Bank of Canada at noon on the day immediately preceding the day on which the money is borrowed, the proceeds from the issue of securities are received or the guarantee is given, as the case may be.

(3) For the purpose of any limitation in respect of an amount

(a) that may be borrowed,

(b) for which securities may be issued, or

(c) the payment of which may be guaranteed under this Act or any other Act of Parliament,

the principal amount borrowed or authorized to be borrowed, the principal amount of any securities previously issued or authorized to be issued or the amount guaranteed or authorized to be guaranteed, as the case may be, payable in a currency of any country other than Canada, shall be deemed to be the Canadian dollar equivalent of the value thereof, as calculated under subsection (2), regardless of any premium or discount at which the securities were sold and regardless of any premium that may be payable on early redemption.

R.S., 1985, c. F-11, s. 48; 1991, c. 24, ss. 19, 50(F); 1999, c. 31, s. 110(F).

49. (1) After the Public Accounts are tabled in the House of Commons, the Minister shall cause to be tabled in each House, within the first 45 days on which that House is sitting after the Public Accounts are tabled in the House of Commons, a report on the activities of the Minister in relation to the management of the public debt in the fiscal year to which the Public Accounts relate.

(2) In every fiscal year, the Minister shall cause to be tabled in each House of Parliament a report on the Minister's plans in relation to the management of the public debt in the next fiscal year.

R.S., 1985, c. F-11, s. 49; 1999, c. 26, s. 23.

50. (1) Security certificates evidencing securities issued under the authority of this Part shall be signed by the Deputy Minister of Finance or an officer of the Department of Finance designated by the Governor in Council to sign on behalf of the Deputy Minister of Finance, and shall be countersigned by such officer of the Department of Finance or other person as the Governor in Council designates for that purpose.

(2) The Minister may direct that there be substituted for signatures in the proper handwriting of one or both of the persons authorized to sign or countersign security certificates under subsection (1), facsimiles of those signatures.

R.S., 1985, c. F-11, s. 50; 1995, c. 17, s. 59.

51. (1) The Governor in Council may

(a) appoint one or more registrars to perform such services in respect of the registration of loans as the Governor in Council may prescribe;

(b) appoint one or more fiscal agents to perform such services in respect of loans as the Governor in Council may prescribe; and

(c) fix the remuneration or compensation of any registrar or fiscal agent appointed under this section.

(2) The Governor in Council may authorize the Minister to do anything referred to in paragraphs (1)(a) to (c) for any period that the Governor in Council considers appropriate.

R.S., 1985, c. F-11, s. 51; 1999, c. 26, s. 23.1.

52. (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.

(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.

53. 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.

54. The payment of all money borrowed and interest thereon and of 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., c. F-10, s. 45.

55. 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; and

(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.

R.S., 1985, c. F-11, s. 55; 1991, c. 24, s. 50(F); 1999, c. 26, s. 23.2.

56. (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.

(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).

57. 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.

58. 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.

59. 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.

60. (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.

(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.

(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.

(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.

60.1 The Minister may delegate to any officer of the Department of Finance any of the powers, duties and functions of the Minister under this Part, except the power to delegate under this section.

1999, c. 26, s. 24.

PART V
PUBLIC PROPERTY

61. (1) Subject to any other Act of Parliament, no transfer, lease or loan of public property shall be made except under the Federal Real Property and Federal Immovables Act in the case of federal real property or a federal immovable as defined in that Act, or under subsection (2) in the case of other public property.

(2) The Governor in Council, on the recommendation of the Treasury Board, may authorize or make regulations authorizing the transfer, lease or loan of public property other than federal real property and federal immovables as defined in the Federal Real Property and Federal Immovables Act.

R.S., 1985, c. F-11, s. 61; 1991, c. 50, s. 27; 2001, c. 4, s. 160.

62. The deputy head of every department shall maintain adequate records in relation to public property for which the department is responsible and shall comply with regulations of the Treasury Board governing the custody and control of public property.

R.S., c. F-10, s. 53.

PART VI
PUBLIC ACCOUNTS

63. (1) Subject to regulations of the Treasury Board, the Receiver General shall cause accounts to be kept in such manner as to show

(a) the expenditures made under each appropriation;

(b) the revenues of Canada; and

(c) the other payments into and out of the Consolidated Revenue Fund.

(2) The Receiver General shall cause accounts to be kept to show such of the assets and direct and contingent liabilities of Canada and shall establish such reserves with respect to the assets and liabilities as, in the opinion of the President of the Treasury Board and the Minister, are required to present fairly the financial position of Canada.

(3) The accounts of Canada shall be kept in the currency of Canada.

R.S., 1985, c. F-11, s. 63; 1999, c. 31, s. 111(F).

64. (1) A report, called the Public Accounts, shall be prepared by the Receiver General for each fiscal year and shall be laid before the House of Commons by the President of the Treasury Board on or before December 31 next following the end of that fiscal year or, if the House of Commons is not then sitting, on any of the first fifteen days next thereafter that the House of Commons is sitting.

(2) The Public Accounts shall be in such form as the President of the Treasury Board and the Minister may direct, and shall include

(a) a statement of

(i) the financial transactions of the fiscal year,

(ii) the expenditures and revenues of Canada for the fiscal year, and

(iii) such of the assets and liabilities of Canada as, in the opinion of the President of the Treasury Board and the Minister, are required to show the financial position of Canada as at the termination of the fiscal year;

(b) the contingent liabilities of Canada;

(c) the opinion of the Auditor General of Canada as required under section 6 of the Auditor General Act; and

(d) such other accounts and information relating to the fiscal year as are deemed necessary by the President of the Treasury Board and the Minister to present fairly the financial transactions and the financial position of Canada or as are required by this Act or any other Act of Parliament to be shown in the Public Accounts.

R.S., 1985, c. F-11, s. 64; 1999, c. 31, s. 112(F).

65. For the purpose of the keeping of the accounts of Canada under section 63 and the preparation of the Public Accounts under section 64, the Receiver General may, from time to time, subject to such regulations as the Treasury Board may make, send a notice to each appropriate Minister requesting such records, accounts or statements or other information as is specified in the notice and each appropriate Minister shall, within such reasonable time as is specified in the notice, provide the Receiver General with the records, accounts or statements or other information requested.

R.S., c. F-10, s. 56; R.S., c. 11(2nd Supp.), s. 1; 1976-77, c. 34, s. 23; 1980-81-82-83, c. 170, s. 16.

PART VII
ASSIGNMENT OF CROWN DEBTS

66. In this Part,

"appropriate paying officer", in relation to a Crown debt, means the paying officer who makes the payments in respect of that debt;

"contract" means a contract involving the payment of money by the Crown;

"Crown" means Her Majesty in right of Canada;

"Crown debt" means any existing or future debt due or becoming due by the Crown, and any other chose in action in respect of which there is a right of recovery enforceable by action against the Crown;

"paying officer" means any person designated as such by regulation;

"prescribed" means prescribed by regulation.

R.S., 1985, c. F-11, s. 66; 1999, c. 31, s. 113(F).

67. Except as provided in this Act or any other Act of Parliament,

(a) a Crown debt is not assignable; and

(b) no transaction purporting to be an assignment of a Crown debt is effective so as to confer on any person any rights or remedies in respect of that debt.

R.S., c. F-10, s. 80.

68. (1) Subject to this section, an assignment may be made of

(a) a Crown debt that is an amount due or becoming due under a contract; and

(b) any other Crown debt of a prescribed class.

(2) The assignment referred to in subsection (1) is valid only if

(a) it is absolute, in writing and made under the hand of the assignor;

(b) it does not purport to be by way of charge only; and

(c) notice of the assignment has been given to the Crown as provided in section 69.

(3) The assignment referred to in subsections (1) and (2) is effectual in law, subject to all equities that would have been entitled to priority over the right of the assignee if this section had not been enacted, to pass and transfer, from the date service on the Crown of notice of the assignment is effected,

(a) the legal right to the Crown debt;

(b) all legal and other remedies for the Crown debt; and

(c) the power to give a good discharge for the Crown debt without the concurrence of the assignor.

(4) An assignment made in accordance with this Part is subject to all conditions and restrictions in respect of the right of transfer that relate to the original Crown debt or that attach to or are contained in the original contract.

(5) Notwithstanding subsection (1), any amount due or becoming due by the Crown as or on account of salary, wages, pay or pay and allowances is not assignable and no transaction purporting to be an assignment of any such amount is effective to confer on any person any rights or remedies in respect of that amount.

R.S., 1985, c. F-11, s. 68; 1991, c. 24, s. 49(E).

69. (1) The notice referred to in paragraph 68(2)(c) shall be given to the Crown by serving on or sending by registered mail to the Receiver General or a paying officer, in prescribed form, notice of the assignment, together with a copy of the assignment accompanied by such other documents completed in such manner as may be prescribed.

(2) Service of the notice referred to in subsection (1) shall be deemed not to have been effected until acknowledgment of the notice, in prescribed form, is sent to the assignee, by registered mail, under the hand of the appropriate paying officer.

R.S., c. F-10, s. 82.

70. This Part does not apply

(a) to any negotiable instrument;

(b) to any Crown debt incurred by or in the name of a corporation set out in Schedule III; or

(c) to any securities issued under Part IV.

R.S., 1985, c. F-11, s. 70; 1998, c. 13, s. 21.

71. The Governor in Council may make regulations

(a) designating persons as paying officers for the purposes of this Part;

(b) prescribing additional classes of Crown debts for the purpose of subsection 68(1);

(c) prescribing the forms of notices of assignment and acknowledgments thereof;

(d) prescribing the documents to be submitted in connection with a notice of assignment, the forms of those documents and the manner in which they are to be completed; and

(e) generally, for carrying into effect the purposes and provisions of this Part.

R.S., c. F-10, s. 84.

PART VIII
ASSIGNMENT OF DEBTS DUE TO THE CROWN UNDER PAYMENT BONDS

72. In this Part,

"Crown" means Her Majesty in right of Canada or any agent of Her Majesty in right of Canada and includes a Crown corporation and a departmental corporation;

"payment bond" means a bond held by the Crown as security for the payment of certain classes of persons who perform labour or services or supply material in connection with a contract between the Crown and a contractor.

R.S., 1985, c. F-11, s. 72; 1991, c. 24, s. 50(F).

73. (1) Where an amount is due to the Crown under the provisions of a payment bond, a person who

(a) performed labour or services or supplied material in connection with the contract in respect of which the payment bond is held,

(b) is within a class of persons for the payment of which the payment bond is held as security, and

(c) has not been paid in full for the labour or services performed or material supplied by him in connection with the contract within the time provided in the payment bond for payment to the class of persons of which that person is a member,

is, without any act by or notice by or to the Crown, an assignee of the right of the Crown to recover an amount under the payment bond determined pursuant to subsection (2).

(2) The amount that may be recovered by a person referred to in subsection (1) shall be equal to the lesser of the amount due to that person for the labour or services performed or material supplied by him under the contract and the amount due to the Crown under the provisions of the payment bond.

(3) A person who is an assignee of the right of the Crown to recover an amount under a payment bond may, in his own name, exercise the right that, but for this Act, the Crown would have had to bring action to enforce payment under the payment bond in accordance with its terms and conditions and the Crown shall be neither a party to, nor liable for any costs in connection with, that action.

R.S., 1985, c. F-11, s. 73; 1991, c. 24, s. 50(F).

74. (1) A copy of a payment bond certified by the officer of the Crown having custody of the original payment bond shall be provided by that officer to any person who files with him an affidavit setting out that the person has performed labour or services or supplied material in connection with the contract for which the bond is held and that he has not been paid in full therefor.

(2) A document purporting to be a copy of a payment bond certified by the officer of the Crown having custody of the original payment bond is, without proof of the signature of the officer, admissible in evidence in any court of justice, or before a person having by law or by consent of parties authority to hear, receive and examine evidence in any action taken by a person under this Part, and has the same probative force as the original document would have if it were proven in the ordinary way.

R.S., 1985, c. F-11, s. 74; 1991, c. 24, s. 50(F).

75. The Governor in Council, on the recommendation of the Treasury Board, may make regulations for carrying into effect the purposes and provisions of this Part.

R.S., c. F-10, s. 88.

PART IX
CIVIL LIABILITY AND OFFENCES

76. (1) Where the appropriate Minister or the Receiver General believes on reasonable grounds that any person

(a) has received money for Her Majesty and has not duly paid it over,

(b) has received money for which the person is accountable to Her Majesty and has not duly accounted for it, or

(c) has received any public money applicable to any purpose and has not duly applied it,

the appropriate Minister or the Receiver General, as the case may be, may cause a notice to be served on that person, or on the person's representative in case of the person's death, requiring the person, within such time after the service of the notice as may be named therein, duly to pay over, account for or apply that money, as the case may be, and to transmit to the appropriate Minister or the Receiver General, as the notice provides, proper vouchers that the person has done so.

(2) Where a person does not comply with a notice served under subsection (1), the appropriate Minister or the Receiver General, as the case may be, shall state an account between that person and Her Majesty showing the amount of money not duly paid over, accounted for or applied, as the case may be, and may charge interest on the whole or any part of that amount from such date as the appropriate Minister or the Receiver General may determine and at such rate as may be prescribed pursuant to subsection 155.1(6).

(3) In any proceedings for the recovery of money referred to in subsection (2), a copy of the account stated and certified by the appropriate Minister or the Receiver General is evidence that the amount stated in the account, together with interest, is due and payable to Her Majesty, without proof of the signature of the appropriate Minister or the Receiver General or the official character of the office.

(4) Any amount of money referred to in subsection (1) and the interest on that amount may be recovered as a debt due to Her Majesty.

R.S., 1985, c. F-11, s. 76; 1991, c. 24, ss. 20, 50(F); 1999, c. 31, s. 114(F).

77. Where it appears by the books or accounts kept by or in the office of any person employed in the collection or management of the revenue, in any accounting by that person or by his written acknowledgment or confession, that that person has, by virtue of his office or employment, received money belonging to Her Majesty and refused or neglected to pay over that money to the proper persons at the proper times, an affidavit deposing to those facts, taken by any person having knowledge thereof, shall, in any proceedings for the recovery of that money, be admitted in evidence and is, in the absence of any evidence to the contrary, proof of the facts stated therein.

R.S., c. F-10, s. 90.

78. Where, by reason of any malfeasance or negligence by any person employed in collecting or receiving any public money, any sum of money is lost to Her Majesty, that person is accountable for the sum as if that person had collected and received it and it may be recovered from that person as if that person had collected and received it.

R.S., c. F-10, s. 91; 1980-81-82-83, c. 170, s. 19.

79. The Governor in Council, on the recommendation of the Treasury Board, may make regulations

(a) prescribing the actions to be taken in respect of losses of money or public property, however caused, suffered by Her Majesty;

(b) respecting the charging of losses of money suffered by Her Majesty against the appropriations to which they relate; and

(c) prescribing the records to be kept and providing for the reporting in the Public Accounts in respect of every loss referred to in paragraph (a).

1980-81-82-83, c. 170, s. 19.

80. Every officer or person acting in any office or employment connected with the collection, management or disbursement of public money who

(a) receives any compensation or reward for the performance of any official duty, except as by law prescribed,

(b) conspires or colludes with any other person to defraud Her Majesty, or makes opportunity for any person to defraud Her Majesty,

(c) designedly permits any contravention of the law by any other person,

(d) wilfully makes or signs any false entry in any book, or wilfully makes or signs any false certificate or return in any case in which it is the duty of that officer or person to make an entry, certificate or return,

(e) having knowledge or information of the contravention of this Act or the regulations or any revenue law of Canada by any person, or of fraud committed by any person against Her Majesty, under this Act or the regulations or any revenue law of Canada, fails to report, in writing, that knowledge or information to a superior officer, or

(f) demands or accepts or attempts to collect, directly or indirectly, as payment or gift or otherwise, any sum of money, or other thing of value, for the compromise, adjustment or settlement of any charge or complaint for any contravention or alleged contravention of law,

is guilty of an indictable offence and liable on conviction to a fine not exceeding five thousand dollars and to imprisonment for a term not exceeding five years.

R.S., c. F-10, s. 92; 1980-81-82-83, c. 170, s. 20.

81. Every person who

(a) promises, offers or gives any bribe to any officer or any person acting in any office or employment connected with the collection, management or disbursement of public money, with intent

(i) to influence the decision or action of that officer or person on any question or matter that is then pending, or may, by law, be brought before him in his official capacity, or

(ii) to influence that officer or person to commit, or aid or abet in committing any fraud on the revenue, or to connive at, collude in, or allow or permit any opportunity for the commission of any such fraud, or

(b) accepts or receives any such bribe,

is guilty of an indictable offence and liable on conviction to a fine not exceeding three times the amount so offered or accepted and to imprisonment for any term not exceeding five years.

R.S., c. F-10, s. 93.

82. All books, papers, accounts and documents kept or used by, or received or taken into the possession of, any officer or person who is or has been employed in the collection or management of the revenue or in accounting for the revenue, by virtue of that employment, shall be deemed to be chattels belonging to Her Majesty, and all money or valuable securities received or taken into the possession of that officer or person by virtue of his employment shall be deemed to be money and valuable securities belonging to Her Majesty.

R.S., c. F-10, s. 94.

PART X
CROWN CORPORATIONS

Interpretation

83. (1) In this Part,

"agent corporation" means a Crown corporation that is expressly declared by or pursuant to any other Act of Parliament to be an agent of the Crown;

"appoint" includes elect and designate;

"appropriate Minister" means,

(a) in relation to a parent Crown corporation,

(i) the Minister specified by or pursuant to any other Act of Parliament as the Minister in respect of that corporation, or

(ii) if no Minister is specified as described in subparagraph (i), such member of the Queen's Privy Council for Canada as is designated by order of the Governor in Council as the appropriate Minister for the corporation, and

(b) in relation to a wholly-owned subsidiary, the appropriate Minister, as defined in paragraph (a), for the parent Crown corporation that wholly owns the subsidiary;

"articles" means

(a) original or restated articles of incorporation, articles of amendment, articles of amalgamation, articles of continuance, articles of reorganization, articles of arrangement, articles of dissolution and articles of revival, and includes any amendments thereto, and

(b) letters patent, memorandum of association and any constating documents or other documents of a like nature to those referred to in paragraph (a), and includes any amendments thereto;

"auditor" includes a partnership of auditors;

"board of directors" means a board of directors, by whatever name called, of a corporation and includes a group of persons, other than a minister of the Crown, that constitutes a corporation;

"by-law" means a by-law, by whatever name called, of a corporation and includes an amendment or a repeal of a by-law;

"chairman" means a person occupying the position of chairman, by whatever name called, of the board of directors of a corporation;

"charter" means

(a) in relation to a corporation established by an Act of Parliament, the Act, and

(b) in relation to a corporation established by articles, the articles;

"corporation" includes a company or other body corporate wherever or however incorporated;

"Crown" means Her Majesty in right of Canada;

"Crown corporation" means a parent Crown corporation or a wholly-owned subsidiary;

"directive" [Repealed, 1991, c. 24, s. 21]

"director" means a person occupying the position of director, by whatever name called, of a corporation and includes any person, other than a minister of the Crown, in a group of persons that constitutes a corporation;

"major business or activity", in relation to a parent Crown corporation or a wholly-owned subsidiary, means a class of business or activity of the corporation or subsidiary established pursuant to subsection (10) or, if no classes are so established, all the business or activity of the corporation or subsidiary;

"parent Crown corporation" means a corporation that is wholly owned directly by the Crown, but does not include a departmental corporation;

"regulations" means the regulations made under this Part;

"share" includes a membership interest or ownership interest in a corporation;

"wholly-owned subsidiary" means a corporation that is wholly owned by one or more parent Crown corporations directly or indirectly through any number of subsidiaries each of which is wholly owned directly or indirectly by one or more parent Crown corporations.

(2) For the purposes of this Part, a corporation is wholly owned directly by the Crown if

(a) all of the issued and outstanding shares of the corporation, other than shares necessary to qualify persons as directors, are held, otherwise than by way of security only, by, on behalf of or in trust for the Crown; or

(b) all the directors of the corporation, other than ex officio directors, are appointed by the Governor in Council or by a minister of the Crown with the approval of the Governor in Council.

(3) For the purposes of subsection (2), shares held by a corporation that is an agent of the Crown

(a) are deemed not to be held by or on behalf of the Crown; and

(b) are not by reason of that fact alone shares held in trust for the Crown.

(4) For the purposes of this Part, a corporation is wholly owned by one or more other corporations if

(a) all of the issued and outstanding shares of the corporation, other than shares necessary to qualify persons as directors, are held, otherwise than by way of security only, by, on behalf of or in trust for the one or more other corporations;

(b) all the directors of the corporation are appointed by the board or boards of directors of the one or more other corporations; or

(c) all the directors of the one or more other corporations are, by virtue of their being directors of the one or more other corporations, directors of the corporation.

(5) For the purposes of this Part,

(a) one corporation is an affiliate of another corporation if one of them is the subsidiary of the other or both are subsidiaries of the same corporation or each of them is controlled by the same person; and

(b) if two corporations are affiliates of the same corporation at the same time, they are deemed to be affiliates of each other.

(6) For the purposes of this Part, a corporation is a subsidiary of another corporation if it is controlled by that other corporation.

(7) For the purposes of this Part, a corporation with share capital is controlled by a person if

(a) shares of the corporation to which are attached more than fifty per cent of the votes that may be cast to elect directors of the corporation are held, otherwise than by way of security only, by, on behalf of or in trust for that person; and

(b) the votes attached to those shares are sufficient, if exercised, to elect a majority of the directors of the corporation.

(8) For the purposes of this Part, a corporation without share capital is controlled by a person if that person is able to appoint the majority of the directors of the corporation, whether or not he does so.

(9) For the purposes of this Part, a person is deemed to be appointed by another person or group of persons if that person is appointed on the direction of that other person or group, whether or not he is actually appointed by that other person or group.

(10) Where, in the opinion of the Governor in Council, a parent Crown corporation or a wholly-owned subsidiary of a parent Crown corporation carries on, or a parent Crown corporation and any wholly-owned subsidiary of the corporation carry on, more than one business or activity, the parent Crown corporation shall, with the approval of the Governor in Council, classify the businesses or activities for the purposes of this Part.

R.S., 1985, c. F-11, s. 83; R.S., 1985, c. 1 (4th Supp.), s. 26; 1991, c. 24, s. 21.

Application

84. For greater certainty, this Part is binding on the Crown.

1984, c. 31, s. 11.

85. (1) Divisions I to IV do not apply to the Bank of Canada, the Canada Council for the Arts, the Canada Pension Plan Investment Board, the Canadian Broadcasting Corporation, the Telefilm Canada, the International Development Research Centre or the National Arts Centre Corporation.

(2) Divisions I to V do not apply to any Crown corporation incorporated or acquired, with the written authorization of the appropriate Minister,

(a) by or on behalf of the Royal Canadian Mounted Police for the purpose of performing its functions under the laws of Canada; or

(b) by or on behalf of any service established by an Act of Parliament to collect information and intelligence respecting the security of Canada.

(3) Divisions I to IV do not apply to

(a) a federal member institution, within the meaning assigned to that expression by section 2 of the Canada Deposit Insurance Corporation Act, the shares of which have been vested in the Canada Deposit Insurance Corporation by order of the Governor in Council under section 39.13 of that Act; or

(b) to the Canada Deposit Insurance Corporation, as a parent Crown corporation in respect of a wholly-owned subsidiary that is a federal member institution described in paragraph (a).

R.S., 1985, c. F-11, s. 85; R.S., 1985, c. 46 (1st Supp.), s. 7; 1992, c. 26, s. 18; 1993, c. 1, s. 9, c. 44, s. 156; 1997, c. 40, s. 108; 1998, c. 17, s. 31; 2001, c. 11, s. 6, c. 34, s. 16; 2002, c. 17, s. 14.

86. (1) Each parent Crown corporation shall take such steps in relation to the articles, by-laws and management of each wholly-owned subsidiary of the corporation, if any, as are necessary to ensure that the businesses, activities and other affairs of the subsidiary are carried on in accordance with this Part and the regulations.

(2) The Governor in Council may declare any provision of this Part that applies only to parent Crown corporations to apply to a wholly-owned subsidiary, and the provision applies, with such modifications as the circumstances require, to that wholly-owned subsidiary as if it were a parent Crown corporation.

R.S., 1985, c. F-11, s. 86; 1991, c. 24, s. 22.

87. Except as otherwise expressly provided, in the event of any inconsistency between the provisions of this Part and the provisions of any other Act of Parliament, the provisions of this Part prevail.

1984, c. 31, s. 11.

DIVISION I
CORPORATE AFFAIRS

Accountability to Parliament

88. Each Crown corporation is ultimately accountable, through the appropriate Minister, to Parliament for the conduct of its affairs.

1984, c. 31, s. 11.

Directives

89. (1) The Governor in Council may, on the recommendation of the appropriate Minister, give a directive to any parent Crown corporation, if the Governor in Council is of the opinion that it is in the public interest to do so.

(2) Before a directive is given to a parent Crown corporation, the appropriate Minister shall consult the board of directors of the corporation with respect to the content and effect of the directive.

(3) [Repealed, 1991, c. 24, s. 23]

(4) The appropriate Minister shall cause a copy of any directive given to a parent Crown corporation to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the directive is given.

(5) [Repealed, 1991, c. 24, s. 23]

(6) Forthwith after implementing a directive and completing any actions required to be taken in connection therewith, a parent Crown corporation shall notify the appropriate Minister that the directive has been implemented.

(7) No directive shall be given to the Standards Council of Canada with respect to

(a) the manner in which voluntary standardization is promoted; or

(b) the provision of financial assistance to or for the benefit of a particular person or group of persons.

R.S., 1985, c. F-11, s. 89; 1991, c. 24, s. 23.

89.1 (1) The directors of a parent Crown corporation to which a directive is given shall ensure that the directive is implemented in a prompt and efficient manner and, if in so doing they act in accordance with section 115, they are not accountable for any consequences arising from the implementation of the directive.

(2) Compliance by a parent Crown corporation with a directive is deemed to be in the best interests of the corporation.

(3) In this section, "directive" means

(a) a directive given pursuant to subsection 89(1), 94(2) or 114(3);

(b) a direction given under subsection 5(2) of the Canada Mortgage and Housing Corporation Act, subsection 9(2) of the Canadian Commercial Corporation Act, subsection 11(1) of the Canadian Dairy Commission Act or subsection 34(3) of the Enterprise Cape Breton Corporation Act; or

(c) a directive given under subsection 22(1) of the Canada Post Corporation Act.

1991, c. 24, s. 24; 1998, c. 10, s. 173.

Implementation of World Trade Organization Agreement

89.2 (1) Notwithstanding subsection 85(1), the Governor in Council may give a directive pursuant to subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of the WTO Agreement that pertains to that Crown corporation.

(2) The Governor in Council may, on the recommendation of the Treasury Board and the appropriate Minister made at the request of a Crown corporation, make such regulations in relation to that corporation as the Governor in Council considers necessary for the purpose of implementing any provision of the WTO Agreement that pertains to that corporation.

(3) In subsections (1) and (2), "WTO Agreement" has the meaning given to the word "Agreement" by subsection 2(1) of the World Trade Organization Agreement Implementation Act.

1994, c. 47, s. 116.

Implementation of Agreement on Internal Trade

89.3 Notwithstanding subsection 85(1), the Governor in Council may give a directive pursuant to subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of the Agreement as that term is defined in section 2 of the Agreement on Internal Trade Implementation Act that pertains to that Crown corporation.

1996, c. 17, s. 16.

Implementation of Canada-Chile Free Trade Agreement

89.4 (1) Notwithstanding subsection 85(1), the Governor in Council may give a directive under subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of the Canada-Chile Free Trade Agreement that pertains to that Crown corporation.

(2) The Governor in Council may, on the recommendation of the Treasury Board and the appropriate Minister made at the request of a Crown corporation, make such regulations in relation to that corporation as the Governor in Council considers necessary for the purpose of implementing any provision of the Canada-Chile Free Trade Agreement that pertains to that corporation.

(3) In subsections (1) and (2), "Canada-Chile Free Trade Agreement" has the meaning given to the word "Agreement" by subsection 2(1) of the Canada-Chile Free Trade Agreement Implementation Act.

1997, c. 14, s. 79.

Implementation of Canada--Costa Rica Free Trade Agreement

89.5 (1) Notwithstanding subsection 85(1), the Governor in Council may give a directive under subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of the Canada--Costa Rica Free Trade Agreement that pertains to that Crown corporation.

(2) The Governor in Council may, on the recommendation of the Treasury Board and the appropriate Minister made at the request of a Crown corporation, make such regulations in relation to that corporation as the Governor in Council considers necessary for the purpose of implementing any provision of the Canada--Costa Rica Free Trade Agreement that pertains to that corporation.

(3) In subsections (1) and (2), "Canada--Costa Rica Free Trade Agreement" has the meaning given to the word "Agreement" by subsection 2(1) of the Canada--Costa Rica Free Trade Agreement Implementation Act.

2001, c. 28, s. 51.

Restricted Transactions

90. (1) No person shall, unless authorized by an Act of Parliament,

(a) procure the incorporation of a corporation any shares of which, on incorporation, would be held by, on behalf of or in trust for the Crown;

(b) acquire shares of a corporation that, on acquisition, would be held by, on behalf of or in trust for the Crown;

(c) apply for articles that would add to or otherwise make a material change in the objects or purposes for which a parent Crown corporation is incorporated, or the restrictions on the businesses or activities that a parent Crown corporation may carry on, as set out in its articles;

(d) sell or otherwise dispose of any shares of a parent Crown corporation; or

(e) procure the dissolution or amalgamation of a parent Crown corporation.

(2) No parent Crown corporation shall, unless authorized by an Act of Parliament, sell or otherwise dispose of all or substantially all of the assets of the corporation.

(3) Subject to subsection (2), no corporation, or corporations, in a related group shall, unless authorized by an Act of Parliament, sell or otherwise dispose of any of the assets of the corporation or corporations, if the assets to be sold or otherwise disposed of constitute all or substantially all of the total assets of the group.

(4) For the purposes of paragraphs (1)(a) and (b), shares held by a corporation that is an agent of the Crown

(a) are deemed not to be held by or on behalf of the Crown; and

(b) are not by reason of that fact alone shares held in trust for the Crown.

(5) For the purposes of this section and sections 91 to 94,

(a) a reference to an acquisition or a sale or other disposal includes an acquisition or a sale or other disposal

(i) that is between agent corporations or between the Crown and an agent corporation, or

(ii) that occurs as a result of more than one related transaction or event;

(b) a reference to the assets of a corporation or corporations includes shares of another corporation held by, on behalf of or in trust for the corporation or corporations;

(c) "person" includes an agent of the Crown;

(d) "related group" means a group of corporations consisting of a parent Crown corporation and all of its wholly-owned subsidiaries; and

(e) "shares" includes any conversion or exchange privilege, option or right to acquire shares.

R.S., 1985, c. F-11, s. 90; 1991, c. 24, s. 50(F).

91. (1) Subject to section 90, no parent Crown corporation or wholly-owned subsidiary of a parent Crown corporation shall, unless authorized by the Governor in Council,

(a) procure the incorporation of a corporation any shares of which, on incorporation, would be held by, on behalf of or in trust for the corporation or subsidiary;

(b) acquire shares of a corporation that, on acquisition, would be held by, on behalf of or in trust for the corporation or subsidiary;

(c) acquire all or substantially all of the assets of another corporation;

(d) sell or otherwise dispose of any shares of a wholly-owned subsidiary of the corporation; or

(e) procure the dissolution or amalgamation of a wholly-owned subsidiary of the corporation.

(2) Subject to section 90 and subsection (3), no corporation, or corporations, in a related group shall, unless authorized by the Governor in Council, sell or otherwise dispose of any of the assets of the corporation or corporations used in any major business or activity of the corporation or corporations, if the assets to be sold or otherwise disposed of constitute all or substantially all of the total assets of the group used in that major business or activity.

(3) Subject to section 90, no wholly-owned subsidiary shall, unless authorized by the Governor in Council,

(a) sell or otherwise dispose of any shares of the subsidiary; or

(b) sell or otherwise dispose of all or substantially all of the assets of the subsidiary.

(4) Subject to section 90, no person shall, unless authorized by the Governor in Council, apply for articles in respect of a parent Crown corporation.

(5) Where a parent Crown corporation sets out the details of a proposed transaction in a corporate plan submitted pursuant to section 122, the Governor in Council, in addition to approving the plan under that section, may authorize a person to undertake the transaction for the purposes of this section.

(6) No person shall be authorized under this section to undertake a transaction unless the Governor in Council is satisfied that the person is otherwise empowered to undertake the transaction.

(7) The Governor in Council may, in any authorization under this section, specify such terms and conditions as the Governor in Council deems appropriate and may make the authorization either one of general application or in respect of any specified transaction or transactions.

R.S., 1985, c. F-11, s. 91; 1991, c. 24, ss. 25, 50(F).

92. (1) Sections 90 and 91 do not apply in respect of

(a) the acquisition of shares or assets by way of security only, or the sale or other disposal of shares or assets held by way of security only;

(b) the acquisition or the sale or other disposal of shares or assets in the ordinary course of a business of providing financial assistance;

(c) the acquisition or the sale or other disposal of shares or assets, if the acquisition, sale or disposal involves only

(i) a parent Crown corporation and one or more wholly-owned subsidiaries of the corporation, or

(ii) two or more wholly-owned subsidiaries

and is made as part of a bona fide reorganization of the parent Crown corporation or wholly-owned subsidiaries;

(d) the acquisition of shares by way of the exercise of any conversion or exchange privilege, option or right to acquire shares, if that privilege, option or right was acquired in accordance with section 90 or 91, as the case may be;

(e) the acquisition of shares of a parent Crown corporation by the corporation; or

(f) the acquisition of shares of a wholly-owned subsidiary by the subsidiary, the parent Crown corporation that wholly owns the subsidiary or any other wholly-owned subsidiary of that parent Crown corporation.

(1.1) Paragraphs 90(1)(b) and 91(1)(b) do not apply in respect of the nomination or appointment of a person to the board of directors or membership of a corporation, except where

(a) a majority of the directors or members are nominated or appointed by or on behalf of the Crown or by directors or members who were nominated or appointed by or on behalf of the Crown; or

(b) the Crown would otherwise obtain control of the corporation.

(2) The Governor in Council may make regulations exempting a specified parent Crown corporation or wholly-owned subsidiary or a parent Crown corporation or wholly-owned subsidiary of a specified class from the application of section 91, either generally or in respect of any transaction of a specified class.

R.S., 1985, c. F-11, s. 92; 1991, c. 24, s. 26.

93. (1) Where a person undertakes a transaction referred to in section 90 or 91, that person shall notify the prescribed person in accordance with the regulations.

(2) For the purposes of subsection (1), the Governor in Council may make regulations prescribing the person to be notified and the time within which and manner in which that person is to be notified.

1984, c. 31, s. 11.

94. (1) Notwithstanding section 90, where a parent Crown corporation is not named in Schedule III within a period of sixty days after its incorporation or acquisition, the directors and shareholders of the corporation shall forthwith after the expiration of that period take all steps necessary to dissolve the corporation.

(2) Notwithstanding section 91, the Governor in Council may direct that

(a) any wholly-owned subsidiary incorporated contrary to section 91 be dissolved or otherwise disposed of,

(b) any shares of a corporation acquired contrary to section 91 be sold or otherwise disposed of,

(c) any change effected by articles contrary to section 91 be reversed, or

(d) any assets acquired contrary to section 91 be sold or otherwise disposed of,

and the directors and shareholders of the corporation in respect of which the direction is given shall forthwith take all steps necessary to comply with the direction.

R.S., 1985, c. F-11, s. 94; 1991, c. 24, s. 27.

95. (1) No parent Crown corporation or wholly-owned subsidiary of a parent Crown corporation shall carry on any business or activity that is not consistent with the objects or purposes for which the parent Crown corporation is incorporated, or the restrictions on the businesses or activities that it may carry on, as set out in its charter.

(2) Subsection (1) shall not be construed as prohibiting or restricting a parent Crown corporation or wholly-owned subsidiary from continuing to carry on any business or activity that it carried on immediately before September 1, 1984.

1984, c. 31, s. 11.

Crown Agency Status

96. An agent corporation may exercise its powers only as an agent of the Crown.

1984, c. 31, s. 11.

97. An agent corporation may enter into contracts in the name of the Crown or in the name of the corporation.

1984, c. 31, s. 11.

98. Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by an agent corporation, whether in the name of the Crown or in the name of the corporation, may be brought or taken by or against the corporation in the name of the corporation in any court that would have jurisdiction if the corporation were not an agent of the Crown.

1984, c. 31, s. 11.

99. (1) Where the title to property is held in the name of an agent corporation, that property is the property of the Crown.

(2) Subject to this section and sections 90, 91 and 130, an agent corporation may sell or otherwise dispose of any property held by the corporation and may retain and use the proceeds of disposition thereof, but only

(a) in accordance with the regulations; or

(b) on the authorization of the Governor in Council.

(3) Subsection (2) does not apply in respect of any sale or other disposal of real or personal property by an agent corporation established by an Act of Parliament, if

(a) the corporation is specifically empowered by that Act or any other Act of Parliament to sell or otherwise dispose of real or personal property, as the case may be; or

(b) the corporation is specifically empowered by that Act or any other Act of Parliament to sell or otherwise dispose of real or personal property, as the case may be, for consideration not exceeding a specified amount and the sale or other disposal of the real or personal property is for consideration equal to or less than the specified amount.

(4) For the purposes of subsection (2), the Governor in Council may make regulations

(a) prescribing the terms and conditions on which an agent corporation may sell or otherwise dispose of property;

(b) prescribing the circumstances in which an agent corporation may retain and use all or any part of the proceeds of any disposition of property; and

(c) exempting a specified agent corporation or an agent corporation of a specified class from the application of paragraphs (2)(a) and (b), either generally or in respect of any specified property or any property of a specified class.

(5) The Governor in Council may, in any authorizing order under subsection (2), specify such terms and conditions as he deems appropriate, including terms and conditions respecting the retention and use of all or any part of the proceeds of the disposition by the agent corporation.

(6) Section 61 of this Act, the Surplus Crown Assets Act, and the Federal Real Property and Federal Immovables Act, except paragraphs 16(1)(g) and (h) and (2)(g) and subsection 18(6), do not apply to an agent corporation.

R.S., 1985, c. F-11, s. 99; 1991, c. 24, s. 28, c. 50, s. 28; 2001, c. 4, s. 161.

100. No agent corporation, for the purposes of securing payment of a debt or performance of an obligation, shall charge, mortgage, hypothecate, cede and transfer, pledge or otherwise create an interest in or charge on any real or personal property held by the corporation.

1984, c. 31, s. 11.

101. No agent corporation shall borrow money otherwise than from the Crown, unless the corporation is both

(a) empowered by an Act of Parliament to so borrow money; and

(b) specifically authorized by any Act of Parliament, including an appropriation Act, to so borrow money.

1984, c. 31, s. 11.

Third Parties

102. (1) A Crown corporation may not assert against a person dealing with the corporation or with any person who has acquired rights from the corporation that

(a) this Part or the regulations, the charter or by-laws of the corporation or any directive given to the corporation have not been complied with,

(b) a person held out by the corporation as a director, officer or agent of the corporation has not been duly appointed or has no authority to exercise the powers and perform the duties that are customary in the business or activity of the corporation or usual for such a director, officer or agent, or

(c) a document issued by any director, officer or agent of the corporation having apparent authority to issue the document is not valid or genuine by reason only that the director, officer or agent lacked actual authority to issue the document,

except where the person has knowledge that the facts asserted are true.

(2) A certificate stating that

(a) any particular transaction has been authorized by the Governor in Council pursuant to section 91 or 99, has or has not been directed by the Governor in Council pursuant to section 94 or has been approved by the Minister of Finance pursuant to subsection 127(3),

(b) any particular transaction is consistent with a corporate plan or any amendment thereto approved pursuant to section 122, or

(c) any particular capital expenditure or commitment to make a capital expenditure is included in a capital budget, an item in a capital budget or an amendment to a capital budget that has been approved pursuant to section 124

and that is signed by the chairman or chief executive officer of a Crown corporation is sufficient confirmation of the statement to any person, except where the person has knowledge to the contrary.

(3) The absence of any authorization, direction or approval referred to in subsection (2) does not affect any right or remedy otherwise available to any person, except where the person knows of such absence.

(4) No action of a Crown corporation, including a transfer of property, is invalid by reason only that the corporation was without the capacity or power to so act.

(5) No person dealing with a Crown corporation or with any person who has acquired rights from a Crown corporation shall be deemed to have notice or knowledge of the contents of a document, other than an Act of Parliament or any instrument required to be published in the Canada Gazette pursuant to the Statutory Instruments Act, concerning the corporation by reason only that the document has been made public.

1984, c. 31, s. 11.

Application

103. Section 268 of the Canada Business Corporations Act does not apply to a parent Crown corporation.

R.S., 1985, c. F-11, s. 103; 1994, c. 24, s. 34(F).

104. The Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, does not apply to a parent Crown corporation.

1984, c. 31, s. 11.

DIVISION II
DIRECTORS AND OFFICERS

Interpretation

104.1 In this Division, "officer-director", in respect of a parent Crown corporation, means

(a) the chairman and the chief executive officer of the corporation, by whatever name called; and

(b) in the case of a parent Crown corporation established by or pursuant to an Act of Parliament, any person who holds an office in the corporation that is established by or pursuant to that Act and who, as the holder of that office, is, by a provision in that Act, to be appointed by the Governor in Council and declared to be a director of the corporation.

1991, c. 24, s. 29.

Appointment

105. (1) Each director, other than an officer-director, of a parent Crown corporation shall be appointed by the appropriate Minister, with the approval of the Governor in Council, to hold office during pleasure for such term, not exceeding three years, as will ensure, as far as possible, the expiration in any one year of the terms of office of not more than one-half of the directors of the corporation.

(2) The majority of the directors of a parent Crown corporation are not to be officers or employees of the corporation or any of its affiliates.

(3) A director of a parent Crown corporation is eligible for re-appointment on the expiration of his term of office.

(4) Notwithstanding subsection (1), if any director of a parent Crown corporation is not appointed to take office on the expiration of the term of an incumbent director, the incumbent director continues in office until his successor is appointed.

(5) Each officer-director of a parent Crown corporation shall be appointed by the Governor in Council to hold office during pleasure for such term as the Governor in Council considers appropriate.

(6) Before an officer-director of a parent Crown corporation is appointed, the appropriate Minister shall consult the board of directors of the corporation with respect to the appointment.

(7) Subject to any other Act of Parliament that was in force on September 1, 1984, the board of directors of a parent Crown corporation is responsible for the appointment of officers of the corporation, other than officer-directors.

(8) Nothing in this section shall be construed as empowering the appointment, re-appointment or continuation in office as a director or officer-director of a parent Crown corporation of any person who does not meet any qualifications for the appointment, re-appointment or continuation established by any other Act of Parliament.

(9) This section does not apply to an ex officio director or officer-director of a parent Crown corporation.

(10) [Repealed, 1991, c. 24, s. 30]

R.S., 1985, c. F-11, s. 105; R.S., 1985, c. 1 (4th Supp.), s. 44(E); 1991, c. 24, s. 30.

106. An act of a director, chairman, chief executive officer or other officer of a parent Crown corporation is not invalid by reason only of an irregularity in his appointment or a defect in his qualifications.

1984, c. 31, s. 11.

Resignation

107. (1) A resignation of a director, chairman or chief executive officer of a parent Crown corporation becomes effective at the time the corporation receives a written resignation from him or at the time specified in the resignation, whichever is later.

(2) A parent Crown corporation shall send a copy of the resignation to the Clerk of the Privy Council within fifteen days after the parent Crown corporation receives it.

R.S., 1985, c. F-11, s. 107; 1991, c. 24, s. 31.

Remuneration

108. (1) The rate of any remuneration paid to a director, chairman or chief executive officer of a parent Crown corporation for his services in respect of that office and, in the case of a chairman or chief executive officer, any other office of the corporation or an affiliate thereof shall be fixed by the Governor in Council.

(2) Any benefits, other than remuneration, provided to a director, chairman or chief executive officer of a parent Crown corporation for his services in respect of that office and, in the case of a chairman or chief executive officer, any other office of the corporation or an affiliate thereof shall be fixed by the board of directors of the corporation in accordance with the regulations.

(2.1) The rate of any remuneration paid to a director, chairman or chief executive officer of a wholly-owned subsidiary who is not also an officer-director of the parent Crown corporation for the director's, chairman's or officer's services in respect of that subsidiary shall be fixed by the board of directors of the parent Crown corporation.

(3) For the purposes of this section, the Governor in Council may make regulations

(a) defining the term "remuneration"; and

(b) respecting the provision and fixing of benefits, other than remuneration, to or for any director, chairman or chief executive officer.

R.S., 1985, c. F-11, s. 108; 1991, c. 24, s. 32.

Management

109. Subject to this Part, the board of directors of a Crown corporation is responsible for the management of the businesses, activities and other affairs of the corporation.

1984, c. 31, s. 11.

110. (1) A resolution in writing, signed by all the directors of a Crown corporation entitled to vote on that resolution at a meeting of the board of directors or a committee of directors of the corporation is as valid as if it had been passed at a meeting of the board of directors or a committee of directors, as the case may be.

(2) A copy of every resolution referred to in subsection (1) shall be kept with the minutes of the proceedings of the board of directors or committee of directors, as the case may be.

1984, c. 31, s. 11.

111. (1) A director of a Crown corporation who is present at a meeting of the board of directors or a committee of directors of the corporation is deemed to have consented to any resolution passed or action taken at that meeting unless the director

(a) requests that written notice of his dissent be or written notice of his dissent is entered in the minutes of the meeting;

(b) gives written notice of his dissent to the secretary of the meeting before the meeting is adjourned; or

(c) sends written notice of his dissent by registered mail or delivers it to the head office of the corporation immediately after the meeting is adjourned.

(2) A director of a Crown corporation who votes for or consents to a resolution is not entitled to dissent in respect of that resolution pursuant to subsection (1).

1984, c. 31, s. 11.

112. A director of a Crown corporation who was not present at a meeting of the board of directors or a committee of directors of the corporation at which a resolution was passed or action taken is deemed to have consented thereto unless within seven days after becoming aware of the resolution or action the director

(a) causes written notice of his dissent to be placed with the minutes of the meeting; or

(b) sends written notice of his dissent by registered mail or delivers it to the head office of the corporation.

1984, c. 31, s. 11.

113. A director of a Crown corporation may, subject to the by-laws of the corporation, participate in a meeting of the board of directors or a committee of directors of the corporation by means of such telephone or other communications facilities as permit all persons participating in the meeting to hear each other, and a director participating in such a meeting by such means is deemed for the purposes of this Part to be present at the meeting.

1984, c. 31, s. 11.

By-laws

114. (1) The board of directors of a parent Crown corporation may, by resolution, make, amend or repeal any by-laws that regulate the business or affairs of the corporation, unless the charter or by-laws of the corporation otherwise provide.

(2) The board of directors of a parent Crown corporation shall, after making, amending or repealing a by-law, send a copy of that by-law to the appropriate Minister and the President of the Treasury Board.

(3) The Governor in Council may direct the board of directors of a parent Crown corporation to make, amend or repeal a by-law within such period as is specified in the direction.

(4) The Governor in Council may make regulations

(a) prescribing the form or the content of by-laws of parent Crown corporations and the time at, before or within which copies of by-laws are to be sent to the appropriate Minister and the President of the Treasury Board; and

(b) exempting a specified parent Crown corporation or a parent Crown corporation of a specified class from the application of subsection (2), either generally or in respect of any specified by-law or any by-law of a specified class.

(5) No direction shall be given pursuant to subsection (3) to the Standards Council of Canada with respect to

(a) the manner in which voluntary standardization is promoted; or

(b) the provision of financial assistance to or for the benefit of a particular person or group of persons.

(6) Section 103 of the Canada Business Corporations Act does not apply in respect of any parent Crown corporation established under that Act.

R.S., 1985, c. F-11, s. 114; 1991, c. 24, s. 33; 1994, c. 24, s. 34(F).

Duties

115. (1) Every director and every officer of a Crown corporation in exercising his powers and performing his duties shall

(a) act honestly and in good faith with a view to the best interests of the corporation; and

(b) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances.

(2) Every director and every officer of a parent Crown corporation or of a wholly-owned subsidiary of a parent Crown corporation shall comply with this Part, the regulations, the charter and by-laws of the corporation or subsidiary and any directive given to the corporation.

(3) A director or officer is not liable for a breach of his duty under subsection (1) or (2) if he relies in good faith on

(a) financial statements of the Crown corporation represented to him by an officer of the corporation or in a written report of the auditor of the corporation as fairly reflecting the financial condition of the corporation; or

(b) a report of a lawyer, accountant, engineer, appraiser or other person whose position or profession lends credibility to a statement made by him.

1984, c. 31, s. 11.

116. (1) A director or officer of a Crown corporation who

(a) is a party to a material contract or proposed material contract with the corporation, or

(b) is a director or officer of, or has a material interest in any person who is a party to, a material contract or proposed material contract with the corporation,

shall disclose in writing to the corporation or request to have entered in the minutes of a meeting of the board of directors thereof the nature and extent of his interest.

(2) The disclosure required by subsection (1) shall be made, in the case of a director,

(a) at the meeting of the board of directors at which the proposed contract is first considered;

(b) if the director was not then interested in the proposed contract, at the first meeting of the board of directors after he becomes so interested;

(c) if the director becomes interested after the contract is made, at the first meeting of the board of directors after he becomes so interested; or

(d) if the director was interested in the contract before becoming a director, at the first meeting of the board of directors after he becomes a director.

(3) The disclosure required by subsection (1) shall be made, in the case of an officer who is not a director,

(a) forthwith after he becomes aware that the contract or proposed contract is to be considered or has been considered at a meeting of the board of directors;

(b) if the officer becomes interested after the contract is made, forthwith after he becomes so interested; or

(c) if the officer was interested in the contract before becoming an officer, forthwith after he becomes an officer.

(4) If a material contract or proposed material contract is one that, in the ordinary course of the business or activity of the Crown corporation, would not require approval by the board of directors, a director or officer shall disclose in writing to the corporation or request to have entered in the minutes of a meeting of the board of directors the nature and extent of his interest forthwith after the director or officer becomes aware of the contract or proposed contract.

(5) A director referred to in subsection (1) shall not vote on any resolution to approve the contract unless the contract is

(a) an arrangement by way of security for money lent to or obligations undertaken by him for the benefit of the Crown corporation or a subsidiary of the Crown corporation;

(b) one relating primarily to his remuneration or benefits as a director, officer, employee or agent of the Crown corporation or a subsidiary of the Crown corporation;

(c) one for indemnity or insurance under section 119; or

(d) one with an affiliate of the Crown corporation.

(6) For the purposes of this section, a general notice to the board of directors by a director or officer, declaring that he is a director or officer of or has a material interest in a person and is to be regarded as interested in any contract made with that person, is a sufficient declaration of interest in relation to any contract so made.

(7) In this section and section 117, "board of directors" includes a committee of directors.

1984, c. 31, s. 11.

117. A material contract between a Crown corporation and one or more of its directors or officers, or between a Crown corporation and another person of which a director or an officer of the Crown corporation is a director or an officer or in which he has a material interest, is neither void nor voidable by reason only of that relationship or by reason only that a director with an interest in the contract is present at or is counted to determine the presence of a quorum at a meeting of the board of directors that authorized the contract, if the director or officer disclosed his interest in accordance with subsection 116(2), (3), (4) or (6), as the case may be, and the contract was approved by the board of directors and it was reasonable and fair to the Crown corporation at the time it was approved.

1984, c. 31, s. 11.

118. (1) Where a director or an officer of a Crown corporation fails to disclose his interest in a material contract in accordance with section 116, a court may, on application of the corporation or on behalf of the Crown, set aside the contract on such terms as it thinks fit.

(2) In this section, "court" means

(a) in the Province of Prince Edward Island or Newfoundland, the trial division of the Supreme Court of the Province;

(a.1) in the Province of Ontario, the Superior Court of Justice;

(b) in the Province of Quebec, the Superior Court of the Province;

(c) in the Province of New Brunswick, Manitoba, Saskatchewan or Alberta, the Court of Queen's Bench for the Province;

(d) in the Provinces of Nova Scotia and British Columbia, the Supreme Court of the Province; and

(e) in Yukon or the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice.

R.S., 1985, c. F-11, s. 118; R.S., 1985, c. 27 (2nd Supp.), s. 10; 1990, c. 17, s. 19; 1992, c. 51, s. 49; 1998, c. 30, ss. 13(F), 15(E); 1999, c. 3, s. 63; 2002, c. 7, s. 172(E).

Indemnification

119. (1) The Treasury Board shall indemnify a present or former director or officer of a Crown corporation or a person who acts or acted at the request of a Minister or a Crown corporation as a director or officer of another corporation, and the director's or officer's heirs and legal representatives, against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, that are reasonably incurred by the director or officer in respect of any civil, criminal or administrative action or proceeding to which the director or officer is a party by reason of being or having been such a director or officer, if the director or officer

(a) acted honestly and in good faith with a view to the best interests of the Crown corporation or other corporation; and

(b) in the case of any criminal or administrative action or proceeding that is enforced by a monetary penalty, believed on reasonable grounds that the director's or officer's conduct was lawful.

(2) Notwithstanding anything in this section, a director or officer referred to in subsection (1) is, and the heirs and legal representatives of the director or officer are, entitled to indemnity from the Treasury Board in respect of all costs, charges and expenses reasonably incurred by the director or officer in connection with the defence of any civil, criminal or administrative action or proceeding to which the director or officer was made a party by reason of being or having been such a director or officer, if the director or officer

(a) was substantially successful on the merits of the defence of the action or proceeding; and

(b) fulfils the conditions set out in paragraphs (1)(a) and (b).

(3) The Treasury Board may make regulations specifying terms and conditions governing indemnification under this section.

(4) Any amount payable in respect of indemnification under this section may be paid out of the Consolidated Revenue Fund.

R.S., 1985, c. F-11, s. 119; 1991, c. 24, s. 34; 1999, c. 31, s. 115(F).

DIVISION III
FINANCIAL MANAGEMENT AND CONTROL

Definitions

120. In this Division,

"annual report" means a report made pursuant to section 150;

"examiner" means a person designated by or appointed pursuant to section 142 to carry out a special examination;

"objectives", in relation to a parent Crown corporation, means the objectives of the corporation as set out in a corporate plan or an amendment to a corporate plan that has been approved pursuant to section 122;

"special examination" means an examination referred to in subsection 138(1).

1984, c. 31, s. 11.

Financial Year

121. (1) The financial year of a parent Crown corporation is the calendar year, unless the Governor in Council otherwise directs.

(2) Notwithstanding subsection (1), the financial year of a parent Crown corporation that was in effect on September 1, 1984 continues in effect, unless the Governor in Council has directed or directs otherwise.

1984, c. 31, s. 11.

Corporate Plans and Budgets

122. (1) Each parent Crown corporation shall annually submit a corporate plan to the appropriate Minister for the approval of the Governor in Council on the recommendation of the appropriate Minister and, if required by the regulations, on the recommendation of the Minister of Finance.

(2) The corporate plan of a parent Crown corporation shall encompass all the businesses and activities, including investments, of the corporation and its wholly-owned subsidiaries, if any.

(3) The corporate plan of a parent Crown corporation shall include a statement of

(a) the objects or purposes for which the corporation is incorporated, or the restrictions on the businesses or activities that it may carry on, as set out in its charter;

(b) the corporation's objectives for the period to which the plan relates and for each year in that period and the strategy the corporation intends to employ to achieve those objectives; and

(c) the corporation's expected performance for the year in which the plan is required by the regulations to be submitted as compared to its objectives for that year as set out in the last corporate plan or any amendment thereto approved pursuant to this section.

(4) The corporate plan of a parent Crown corporation shall be prepared in a form that clearly sets out information according to the major businesses or activities of the corporation and its wholly-owned subsidiaries, if any.

(5) No parent Crown corporation or wholly-owned subsidiary of a parent Crown corporation shall carry on any business or activity in any period in a manner that is not consistent with the last corporate plan of the parent Crown corporation or any amendment thereto approved pursuant to this section in respect of that period.

(6) Where a parent Crown corporation, or a wholly-owned subsidiary of a parent Crown corporation, proposes to carry on any business or activity in any period in a manner that is not consistent with the last corporate plan of the corporation or any amendment thereto approved pursuant to this section in respect of that period, the corporation shall, before that business or activity is so carried on, submit an amendment to the corporate plan to the appropriate Minister for approval as described in subsection (1).

(6.1) The Governor in Council may specify such terms and conditions as the Governor in Council deems appropriate for the approval of a corporate plan or an amendment to a corporate plan.

(7) The Governor in Council may make regulations prescribing, for the purposes of this section, the circumstances in which the recommendation of the Minister of Finance is required for the approval of a corporate plan or an amendment thereto.

R.S., 1985, c. F-11, s. 122; 1991, c. 24, s. 35.

123. (1) Each parent Crown corporation named in Part I of Schedule III shall annually submit an operating budget for the next following financial year of the corporation to the appropriate Minister for the approval of the Treasury Board on the recommendation of the appropriate Minister.

(2) The operating budget of a parent Crown corporation shall encompass all the businesses and activities, including investments, of the corporation and its wholly-owned subsidiaries, if any.

(3) The operating budget of a parent Crown corporation shall be prepared in a form that clearly sets out information according to the major businesses or activities of the corporation and its wholly-owned subsidiaries, if any.

(4) Where a parent Crown corporation anticipates that the total amount of expenditures or commitments to make expenditures in respect of any major business or activity in a financial year will vary significantly from the total amount projected for that major business or activity in an operating budget of the corporation or any amendment thereto that is approved pursuant to this section for that year, the corporation shall submit an amendment to the budget to the appropriate Minister for the approval of the Treasury Board on the recommendation of the appropriate Minister.

(5) The Treasury Board may specify such terms and conditions as it deems appropriate for the approval of an operating budget or an amendment to an operating budget.

R.S., 1985, c. F-11, s. 123; 1991, c. 24, s. 36.

124. (1) Each parent Crown corporation shall annually submit a capital budget for the next following financial year of the corporation to the appropriate Minister for the approval of the Treasury Board on the recommendation of the appropriate Minister.

(2) The capital budget of a parent Crown corporation shall encompass all the businesses and activities, including investments, of the corporation and its wholly-owned subsidiaries, if any.

(3) The Treasury Board may approve any item in a capital budget submitted pursuant to subsection (1) for any financial year or years after the financial year for which the budget is submitted.

(4) The capital budget of a parent Crown corporation shall be prepared in a form that clearly sets out information according to the major businesses or activities of the corporation and its wholly-owned subsidiaries, if any.

(5) No parent Crown corporation or wholly-owned subsidiary of a parent Crown corporation shall incur, or make a commitment to incur, a capital expenditure in any financial year for which the corporation is required to submit a budget pursuant to this section, unless

(a) a budget for that year has been approved pursuant to this section; or

(b) the expenditure or commitment

(i) is included in an item for that year that has been approved pursuant to subsection (3) as part of a budget for a previous year,

(ii) has been specifically approved pursuant to this section as though it were a capital budget, or

(iii) is, in the opinion of the board of directors of the corporation or subsidiary, essential to continue a current business or activity of the corporation or subsidiary as set out in a corporate plan or budget of the corporation that has been approved pursuant to this section or section 122 or 123.

(6) Where, by reason of any one or more proposed expenditures or commitments to make expenditures, a parent Crown corporation anticipates that the total amount of expenditures or commitments to make expenditures in respect of any major business or activity in a financial year will vary significantly from the total amount projected for that major business or activity in a capital budget of the corporation or any amendment thereto that is approved pursuant to this section for that year, the corporation shall submit an amendment to the budget to the appropriate Minister for the approval of the Treasury Board on the recommendation of the appropriate Minister, and the expenditure or expenditures shall not be incurred or commitments made before that approval is obtained.

(7) The Minister of Finance may require that his recommendation, in addition to that of the appropriate Minister, be obtained before a capital budget or an amendment to a capital budget is submitted to the Treasury Board for approval under this section.

(8) The Treasury Board may specify such terms and conditions as it deems appropriate for the approval of a capital budget or an amendment to a capital budget.

R.S., 1985, c. F-11, s. 124; 1991, c. 24, s. 37.

125. (1) After a corporate plan, operating budget or capital budget, or an amendment thereto, is approved pursuant to section 122, 123 or 124, the parent Crown corporation shall submit a summary of the plan or budget, or the plan or budget as so amended, to the appropriate Minister for his approval.

(2) A summary shall encompass all the businesses and activities, including investments, of the parent Crown corporation and its wholly-owned subsidiaries, if any, and shall set out the major business decisions taken with respect thereto.

(3) A summary shall be prepared in a form that clearly sets out information according to the major businesses or activities of the parent Crown corporation and its wholly-owned subsidiaries, if any.

(4) The appropriate Minister shall cause a copy of every summary he approves pursuant to this section to be laid before each House of Parliament.

(5) A summary laid before Parliament pursuant to subsection (4) stands permanently referred to such committee of Parliament as may be designated or established to review matters relating to the businesses and activities of the corporation submitting the summary.

1984, c. 31, s. 11.

126. In addition to any other requirements under this Act or any other Act of Parliament with respect thereto, the Treasury Board may make regulations

(a) prescribing the form in which corporate plans, budgets, summaries or amendments required under section 122, 123, 124 or 125 shall be prepared, the information to be included therein and the time at, before or within which they are to be submitted and summaries are to be laid before each House of Parliament;

(b) prescribing the period to be covered by corporate plans under section 122, either generally or in respect of any specified parent Crown corporation or any parent Crown corporation of a specified class; and

(c) defining for the purpose of this Division the expression "vary significantly".

R.S., 1985, c. F-11, s. 126; 1991, c. 24, s. 38.

Borrowing

127. (1) Where a parent Crown corporation or a wholly-owned subsidiary of a parent Crown corporation intends to borrow money, the corporation shall so indicate in its corporate plan or an amendment thereto under section 122 for the period in which the corporation or subsidiary intends to borrow and shall give a general indication therein of the borrowing plans and strategy of the corporation or subsidiary for that period.

(2) Where a parent Crown corporation indicates in a corporate plan or an amendment to a corporate plan an intention to borrow money, the Minister of Finance may require that his recommendation, in addition to that of the appropriate Minister, be obtained before the plan or amendment is submitted to the Governor in Council for approval.

(3) No Crown corporation shall enter into any particular transaction to borrow money without the approval of the Minister of Finance with respect to the time and the terms and conditions of the transaction.

(4) The Governor in Council may, on the recommendation of the Minister of Finance, make regulations

(a) exempting a specified Crown corporation or a Crown corporation of a specified class from the application of subsection (3), either generally or in respect of any specified borrowing or any borrowing of a specified class;

(b) deeming a specified transaction or a transaction of a specified class to be, for the purposes of this Part, a transaction to borrow money; and

(c) specifying the manner of granting approvals under subsection (3) and the circumstances in which an approval under that subsection is deemed to have been granted in respect of borrowing by Crown corporations.

(5) Nothing in this section shall be construed as authorizing a Crown corporation to borrow money in excess of any limit established by any other Act of Parliament on the amount of money the corporation may borrow.

1984, c. 31, s. 11.

Bank Accounts

128. A Crown corporation may, directly or indirectly, deposit funds with or acquire deposit receipts from

(a) any member of the Canadian Payments Association;

(b) any local cooperative credit society that is a member of a central cooperative credit society having membership in the Canadian Payments Association; and

(c) any financial institution outside Canada that is not a member of the Canadian Payments Association, but only with the approval of the Minister of Finance.

R.S., 1985, c. F-11, s. 128; 1991, c. 24, s. 39.

129. (1) A parent Crown corporation shall, if directed by the Minister of Finance with the concurrence of the appropriate Minister, and may, if the Minister of Finance and the appropriate Minister approve, pay or cause to be paid all or any part of the money of the corporation or a wholly-owned subsidiary of the corporation to the Receiver General to be paid into the Consolidated Revenue Fund and credited to a special account in the accounts of Canada in the name of the corporation or subsidiary, and the Receiver General, subject to such terms and conditions as the Minister of Finance may prescribe, may pay out, for the purposes of the corporation or subsidiary, or repay to the corporation or subsidiary, all or any part of the money credited to the special account.

(2) Interest may be paid from the Consolidated Revenue Fund in respect of money credited to a special account pursuant to subsection (1), in accordance with and at rates fixed by the Minister of Finance with the approval of the Governor in Council.

1984, c. 31, s. 11.

Surpluses

130. Subject to any other Act of Parliament, where the appropriate Minister and the Minister of Finance, with the approval of the Governor in Council, so direct, a parent Crown corporation shall pay or cause to be paid to the Receiver General so much of the money of the corporation or of a wholly-owned subsidiary of the corporation as the appropriate Minister and the Minister of Finance consider to be in excess of the amount required for the purposes of the corporation or subsidiary, and any money so paid may be applied toward the discharge of any obligation of the corporation or subsidiary to the Crown or may be applied as revenues of Canada.

R.S., 1985, c. F-11, s. 130; 1999, c. 31, s. 116(F).

Dividends

130.1 Each parent Crown corporation named in Part II of Schedule III shall annually submit a dividend proposal to the appropriate Minister as part of its corporate plan submitted pursuant to section 122.

1991, c. 24, s. 40.

130.2 The Governor in Council may prescribe, waive or vary the dividends to be paid by any parent Crown corporation named in Schedule III.

1991, c. 24, s. 40.

Financial Management

131. (1) Each parent Crown corporation shall cause

(a) books of account and records in relation thereto to be kept, and

(b) financial and management control and information systems and management practices to be maintained,

in respect of itself and each of its wholly-owned subsidiaries, if any.

(2) The books, records, systems and practices referred to in subsection (1) shall be kept and maintained in such manner as will provide reasonable assurance that

(a) the assets of the corporation and each subsidiary are safeguarded and controlled;

(b) the transactions of the corporation and each subsidiary are in accordance with this Part, the regulations, the charter and by-laws of the corporation or subsidiary and any directive given to the corporation; and

(c) the financial, human and physical resources of the corporation and each subsidiary are managed economically and efficiently and the operations of the corporation and each subsidiary are carried out effectively.

(3) Each parent Crown corporation shall cause internal audits to be conducted, in respect of itself and each of its wholly-owned subsidiaries, if any, to assess compliance with subsections (1) and (2), unless the Governor in Council is of the opinion that the benefits to be derived from those audits do not justify their cost.

(4) Each parent Crown corporation shall cause financial statements to be prepared annually, in respect of itself and its wholly-owned subsidiaries, if any, in accordance with generally accepted accounting principles as supplemented or augmented by regulations made pursuant to subsection (6), if any.

(5) The financial statements of a parent Crown corporation and of a wholly-owned subsidiary shall be prepared in a form that clearly sets out information according to the major businesses or activities of the corporation or subsidiary.

(6) The Treasury Board may, for the purposes of subsection (4), make regulations respecting financial statements either generally or in respect of any specified parent Crown corporation or any parent Crown corporation of a specified class, but such regulations shall, in respect of the preparation of financial statements, only supplement or augment generally accepted accounting principles.

R.S., 1985, c. F-11, s. 131; 1991, c. 24, s. 41; 1999, c. 31, s. 117(F).

Auditor's Reports

132. (1) Each parent Crown corporation shall cause an annual auditor's report to be prepared, in respect of itself and its wholly-owned subsidiaries, if any, in accordance with the regulations, on

(a) the financial statements referred to in section 131 and any revised financial statement referred to in subsection 133(3); and

(b) any quantitative information required to be audited pursuant to subsection (5).

(2) A report under subsection (1) shall be addressed to the appropriate Minister and shall

(a) include separate statements whether in the auditor's opinion

(i) the financial statements are presented fairly in accordance with generally accepted accounting principles applied on a basis consistent with that of the preceding year,

(ii) the quantitative information is accurate in all material respects and, if applicable, was prepared on a basis consistent with that of the preceding year, and

(iii) the transactions of the corporation and of each subsidiary that have come to the auditor's notice in the course of his examination for the report were in accordance with this Part, the regulations, the charter and by-laws of the corporation or subsidiary and any directive given to the corporation; and

(b) call attention to any other matter falling within the scope of the auditor's examination for the report that, in his opinion, should be brought to the attention of Parliament.

(3) The Treasury Board may make regulations prescribing the form and manner in which the report referred to in subsection (1) is to be prepared.

(4) Notwithstanding any other provision of this Part, the auditor of a parent Crown corporation may prepare separate annual auditor's reports on the statements referred to in paragraph (1)(a) and on the information referred to in paragraph (1)(b) if, in the auditor's opinion, separate reports would be more appropriate.

(5) The Treasury Board may require that any quantitative information required to be included in a parent Crown corporation's annual report pursuant to subsection 150(3) be audited.

(6) The auditor of a parent Crown corporation shall prepare such other reports respecting the corporation or any wholly-owned subsidiary of the corporation as the Governor in Council may require.

(7) An auditor shall make such examination as he considers necessary to enable him to prepare a report under subsection (1) or (6).

(8) An auditor shall, to the extent he considers practicable, rely on any internal audit of the corporation being audited that is conducted pursuant to subsection 131(3).

R.S., 1985, c. F-11, s. 132; 1991, c. 24, s. 42; 1999, c. 31, s. 118(F).

133. (1) A director or officer of a Crown corporation shall forthwith notify the auditor and the audit committee of the corporation, if any, of any error or omission of which the director or officer becomes aware in a financial statement that the auditor or a former auditor has reported on or in a report prepared by the auditor or a former auditor pursuant to section 132.

(2) Where an auditor or former auditor of a Crown corporation is notified or becomes aware of any error or omission in a financial statement that the auditor or former auditor has reported on or in a report prepared by the auditor or former auditor pursuant to section 132, he shall forthwith notify each director of the corporation of the error or omission if he is of the opinion that the error or omission is material.

(3) Where an auditor or former auditor of a Crown corporation notifies the directors of an error or omission in a financial statement or report pursuant to subsection (2), the corporation shall prepare a revised financial statement or the auditor or former auditor shall issue a correction to the report, as the case may be, and a copy thereof shall be given to the appropriate Minister.

1984, c. 31, s. 11.

Auditors

134. (1) The auditor of a parent Crown corporation shall be appointed annually by the Governor in Council, after the appropriate Minister has consulted the board of directors of the corporation, and may be removed at any time by the Governor in Council, after the appropriate Minister has consulted the board.

(2) On and after January 1, 1989, the Auditor General of Canada shall be appointed by the Governor in Council as the auditor, or a joint auditor, of each parent Crown corporation named in Part I of Schedule III, unless the Auditor General waives the requirement that he be so appointed.

(3) Subsections (1) and (2) do not apply in respect of any parent Crown corporation the auditor of which is specified by any other Act of Parliament to be the Auditor General of Canada, but the Auditor General is eligible to be appointed as the auditor, or a joint auditor, of a parent Crown corporation pursuant to subsection (1) and section 135 does not apply to him.

(4) Notwithstanding subsection (1), where the report referred to in subsection 132(1) is to be prepared in respect of a wholly-owned subsidiary separately, the board of directors of the parent Crown corporation that wholly owns the subsidiary shall, after consultation with the board of directors of the subsidiary, appoint the auditor of the subsidiary, and subsections (6) and sections 135 to 137 apply in respect of that auditor as though the references therein to a parent Crown corporation were references to the subsidiary.

(5) The Governor in Council may make regulations prescribing the criteria to be applied in selecting an auditor for appointment pursuant to subsection (1) or (4).

(6) An auditor of a parent Crown corporation is eligible for re-appointment on the expiration of his appointment.

(7) Notwithstanding subsection (1), if an auditor of a parent Crown corporation is not appointed to take office on the expiration of the appointment of an incumbent auditor, the incumbent auditor continues in office until his successor is appointed.

1984, c. 31, s. 11.

135. (1) A person is disqualified from being appointed or re-appointed or continuing as an auditor of a parent Crown corporation pursuant to section 134 if that person is not independent of the corporation, any of its affiliates, or the directors or officers of the corporation or any of its affiliates.

(2) For the purposes of this section,

(a) independence is a question of fact; and

(b) a person is deemed not to be independent if that person or any of his business partners

(i) is a business partner, director, officer or employee of the parent Crown corporation or any of its affiliates, or a business partner of any director, officer or employee of the corporation or any of its affiliates,

(ii) beneficially owns or controls, directly or indirectly through a trustee, legal representative, agent or other intermediary, a material interest in the shares or debt of the parent Crown corporation or any of its affiliates, or

(iii) has been a receiver, receiver-manager, liquidator or trustee in bankruptcy of the parent Crown corporation or any of its affiliates within two years of his proposed appointment as auditor of the corporation.

(3) An auditor of a parent Crown corporation who becomes disqualified under this section shall resign forthwith after becoming aware of his disqualification.

1984, c. 31, s. 11.

136. Nothing in sections 134 and 135 shall be construed as empowering the appointment, re-appointment or continuation in office as an auditor of a parent Crown corporation of any person who does not meet any qualifications for such appointment, re-appointment or continuation established by any other Act of Parliament.

1984, c. 31, s. 11.

137. A resignation of an auditor of a parent Crown corporation becomes effective at the time the corporation receives a written resignation from the auditor or at the time specified in the resignation, whichever is later.

1984, c. 31, s. 11.

Special Examination

138. (1) Each parent Crown corporation shall cause a special examination to be carried out in respect of itself and its wholly-owned subsidiaries, if any, to determine if the systems and practices referred to in paragraph 131(1)(b) were, in the period under examination, maintained in a manner that provided reasonable assurance that they met the requirements of paragraphs 131(2)(a) and (c).

(2) A special examination shall be carried out at least once every five years and at such additional times as the Governor in Council, the appropriate Minister or the board of directors of the corporation to be examined may require.

(3) Before an examiner commences a special examination, he shall survey the systems and practices of the corporation to be examined and submit a plan for the examination, including a statement of the criteria to be applied in the examination, to the audit committee of the corporation, or if there is no audit committee, to the board of directors of the corporation.

(4) Any disagreement between the examiner and the audit committee or board of directors of a corporation with respect to a plan referred to in subsection (3) may be resolved

(a) in the case of a parent Crown corporation, by the appropriate Minister; and

(b) in the case of a wholly-owned subsidiary, by the parent Crown corporation that wholly owns the subsidiary.

(5) An examiner shall, to the extent he considers practicable, rely on any internal audit of the corporation being examined conducted pursuant to subsection 131(3).

1984, c. 31, s. 11.

139. (1) An examiner shall, on completion of the special examination, submit a report on his findings to the board of directors of the corporation examined.

(2) The report of an examiner under subsection (1) shall include

(a) a statement whether in the examiner's opinion, with respect to the criteria established pursuant to subsection 138(3), there is reasonable assurance that there are no significant deficiencies in the systems and practices examined; and

(b) a statement of the extent to which the examiner relied on internal audits.

1984, c. 31, s. 11.

140. Where the examiner of a parent Crown corporation, or a wholly owned subsidiary of a parent Crown corporation, named in Part I of Schedule III is of the opinion that his report under subsection 139(1) contains information that should be brought to the attention of the appropriate Minister, he shall, after consultation with the board of directors of the corporation, or with the boards of the subsidiary and corporation, as the case may be, report that information to the Minister and furnish the board or boards with a copy of the report.

1984, c. 31, s. 11.

141. Where the examiner of a parent Crown corporation, or a wholly-owned subsidiary of a parent Crown corporation, named in Part I of Schedule III is of the opinion that his report under subsection 139(1) contains information that should be brought to the attention of Parliament, he shall, after consultation with the appropriate Minister and the board of directors of the corporation, or with the boards of the subsidiary and corporation, as the case may be, prepare a report thereon for inclusion in the next annual report of the corporation and furnish the board or boards, the appropriate Minister and the Auditor General of Canada with copies of the report.

1984, c. 31, s. 11.

142. (1) Subject to subsections (2) and (3), a special examination referred to in section 138 shall be carried out by the auditor of a parent Crown corporation.

(2) Where, in the opinion of the Governor in Council, a person other than the auditor of a parent Crown corporation should carry out a special examination, the Governor in Council may, after the appropriate Minister has consulted the board of directors of the corporation, appoint an auditor who is qualified for the purpose to carry out the examination in lieu of the auditor of the corporation and may, after the appropriate Minister has consulted the board, remove that qualified auditor at any time.

(3) Where a special examination is to be carried out in respect of a wholly-owned subsidiary separately, the board of directors of the parent Crown corporation that wholly owns the subsidiary shall, after consultation with the board of directors of the subsidiary, appoint the qualified auditor who is to carry out the special examination.

(4) Subject to subsection (5), sections 135 and 137 apply in respect of an examiner as though the references therein to an auditor were references to an examiner.

(5) The Auditor General of Canada is eligible to be appointed an examiner and section 135 does not apply to the Auditor General of Canada in respect of such an appointment.

1984, c. 31, s. 11.

Consultation with Auditor General

143. The auditor or examiner of a Crown corporation may at any time consult the Auditor General of Canada on any matter relating to his audit or special examination and shall consult the Auditor General with respect to any matter that, in the opinion of the auditor or examiner, should be brought to the attention of Parliament pursuant to paragraph 132(2)(b) or section 141.

1984, c. 31, s. 11.

Right to Information

144. (1) On the demand of the auditor or examiner of a Crown corporation, the present or former directors, officers, employees or agents of the corporation shall furnish such

(a) information and explanations, and

(b) access to records, documents, books, accounts and vouchers of the corporation or any of its subsidiaries

as the auditor or examiner considers necessary to enable him to prepare any report as required by this Division and that the directors, officers, employees or agents are reasonably able to furnish.

(2) On the demand of the auditor or examiner of a Crown corporation, the directors of the corporation shall

(a) obtain from the present or former directors, officers, employees or agents of any subsidiary of the corporation such information and explanations as the auditor or examiner considers necessary to enable him to prepare any report as required by this Division and that the present or former directors, officers, employees or agents are reasonably able to furnish; and

(b) furnish the auditor or examiner with the information and explanations so obtained.

(3) An auditor or examiner of a Crown corporation may reasonably rely on any report of any other auditor or examiner.

R.S., 1985, c. F-11, s. 144; 1991, c. 24, s. 50(F).

Policy

145. Nothing in this Part or the regulations shall be construed as authorizing the auditor or examiner of a Crown corporation to express any opinion on the merits of matters of policy, including the merits of

(a) the objects or purposes for which the corporation is incorporated, or the restrictions on the businesses or activities that it may carry on, as set out in its charter;

(b) the objectives of the corporation; and

(c) any business or policy decision of the corporation or of the Government of Canada.

1984, c. 31, s. 11.

Qualified Privilege

146. Any oral or written statement or report made under this Part or the regulations by the auditor or a former auditor, or the examiner or a former examiner, of a parent Crown corporation or a wholly-owned subsidiary has qualified privilege.

R.S., 1985, c. F-11, s. 146; 1991, c. 24, s. 43.

Costs

147. (1) The amounts paid to an auditor or examiner of a Crown corporation for preparing any report under section 132, 139, 140 or 141 shall be reported to the President of the Treasury Board.

(2) Where the Auditor General of Canada is the auditor or examiner of a Crown corporation, the costs incurred by him in preparing any report under section 132, 139, 140 or 141 shall be disclosed in the next annual report of the Auditor General and be paid out of the moneys appropriated for his office.

1984, c. 31, s. 11.

Audit Committee

148. (1) Each parent Crown corporation that has four or more directors shall establish an audit committee composed of not less than three directors of the corporation, the majority of whom are not officers or employees of the corporation or any of its affiliates.

(2) In the case of a parent Crown corporation that has less than four directors, the board of directors of the corporation constitutes the audit committee of the corporation and shall perform the duties and functions assigned to an audit committee by any provision of this Part and the provision shall be construed accordingly.

(3) The audit committee of a parent Crown corporation shall

(a) review, and advise the board of directors with respect to, the financial statements that are to be included in the annual report of the corporation;

(b) oversee any internal audit of the corporation that is conducted pursuant to subsection 131(3);

(c) review, and advise the board of directors with respect to, the annual auditor's report of the corporation referred to in subsection 132(1);

(d) in the case of a corporation undergoing a special examination, review, and advise the board of directors with respect to, the plan and reports referred to in sections 138 to 141; and

(e) perform such other functions as are assigned to it by the board of directors or the charter or by-laws of the corporation.

(4) The auditor and any examiner of a parent Crown corporation are entitled to receive notice of every meeting of the audit committee and, at the expense of the corporation, to attend and be heard at each meeting, and, if so requested by a member of the audit committee, the auditor or examiner shall attend any or every meeting of the committee held during his term of office.

(5) The auditor or examiner of a parent Crown corporation or a member of the audit committee may call a meeting of the committee.

(6) Where the report referred to in subsection 132(1) is to be prepared in respect of a wholly-owned subsidiary separately, subsections (1) to (5) apply, with such modifications as the circumstances require, in respect of the subsidiary as though

(a) the references in subsections (1) to (5) to a parent Crown corporation were references to the subsidiary; and

(b) the reference in paragraph (3)(a) to the annual report of the corporation were a reference to the annual report of the parent Crown corporation that wholly owns the subsidiary.

R.S., 1985, c. F-11, s. 148; 1991, c. 24, s. 50(F).

Reports

149. (1) A parent Crown corporation shall provide the Treasury Board or the appropriate Minister with such accounts, budgets, returns, statements, documents, records, books, reports or other information as the Board or appropriate Minister may require.

(2) The chief executive officer of a parent Crown corporation shall, as soon as reasonably practicable, notify the appropriate Minister, the President of the Treasury Board and any director of the corporation not already aware thereof of any financial or other developments that, in the chief executive officer's opinion, are likely to have a material effect on the performance of the corporation, including its wholly-owned subsidiaries, if any, relative to the corporation's objectives or on the corporation's requirements for funding.

(3) Each parent Crown corporation shall forthwith notify the appropriate Minister and the President of the Treasury Board of the name of any corporation that becomes or ceases to be a wholly-owned subsidiary of the corporation.

1984, c. 31, s. 11.

150. (1) Each parent Crown corporation shall, as soon as possible, but in any case within three months, after the termination of each financial year submit an annual report on the operations of the corporation in that year concurrently to the appropriate Minister and the President of the Treasury Board, and the appropriate Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after he receives it.

(2) An annual report laid before Parliament pursuant to subsection (1) stands permanently referred to such committee of Parliament as may be designated or established to review matters relating to the businesses and activities of the corporation submitting the report.

(3) The annual report of a parent Crown corporation shall include

(a) the financial statements of the corporation referred to in section 131,

(b) the annual auditor's report referred to in subsection 132(1),

(c) a statement on the extent to which the corporation has met its objectives for the financial year,

(d) such quantitative information respecting the performance of the corporation, including its wholly-owned subsidiaries, if any, relative to the corporation's objectives as the Treasury Board may require to be included in the annual report, and

(e) such other information as is required by this Act or any other Act of Parliament, or by the appropriate Minister, the President of the Treasury Board or the Minister of Finance, to be included in the annual report,

and shall be prepared in a form that clearly sets out information according to the major businesses or activities of the corporation and its wholly-owned subsidiaries, if any.

(4) In addition to any other requirements under this Act or any other Act of Parliament, the Treasury Board may, by regulation, prescribe the information to be included in annual reports and the form in which that information is to be prepared.

R.S., 1985, c. F-11, s. 150; 1991, c. 24, s. 49(E).

151. (1) The President of the Treasury Board shall, not later than December 31 of each year, cause a copy of an annual consolidated report on the businesses and activities of all parent Crown corporations for their financial years ending on or before the previous July 31 to be laid before each House of Parliament.

(2) An annual consolidated report laid before Parliament pursuant to subsection (1) stands permanently referred to such committee of Parliament as may be designated or established to review matters relating to Crown corporations.

(3) The annual consolidated report referred to in subsection (1) shall include

(a) a list naming, as of a specified date, all Crown corporations and all corporations of which any shares are held by, on behalf of or in trust for the Crown or any Crown corporation;

(b) employment and financial data, including aggregate borrowings of parent Crown corporations; and

(c) such other information as the President of the Treasury Board may determine.

1984, c. 31, s. 11.

152. (1) The President of the Treasury Board shall, not later than December 31 of each year, cause to be laid before each House of Parliament a copy of a report indicating the summaries and annual reports that under this Part were to be laid before that House by July 31 in that year, the time at, before or within which they were to be laid, and the time they were laid before that House.

(2) The accuracy of the information contained in the report referred to in subsection (1) shall be attested by the Auditor General of Canada in the Auditor General's annual report to the House of Commons.

R.S., 1985, c. F-11, s. 152; 1991, c. 24, s. 44.

DIVISION IV
GENERAL

Commercially Detrimental Information

153. (1) Nothing in this Part or the Statutory Instruments Act shall be construed as requiring the tabling before either House of Parliament of any information the publication of which, in the opinion of the appropriate Minister, would be detrimental to the commercial interests of a parent Crown corporation or a wholly-owned subsidiary of a parent Crown corporation.

(2) Where information in a directive is not tabled pursuant to subsection (1), the appropriate Minister shall cause that information to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after he is notified that the directive has been implemented.

(3) Before forming an opinion whether the publication of any information would be detrimental as described in subsection (1), the appropriate Minister shall consult the board of directors of the parent Crown corporation concerned or whose wholly-owned subsidiary is concerned, as the case may be.

(4) Subsection (1) does not apply in respect of the annual auditor's report referred to in subsection 132(1) or the report of an examiner referred to in section 141.

1984, c. 31, s. 11.

Sanction

154. Where a director, chairman or chief executive officer of a Crown corporation has wilfully contravened this Part or the regulations, or has wilfully caused the corporation to contravene this Part or the regulations, the Governor in Council may suspend him, with or without remuneration, for such period as the Governor in Council deems appropriate.

1984, c. 31, s. 11.

DIVISION V
IMPLEMENTATION OF THE NORTH AMERICAN FREE TRADE AGREEMENT

154.1 (1) In exercising its powers and performing its duties, a Crown corporation shall give effect to those provisions of the Agreement that pertain to that corporation.

(2) The Governor in Council may, on the recommendation of the Treasury Board and the appropriate Minister made at the request of a Crown corporation, make such regulations in relation to that corporation as the Governor in Council considers necessary for the purpose of implementing any provision of the Agreement that pertains to that corporation.

(3) In subsections (1) and (2), "Agreement" has the same meaning as in subsection 2(1) of the North American Free Trade Agreement Implementation Act.

1993, c. 44, s. 157.

PART XI
MISCELLANEOUS

155. (1) Where any person is indebted to

(a) Her Majesty in right of Canada, or

(b) Her Majesty in right of a province on account of taxes payable to any province, and an agreement exists between Canada and the province whereby Canada is authorized to collect the tax on behalf of the province,

the appropriate Minister responsible for the recovery or collection of the amount of the indebtedness may authorize the retention of the amount of the indebtedness by way of deduction from or set-off against any sum of money that may be due or payable by Her Majesty in right of Canada to the person or the estate of that person.

(2) Where, in the opinion of the Minister of Finance,

(a) any person is indebted to a province by reason of having received from the province a payment, in respect of which Canada has contributed under any Act, to which that person was not entitled, and

(b) the province has made reasonable efforts to effect recovery of the amount of such indebtedness,

the Minister may require the retention of the amount of the indebtedness by way of deduction from or set-off against any sum of money that may be due and payable by Her Majesty in right of Canada to that person, and the amount so deducted, less the portion thereof that in the opinion of the Minister is proportionate to the contribution in respect thereof made by Canada, may be paid to the province out of the Consolidated Revenue Fund.

(3) The Receiver General may recover any over-payment made out of the Consolidated Revenue Fund on account of salary, wages, pay or pay and allowances out of any sum of money that may be due or payable by Her Majesty in right of Canada to the person to whom the over-payment was made.

(4) No amount may be retained under subsection (1) without the consent of the appropriate Minister under whose responsibility the payment of the sum of money due or payable referred to in that subsection would but for that subsection be made.

R.S., c. F-10, s. 95; 1980-81-82-83, c. 170, s. 21; 1984, c. 31, s. 12.

155.1 (1) Subject to subsections (4) and (5) and except as otherwise provided by or pursuant to any other Act of Parliament, or any regulation, order, contract or arrangement, interest is payable to Her Majesty in accordance with the regulations on any amount owed to Her Majesty

(a) as a result of an overpayment or an erroneous payment; or

(b) under any other Act of Parliament, or any regulation, order, contract or arrangement.

(2) Subject to subsections (4) and (5) and except as otherwise provided by or pursuant to any other Act of Parliament, or any regulation, order, contract or arrangement, an administrative charge is payable in accordance with the regulations where, in payment or settlement of an amount due to Her Majesty, a person

(a) tenders an instrument that is subsequently dishonoured; or

(b) has authorized the direct debiting at a specified time of an account at a financial institution and the debit is not made at the specified time.

(3) Any interest or administrative charge payable pursuant to this section is a debt due to Her Majesty and may be recovered pursuant to section 155 or in any court of competent jurisdiction.

(4) No interest or administrative charge is payable pursuant to this section where the appropriate Minister waives the interest or administrative charge in accordance with the regulations.

(5) Where the appropriate Minister, in accordance with the regulations, reduces any interest or administrative charge that would otherwise be payable pursuant to this section, the reduced interest or administrative charge is the amount payable.

(6) The Treasury Board may make regulations prescribing

(a) rates of interest, or the manner of calculating rates of interest, payable under subsection (1);

(b) administrative charges, or the manner of calculating administrative charges, payable under subsection (2);

(c) terms and conditions for the imposition and payment of interest and administrative charges under this section; and

(d) terms and conditions under which the appropriate Minister may waive or reduce the interest or administrative charges payable pursuant to this section.

(7) Any of the matters referred to in paragraphs (6)(a) to (d) may be prescribed with respect to any class of debts or debtors or with respect to any circumstances giving rise to a debt.

1991, c. 24, s. 45.

156. (1) The appropriate Minister responsible for the recovery or collection of a debt or obligation due or payable to Her Majesty or a claim by Her Majesty may accept any security in respect of the debt, obligation or claim and may realize on the security, assign or sell Her Majesty's interest in it or discharge, release or otherwise dispose of the security or Her Majesty's interest in it.

(2) The power to dispose of any security or Her Majesty's interest in any security pursuant to this section may be exercised with respect to any part of the security or interest.

(3) The Treasury Board may make regulations respecting the acceptance and disposition of security or Her Majesty's interest in security under subsection (1), including regulations prescribing

(a) what may be accepted as security; and

(b) terms and conditions on which security may be accepted or on which security or Her Majesty's interest in security may be realized on or disposed of.

R.S., 1985, c. F-11, s. 156; 1991, c. 24, s. 46.

157. Where it appears to the Governor in Council that any account, statement, return or document required by any Act of Parliament or otherwise to be laid before one or both Houses of Parliament contains the same information as or less information than is contained in the Public Accounts or in any estimates of expenditures submitted to Parliament, the Governor in Council may direct that the account, statement, return or other document be discontinued, and thereafter it need not be prepared or laid before either House of Parliament.

R.S., 1985, c. F-11, s. 157; 1991, c. 24, s. 47.

158. A document purporting to be a copy of an entry in the records of the Treasury Board certified by the Secretary, a Deputy Secretary, or an Assistant Secretary of the Treasury Board or by the Comptroller General of Canada, a Deputy Comptroller General of Canada or by an Assistant Comptroller General of Canada is, without proof of the signature or of the official character of the person purporting to have signed it, admissible in any court of justice and has the same probative force as the original document would have if it were proven in the ordinary way.

R.S., c. F-10, s. 97; 1980-81-82-83, c. 170, s. 22; 1984, c. 31, s. 12.

159. (1) In this section, "other financial institution" means

(a) a member of the Canadian Payments Association, a local cooperative credit society, a fiscal agent or a financial institution with which the Receiver General establishes accounts for the deposit of public money pursuant to subsection 17(2); and

(b) any other financial institution that accepts or receives an instruction for payment issued pursuant to section 35.

(2) No bank or other financial institution shall make a charge

(a) for cashing a cheque or other instrument drawn on the Receiver General or on the Receiver General's account in the Bank of Canada or any other bank or other financial institution;

(b) for honouring or otherwise giving value for any other instruction for payment issued pursuant to section 35; or

(c) in respect of any cheque or other instruction for payment drawn in favour of the Receiver General, the Government of Canada, any department or any public officer in the officer's official capacity, and tendered for deposit to the credit of the Receiver General.

(3) Nothing in subsection (2) shall be construed as prohibiting any arrangement between the Government of Canada and a bank or other financial institution concerning compensation for services performed by the bank or institution for the Government of Canada or interest to be paid on any or all deposits of the Government of Canada with the bank or institution.

R.S., 1985, c. F-11, s. 159; 1991, c. 24, s. 48.

160. The Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect.

R.S., c. F-10, s. 100; 1984, c. 31, s. 12.

161. (1) The appropriate Minister, any public servant employed in a department, any employee of a Crown corporation or any person acting on behalf of a department or Crown corporation who performs duties relating to the management or protection of computer systems of the department or the Crown corporation may take reasonable measures for such purposes, including the interception of private communications in circumstances specified in paragraph 184(2)(e) of the Criminal Code.

(2) Subject to subsection (3), with respect to an interception referred to in subsection (1), the appropriate Minister shall take reasonable measures to ensure that only data that is essential to identify, isolate or prevent harm to the computer system will be used or retained.

(3) Nothing in this section affects any other lawful authority to intercept, use, retain, access or disclose a private communication.

(4) For the purposes this section, "computer system" means a device that, or a group of interconnected or related devices one or more of which,

(a) contains computer programs or other data; and

(b) pursuant to computer programs,

(i) performs logic and control, and

(ii) may perform any other function.

2004, c. 12, s. 20.

SCHEDULE I

(Section 2)

Department of Agriculture and Agri-Food

Ministère de l'Agriculture et de l'Agroalimentaire

Department of Canadian Heritage

Ministère du Patrimoine canadien

Department of Citizenship and Immigration

Ministère de la Citoyenneté et de l'Immigration

Department of the Environment

Ministère de l'Environnement

Department of Finance

Ministère des Finances

Department of Fisheries and Oceans

Ministère des Pêches et des Océans

Department of Foreign Affairs and International Trade

Ministère des Affaires étrangères et du Commerce international

Department of Health

Ministère de la Santé

Department of Human Resources Development

Ministère du Développement des ressources humaines

Department of Indian Affairs and Northern Development

Ministère des Affaires indiennes et du Nord canadien

Department of Industry

Ministère de l'Industrie

Department of Justice

Ministère de la Justice

Department of National Defence

Ministère de la Défense nationale

Department of Natural Resources

Ministère des Ressources naturelles

Department of Public Works and Government Services

Ministère des Travaux publics et des Services gouvernementaux

Department of the Solicitor General

Ministère du Solliciteur général

Department of Transport

Ministère des Transports

Treasury Board

Conseil du Trésor

Department of Veterans Affairs

Ministère des Anciens Combattants

Department of Western Economic Diversification

Ministère de la Diversification de l'économie de l'Ouest canadien

R.S., 1985, c. F-11, Sch. I; R.S., 1985, c. 18 (3rd Supp.), s. 36; 1989, c. 27, s. 21; 1990, c. 1, s. 26; 1991, c. 3, s. 11; 1992, c. 1, ss. 71, 145(F); 1994, c. 31, s. 16, c. 38, ss. 15, 16, c. 41, ss. 23, 24; 1995, c. 1, ss. 40, 41, c. 5, ss. 16, 17, c. 11, ss. 19, 20; 1996, c. 8, ss. 21, 22, c. 11, ss. 54, 55, c. 16, ss. 42, 43; 1999, c. 17, s. 161; 2000, c. 34, s. 94(F).

SCHEDULE I.1

(Sections 2 and 3)

----------------------------------------------------------------------------------------------------------------------------------

1992, c. 1, s. 72; 1993, c. 3, s. 14; SOR/93-84, 298, 359, 536, 537, 538; SI/93-104, 114, 115, 118, 119, 120, 205, 207, 208; 1994, c. 31, s. 17, c. 38, s. 17, c. 41, s. 25; SOR/94-272, 585; 1995, c. 1, ss. 42, 43, c. 5, ss. 18, 19(F), c. 29, ss. 14, 17, 30; SOR/95-594; 1996, c. 8, s. 23, c. 10, ss. 229.1, 229.2, c. 11, ss. 56 to 57.1; SOR/96-101, 102, 355, 386, 452, 537; 1998, c. 9, ss. 42, 43, c. 26, ss. 74, 75, c. 35, s. 122; SOR/98-99, 118, 147; SOR/98-318, s. 1; SOR/98-329, 564; 1999, c. 31, ss. 119 to 121; SOR/99-66, 152; SOR/2000-286; 2001, c. 9, s. 588, c. 29, ss. 53, 54, c. 34, ss. 47, 48; SOR/2001-141, s. 1; SOR/2001-198, 332; 2002, c. 8, ss. 142, 143; SOR/2002-46, 69, 289, 293; 2003, c. 22, s. 247; SOR/2003-145, 146, 419, 420, 424, 425, 431, 433, 436, 437, 441, 442, 443, 444, 445; SOR/2004-21.

SCHEDULE II

(Section 2)

Canada Customs and Revenue Agency

Agence des douanes et du revenu du Canada

Canada Employment Insurance Commission

Commission de l'assurance-emploi du Canada

Canada School of Public Service

École de la fonction publique du Canada

Canadian Centre for Occupational Health and Safety

Centre canadien d'hygiène et de sécurité au travail

Canadian Food Inspection Agency

Agence canadienne d'inspection des aliments

Canadian Institutes of Health Research

Instituts de recherche en santé du Canada

Canadian Nuclear Safety Commission

Commission canadienne de sûreté nucléaire

Canadian Polar Commission

Commission canadienne des affaires polaires

Canadian Transportation Accident Investigation and Safety Board

Bureau canadien d'enquête sur les accidents de transport et de la sécurité des transports

Law Commission of Canada

Commission du droit du Canada

The National Battlefields Commission

Commission des champs de bataille nationaux

National Research Council of Canada

Conseil national de recherches du Canada

National Round Table on the Environment and the Economy

Table ronde nationale sur l'environnement et l'économie

Natural Sciences and Engineering Research Council

Conseil de recherches en sciences naturelles et en génie

Parks Canada Agency

Agence Parcs Canada

Social Sciences and Humanities Research Council

Conseil de recherches en sciences humaines

R.S., 1985, c. F-11, Sch. II; R.S., 1985, c. 22 (1st Supp.), s. 11; SOR/85-108; 1989, c. 3, s. 43; 1990, c. 3, s. 32; 1991, c. 6, s. 23, c. 16, s. 22; 1993, c. 1, ss. 18, 40, c. 31, s. 25; 1996, c. 9, s. 27, c. 11, ss. 58, 59; 1997, c. 6, s. 51, c. 9, ss. 102, 103; 1998, c. 31, s. 50; 1999, c. 17, s. 162, c. 31, s. 122; 2000, c. 6, ss. 43, 44, c. 34, s. 19; 2002, c. 17, s. 16; 2003, c. 22, ss. 253, 254.

SCHEDULE III

(Section 3)

PART I

Atlantic Pilotage Authority

Administration de pilotage de l'Atlantique

Atomic Energy of Canada Limited

Énergie atomique du Canada, Limitée

Blue Water Bridge Authority

Administration du pont Blue Water

Business Development Bank of Canada

Banque de développement du Canada

Canada Deposit Insurance Corporation

Société d'assurance-dépôts du Canada

Canada Lands Company Limited

Société immobilière du Canada Limitée

Canada Mortgage and Housing Corporation

Société canadienne d'hypothèques et de logement

Canadian Air Transport Security Authority

Administration canadienne de la sûreté du transport aérien

Canadian Commercial Corporation

Corporation commerciale canadienne

Canadian Dairy Commission

Commission canadienne du lait

Canadian Museum of Civilization

Musée canadien des civilisations

Canadian Museum of Nature

Musée canadien de la nature

Canadian Tourism Commission

Commission canadienne du tourisme

Cape Breton Development Corporation

Société de développement du Cap-Breton

Defence Construction (1951) Limited

Construction de défense (1951) Limitée

Enterprise Cape Breton Corporation

Société d'expansion du Cap-Breton

Export Development Canada

Exportation et développement Canada

Farm Credit Canada

Financement agricole Canada

The Federal Bridge Corporation Limited

La Société des ponts fédéraux Limitée

Freshwater Fish Marketing Corporation

Office de commercialisation du poisson d'eau douce

Great Lakes Pilotage Authority

Administration de pilotage des Grands Lacs

Laurentian Pilotage Authority

Administration de pilotage des Laurentides

Marine Atlantic Inc.

Marine Atlantique S.C.C.

National Capital Commission

Commission de la capitale nationale

National Gallery of Canada

Musée des beaux-arts du Canada

National Museum of Science and Technology

Musée national des sciences et de la technologie

Pacific Pilotage Authority

Administration de pilotage du Pacifique

Queens Quay West Land Corporation

Queens Quay West Land Corporation

Ridley Terminals Inc.

Ridley Terminals Inc.

Standards Council of Canada

Conseil canadien des normes

VIA Rail Canada Inc.

VIA Rail Canada Inc.

PART II

Canada Development Investment Corporation

Corporation d'investissements au développement du Canada

Canada Post Corporation

Société canadienne des postes

Royal Canadian Mint

Monnaie royale canadienne

R.S., 1985, c. F-11, Sch. III; R.S., 1985, c. 17 (1st Supp.), s. 24, c. 39 (1st Supp.), s. 1, c. 44 (1st Supp.), s. 3, c. 46 (1st Supp.), s. 8; SOR/85-162, 208, 1138; R.S., 1985, c. 15 (2nd Supp.), s. 1, c. 28 (2nd Supp.), s. 2; SOR/86-483, 953; R.S., 1985, c. 9 (3rd Supp.), ss. 1, 2, c. 31 (3rd Supp.), s. 1; SOR/87-128; R.S., 1985, c. 7 (4th Supp.), s. 5, c. 35 (4th Supp.), s. 13, c. 41 (4th Supp.), s. 51; SOR/88-36; SOR/89-295; 1990, c. 3, s. 32; 1991, c. 10, ss. 18, 20, c. 38, ss. 6, 9, 27, 36, 46; SOR/91-460; 1993, c. 1, s. 28; SOR/93-347; 1995, c. 24, s. 18, c. 28, ss. 50, 51, c. 29, s. 82; 1998, c. 10, ss. 173 to 177, 180; SOR/98-565; 2000, c. 28, s. 49; 2001, c. 22, ss. 14, 15, c. 33, ss. 21, 22; 2002, c. 9, s. 3; SOR/2002-173.

AMENDMENTS NOT IN FORCE

-- 1991, c. 10, s. 18(1):

18. (1) Part I of Schedule III to the Financial Administration Act is amended by adding thereto, in alphabetical order, the following:

"Petro-Canada International Assistance Corporation

La Corporation Petro-Canada pour l'assistance internationale"

-- 1991, c. 10, s. 20 (Sch., s. 4):

4. Part I of Schedule III is amended by deleting therefrom the following:

"Petro-Canada International Assistance Corporation

La Corporation Petro-Canada pour l'assistance internationale"

-- 1991, c. 38, s. 43:

43. Part I of Schedule III to the Financial Administration Act is amended by deleting therefrom:

Harbourfront Corporation

Harbourfront Corporation

-- 1998, c. 10, ss. 178, 179:

178. Part I of Schedule III to the Act is amended by adding the following in alphabetical order:

The Jacques-Cartier and Champlain Bridges Inc.

Les Ponts Jacques-Cartier et Champlain Inc.

179. Part I of Schedule III to the Act is amended by adding the following in alphabetical order:

The Seaway International Bridge Corporation, Ltd.

La Corporation du Pont international de la voie maritime, Ltée

-- 1998, c. 21, s. 54:

54. Part II of Schedule III to the Financial Administration Act is amended by striking out the following:

Canada Development Investment Corporation

Corporation d'investissements au développement du Canada

-- 2000, c. 23, s. 19:

19. Part I of Schedule III to the Financial Administration Act is amended by striking out the following:

Cape Breton Development Corporation

Société de développement du Cap-Breton

-- 2003, c. 22, ss. 3 to 11:

3. Section 3 of the Financial Administration Act is amended by adding the following after subsection (6):

(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.

(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.

(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.

4. The Act is amended by adding the following before section 5:

Establishment

5. Section 6 of the Act is replaced by the following:

Public Officers

6. (1) The President of the Treasury Board holds office during pleasure and presides over meetings 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.

(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.

(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.

(5) Subsection (4) does not apply in respect of the Treasury Board's power to delegate under that subsection or to its power to make regulations.

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

(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.

Responsibilities and Powers

6. Paragraph 7(1)(e) of the Act is replaced by the following:

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

7. Subsection 7.1(1) of the English version of the Act is replaced by the following:

7.1 (1) The Treasury Board may establish or enter into a contract to acquire group insurance or benefit programs for the federal public administration or any of its portions, may set any terms and conditions in respect of those programs, including those relating to premiums, contributions, benefits, management and control and expenditures to be made from those premiums and contributions and may audit and pay premiums and make contributions in respect of those programs.

8. Sections 11 and 12 of the Act are replaced by the following:

Human Resources Management

11. (1) The following definitions apply in this section and sections 11.1 to 13.

"core public administration" means the departments named in Schedule I and the other portions of the federal public administration named in Schedule IV.

"deputy head" means

(a) in relation to a department named in Schedule I, its deputy minister;

(b) in relation to any portion of the federal public administration named in Schedule IV, its chief executive officer or, if there is no chief executive officer, the person who occupies the position designated under subsection (2) in respect of that portion;

(c) in relation to a separate agency, its chief executive officer or, if there is no chief executive officer, the person who occupies the position designated under subsection (2) in respect of that separate agency; and

(d) in relation to any portion of the federal public administration designated for the purposes of paragraph (d) of the definition "public service", its chief executive officer or, if there is no chief executive officer, the person who occupies the position designated under subsection (2) in respect of that portion.

"public service" means the several positions in or under

(a) the departments named in Schedule I;

(b) the other portions of the federal public administration named in Schedule IV;

(c) the separate agencies named in Schedule V; and

(d) any other portion of the federal public administration that may be designated by the Governor in Council for the purpose of this paragraph.

"separate agency" means a portion of the federal public administration named in Schedule V.

(2) The Governor in Council may designate any position to be the position of deputy head in respect of

(a) any portion of the federal public administration named in Schedule IV or V for which there is no chief executive officer; and

(b) each portion of the federal public administration designated for the purpose of paragraph (d) of the definition "public service" in subsection (1) for which there is no chief executive officer.

11.1 (1) In the exercise of its human resources management responsibilities under paragraph 7(1)(e), the Treasury Board may

(a) determine the human resources requirements of the public service and provide for the allocation and effective utilization of human resources in the public service;

(b) provide for the classification of positions and persons employed in the public service;

(c) determine and regulate the pay to which persons employed in the public service are entitled for services rendered, the hours of work and leave of those persons and any related matters;

(d) determine and regulate the payments that may be made to persons employed in the public service by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their employment;

(e) subject to the Employment Equity Act, establish policies and programs with respect to the implementation of employment equity in the public service;

(f) establish policies or issue directives respecting the exercise of the powers granted by this Act to deputy heads in the core public administration and the reporting by those deputy heads in respect of the exercise of those powers;

(g) establish policies or issue directives respecting

(i) the manner in which deputy heads in the core public administration may deal with grievances under the Public Service Labour Relations Act to which they are a party, and the manner in which they may deal with them if the grievances are referred to adjudication under subsection 209(1) of that Act, and

(ii) the reporting by those deputy heads in respect of those grievances;

(h) establish policies or issue directives respecting the disclosure by persons employed in the public service of information concerning wrongdoing in the public service and the protection from reprisal of persons who disclose such information in accordance with those policies or directives;

(i) establish policies or issue directives respecting the prevention of harassment in the workplace and the resolution of disputes relating to such harassment; and

(j) provide for any other matters, including terms and conditions of employment not otherwise specifically provided for in this section, that it considers necessary for effective human resources management in the public service.

(2) The powers of the Treasury Board in relation to any of the matters specified in subsection (1)

(a) do not extend to any matter that is expressly determined, fixed, provided for, regulated or established by any Act otherwise than by the conferring of powers in relation to those matters on any authority or person specified in that Act; and

(b) do not include or extend to

(i) any power specifically conferred on the Public Service Commission under the Public Service Employment Act, or

(ii) any process of human resources selection required to be used under the Public Service Employment Act or authorized to be used by the Public Service Commission under that Act.

11.2 (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.

(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.

12. (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.

(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.

(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.

12.1 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.

12.2 (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.

(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.

12.3 (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).

(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).

12.4 (1) As soon as possible after the end of each fiscal year, the President of the Treasury Board must prepare and cause to be laid before each House of Parliament a report concerning the administration of sections 11 to 12.3 in that year in respect of the core public administration and every portion of the federal public administration designated for the purpose of paragraph (d) of the definition "public service" in subsection 11(1).

(2) The President of the Treasury Board may, in respect of any fiscal year, prepare a single report concerning the matters referred to in subsection (1) and those referred to in subsections 21(1) and (2) of the Employment Equity Act if he or she considers it appropriate to do so.

9. (1) Subsection 13(1) of the English version of the Act is replaced by the following:

13. (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.

(2) Subsection 13(2) of the Act is replaced by the following:

(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.

10. Schedule I to the Act is amended by replacing the section reference after the heading "SCHEDULE I" with the following:

(Sections 2 and 11)

11. The Act is amended by adding, after Schedule III, the schedules set out in Schedule 1 to this Act.

-- 2003, c. 22, Sch. 1:

SCHEDULE 1

(Section 11)

SCHEDULE IV

(Sections 3 and 11)

PORTIONS OF THE CORE PUBLIC ADMINISTRATION

Atlantic Canada Opportunities Agency

Agence de promotion économique du Canada atlantique

Canada Industrial Relations Board

Conseil canadien des relations industrielles

Canada School of Public Service

École de la fonction public du Canada

Canadian Artists and Producers Professional Relations Tribunal

Tribunal canadien des relations professionnelles artistes-producteurs

Canadian Dairy Commission

Commission canadienne du lait

Canadian Environmental Assessment Agency

Agence canadienne d'évaluation environnementale

Canadian Forces Grievance Board

Comité des griefs des Forces canadiennes

Canadian Grain Commission

Commission canadienne des grains

Canadian Human Rights Commission

Commission canadienne des droits de la personne

Canadian Human Rights Tribunal

Tribunal canadien des droits de la personne

Canadian Intergovernmental Conference Secretariat

Secrétariat des conférences intergouvernementales canadiennes

Canadian International Development Agency

Agence canadienne de développement international

Canadian International Trade Tribunal

Tribunal canadien du commerce extérieur

Canadian Radio-television and Telecommunications Commission

Conseil de la radiodiffusion et des télécommunications canadiennes

Canadian Space Agency

Agence spatiale canadienne

Canadian Transportation Accident Investigation and Safety Board

Bureau canadien d'enquête sur les accidents de transport et de la sécurité des transports

Canadian Transportation Agency

Office des transports du Canada

Civil Aviation Tribunal

Tribunal de l'aviation civile

Communication Canada

Communication Canada

Competition Tribunal

Tribunal de la concurrence

Copyright Board

Commission du droit d'auteur

Correctional Service of Canada

Service correctionnel du Canada

Director of Soldier Settlement

Directeur de l'établissement de soldats

The Director, The Veterans' Land Act

Directeur des terres destinées aux anciens combattants

Energy Supplies Allocation Board

Office de répartition des approvisionnements d'énergie

Hazardous Materials Information Review Commission

Conseil de contrôle des renseignements relatifs aux matières dangereuses

Immigration and Refugee Board

Commission de l'immigration et du statut de réfugié

International Joint Commission (Canadian Section)

Commission mixte internationale (section canadienne)

Law Commission of Canada

Commission du droit du Canada

Military Police Complaints Commission

Commission d'examen des plaintes concernant la police militaire

NAFTA Secretariat -- Canadian Section

Secrétariat de l'ALÉNA -- Section canadienne

National Archives of Canada

Archives nationales du Canada

National Farm Products Council

Conseil national des produits agricoles

National Library

Bibliothèque nationale

National Parole Board

Commission nationale des libérations conditionnelles

Office of Indian Residential Schools Resolution of Canada

Bureau du Canada sur le règlement des questions des pensionnats autochtones

Office of Infrastructure of Canada

Bureau de l'infrastructure du Canada

Office of the Chief Electoral Officer

Bureau du directeur général des élections

Office of the Commissioner for Federal Judicial Affairs

Bureau du commissaire à la magistrature fédérale

Office of the Commissioner of Official Languages

Commissariat aux langues officielles

Office of the Co-ordinator, Status of Women

Bureau de la coordonnatrice de la situation de la femme

Office of the Governor-General's Secretary

Secrétariat du gouverneur général

Office of the Superintendent of Bankruptcy

Bureau du surintendant des faillites

Offices of the Information and Privacy Commissioners of Canada

Commissariats à l'information et à la protection de la vie privée du Canada

Patented Medicine Prices Review Board

Conseil d'examen du prix des médicaments brevetés

Prairie Farm Rehabilitation Administration

Administration du rétablissement agricole des Prairies

Privy Council Office

Bureau du Conseil privé

Public Service Commission

Commission de la fonction publique

Public Service Staffing Tribunal

Tribunal de la dotation de la fonction publique

Royal Canadian Mounted Police

Gendarmerie royale du Canada

Royal Canadian Mounted Police External Review Committee

Comité externe d'examen de la Gendarmerie royale du Canada

Royal Canadian Mounted Police Public Complaints Commission

Commission des plaintes du public contre la Gendarmerie royale du Canada

Staff of the Federal Court

Personnel de la Cour fédérale

Staff of the Supreme Court

Personnel de la Cour suprême

Statistics Canada

Statistique Canada

Tax Court of Canada

Cour canadienne de l'impôt

Veterans Review and Appeal Board

Tribunal des anciens combattants (révision et appel)

SCHEDULE V

(Sections 3 and 11)

SEPARATE AGENCIES

Canada Customs and Revenue Agency

Agence des douanes et du revenu du Canada

Canada Investment and Savings

Placements Épargne Canada

Canadian Food Inspection Agency

Agence canadienne d'inspection des aliments

Canadian Institutes of Health Research

Instituts de recherche en santé du Canada

Canadian Nuclear Safety Commission

Commission canadienne de sûreté nucléaire

Canadian Polar Commission

Commission canadienne des affaires polaires

Canadian Security Intelligence Service

Service canadien du renseignement de sécurité

Communications Security Establishment, Department of National Defence

Centre de la sécurité des télécommunications, ministère de la Défense nationale

Financial Consumer Agency of Canada

Agence de la consommation en matière financière du Canada

Financial Transactions and Reports Analysis Centre of Canada

Centre d'analyse des opérations et déclarations financières du Canada

Indian Oil and Gas Canada

Pétrole et gaz des Indiens Canada

National Capital Commission

Commission de la capitale nationale

National Energy Board

Office national de l'énergie

National Film Board

Office national du film

National Research Council of Canada

Conseil national de recherches du Canada

National Round Table on the Environment and the Economy

Table ronde nationale sur l'environnement et l'économie

Natural Sciences and Engineering Research Council

Conseil de recherches en sciences naturelles et en génie

Northern Pipeline Agency

Administration du pipe-line du Nord

Office of the Auditor General of Canada

Bureau du vérificateur général du Canada

Office of the Correctional Investigator of Canada

Bureau de l'enquêteur correctionnel du Canada

Office of the Superintendent of Financial Institutions

Bureau du surintendant des institutions financières

Parks Canada Agency

Agence Parcs Canada

Public Service Labour Relations Board

Commission des relations de travail dans la fonction publique

Security Intelligence Review Committee

Comité de surveillance des activités de renseignement de sécurité

Social Sciences and Humanities Research Council

Conseil de recherches en sciences humaines

Staff of the Non-Public Funds, Canadian Forces

Personnel des fonds non publics, Forces canadiennes

Statistics Survey Operations

Opérations des enquêtes statistiques

-- 2003, c. 22, s. 67:

67. Every portion of the public service of Canada designated by the Governor in Council before the day on which section 8 of this Act comes into force to be part of the public service for the purposes of sections 11, 12 and 13 of the Financial Administration Act is deemed to be a 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) of the Financial Administration Act, as enacted by section 8 of this Act.

-- 2003, c. 22, s. 168:

168. The reference to "Public Service Staff Relations Board" in column I of Schedule I.1 to the Financial Administration Act is replaced by a reference to "Public Service Labour Relations Board".

-- 2003, c. 22, para. 224(z.37):

224. The expression "public service of Canada" is replaced by the expression "federal public administration" wherever it occurs in the English version of the following provisions:

...

(z.37) paragraph (a.1) of the definition "appropriate Minister", paragraph (a.1) of the definition "department" and the definition "public officer" in section 2, paragraph 3(1)(a), subsections 3(1.1) to (1.3), paragraphs 7(1)(a) and (b) and 10(b) and (f), section 28, subsections 30(4) and 34(1), the heading of column I in Schedule I.1 and the reference to "Registrar of the Supreme Court of Canada and that portion of the public service of Canada appointed under subsection 12(2) of the Supreme Court Act" in column I of Schedule I.1 to the Financial Administration Act;

...

-- 2003, c. 22, s. 239:

239. Subsection 12.4(2) of the Financial Administration Act is replaced by the following:

(2) The President of the Treasury Board may, in respect of any fiscal year, prepare a single report concerning the matters referred to in subsection (1) and those referred to in subsections 21(1) and (2) of the Employment Equity Act or those referred to in section 28 of the Public Service Employment Act if he or she considers it appropriate to do so.

-- 2003, c. 22, ss. 264, 265:

264. On the later of the coming into force of section 109 of the Courts Administration Services Act and subsection 11(1) of the Financial Administration Act, as enacted by section 8 of this Act,

(a) paragraphs (b) and (c) of the definition "deputy head" in subsection 11(1) of the Financial Administration Act, as enacted by section 8 of this Act, are replaced by the following:

(b) in relation to any portion of the federal public administration named in Schedule IV, its chief executive officer or, if there is no chief executive officer, its statutory deputy head or, if there is neither, the person who occupies the position designated under subsection (2) in respect of that portion;

(c) in relation to a separate agency, its chief executive officer or, if there is no chief executive officer, its statutory deputy head or, if there is neither, the person who occupies the position designated under subsection (2) in respect of that separate agency; and

(b) subsection 11(1) of the Financial Administration Act, as enacted by section 8 of this Act, is amended by adding the following in alphabetical order:

"statutory deputy head" means any officer who, by any Act of Parliament, is or is deemed to be a deputy head or who has, or is deemed to have, the rank of a deputy head.

265. If subsection 2(1) of the Transportation Appeal Tribunal of Canada Act comes into force before the day on which the section 11 of this Act comes into force, then, on the day on which section 11 of this Act comes into force, Schedule IV to the Financial Administration Act is amended by

(a) striking out the following:

Civil Aviation Tribunal

Tribunal de l'aviation civile

(b) adding the following in alphabetical order:

Transportation Appeal Tribunal of Canada

Tribunal d'appel des transports du Canada

-- 2003, c. 22, s. 267:

267. If section 3 of the Courts Administration Service Act comes into force before the day on which the section 11 of this Act comes into force, then, on the day on which section 11 of this Act comes into force, Schedule IV to the Financial Administration Act is amended

(a) by striking out the following:

Staff of the Federal Court

Personnel de la Cour fédérale

Tax Court of Canada

Cour canadienne de l'impôt

(b) by adding the following in alphabetical order:

Courts Administration Service

Service administratif des tribunaux judiciaires

-- 2003, c. 22, ss. 278(1), (8), (9):

278. (1) Subsections (2) to (9) apply if Bill C-6, introduced in the 2nd Session of the 37th Parliament and entitled the Specific Claims Resolution Act (the "other Act"), receives royal assent.

...

(8) If section 82 of the other Act is not in force on the day on which section 11 of this Act comes into force, then, on that day,

(a) the other Act is amended by adding the following after section 80:

80.1 Schedule V to the Act is amended by adding the following in alphabetical order:

Canadian Centre for the Independent Resolution of First Nations Specific Claims

Centre canadien du règlement indépendant des revendications particulières des premières nations

...

(9) If section 11 of this Act is not in force on the day on which section 82 of the other Act comes into force, then, on that day, Schedule V to the Financial Administration Act, as enacted by section 11 of this Act, is amended by adding the following in alphabetical order:

Canadian Centre for the Independent Resolution of First Nations Specific Claims

Centre canadien du règlement indépendant des revendications particulières des premières nations

-- 2003, c. 23, s. 80:

80. Schedule I.1 to the Financial Administration Act is amended by adding the following in alphabetical order in column I:

Canadian Centre for the Independent Resolution of First Nations Specific Claims

Centre canadien du règlement indépendant des revendications particulières des premières nations

and a corresponding reference in column II to the "Minister of Indian Affairs and Northern Development".

-- 2004, c. 2, s. 74:

74. Schedule II to the Financial Administration Act is amended by adding the following in alphabetical order:

Assisted Human Reproduction Agency of Canada

Agence canadienne de contrôle de la procréation assistée

-- 2004, c. 7, s. 8:

8. (1) Paragraph (c) of the definition "appropriate minister" in section 2 of the Financial Administration Act is replaced by the following:

(c) with respect to the Senate and the office of the Senate Ethics Officer, the Speaker of the Senate, with respect to the House of Commons, the Board of Internal Economy, with respect to the office of the Ethics Commissioner, the Speaker of the House of Commons, and with respect to the Library of Parliament, the Speakers of the Senate and the House of Commons,

(2) Paragraph (c) of the definition "department" in section 2 of the Act is replaced by the following:

(c) the staffs of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Ethics Commissioner, and

-- 2004, c. 11, ss. 29, 30:

29. Schedule I.1 to the Financial Administration Act is amended by striking out the references in column I to

National Archives of Canada

Archives nationales du Canada

National Library

Bibliothèque nationale

and the corresponding references in column II to the "Minister of Canadian Heritage".

30. Schedule I.1 to the Act is amended by adding the following in alphabetical order in column I:

Library and Archives of Canada

Bibliothèque et Archives du Canada

and a corresponding reference in column II to the "Minister of Canadian Heritage".

-- 2004, c. 11, ss. 54(1), (3):

54. (1) Subsections (2) to (5) apply if Bill C-25, introduced in the 2nd session of the 37th Parliament and entitled the Public Service Modernization Act (the "other Act"), receives royal assent.

...

(3) On the later of the coming into force of section 4 of this Act and section 11 of the other Act, Schedule IV to the Financial Administration Act, as enacted by section 11 of the other Act, is amended

(a) by striking out the following:

National Archives of Canada

Archives nationales du Canada

National Library

Bibliothèque nationale

(b) by adding the following in alphabetical order:

Library and Archives of Canada

Bibliothèque et Archives du Canada

RELATED PROVISIONS

-- R.S., 1985, c. 27 (2nd Supp.), s. 11:

"11. Proceedings to which any of the provisions amended by the schedule apply that were commenced before the coming into force of section 10 shall be continued in accordance with those amended provisions without any further formality."

-- 1990, c. 17, s. 45(1):

"45. (1) Every proceeding commenced before the coming into force of this subsection and in respect of which any provision amended by this Act applies shall be taken up and continued under and in conformity with that amended provision without any further formality."

-- 1991, c. 24, s. 52:

"52. Orders of the Governor in Council and of the appropriate Minister made under paragraph 19(b) of the Financial Administration Act before the day on which this Act is assented to

(a) are not inconsistent with paragraph 19(1)(b) of the said Act, as enacted by section 6 of this Act, by reason only that they apply notwithstanding the provisions of any Act relating to a service or the use of a facility; and

(b) continue to apply notwithstanding those provisions."

-- 1998, c. 30, s. 10:

10. Every proceeding commenced before the coming into force of this section and in respect of which any provision amended by sections 12 to 16 applies shall be taken up and continued under and in conformity with that amended provision without any further formality.