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

Marginal note:Incorporation

• 60.3 (1) If, in the Minister’s opinion, it is necessary to promote the stability or maintain the efficiency of the financial system in Canada, the Minister may, during the period beginning on the day on which this subsection comes into force and ending on September 30, 2020, with the Governor in Council’s authorization, procure the incorporation of a corporation, all of the shares of which are held by the Minister on behalf of Her Majesty in right of Canada.

• Marginal note:Not agent of Her Majesty

  (2) The corporation is not an agent of Her Majesty in right of Canada unless it is declared to be an agent of Her Majesty under an Act of Parliament.

• Marginal note:Application of Part X

  (3) Subject to any regulations made under subsection (4), Part X does not apply to the corporation.

• Marginal note:Regulations

  (4) The Minister may make regulations respecting the governance of the corporation, including regulations that adapt any provisions of this Act or the Canada Business Corporations Act and any regulations made under those Acts for the purpose of applying those provisions as adapted to the corporation.

• Marginal note:Directives

  (5) The Minister may give a directive to the corporation.

• Marginal note:Implementation

  (6) The directors of the corporation shall ensure that a directive is implemented in a prompt and efficient manner.

• Marginal note:Best interests

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

• Marginal note:Terms and conditions

  (8) The Minister may, by order, establish terms and conditions in accordance with which the corporation shall enter into financial transactions.

• Marginal note:Contract with Her Majesty

  (9) The corporation may enter into a contract with Her Majesty in right of Canada.

• Marginal note:Payments out of C.R.F.

  (10) The Minister may make payments to the corporation out of the Consolidated Revenue Fund, at the times and in the manner that the Minister considers appropriate.

• Marginal note:Loans to corporation

  (11) The Minister may, out of the Consolidated Revenue Fund, lend money to the corporation on any terms and conditions that the Minister may fix.

• Marginal note:Powers of Minister

  (12) The Minister may merge, sell, wind-up or dissolve the corporation, dispose of any or all shares of the corporation or take other similar measures in respect of the corporation.

• Marginal note:Statutory Instruments Act

  (13) The Statutory Instruments Act does not apply to a directive given under subsection (5) or to an order made under subsection (8).

• Marginal note:Publication in Canada Gazette

  (14) The Minister shall publish a directive given under subsection (5) or an order made under subsection (8) in the Canada Gazette.

Marginal note:Entity other than corporation

• 60.4 (1) If, in the Minister’s opinion, it is necessary to promote the stability or maintain the efficiency of the financial system in Canada, the Minister may, during the period beginning on the day on which this subsection comes into force and ending on September 30, 2020, with the Governor in Council’s authorization, establish an entity, other than a corporation, on any terms and conditions that the Minister considers appropriate.

• Marginal note:Payments out of C.R.F.

  (2) The Minister may make payments to the entity out of the Consolidated Revenue Fund, at the times and in the manner that the Minister considers appropriate.

• Marginal note:Loans to entity

  (3) The Minister may, out of the Consolidated Revenue Fund, lend money to the entity on any terms and conditions that the Minister may fix.

PART VPublic Property

Marginal note:Transfers, etc., of 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.

• Marginal note:Regulations

  (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.

Marginal note:Management of public property

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.

PART VIPublic Accounts

Marginal note:Accounts of Canada

• 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.

• Marginal note:Assets and liabilities

  (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.

• Marginal note:Accounts in Canadian currency

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

Marginal note:Submission of Public Accounts to Parliament

• 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.

• Marginal note:Contents of Public Accounts

  (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.

Marginal note:Ministers to provide records, etc.

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.

Marginal note:Quarterly financial reports

• 65.1 (1) Every department shall cause to be prepared, in the form and manner provided for by the Treasury Board, a quarterly financial report for each of the first three fiscal quarters of each fiscal year.

• Marginal note:Contents

  (2) The report shall contain

  • (a) a financial statement for the fiscal quarter and the period from the start of the fiscal year to the end of that fiscal quarter;

  • (b) comparative financial information for the preceding fiscal year; and

  • (c) a statement outlining the results, risks and significant changes in relation to operations, personnel and programs.

• Marginal note:Report to be made public

  (3) The appropriate Minister shall cause the report to be made public within 60 days after the end of the fiscal quarter to which the report relates.

• Marginal note:Regulations

  (4) The Treasury Board may, by regulation, exempt a department from the requirement set out in subsection (1) or provide that any of the content referred to in subsection (2) be excluded from its report.

PART VIIAssignment of Crown Debts

Marginal note:Definitions

66 In this Part,

appropriate paying officer

appropriate paying officer, in relation to a Crown debt, means the paying officer who makes the payments in respect of that debt; (agent payeur compétent)

contract

contract means a contract involving the payment of money by the Crown; (marché)

Crown

Crown means Her Majesty in right of Canada; (Sa Majesté)

Crown debt

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; (créance sur Sa Majesté)

paying officer

paying officer means any person designated as such by regulation; (agent payeur)

prescribed

prescribed means prescribed by regulation. (Version anglaise seulement)

Marginal note:General prohibition

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.

Marginal note:Assignments of specified Crown debts

• 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.

• Marginal note:Conditions for validity

  (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.

• Marginal note:Effect of assignment

  (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.

• Marginal note:Original conditions and restrictions

  (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.

• Marginal note:Salary, wages, pay and allowances not assignable

  (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.

Marginal note:Notice of assignment

• 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.

• Marginal note:When notice deemed served

  (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.