GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
First Nations Oil and Gas and Moneys Management Act — F-11.9 50
Audit of statements 50 (1) Financial statements prepared under section 48 or 49 shall be audited, in accordance with the generally accepted auditing standards of the Chartered Professional Accountants of Canada, by an auditor who is a member in good standing of an institute or association of accountants incorporated under the laws of a province. Access to statements (2) Financial statements, as audited under subsection (1), shall be made available to first nation members within 120 days after the end of the fiscal year, and a copy shall be provided to any member on payment of a fee not exceeding the cost of providing the copy. 2005, c. 48, s. 50; 2017, c. 26, s. 62
First Nations Oil and Gas and Moneys Management Act — F-11.9 51
Expropriation by Canada 51 (1) Rights or interests under a contract, or other rights and interests in relation to oil or gas in a managed area, may be expropriated by Her Majesty in right of Canada for the use of a federal department or agency in accordance with the Expropriation Act and with the consent of the Governor in Council. Compensation in land (2) Compensation awarded to a first nation for the expropriation of a right or an interest under subsection (1) may be in the form of land of equal or greater value. Compensation for reduced revenues (3) For greater certainty, when a right or an interest is expropriated under subsection (1), any reduction in fees, rates, rents or royalties, including royalties in kind, or any other revenues, that would have been payable to the first nation in respect of the right or interest shall be taken into account in determining the compensation payable to the first nation under the Expropriation Act .
First Nations Oil and Gas and Moneys Management Act — F-11.9 52
Prosecutions 52 (1) Offences for the contravention of a first nation’s oil and gas laws may be prosecuted by the first nation. Prosecutors (2) A first nation may, in the prosecution of offences for the contravention of its oil and gas laws, (a) retain its own prosecutors; (b) enter into an agreement with a provincial government for the use of provincial prosecutors; or (c) enter into an agreement with the federal government for the use of agents engaged by that government. Attorneys General (3) This section does not preclude the prosecution of offences by the Attorney General of Canada or by the attorney general of a province.
First Nations Oil and Gas and Moneys Management Act — F-11.9 53
Disposition of fines and property 53 A fine imposed on a person convicted of an offence under a first nation’s oil and gas laws shall be paid to the first nation, and any property forfeited by virtue of such a conviction shall be transferred to the first nation.
First Nations Oil and Gas and Moneys Management Act — F-11.9 54
Indian Act 54 (1) As of a first nation’s transfer date, the following do not apply in relation to the issuing of contracts in respect of the first nation’s managed area: (a) sections 23, 28, 29, 34, 35, 37 to 41, 53, 54, 58 to 60 and 93 of the Indian Act ; (b) any regulations made under section 57 of that Act; and (c) any regulations made under sections 42 and 73 of that Act, to the extent that those regulations are inconsistent with or conflict with the first nation’s oil and gas code or its oil and gas laws. Indian Act (2) Sections 61 to 69 of the Indian Act do not apply in respect of oil and gas moneys of a first nation as of the first nation’s transfer date. Indian Act (3) Subsection 89(1.1) of the Indian Act continues to apply in respect of leasehold interests in any first nation land that was designated land on the first nation’s transfer date. Application (4) A first nation’s oil and gas laws may extend the application of subsection 89(1.1) of the Indian Act , or any portion of it, to leasehold interests under contracts.
First Nations Oil and Gas and Moneys Management Act — F-11.9 55
Non-application 55 The Framework Agreement on First Nation Land Management Act and the Indian Oil and Gas Act do not apply in relation to oil and gas exploration or exploitation in a first nation’s managed area as of the first nation’s transfer date. 2005, c. 48, s. 55 2022, c. 19, s. 129
First Nations Oil and Gas and Moneys Management Act — F-11.9 56
Environmental assessment laws 56 In the event of a conflict between a first nation’s oil and gas laws and any federal law providing for the environmental assessments of projects in their application to a project, the federal law prevails to the extent of the conflict.
First Nations Oil and Gas and Moneys Management Act — F-11.9 57
Other environmental laws 57 In the event of a conflict between a first nation’s oil and gas laws and any federal law relating to the protection of the environment, the federal law prevails to the extent of the conflict.
First Nations Oil and Gas and Moneys Management Act — F-11.9 58
Labour laws 58 This Act does not affect the application of any federal law in relation to labour relations, working conditions or occupational health and safety.
First Nations Oil and Gas and Moneys Management Act — F-11.9 59
Inconsistencies among first nation laws 59 In the event of a conflict between oil and gas laws and the provisions of a law made by a first nation or its council under any other Act, the oil and gas laws prevail to the extent of the conflict.
First Nations Oil and Gas and Moneys Management Act — F-11.9 60
Indian Act 60 Sections 61 to 69 of the Indian Act do not apply in respect of moneys paid out of the Consolidated Revenue Fund to a first nation under section 30 or 31 of this Act.
First Nations Oil and Gas and Moneys Management Act — F-11.9 61
Financial Administration Act 61 Moneys paid out of the Consolidated Revenue Fund to a first nation under section 30 or 31 are not public moneys within the meaning of the Financial Administration Act .
First Nations Oil and Gas and Moneys Management Act — F-11.9 62
Regulations 62 The Governor in Council may make regulations (a) governing the conduct of a vote under section 17 or 18 , including (i) the content of the question to be put to voters, (ii) the information that must be provided to first nation members and other persons, respectively, before a vote and the periods during which it must be provided, and (iii) the extent to which legal and financial advice must be provided or made available to first nation members before a vote; (b) for the purposes of subsections 26 (2) and 34 (3), (i) establishing a register for the registration of contracts, (ii) providing for the transfer of existing contracts to that register from the Reserve Land Register maintained under section 21 of the Indian Act or, in the case of a first nation to which the Framework Agreement on First Nation Land Management Act applies, from the First Nation Lands Register , within the meaning of subsection 2(2) of that Act, and (iii) respecting the effects of registering contracts in the register, including the priorities attached to registration; (c) setting the minimal requirements of oil and gas laws made in relation to the protection of the environment, including by the incorporation by reference of provincial laws as amended from time to time; (d) setting the minimal requirements of oil and gas laws made in relation to the conservation of oil and gas, including by the incorporation by reference of provincial laws as amended from time to time; and (e) in the absence of an agreement with the government of a province referred to in section 43 , establishing bodies, or designating existing bodies, to administer oil and gas laws that incorporate laws of the province. 2005, c. 48, s. 62 2022, c. 19, s. 130
First Nations Oil and Gas and Moneys Management Act — F-11.9 63
Environmental assessment laws 63 (1) The Governor in Council may, on the recommendation of the Minister and the Minister of the Environment, make regulations respecting the content of oil and gas laws made in relation to environmental assessments, including (a) the types or stages of environmental assessments, the circumstances in which each type or stage is to be conducted and the required elements of each type or stage; (b) the appointment of persons or bodies that are to carry out each type or stage of assessment and the qualifications of persons appointed to those bodies; (c) the factors to be considered in an assessment in determining whether a project should be recommended to proceed, to proceed with conditions or not to proceed or be referred to another stage of assessment; (d) the powers and duties of decision-making authorities in relation to a project that has been assessed; (e) the powers of persons or bodies referred to in paragraph (b) to compel witnesses to appear before them and give evidence, and to compel the production of documents; (f) the participation of the public in each type or stage of assessment; (g) access by the public to, and the confidentiality of, information that is submitted, collected or generated in an assessment; (h) the immunity from liability of persons or bodies referred to in paragraph (b); and (i) the kinds of exploration activities that are defined as projects for the purposes of assessments. Exemptions from assessment (2) The Governor in Council may, on the recommendation of the Minister and the Minister of the Environment, make regulations authorizing a first nation in its oil and gas laws to exempt from environmental assessment any class of project that (a) ought not to be assessed, in the opinion of the Governor in Council, for reasons of national security; (b) relates to installations used for oil or gas exploration or exploitation and will, in the opinion of the Governor in Council, have insignificant environmental effects; or (c) has a total cost that is less than an amount prescribed by those regulations and meets environmental conditions prescribed by those regulations. Comparable standards (3) The requirements of any regulations made under subsection (1) must be generally comparable with those applicable in similar circumstances under the Impact Assessment Act . 2005, c. 48, s. 63; 2012, c. 19, s. 62 2019, c. 28, s. 188
First Nations Oil and Gas and Moneys Management Act — F-11.9 Order in council
Order in council * 64 This Act comes into force on a day to be fixed by order of the Governor in Council. * [Note: Act in force April 1, 2006, see SI/2006-56.]
Financial Administration Act — F-11 1
Short title 1 This Act may be cited as the Financial Administration Act . R.S., c. F-10, s. 1
Financial Administration Act — F-11 2
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; ( fonds publics ) public officer includes a minister of the Crown and any person employed in the federal public administration; ( fonctionnaire public ) public property means all property, other than money, belonging to Her Majesty in right of Canada; ( biens publics ) registrar means a registrar appointed under Part IV and includes the Bank of Canada; ( agent comptable ) 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; ( valeurs ou titres ) security certificate means a tangible certificate issued by or on behalf of Her Majesty representing part of the public debt of Canada; ( certificat de valeur ) 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; ( bon du Trésor ) 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. ( billet du Trésor ) 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); 2003, c. 22, s. 224(E); 2004, c. 7, s. 8; 2006, c. 9, s. 7; 2015, c. 36, s. 125; 2017, c. 20, s. 160
Financial Administration Act — F-11 (a)
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 federal public administration 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 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 Conflict of Interest and Ethics Commissioner, the Speaker of the House of Commons, and with respect to the Library of Parliament, the Parliamentary Protective Service and the office of the Parliamentary Budget Officer, 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); ( ministre compétent )
Financial Administration Act — F-11
appropriation means any authority of Parliament to pay money out of the Consolidated Revenue Fund; ( crédit )
Financial Administration Act — F-11
Auditor General of Canada means the officer appointed pursuant to subsection 3(1) of the Auditor General Act ; ( vérificateur général )
Financial Administration Act — F-11
authorized agent means any person authorized by the Minister to accept subscriptions for or make sales of securities; ( agent agréé )
Financial Administration Act — F-11
Consolidated Revenue Fund means the aggregate of all public moneys that are on deposit at the credit of the Receiver General; ( Trésor )
Financial Administration Act — F-11
Crown corporation has the meaning assigned by subsection 83(1); ( société d’État )
Financial Administration Act — F-11 (a)
department means (a) any of the departments named in Schedule I, (a.1) any of the divisions or branches of the federal public administration 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, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service and office of the Parliamentary Budget Officer, and (d) any departmental corporation; ( ministère )
Financial Administration Act — F-11
departmental corporation means a corporation named in Schedule II; ( établissement public )
Financial Administration Act — F-11
fiscal agent means a fiscal agent appointed under Part IV and includes the Bank of Canada; ( agent financier )
Financial Administration Act — F-11
fiscal year means the period beginning on April 1 in one year and ending on March 31 in the next year; ( exercice )
Financial Administration Act — F-11
Minister means the Minister of Finance; ( ministre )
Financial Administration Act — F-11
money includes negotiable instruments; ( fonds )
Financial Administration Act — F-11
negotiable instrument includes any cheque, draft, traveller’s cheque, bill of exchange, postal note, money order, postal remittance and any other similar instrument; ( effet de commerce )
Financial Administration Act — F-11
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; ( valeur sans certificat )
Financial Administration Act — F-11
parent Crown corporation has the meaning assigned by subsection 83(1); ( société d’État mère )
Financial Administration Act — F-11 (a)
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; ( fonds publics )
Financial Administration Act — F-11
public officer includes a minister of the Crown and any person employed in the federal public administration; ( fonctionnaire public )
Financial Administration Act — F-11
public property means all property, other than money, belonging to Her Majesty in right of Canada; ( biens publics )
Financial Administration Act — F-11
registrar means a registrar appointed under Part IV and includes the Bank of Canada; ( agent comptable )
Financial Administration Act — F-11
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; ( valeurs ou titres )
Financial Administration Act — F-11
security certificate means a tangible certificate issued by or on behalf of Her Majesty representing part of the public debt of Canada; ( certificat de valeur )
Financial Administration Act — F-11
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; ( bon du Trésor )
Financial Administration Act — F-11
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. ( billet du Trésor )
Financial Administration Act — F-11 3
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 . Application of Canada Labour Code (9) The exclusion of a corporation from the operation of Part I of the Canada Labour Code ceases to have effect if the corporation’s name is deleted from Schedule IV or V without a corresponding addition to the other one of those two schedules. Schedule VI (10) The Governor in Council may, by order, (a) add to Part I of Schedule VI the name of any department named in Schedule I; (b) add to Part II or III of Schedule VI the name of any department and a reference to the accounting officer for the department; (c) amend Part II or III of Schedule VI by replacing a reference to the accounting officer for a department with a new reference; (d) move from Part II to Part III of Schedule VI, or from Part III to Part II of that Schedule, the name of a department and the reference to its accounting officer; (e) amend Part I, II or III of Schedule VI by replacing the former name of a department with the new name; and (f) delete the name of a department and the reference to its accounting officer from Part I, II or III of Schedule VI, where the department has ceased to exist or become part of another department. R.S., 1985, c. F-11, s. 3; 1991, c. 24, s. 1; 1992, c. 1, s. 70; 1999, c. 31, s. 99; 2003, c. 22, ss. 3, 224(E); 2006, c. 9, s. 257
Financial Administration Act — F-11 4
Tabling order 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. Reference to committee (2) An order laid before a House of Parliament pursuant to subsection (1) stands referred to such committee of that House as may be designated or established by that House for the purpose. Delay (3) An order laid before a House of Parliament pursuant to subsection (1) shall come into force on the thirty-first sitting day after the order has been laid before both Houses of Parliament or on such later day as is specified in the order. Definition of sitting day (4) In this section, sitting day means a day on which either House of Parliament is sitting. R.S., 1985, c. F-11, s. 4; 1999, c. 31, s. 100(F)
Financial Administration Act — F-11 5
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. Composition of committee (2) The Treasury Board shall, in addition to the President of the Treasury Board, consist of the Minister and four other members of the Queen’s Privy Council for Canada to be nominated from time to time by the Governor in Council. Alternate members (3) The Governor in Council may nominate such additional members of the Queen’s Privy Council for Canada as he sees fit to be alternates to serve in the place of members of the Treasury Board. Rules and procedures (4) Subject to this Act and any directions of the Governor in Council, the Treasury Board may determine its own rules and procedures. R.S., c. F-10, s. 3
Financial Administration Act — F-11 7.1
Group insurance and benefit programs 7.1 (1) The Treasury Board may establish or modify any group insurance or other benefit programs for employees of the federal public administration and any other persons or classes of persons it may designate to be members of those programs, may take any measure necessary for that purpose, including contracting for services, may set any terms and conditions in respect of those programs, including those relating to premiums, contributions, benefits, management, control and expenditures and may audit and make payments in respect of those programs, including payments relating to premiums, contributions, benefits and other expenditures. Remainder of Act does not apply (2) This Act, other than this section, does not apply to any contributions or other payments made or premiums paid by the Treasury Board or the members in respect of any program established or modified pursuant to subsection (1) or any benefits received by the members of such a program. 1996, c. 18, s. 3; 2003, c. 22, s. 7(E); 2005, c. 30, ss. 132, 134(E)