GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Financial Administration Act — F-11 142
Examiner 142 (1) Subject to subsection (2), a special examination referred to in section 138 shall be carried out by the auditor of a Crown corporation. Examiner (2) Where, in the opinion of the Governor in Council, a person other than the auditor of a 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 (3) [Repealed, 2005, c. 30, s. 39] Applicable provisions (4) Subject to subsection (5), sections 135 and 137 apply in respect of an examiner as though the references therein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. Auditor General eligible (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. R.S., 1985, c. F-11, s. 142; 2005, c. 30, s. 39
Financial Administration Act — F-11 143
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
Financial Administration Act — F-11 144
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. Idem (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. Reliance on reports (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)
Financial Administration Act — F-11 145
Restriction 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
Financial Administration Act — F-11 146
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 Crown corporation has qualified privilege. R.S., 1985, c. F-11, s. 146; 1991, c. 24, s. 43; 2005, c. 30, s. 40
Financial Administration Act — F-11 147
Cost of audit and examinations 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. Idem (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
Financial Administration Act — F-11 148
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, none of whom may be officers or employees of the corporation or any of its affiliates. Idem (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. Duties (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. Auditor’s or examiner’s attendance (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. Calling meeting (5) The auditor or examiner of a parent Crown corporation or a member of the audit committee may call a meeting of the committee. Wholly-owned subsidiary (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); 2006, c. 9, s. 268
Financial Administration Act — F-11 149
Accounts, etc., to Treasury Board or appropriate Minister 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. Report on material developments (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. Report on wholly-owned subsidiaries (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
Financial Administration Act — F-11 150
Annual report 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. Reference to committee (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. Form and contents (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. Idem (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)
Financial Administration Act — F-11 151
Consolidated quarterly reports 151 (1) The President of the Treasury Board shall, as soon as feasible after the end of each fiscal quarter of each fiscal year, make public a consolidated quarterly report on the business and activities of all parent Crown corporations, based on the quarterly financial reports that have been made public under subsection 131.1(3), and the annual reports of those corporations that were laid before Parliament under subsection 150(1), in that fiscal quarter. Contents (2) The consolidated quarterly report shall include (a) a list naming all Crown corporations; (b) the names of all or any corporations of which any shares are held by, on behalf of or in trust for the Crown or a Crown corporation, as the President of the Treasury Board considers appropriate; (c) financial data in respect of the parent Crown corporations, including their aggregate borrowings; (d) information indicating, in respect of the summaries and annual reports that were to be laid before each House of Parliament under this Part during the fiscal quarter to which the consolidated quarterly report relates, the time at, before or within which they were to be laid and the time that they were in fact laid before that House; (e) a list naming any parent Crown corporation that does not make public a report as required by subsection 131.1(3), if the 60-day period to do so ends in the fiscal quarter to which the consolidated quarterly report relates; and (f) any other information that the President of the Treasury Board may require. R.S., 1985, c. F-11, s. 151; 2012, c. 19, s. 220
Financial Administration Act — F-11 153
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. Tabling (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. Consultation (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. Exception (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
Financial Administration Act — F-11 154
Contravention of Act or regulations 154 Where a director, chairperson 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. R.S., 1985, c. F-11, s. 154; 2005, c. 30, s. 133(E)
Financial Administration Act — F-11 154.01
Fraud against Her Majesty 154.01 (1) A director, officer or employee of a Crown corporation who, by deceit, falsehood or other fraudulent means, in connection with the collection, management or disbursement of money belonging to the corporation, defrauds the corporation of any money, securities, property or service is guilty of an indictable offence and liable on conviction (a) if the amount of the money or the value of the securities, property or service does not exceed $5,000, to a fine not exceeding $5,000 and to imprisonment for a term not exceeding five years; or (b) if the amount of the money or the value of the securities, property or service exceeds $5,000, to a fine not exceeding that amount or that value and to imprisonment for a term not exceeding fourteen years. Employment (2) A person who is convicted of an offence under subsection (1) in respect of a corporation is, after the time for final appeal has expired, ineligible to be an employee of the corporation. 2006, c. 9, s. 269
Financial Administration Act — F-11 155
Deduction and set-off 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. Payments in respect of which Canada has contributed (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. Recovery of over-payment (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. Consent of other Minister (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
Financial Administration Act — F-11 155.1
Interest on amounts owed to Her Majesty 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. Administrative charge (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. Debt due to Her Majesty (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. No interest or administrative charge payable (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. Reduced interest or administrative charge payable (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. Regulations (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. Idem (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
Financial Administration Act — F-11 156
Acceptance and release of security 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. Partial disposition (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. Regulations (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
Financial Administration Act — F-11 157
Information already in Public Accounts or estimates 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
Financial Administration Act — F-11 158
Proof of Treasury Board records 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
Financial Administration Act — F-11 159
Definition of other financial institution 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. No charge for certain cheques, etc. (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. Deposits of the Government of Canada, etc. (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. Disclosure of information (4) Any bank or other financial institution of a class prescribed by regulations that accepts for deposit an instrument or instruction for payment described in subsection (2) must disclose any information prescribed by regulations made under subsection 160(2) in any statement of account or other transaction record that is provided to the holder of the account receiving the deposit. R.S., 1985, c. F-11, s. 159; 1991, c. 24, s. 48 2024, c. 17, s. 180