GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Financial Administration Act — F-11 17
Public money 17 (1) Subject to this Part, all public money shall be deposited to the credit of the Receiver General. Establishment of accounts (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. Record of public money (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. Duty of persons collecting public money (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. Regulations (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
Financial Administration Act — F-11 17.1
Definition of collection agency 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. Payment to collection agency (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
Financial Administration Act — F-11 19
Charges for services or use of facilities 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. Amount not to exceed cost (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. By whom payable (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
Financial Administration Act — F-11 19.1
Charges for rights and privileges 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
Financial Administration Act — F-11 19.2
Adjustment of amounts 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. Notice of adjusted amount (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
Financial Administration Act — F-11 19.3
Regulations subject to other Acts 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
Financial Administration Act — F-11 20
Return of deposits 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. Return of money (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. Return of non-public money (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
Financial Administration Act — F-11 21
Money received for special purpose 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. Interest (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
Financial Administration Act — F-11 22
Money paid in respect of proceedings in Parliament 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
Financial Administration Act — F-11
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; ( autre dette )
Financial Administration Act — F-11
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; ( pénalité )
Financial Administration Act — F-11
tax includes any tax, impost, duty or toll payable to Her Majesty, imposed or authorized to be imposed by any Act of Parliament. ( taxes )
Financial Administration Act — F-11 24
Payment out of C.R.F. 24 (1) Remissions granted under this Act or any other Act of Parliament may be paid out of the Consolidated Revenue Fund. Report in Public Accounts (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
Financial Administration Act — F-11 24.1
Forgiveness of debts and obligations 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. Debts, etc., included in statement of assets and liabilities (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. Forgiveness may be conditional (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)
Financial Administration Act — F-11 24.2
Report in Public Accounts 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
Financial Administration Act — F-11 25
Debt write-off regulations 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. Exception (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. Effect of write-off (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. Report in Public Accounts (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)
Financial Administration Act — F-11 26
Payments out of C.R.F. 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
Financial Administration Act — F-11 27
Estimates 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
Financial Administration Act — F-11 28
Warrant of Governor General 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 federal public administration 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); 2003, c. 22, s. 224(E)
Financial Administration Act — F-11 29
Payment of guarantee 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. Authority for guarantee (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
Financial Administration Act — F-11 29.1
Expenditure of revenues by departmental corporations 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. Expenditure by departments (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. Amendment of 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. Limitation (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
Financial Administration Act — F-11 29.2
Internal support services 29.2 (1) A department may provide internal support services to and receive internal support services from one or more other departments, and the provision of those services may be through collaboration among departments. Written agreement (2) Any department providing internal support services to another department must enter into an agreement in writing with that department respecting those services. Exception (3) Subsection (1) does not authorize a department to provide internal support services if, under an Act of Parliament, order of the Governor in Council or direction of Treasury Board, (a) those services may only be provided by another department or body; (b) departments must obtain those services from another department or body; or (c) it is precluded from doing so. Definition of internal support services (4) In this section, internal support services means administrative activities that support (a) human resources management services; (b) financial management services; (c) information management services; (d) information technology services; (e) communications services; (f) real property services; (g) materiel services; (h) acquisition services; or (i) any other administrative service that is designated by order of the Governor in Council. 2011, c. 15, s. 34
Financial Administration Act — F-11 30
Payments urgently required 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 60 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. No special warrants when Parliament prorogued (1.1) The Governor in Council shall not, in the 60 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. Special warrant (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. Publication and report (3) Every warrant issued under this section shall be published in the Canada Gazette within 30 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 15 days after the commencement of the next ensuing session of Parliament. Subsequent appropriation (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 federal public administration for a fiscal year. (5) [Repealed, 1997, c. 5, s. 1] R.S., 1985, c. F-11, s. 30; 1997, c. 5, s. 1; 2003, c. 22, s. 224(E) 2020, c. 4, s. 1
Financial Administration Act — F-11 31
Appropriation allotments 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. Allotments not to be varied without approval (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. Departmental control of allotments (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)
Financial Administration Act — F-11 31.1
Credits transferred 31.1 If an order is made under section 2 of the Public Service Rearrangement and Transfer of Duties Act , all of the unexpended money authorized by an Act of Parliament to be paid and applied for the purposes of any power, duty or function or control or supervision of a portion of the federal public administration that is transferred as a result of the operation of sections 2 and 3 of that Act is deemed to have been appropriated for the purposes of the power, duty, function, control or supervision to the department in, or portion of, the federal public administration to which it has been transferred. 2011, c. 15, s. 35
Financial Administration Act — F-11 32
Control of commitments 32 (1) No contract or other arrangement providing for a payment shall be entered into unless, to discharge any debt that will be due under the contract or other arrangement during the fiscal year in which the contract or other arrangement is entered into, there is a sufficient unencumbered balance available out of (a) an appropriation by Parliament to which the payment will be charged; (b) an item included in estimates then before the House of Commons to which the payment will relate; (c) a commitment limit in an appropriation Act to which the payment will relate; or (d) revenues received or estimated revenues set out in estimates, in the case of a payment that will be charged to an authority — under an appropriation Act or any other Act of Parliament — to expend revenues. Record of commitments (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); 2017, c. 33, s. 261
Financial Administration Act — F-11 33
Requisitions 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. Form (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. When requisition not to be made (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. Reference to Treasury Board (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