GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Financial Administration Act — F-11 7.2
Incorporation by letters patent 7.2 (1) On the recommendation of the National Joint Council of the Public Service, the President of the Treasury Board may issue letters patent of incorporation that take effect on the date stated in them for a corporation without share capital that is charged with the administration of any group insurance or benefit program described in subsection 7.1(1). Content of letters patent (2) The letters patent must set out (a) the name of the corporation; (b) the programs described in subsection 7.1(1) in respect of which the corporation is charged with the administration; (c) the objects and powers of the corporation necessary for it to fulfil its purpose under subsection (1); (d) the appointment and the operations of the corporation’s board of directors; (e) the corporation’s reporting obligations; (f) the corporation’s obligations with respect to audits of its accounts and financial transactions by an independent auditor; (g) the code of conduct for the corporation’s directors and officers; and (h) any other provision that is necessary to fulfil the corporation’s purpose. Supplementary letters patent (3) The President of the Treasury Board may, on the recommendation of the National Joint Council of the Public Service, after consulting with the board of directors, issue supplementary letters patent amending the corporation’s letters patent and the supplementary letters patent take effect on the date stated in them. Statutory Instruments Act (4) The corporation’s letters patent and supplementary letters patent are not regulations within the meaning of the Statutory Instruments Act . However, they must be published in the Canada Gazette . Capacity of a natural person (5) The corporation has, subject to its letters patent and this Act, the capacity of a natural person. Status of corporation (6) The corporation is neither a Crown corporation nor an agent of Her Majesty. 2005, c. 30, s. 132
Financial Administration Act — F-11 7.3
Board of directors 7.3 The corporation’s board of directors consists of (a) one director appointed by the President of the Treasury Board, on the recommendation of the National Joint Council of the Public Service, who is the chairperson; (b) one director appointed by the President of the Treasury Board, on the recommendation of the National Joint Council of the Public Service, who, in the opinion of the President, represents the pensioners; (c) four directors appointed by the President of the Treasury Board; and (d) four directors appointed by that portion of the National Joint Council of the Public Service that represents the employees. 2005, c. 30, s. 132
Financial Administration Act — F-11 7.4
Regulations 7.4 The Treasury Board may make regulations respecting the governance of the corporation, including regulations that adapt any provisions of the Canada Business Corporations Act and the Canada Not-for-profit Corporations Act and any regulations made under those Acts for the purpose of applying those provisions as adapted to the corporation. 2005, c. 30, s. 132; 2009, c. 23, ss. 327, 353
Financial Administration Act — F-11 8
Subject to directions of Governor in Council 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
Financial Administration Act — F-11 9
Form of accounts of Canada 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. Land management and development records and plans (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. Production of documents (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. Idem (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
Financial Administration Act — F-11 10
Regulations 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 federal public administration 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 federal public administration. R.S., 1985, c. F-11, s. 10; 1991, c. 24, s. 50(F); 1996, c. 18, s. 4; 2003, c. 22, s. 224(E)
Financial Administration Act — F-11 11
Definitions 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. ( administration publique centrale ) 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, 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 (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. ( administrateur général ) 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. ( fonction publique ) separate agency means a portion of the federal public administration named in Schedule V. ( organisme distinct ) 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. ( administrateur général au titre de la loi ) Designation of certain deputy heads (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. 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); 2003, c. 22, ss. 8, 264
Financial Administration Act — F-11
core public administration means the departments named in Schedule I and the other portions of the federal public administration named in Schedule IV. ( administration publique centrale )
Financial Administration Act — F-11 (a)
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, 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 (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. ( administrateur général )
Financial Administration Act — F-11 (a)
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. ( fonction publique )
Financial Administration Act — F-11
separate agency means a portion of the federal public administration named in Schedule V. ( organisme distinct )
Financial Administration Act — F-11
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. ( administrateur général au titre de la loi )
Financial Administration Act — F-11 11.2
Delegation by Governor in Council 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. Sub-delegation (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. 2003, c. 22, s. 8
Financial Administration Act — F-11 12
Powers of deputy heads in core public administration 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. Powers of other deputy heads (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. For cause (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. R.S., 1985, c. F-11, s. 12; 1995, c. 17, s. 7; 1996, c. 18, s. 6; 2003, c. 22, s. 8
Financial Administration Act — F-11 12.1
Limitation 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. 2003, c. 22, s. 8
Financial Administration Act — F-11 12.2
Delegation by deputy head 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. Sub-delegation (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. 2003, c. 22, s. 8
Financial Administration Act — F-11 12.3
National Joint Council agreements 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). Accrued benefits (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). 2003, c. 22, s. 8
Financial Administration Act — F-11 13
Right or power of Governor in Council not affected 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. Restriction (2) If a person has made a complaint with respect to a security assessment to the National Security and Intelligence Review Agency, that person may not be dismissed by the Governor in Council until after the completion of the investigation in relation to that complaint. Order to be conclusive proof (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); 2003, c. 22, s. 9 2019, c. 13, s. 26
Financial Administration Act — F-11 14
Department established 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
Financial Administration Act — F-11 15
Minister 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
Financial Administration Act — F-11 15.1
Advisory and other committees 15.1 (1) The Minister may establish advisory and other committees and provide for their membership, duties, functions and operation. Remuneration and expenses (2) Members of a committee may be paid for their services the remuneration and expenses that the Governor in Council may determine. 2008, c. 28, s. 153
Financial Administration Act — F-11 16
Deputy head 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
Financial Administration Act — F-11 16.1
Audit capacity 16.1 The deputy head or chief executive officer of a department is responsible for ensuring an internal audit capacity appropriate to the needs of the department. 2006, c. 9, s. 259
Financial Administration Act — F-11 16.2
Audit committees 16.2 Subject to and except as otherwise provided in any directives issued by the Treasury Board under paragraph 7(1)(e.2), the deputy head or chief executive officer of a department shall establish an audit committee for the department. 2006, c. 9, s. 259
Financial Administration Act — F-11 16.21
Appointment 16.21 (1) A person who does not occupy a position in the federal public administration but who meets the qualifications established by directive of the Treasury Board may be appointed to an audit committee by the Treasury Board on the recommendation of the President of the Treasury Board. Term of office (2) A member of an audit committee so appointed holds office during pleasure for a term not exceeding four years, which may be renewed for a second term. Remuneration (3) A member of an audit committee so appointed shall be paid the remuneration and expenses fixed by the Treasury Board. 2006, c. 9, s. 259
Financial Administration Act — F-11 16.3
Definition of accounting officer 16.3 In sections 16.4 and 16.5, accounting officer (a) with respect to a department named in Part I of Schedule VI, means its deputy minister; and (b) with respect to a department named in Part II or III of Schedule VI, means the person occupying the position set out opposite that name. 2006, c. 9, s. 259
Financial Administration Act — F-11 16.4
Accountability of accounting officers within framework of ministerial accountability 16.4 (1) Within the framework of the appropriate minister’s responsibilities and his or her accountability to Parliament, and subject to the appropriate minister’s management and direction of his or her department, the accounting officer of a department named in Part I of Schedule VI is accountable before the appropriate committees of the Senate and the House of Commons for (a) the measures taken to organize the resources of the department to deliver departmental programs in compliance with government policies and procedures; (b) the measures taken to maintain effective systems of internal control in the department; (c) the signing of the accounts that are required to be kept for the preparation of the Public Accounts pursuant to section 64; and (d) the performance of other specific duties assigned to him or her by or under this or any other Act in relation to the administration of the department. Accountability of accounting officers within framework of ministerial accountability (2) Within the framework of the appropriate minister’s responsibilities under the Act or order constituting the department and his or her accountability to Parliament, the accounting officer of a department named in Part II or III of Schedule VI is accountable before the appropriate committees of the Senate and the House of Commons for (a) the measures taken to organize the resources of the department to deliver departmental programs in compliance with government policies and procedures; (b) the measures taken to maintain effective systems of internal control in the department; (c) the signing of the accounts that are required to be kept for the preparation of the Public Accounts pursuant to section 64; and (d) the performance of other specific duties assigned to him or her by or under this or any other Act in relation to the administration of the department. Appearance before committee (3) The obligation of an accounting officer under this section is to appear before the appropriate committee of the Senate or the House of Commons and answer questions put to him or her by members of the committee in respect of the carrying out of the responsibilities and the performance of the duties referred to in subsection (1) or (2), as the case may be. 2006, c. 9, s. 259
Financial Administration Act — F-11 16.5
Written guidance from Secretary 16.5 (1) Where the appropriate minister and the accounting officer for a department named in Part I or II of Schedule VI are unable to agree on the interpretation or application of a policy, directive or standard issued by the Treasury Board, the accounting officer shall seek guidance in writing on the matter from the Secretary of the Treasury Board. Referral to Treasury Board (2) Where guidance is provided under subsection (1) and the matter remains unresolved, the appropriate minister shall refer the matter to the Treasury Board for a decision. Copy to Auditor General (3) A decision by the Treasury Board shall be in writing and a copy shall be provided to the Auditor General of Canada. Cabinet confidence (4) The copy of a decision provided to the Auditor General of Canada is a confidence of the Queen’s Privy Council for Canada for the purposes of any Act of Parliament. 2006, c. 9, s. 259