GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Financial Administration Act — F-11 72
Definitions 72 In this Part, Crown means Her Majesty in right of Canada or any agent of Her Majesty in right of Canada and includes a Crown corporation and a departmental corporation; ( Sa Majesté ) payment bond means a bond held by the Crown as security for the payment of certain classes of persons who perform labour or services or supply material in connection with a contract between the Crown and a contractor. ( cautionnement ) R.S., 1985, c. F-11, s. 72; 1991, c. 24, s. 50(F)
Financial Administration Act — F-11
Crown means Her Majesty in right of Canada or any agent of Her Majesty in right of Canada and includes a Crown corporation and a departmental corporation; ( Sa Majesté )
Financial Administration Act — F-11
payment bond means a bond held by the Crown as security for the payment of certain classes of persons who perform labour or services or supply material in connection with a contract between the Crown and a contractor. ( cautionnement )
Financial Administration Act — F-11 73
Assignment of Crown right under payment bond 73 (1) Where an amount is due to the Crown under the provisions of a payment bond, a person who (a) performed labour or services or supplied material in connection with the contract in respect of which the payment bond is held, (b) is within a class of persons for the payment of which the payment bond is held as security, and (c) has not been paid in full for the labour or services performed or material supplied by him in connection with the contract within the time provided in the payment bond for payment to the class of persons of which that person is a member, is, without any act by or notice by or to the Crown, an assignee of the right of the Crown to recover an amount under the payment bond determined pursuant to subsection (2). Amount recoverable (2) The amount that may be recovered by a person referred to in subsection (1) shall be equal to the lesser of the amount due to that person for the labour or services performed or material supplied by him under the contract and the amount due to the Crown under the provisions of the payment bond. Crown not a party to action (3) A person who is an assignee of the right of the Crown to recover an amount under a payment bond may, in his own name, exercise the right that, but for this Act, the Crown would have had to bring action to enforce payment under the payment bond in accordance with its terms and conditions and the Crown shall be neither a party to, nor liable for any costs in connection with, that action. R.S., 1985, c. F-11, s. 73; 1991, c. 24, s. 50(F)
Financial Administration Act — F-11 74
Provision of certified copy of payment bond 74 (1) A copy of a payment bond certified by the officer of the Crown having custody of the original payment bond shall be provided by that officer to any person who files with him an affidavit setting out that the person has performed labour or services or supplied material in connection with the contract for which the bond is held and that he has not been paid in full therefor. Certified copy as evidence (2) A document purporting to be a copy of a payment bond certified by the officer of the Crown having custody of the original payment bond is, without proof of the signature of the officer, admissible in evidence in any court of justice, or before a person having by law or by consent of parties authority to hear, receive and examine evidence in any action taken by a person under this Part, and has the same probative force as the original document would have if it were proven in the ordinary way. R.S., 1985, c. F-11, s. 74; 1991, c. 24, s. 50(F)
Financial Administration Act — F-11 75
Regulations 75 The Governor in Council, on the recommendation of the Treasury Board, may make regulations for carrying into effect the purposes and provisions of this Part. R.S., c. F-10, s. 88
Financial Administration Act — F-11 76
Notice to persons failing to pay over public money 76 (1) Where the appropriate Minister or the Receiver General believes on reasonable grounds that any person (a) has received money for Her Majesty and has not duly paid it over, (b) has received money for which the person is accountable to Her Majesty and has not duly accounted for it, or (c) has received any public money applicable to any purpose and has not duly applied it, the appropriate Minister or the Receiver General, as the case may be, may cause a notice to be served on that person, or on the person’s representative in case of the person’s death, requiring the person, within such time after the service of the notice as may be named therein, duly to pay over, account for or apply that money, as the case may be, and to transmit to the appropriate Minister or the Receiver General, as the notice provides, proper vouchers that the person has done so. Proceedings where notice not complied with (2) Where a person does not comply with a notice served under subsection (1), the appropriate Minister or the Receiver General, as the case may be, shall state an account between that person and Her Majesty showing the amount of money not duly paid over, accounted for or applied, as the case may be, and may charge interest on the whole or any part of that amount from such date as the appropriate Minister or the Receiver General may determine and at such rate as may be prescribed pursuant to subsection 155.1(6). Evidence (3) In any proceedings for the recovery of money referred to in subsection (2), a copy of the account stated and certified by the appropriate Minister or the Receiver General is evidence that the amount stated in the account, together with interest, is due and payable to Her Majesty, without proof of the signature of the appropriate Minister or the Receiver General or the official character of the office. Recovery (4) Any amount of money referred to in subsection (1) and the interest on that amount may be recovered as a debt due to Her Majesty. R.S., 1985, c. F-11, s. 76; 1991, c. 24, ss. 20, 50(F); 1999, c. 31, s. 114(F)
Financial Administration Act — F-11 77
Evidence 77 Where it appears by the books or accounts kept by or in the office of any person employed in the collection or management of the revenue, in any accounting by that person or by his written acknowledgment or confession, that that person has, by virtue of his office or employment, received money belonging to Her Majesty and refused or neglected to pay over that money to the proper persons at the proper times, an affidavit deposing to those facts, taken by any person having knowledge thereof, shall, in any proceedings for the recovery of that money, be admitted in evidence and is, in the absence of any evidence to the contrary, proof of the facts stated therein. R.S., c. F-10, s. 90
Financial Administration Act — F-11 78
Liability for loss 78 Where, by reason of any malfeasance or negligence by any person employed in collecting or receiving any public money, any sum of money is lost to Her Majesty, that person is accountable for the sum as if that person had collected and received it and it may be recovered from that person as if that person had collected and received it. R.S., c. F-10, s. 91; 1980-81-82-83, c. 170, s. 19
Financial Administration Act — F-11 79
Regulations in respect of losses of money and public property 79 The Governor in Council, on the recommendation of the Treasury Board, may make regulations (a) prescribing the actions to be taken in respect of losses of money or public property, however caused, suffered by Her Majesty; (b) respecting the charging of losses of money suffered by Her Majesty against the appropriations to which they relate; and (c) prescribing the records to be kept and providing for the reporting in the Public Accounts in respect of every loss referred to in paragraph (a). 1980-81-82-83, c. 170, s. 19
Financial Administration Act — F-11 80
Offences and punishment 80 (1) Every officer or person acting in any office or employment connected with the collection, management or disbursement of public money who (a) receives any compensation or reward for the performance of any official duty, except as by law prescribed, (b) conspires or colludes with any other person to defraud Her Majesty, or makes opportunity for any person to defraud Her Majesty, (c) designedly permits any contravention of the law by any other person, (d) wilfully makes or signs any false entry in any book, or wilfully makes or signs any false certificate or return in any case in which it is the duty of that officer or person to make an entry, certificate or return, (e) having knowledge or information of the contravention of this Act or the regulations or any revenue law of Canada by any person, or of fraud committed by any person against Her Majesty, under this Act or the regulations or any revenue law of Canada, fails to report, in writing, that knowledge or information to a superior officer, or (f) demands or accepts or attempts to collect, directly or indirectly, as payment or gift or otherwise, any sum of money, or other thing of value, for the compromise, adjustment or settlement of any charge or complaint for any contravention or alleged contravention of law, is guilty of an indictable offence and liable on conviction to a fine not exceeding five thousand dollars and to imprisonment for a term not exceeding five years. Fraud against Her Majesty (2) Every officer or person acting in any office or employment connected with the collection, management or disbursement of public money who, by deceit, falsehood or other fraudulent means, defrauds Her Majesty 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. R.S., 1985, c. F-11, s. 80; 2006, c. 9, s. 261
Financial Administration Act — F-11 81
Idem, where bribes offered or accepted 81 Every person who (a) promises, offers or gives any bribe to any officer or any person acting in any office or employment connected with the collection, management or disbursement of public money, with intent (i) to influence the decision or action of that officer or person on any question or matter that is then pending, or may, by law, be brought before him in his official capacity, or (ii) to influence that officer or person to commit, or aid or abet in committing any fraud on the revenue, or to connive at, collude in, or allow or permit any opportunity for the commission of any such fraud, or (b) accepts or receives any such bribe, is guilty of an indictable offence and liable on conviction to a fine not exceeding three times the amount so offered or accepted and to imprisonment for any term not exceeding five years. R.S., c. F-10, s. 93
Financial Administration Act — F-11 82
Books, etc., property of Her Majesty 82 All books, papers, accounts and documents kept or used by, or received or taken into the possession of, any officer or person who is or has been employed in the collection or management of the revenue or in accounting for the revenue, by virtue of that employment, shall be deemed to be chattels belonging to Her Majesty, and all money or valuable securities received or taken into the possession of that officer or person by virtue of his employment shall be deemed to be money and valuable securities belonging to Her Majesty. R.S., c. F-10, s. 94
Financial Administration Act — F-11
agent corporation means a Crown corporation that is expressly declared by or pursuant to any other Act of Parliament to be an agent of the Crown; ( société mandataire )
Financial Administration Act — F-11
appoint includes elect and designate; ( nomination )
Financial Administration Act — F-11 (a)
appropriate Minister means, (a) in relation to a parent Crown corporation, (i) the Minister specified by or pursuant to any other Act of Parliament as the Minister in respect of that corporation, or (ii) if no Minister is specified as described in subparagraph (i), such member of the Queen’s Privy Council for Canada as is designated by order of the Governor in Council as the appropriate Minister for the corporation, and (b) in relation to a wholly-owned subsidiary, the appropriate Minister, as defined in paragraph (a), for the parent Crown corporation that wholly owns the subsidiary; ( ministre de tutelle )
Financial Administration Act — F-11 (a)
articles means (a) original or restated articles of incorporation, articles of amendment, articles of amalgamation, articles of continuance, articles of reorganization, articles of arrangement, articles of dissolution and articles of revival, and includes any amendments thereto, and (b) letters patent, memorandum of association and any constating documents or other documents of a like nature to those referred to in paragraph (a), and includes any amendments thereto; ( statuts )
Financial Administration Act — F-11
auditor includes a partnership of auditors; ( vérificateur )
Financial Administration Act — F-11
board of directors means a board of directors, by whatever name called, of a corporation and includes a group of persons, other than a minister of the Crown, that constitutes a corporation; ( conseil d’administration )
Financial Administration Act — F-11
by-law means a by-law, by whatever name called, of a corporation and includes an amendment or a repeal of a by-law; ( règlements administratifs )
Financial Administration Act — F-11
chairperson means a person occupying the position of chairperson, by whatever name called, of the board of directors of a corporation; ( président )
Financial Administration Act — F-11 (a)
charter means (a) in relation to a corporation established by an Act of Parliament, the Act, and (b) in relation to a corporation established by articles, the articles; ( acte constitutif )
Financial Administration Act — F-11
corporation includes a company or other body corporate wherever or however incorporated; ( personne morale )
Financial Administration Act — F-11
Crown corporation means a parent Crown corporation or a wholly-owned subsidiary; ( société d’État )
Financial Administration Act — F-11
directive [Repealed, 1991, c. 24, s. 21]
Financial Administration Act — F-11
director means a person occupying the position of director, by whatever name called, of a corporation and includes any person, other than a minister of the Crown, in a group of persons that constitutes a corporation; ( administrateur )
Financial Administration Act — F-11
major business or activity , in relation to a parent Crown corporation or a wholly-owned subsidiary, means a class of business or activity of the corporation or subsidiary established pursuant to subsection (10) or, if no classes are so established, all the business or activity of the corporation or subsidiary; ( activités principales )
Financial Administration Act — F-11
parent Crown corporation means a corporation that is wholly owned directly by the Crown, but does not include a departmental corporation; ( société d’État mère )
Financial Administration Act — F-11
regulations means the regulations made under this Part; ( règlements )
Financial Administration Act — F-11
share includes a membership interest or ownership interest in a corporation; ( action )
Financial Administration Act — F-11
wholly-owned subsidiary means a corporation that is wholly owned by one or more parent Crown corporations directly or indirectly through any number of subsidiaries each of which is wholly owned directly or indirectly by one or more parent Crown corporations. ( filiale à cent pour cent )
Financial Administration Act — F-11 84
Binding on the Crown 84 For greater certainty, this Part is binding on the Crown. 1984, c. 31, s. 11
Financial Administration Act — F-11 85
Exemption for Bank of Canada 85 (1) Divisions I to IV, except for sections 89.8 to 89.92, 131.1 and 154.01, do not apply to the Bank of Canada. Exemption for Canada Pension Plan Investment Board (1.01) Divisions I to IV, except for section 154.01, do not apply to the Canada Pension Plan Investment Board. Exempted Crown corporations (1.1) Divisions I to IV, except for sections 89.8 to 89.92, subsection 105(2) and sections 113.1, 119, 131 to 148 and 154.01, do not apply to the Canada Council for the Arts, the Canadian Broadcasting Corporation, the International Development Research Centre or the National Arts Centre Corporation. Exemption for Telefilm Canada (1.2) Divisions I to IV, except for sections 89.8 to 89.92, subsection 105(2) and sections 113.1, 119, 131 to 148 and 154.01 and subject to subsection 21(2) of the Telefilm Canada Act , do not apply to Telefilm Canada. Exemption for RCMP and security services (2) Divisions I to IV do not apply to any Crown corporation incorporated or acquired, with the written authorization of the appropriate Minister, (a) by or on behalf of the Royal Canadian Mounted Police for the purpose of performing its functions under the laws of Canada; (a.1) by or on behalf of the Communications Security Establishment for the purpose of performing its functions under the Communications Security Establishment Act ; or (b) by or on behalf of any service established by an Act of Parliament to collect information and intelligence respecting the security of Canada. Exemption for federal member institution (2.1) Divisions I to IV do not apply to a member institution, as defined in section 2 of the Canada Deposit Insurance Corporation Act , any shares of which are held by the Canada Deposit Insurance Corporation as the result of the granting of an exemption referred to in section 10.01 of that Act. (3) and (4) [Repealed, 2016, c. 7, s. 163] R.S., 1985, c. F-11, s. 85; R.S., 1985, c. 46 (1st Supp.), s. 7; 1992, c. 26, s. 18; 1993, c. 1, s. 9, c. 44, s. 156; 1997, c. 40, s. 108; 1998, c. 17, s. 31; 2001, c. 11, s. 6, c. 34, s. 16; 2002, c. 17, s. 14; 2005, c. 14, s. 8, c. 30, ss. 35, 51; 2006, c. 9, s. 262; 2009, c. 2, ss. 257, 369, c. 31, s. 59; 2013, c. 33, s. 228; 2016, c. 7, s. 163 2020, c. 1, s. 54 2024, c. 17, s. 179
Financial Administration Act — F-11 86
Application to wholly-owned subsidiaries 86 (1) Each parent Crown corporation shall take such steps in relation to the articles, by-laws and management of each wholly-owned subsidiary of the corporation, if any, as are necessary to ensure that the businesses, activities and other affairs of the subsidiary are carried on in accordance with this Part and the regulations. Idem (2) The Governor in Council may declare any provision of this Part that applies only to parent Crown corporations to apply to a wholly-owned subsidiary, and the provision applies, with such modifications as the circumstances require, to that wholly-owned subsidiary as if it were a parent Crown corporation. R.S., 1985, c. F-11, s. 86; 1991, c. 24, s. 22
Financial Administration Act — F-11 87
Inconsistencies 87 Except as otherwise expressly provided, in the event of any inconsistency between the provisions of this Part and the provisions of any other Act of Parliament, the provisions of this Part prevail. 1984, c. 31, s. 11
Financial Administration Act — F-11 88
Accountability to Parliament 88 Each Crown corporation is ultimately accountable, through the appropriate Minister, to Parliament for the conduct of its affairs. 1984, c. 31, s. 11
Financial Administration Act — F-11 89
Directives by Governor in Council 89 (1) The Governor in Council may, on the recommendation of the appropriate Minister, give a directive to any parent Crown corporation, if the Governor in Council is of the opinion that it is in the public interest to do so. Consultation (2) Before a directive is given to a parent Crown corporation, the appropriate Minister shall consult the board of directors of the corporation with respect to the content and effect of the directive. (3) [Repealed, 1991, c. 24, s. 23] Tabling in Parliament (4) The appropriate Minister shall cause a copy of any directive given to a parent Crown corporation to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the directive is given. (5) [Repealed, 1991, c. 24, s. 23] Notification of implementation (6) Forthwith after implementing a directive and completing any actions required to be taken in connection therewith, a parent Crown corporation shall notify the appropriate Minister that the directive has been implemented. Restriction (7) No directive shall be given to the Standards Council of Canada with respect to (a) the manner in which voluntary standardization is promoted; or (b) the provision of financial assistance to or for the benefit of a particular person or group of persons. R.S., 1985, c. F-11, s. 89; 1991, c. 24, s. 23
Financial Administration Act — F-11 89.1
Implementation 89.1 (1) The directors of a parent Crown corporation to which a directive is given shall ensure that the directive is implemented in a prompt and efficient manner and, if in so doing they act in accordance with section 115, they are not accountable for any consequences arising from the implementation of the directive. Best interests (2) Compliance by a parent Crown corporation with a directive is deemed to be in the best interests of the corporation. Definition of directive (3) In this section, directive means (a) a directive given pursuant to subsection 89(1), 94(2) or 114(3); (b) a direction given under subsection 5(2) of the Canada Mortgage and Housing Corporation Act , subsection 9(2) of the Canadian Commercial Corporation Act or subsection 11(1) of the Canadian Dairy Commission Act ; or (c) a directive given under subsection 22(1) of the Canada Post Corporation Act . 1991, c. 24, s. 24; 1998, c. 10, s. 173; 2014, c. 20, s. 188; 2015, c. 3, ss. 94(F), 175(F)
Financial Administration Act — F-11 89.2
Directive 89.2 (1) Notwithstanding subsections 85(1) to (1.2), the Governor in Council may give a directive pursuant to subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of the WTO Agreement that pertains to that Crown corporation. Regulations (2) The Governor in Council may, on the recommendation of the Treasury Board and the appropriate Minister made at the request of a Crown corporation, make such regulations in relation to that corporation as the Governor in Council considers necessary for the purpose of implementing any provision of the WTO Agreement that pertains to that corporation. Definition (3) In subsections (1) and (2), WTO Agreement has the meaning given to the word Agreement by subsection 2(1) of the World Trade Organization Agreement Implementation Act . 1994, c. 47, s. 116; 2006, c. 9, s. 263
Financial Administration Act — F-11 89.3
Directive 89.3 Despite subsections 85(1) to (1.2), the Governor in Council may give a directive under subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of the Agreement , as defined in section 2 of the Canadian Free Trade Agreement Implementation Act , that pertains to that Crown corporation. 1996, c. 17, s. 16; 2006, c. 9, s. 264; 2017, c. 33, s. 223
Financial Administration Act — F-11 89.4
Directive 89.4 (1) Notwithstanding subsections 85(1) to (1.2), the Governor in Council may give a directive under subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of the Canada-Chile Free Trade Agreement that pertains to that Crown corporation. Regulations (2) The Governor in Council may, on the recommendation of the Treasury Board and the appropriate Minister made at the request of a Crown corporation, make such regulations in relation to that corporation as the Governor in Council considers necessary for the purpose of implementing any provision of the Canada-Chile Free Trade Agreement that pertains to that corporation. Definition of Canada-Chile Free Trade Agreement (3) In subsections (1) and (2), Canada-Chile Free Trade Agreement has the meaning given to the word Agreement by subsection 2(1) of the Canada-Chile Free Trade Agreement Implementation Act . 1997, c. 14, s. 79; 2006, c. 9, s. 265