GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Financial Administration Act — F-11 34
Payment for work, goods or services 34 (1) No payment shall be made in respect of any part of the federal public administration unless, in addition to any other voucher or certificate that is required, the deputy of the appropriate Minister, or another person authorized by that Minister, certifies (a) in the case of a payment for the performance of work, the supply of goods or the rendering of services, (i) that the work has been performed, the goods supplied or the service rendered, as the case may be, and that the price charged is according to the contract, or if not specified by the contract, is reasonable, (ii) where, pursuant to the contract, a payment is to be made before the completion of the work, delivery of the goods or rendering of the service, as the case may be, that the payment is according to the contract, or (iii) where, in accordance with the policies and procedures prescribed under subsection (2), payment is to be made in advance of verification, that the claim for payment is reasonable; or (b) in the case of any other payment, that the payee is eligible for or entitled to the payment. Policies and procedures (2) The Treasury Board may prescribe policies and procedures to be followed to give effect to the certification and verification required under subsection (1). R.S., 1985, c. F-11, s. 34; 1991, c. 24, s. 13; 2003, c. 22, s. 224(E)
Financial Administration Act — F-11 35
Definition of instruction for payment 35 (1) In this section and section 36, instruction for payment means an instrument or other instruction for the payment of money, but does not include a requisition under section 33. Form of payments out of C.R.F. (2) Every payment out of the Consolidated Revenue Fund shall be made under the direction and control of the Receiver General by the issuance of an instruction for payment, in such form and authenticated in such manner as the Treasury Board may direct. Claim for settlement (3) An amount set out in an instruction for payment issued under subsection (2), less any amount charged back as a result of a reconciliation pursuant to section 36, may be paid out of the Consolidated Revenue Fund where (a) a claim for settlement of the amount is made by a member of the Canadian Payments Association or by a person authorized by the Receiver General to make a claim for settlement; and (b) the claim is made in the prescribed manner and is accompanied by the prescribed evidence. Prescription of manner of claim (4) The Receiver General may prescribe the manner of making a claim for settlement and the evidence that must accompany the claim. R.S., 1985, c. F-11, s. 35; 1991, c. 24, s. 14; 1999, c. 31, s. 108(F)
Financial Administration Act — F-11 36
Reconciliation of claim with evidence and instruction for payment 36 (1) Where a payment out of the Consolidated Revenue Fund is made in respect of a claim for settlement, the Receiver General shall examine the claim and make a reconciliation between the claim and (a) the supporting evidence; and (b) the instruction for payment to which the claim relates. Destruction of instructions for payment, records, etc. (2) The Treasury Board may, on the recommendation of the Receiver General and with the approval of the Auditor General of Canada, make regulations governing (a) the destruction of records of instructions for payment, including payment instruments, after the amounts specified in the instructions for payment have been paid; (b) the destruction of claims for settlement; and (c) the destruction of records of instructions for settlement, including instruments for settlement within or between departments, after settlement has been effected. R.S., 1985, c. F-11, s. 36; 1991, c. 24, s. 14; 1999, c. 31, s. 109(F)
Financial Administration Act — F-11 37
Lapse 37 The balance of an appropriation that remains unexpended at the end of a fiscal year or such longer period as may be specified in an appropriation Act or any other Act of Parliament, after adjustment for the recording of debts incurred and other amounts due or owing referred to in section 37.1, shall lapse. R.S., 1985, c. F-11, s. 37; 1991, c. 24, s. 15; 1996, c. 18, s. 7
Financial Administration Act — F-11 37.1
Unpaid debts 37.1 (1) Subject to such directions as the Treasury Board may make, a debt incurred by Her Majesty for work performed, goods received or services rendered before the end of a fiscal year, and any amount due or owing under a contract, contribution or other similar arrangement entered into before the end of the fiscal year that remains unpaid at the end of the fiscal year, shall be recorded as a charge against the appropriation to which it relates. Payment (2) Subject to subsection (3), in such period as the Treasury Board may specify or, if no such period is specified, at any time, a payment may be made for the purpose of settling any debt or other amount due or owing that has been recorded as a charge against an appropriation pursuant to subsection (1). Settlement in excess of appropriation (3) The discharge or settlement of a debt or other amount due or owing that has been recorded as a charge against an appropriation pursuant to subsection (1), or any part thereof, and that was in excess of the balance then remaining in the appropriation (a) constitutes a first charge against the next appropriation in the year of discharge or settlement; and (b) operates to reduce the available spending authority of that next appropriation by the lesser of (i) the amount of the discharge or settlement, and (ii) the amount of the excess. Payment in excess of appropriation (4) Where, despite paragraph 33(3)(b), a payment is made that results in an expenditure that is in excess of an appropriation, (a) the amount by which the expenditure exceeds the balance then remaining in the appropriation constitutes a first charge against the next appropriation of the immediately subsequent fiscal year; and (b) the available spending authority of that next appropriation is reduced by that amount. 1991, c. 24, s. 15
Financial Administration Act — F-11 38
Accountable advances 38 (1) The Treasury Board may make regulations (a) authorizing the making of accountable advances chargeable to the appropriation for the service in respect of which the advance is made; and (b) providing for the repayment of, accounting for and recovery of accountable advances. Recovery (2) Any accountable advance or any portion thereof that is not repaid, accounted for or recovered in accordance with the regulations may be recovered out of any moneys payable by Her Majesty to the person to whom the advance was made or, where the person is deceased, out of any moneys payable by Her Majesty to the estate of that person. Report (3) Every accountable advance that is not repaid, accounted for or recovered by the end of the fiscal year in which it was made shall be reported in the Public Accounts for that year. R.S., c. F-10, s. 31; 1980-81-82-83, c. 170, s. 9
Financial Administration Act — F-11 39
Crediting of refunds 39 Subject to such directions as the Treasury Board may make, any amount received as (a) a refund of an expenditure, (b) a repayment of an advance, (c) a refund or repayment of an overpayment, (d) a rebate, including a tax rebate or some other price adjustment on a payment, (e) a reimbursement pursuant to a cost-sharing arrangement, (f) a recovery from an indemnification, or (g) a recovery under a claim for loss of or damage to a Crown asset shall be credited to the appropriation against which the related expenditure, advance or payment was charged. R.S., 1985, c. F-11, s. 39; 1991, c. 24, s. 16
Financial Administration Act — F-11 40
Term of contract that money available 40 (1) It is a term of every contract providing for the payment of any money by Her Majesty that payment under that contract is subject to there being an appropriation for the particular service for the fiscal year in which any commitment under that contract would come in course of payment. Public opinion research (2) It is a term of every contract for public opinion research entered into by any person with Her Majesty that a written report will be provided by that person. R.S., 1985, c. F-11, s. 40; 1991, c. 24, s. 50(F); 2006, c. 9, s. 309
Financial Administration Act — F-11 40.1
Commitment 40.1 The Government of Canada is committed to taking appropriate measures to promote fairness, openness and transparency in the bidding process for contracts with Her Majesty for the performance of work, the supply of goods or the rendering of services. 2006, c. 9, s. 310
Financial Administration Act — F-11 41
Regulations respecting conditions under which contracts awarded 41 (1) The Governor in Council may make regulations with respect to the conditions under which contracts may be entered into and, notwithstanding any other Act of Parliament, (a) may direct that no contract by the terms of which payments are required in excess of such amount or amounts as the Governor in Council may prescribe shall be entered into or have any force or effect unless entry into the contract has been approved by the Governor in Council or the Treasury Board; and (b) may make regulations with respect to the security to be given to and in the name of Her Majesty to secure the due performance of contracts. Exception (2) Subsection (1) does not apply in respect of Crown corporations, the Canada Revenue Agency or the Invest in Canada Hub. R.S., 1985, c. F-11, s. 41; 1991, c. 24, s. 50(F); 1999, c. 17, s. 160; 2005, c. 38, s. 138; 2006, c. 9, s. 311(F); 2017, c. 20, s. 445
Financial Administration Act — F-11
funding agreement , in respect of a recipient, means an agreement in writing under which the recipient receives a grant, contribution or other funding from Her Majesty in right of Canada or a Crown corporation, either directly or through an agent or mandatary of Her Majesty, including by way of loan, but excludes contracts for the performance of work, the supply of goods or the rendering of services. ( accord de financement )
Financial Administration Act — F-11 (a)
recipient means an individual, body corporate, partnership or unincorporated organization that has, in any five consecutive fiscal years, received a total of one million dollars or more under one or more funding agreements, but does not include (a) a Crown corporation; (b) a departmental corporation; (c) the government of a foreign state, a provincial government or a municipality, or any of their agencies; (c.1) a band, as defined in subsection 2(1) of the Indian Act , any member of the council or any agency of the band or an aboriginal body that is party to a self-government agreement given effect by an Act of Parliament or any of their agencies; (d) a corporation that is controlled by a municipality or a government other than the Government of Canada; or (e) an international organization. ( bénéficiaire )
Financial Administration Act — F-11 42.1
Five-year reviews 42.1 (1) Subject to and except as otherwise provided in any directives issued by the Treasury Board, every department shall conduct a review every five years of the relevance and effectiveness of each ongoing program for which it is responsible. Definition of program (2) In this section, program means a program of grants or contributions made to one or more recipients that are administered so as to achieve a common objective and for which spending authority is provided in an appropriation Act. 2006, c. 9, s. 260
Financial Administration Act — F-11 42.2
Definitions 42.2 The following definitions apply in this Part. fiscal agent means a fiscal agent appointed under this Part and includes the Bank of Canada. ( agent financier ) registrar means a registrar appointed under this Part and includes the Bank of Canada. ( agent comptable ) 2016, c. 12, s. 121
Financial Administration Act — F-11
fiscal agent means a fiscal agent appointed under this Part and includes the Bank of Canada. ( agent financier )
Financial Administration Act — F-11
registrar means a registrar appointed under this Part and includes the Bank of Canada. ( agent comptable )
Financial Administration Act — F-11 42.3
Lending of funds 42.3 (1) The Minister may, for the sound and efficient management of the Consolidated Revenue Fund, lend money by way of an auction on any terms and conditions that the Minister considers appropriate. Limit (2) However, the Minister is not to make a loan that exceeds the surplus of the part of the Consolidated Revenue Fund that is on deposit with the Bank of Canada at the time of the making of the loan. Determination (3) For the purposes of subsection (2), the amount of the surplus is determined by the Bank of Canada. Part of Consolidated Revenue Fund (4) Any loans made under subsection (1) may only be paid out of the part of the Consolidated Revenue Fund that is on deposit with the Bank of Canada. Powers related to loans (5) Despite section 42.5, the Minister may enter into any contract or agreement related to the loans and do any other thing relating to the loans that the Minister considers appropriate. 2016, c. 12, s. 121
Financial Administration Act — F-11 42.4
Auctions 42.4 (1) If the Minister lends money by way of an auction, the Minister may establish rules governing the conduct of the auction, including rules relating to any of the following: (a) the eligibility of persons to participate in the auction; (b) the provision to the Minister by participants of any information that the Minister considers relevant; (c) the form of bids; (d) the maximum amount that a participant may bid. Rules not statutory instruments (2) Rules governing the conduct of an auction are not statutory instruments as defined in the Statutory Instruments Act . 2016, c. 12, s. 121
Financial Administration Act — F-11 42.5
Management of risks 42.5 The Governor in Council may authorize the Minister, subject to any terms and conditions that the Governor in Council may specify, to enter into any contract or agreement of a financial nature, including options, derivatives, swaps and forwards, on any terms and conditions that the Minister considers necessary for the management of risks related to the financial position of the Government of Canada. 2016, c. 12, s. 121
Financial Administration Act — F-11 42.6
Registrars and fiscal agents 42.6 The Minister may (a) appoint one or more registrars or fiscal agents to perform any services that the Minister may specify in respect of financial transactions entered into under this Part; and (b) fix the remuneration or compensation of any registrar or fiscal agent appointed under this section. 2016, c. 12, s. 121
Financial Administration Act — F-11 42.7
Payment of related expenses 42.7 With the authorization of the Governor in Council, there may be paid out of the Consolidated Revenue Fund (a) the remuneration and compensation of registrars and fiscal agents appointed under section 42.6 ; (b) all costs, expenses and charges incurred in the management of financial transactions referred to in this Part, including the negotiation, entering into and execution of those transactions; (c) all money required to be paid under contracts and agreements entered into under subsection 42.3(5) or section 42.5; (d) all money required to be paid under contracts and agreements entered into under this Act before the coming into force of this Part that could also have been entered into under this Part if this Part had been in force when these contracts and agreements were entered into; and (e) all money that the Minister considers appropriate to pay in the exercise of his or her power to do any other thing relating to the lending of money under subsection 42.3 (5). 2016, c. 12, s. 121
Financial Administration Act — F-11 42.8
Delegation 42.8 The Minister may delegate to any officer of the Department of Finance any of the Minister’s powers, duties or functions under this Part, except the power to delegate under this section. 2016, c. 12, s. 121
Financial Administration Act — F-11 43
Borrowing of money 43 (1) Notwithstanding any statement in any other Act of Parliament to the effect that this Act or any portion or provision of it does not apply, no money shall be borrowed by or on behalf of Her Majesty in right of Canada except as provided by or under (a) this Act; (b) any other Act of Parliament that expressly authorizes the borrowing of money; or (c) any other Act of Parliament that provides for the borrowing of money from Her Majesty in right of Canada or of a province. Issuing of securities (2) No securities shall be issued by or on behalf of Her Majesty in right of Canada without the authority of Parliament. R.S., 1985, c. F-11, s. 43; 1999, c. 26, s. 21(E); 2001, c. 11, s. 4
Financial Administration Act — F-11 44
Raising of money 44 (1) When by this Act or any other Act of Parliament authority is given to raise money by Her Majesty, the Governor in Council may, subject to the Act authorizing the raising of the money, authorize the Minister to borrow the money by any means that the Minister considers appropriate. Maximum (2) The aggregate principal amount of money borrowed by the Minister under this section in any fiscal year may not exceed the amount that is specified by order of the Governor in Council for that fiscal year. Maximum — exception (2.1) Any money borrowed under section 47 is not to be taken into account for the purpose of calculating the aggregate principal amount of money borrowed by the Minister under this section in any fiscal year. Powers of Minister (3) Subject to any terms and conditions that the Governor in Council may specify, the Minister may enter into any contract or agreement, issue securities and do any other thing relating to the borrowing of money that the Minister considers appropriate. Non-application of regulations and directions (3.1) Regulations and directions made under subsection 41(1) do not apply in respect of contracts entered into under subsection (3). Transitional (4) Subsection (3) applies with respect to anything done in relation to borrowings under this section, as it read immediately before the coming into force of this subsection, as though the borrowing were done under subsection (1). R.S., 1985, c. F-11, s. 44; 1999, c. 26, s. 22 2020, c. 5, s. 23 2024, c. 17, s. 394
Financial Administration Act — F-11 45
Auctions 45 (1) If the Minister borrows money by way of an auction, the Minister may establish rules governing the conduct of the auction, including rules relating to (a) the eligibility of persons to participate in the auction; (b) the provision to the Minister by participants of any information that the Minister considers relevant, including information respecting holdings of securities and transactions in securities; (c) the form of bids; (d) the maximum amount that may be bid for by a participant; and (e) the certification and verification of bids. Rules not statutory instruments (2) Rules governing the conduct of an auction are not statutory instruments as defined in the Statutory Instruments Act . R.S., 1985, c. F-11, s. 45; 1999, c. 26, s. 22
Financial Administration Act — F-11 45.1
Contracts and agreements 45.1 The Governor in Council may authorize the Minister, subject to any terms and conditions that the Governor in Council may specify, to enter into any contract or agreement of a financial nature, including options, derivatives, swaps and forwards, on such terms and conditions as the Minister considers necessary. 1991, c. 24, s. 18; 1999, c. 26, s. 22
Financial Administration Act — F-11 46
Powers — management of assets and liabilities 46 The Minister may, on any terms and conditions the Minister considers appropriate, do any of the following if the Minister considers it appropriate for the sound and efficient management of the assets and liabilities of Canada, including contingent liabilities: (a) purchase or acquire securities of Canada or any other securities, including purchasing or acquiring them on their issuance, and hold, lend or sell securities of Canada or any other securities; and (b) create a charge on, or right or interest in, securities of Canada or any other securities held by the Minister. R.S., 1985, c. F-11, s. 46; 1999, c. 26, s. 22
Financial Administration Act — F-11 46.1
Authority to borrow money 46.1 In any fiscal year, the Governor in Council may by order authorize the Minister to borrow money for (a) the payment of any amount that is required to be paid in that fiscal year in respect of any money borrowed under the authority of this Act or any other Act of Parliament; (b) the extinguishment or reduction of any liability of Canada, if the Minister is of the opinion that the liability should be extinguished or reduced; or (c) the payment, by Her Majesty, of any amount in extraordinary circumstances, including in the event of a natural disaster or to promote the stability or maintain the efficiency of the financial system in Canada, if the Minister is of the opinion that the borrowing of money is necessary in those circumstances. 1999, c. 26, s. 22; 2007, c. 29, s. 86; 2016, c. 7, s. 183
Financial Administration Act — F-11 47
Exception 47 During the period beginning on the day on which this section comes into force and ending on September 30, 2020, the Minister may borrow money for (a) the payment of any amount that is required to be paid in that period in respect of any money borrowed under the authority of this Act or any other Act of Parliament; or (b) the payment, by Her Majesty, of any amount in extraordinary circumstances, including in the event of a natural disaster or to promote the stability or maintain the efficiency of the financial system in Canada, if the Minister is of the opinion that the borrowing of money is necessary in those circumstances. R.S., 1985, c. F-11, s. 47; 2007, c. 29, s. 86 2020, c. 5, s. 24
Financial Administration Act — F-11 48
Currency of borrowings 48 (1) Any amounts raised by way of loan under the authority of this Act or any other Act of Parliament in the currency or currencies of any country or countries may be repaid in the currency or currencies of any country or countries and securities issued under the authority of this Act or any other Act of Parliament in the currency or currencies of any country or countries may be made payable in the currency or currencies of any country or countries. Calculation of amount in foreign currency (2) Where an Act of Parliament, whether enacted before or after the coming into force of this subsection, authorizes (a) the raising of a specific or maximum number of dollars by way of loan or the issue of securities, or (b) the guarantee of the payment of a liability or obligation for a specific or maximum number of dollars, the authorized transaction may be undertaken, in whole or in part, in the currency of a country other than Canada, and for that purpose the specific or maximum number of dollars shall be construed as an equivalent amount in the currency of the other country, calculated at the daily average rate of exchange between the Canadian dollar and the currency concerned quoted by the Bank of Canada on the day immediately preceding the day on which the money is borrowed, the proceeds from the issue of securities are received or the guarantee is given, as the case may be, or at any other rate of exchange in use between those currencies that the Minister considers appropriate. Calculation where limitation (3) For the purpose of any limitation in respect of an amount (a) that may be borrowed, (b) for which securities may be issued, or (c) the payment of which may be guaranteed under this Act or any other Act of Parliament, the principal amount borrowed or authorized to be borrowed, the principal amount of any securities previously issued or authorized to be issued or the amount guaranteed or authorized to be guaranteed, as the case may be, payable in a currency of any country other than Canada, shall be deemed to be the Canadian dollar equivalent of the value thereof, as calculated under subsection (2), regardless of any premium or discount at which the securities were sold and regardless of any premium that may be payable on early redemption. R.S., 1985, c. F-11, s. 48; 1991, c. 24, ss. 19, 50(F); 1999, c. 31, s. 110(F); 2017, c. 20, s. 104