Federal-Provincial Fiscal Arrangements Act, 1972 — F-8.2 27
Determination of operating expenditures 27 (1) In determining the operating expenditures for post-secondary education in a province in a fiscal year, the Secretary of State shall have recourse to and be guided by (a) any provincial return of operating expenditures submitted to him for the fiscal year; (b) any information contained in a report made to him by the Minister of Supply and Services in connection with such operating expenditures; and (c) such additional information as he may consider appropriate. Provincial return (2) For the purposes of this section, a provincial return of operating expenditures for a fiscal year is a statistical return, in prescribed form, relating to the operating expenditures for post-secondary education in the province in the fiscal year, (a) that has been signed by the Deputy Minister of Education of the province or such other provincial officer as may be designated by the Lieutenant-Governor in Council for the purpose; and (b) that has been certified by the provincial auditor as having been examined by him and, to the best of his knowledge and belief, (i) as accurately setting forth the operating expenditures for post-secondary education in the province in the fiscal year, calculated in accordance with the requirements of this Act and the regulations, and (ii) as being based on (A) financial returns for the fiscal year in respect of each educational institution in the province that is not a secondary institution, and (B) a financial report for the fiscal year in respect of all secondary institutions in the province. Financial returns and report (3) For the purposes of subsection (2), (a) a financial return for a fiscal year in respect of an educational institution that is not a secondary institution is a statement relating to the operating expenditures incurred for post-secondary education by that institution during its financial year related to the fiscal year, that has been certified by an independent auditor as having been examined by him, and, to the best of his knowledge and belief, as accurately setting forth the operating expenditures incurred for post-secondary education by that institution during its financial year, calculated in accordance with the requirements of this Act and the regulations; and (b) a financial report for a fiscal year in respect of all secondary institutions in a province is a statement setting forth the operating expenditures incurred for post-secondary education by or in respect of all such institutions during their financial years related to the fiscal year, that has been signed by the Deputy Minister of Education of the province or such other provincial officer as may be designated by the Lieutenant-Governor in Council for the purpose. Definitions (4) In this section, independent auditor means an auditor who is a member in good standing of an institution or association of accountants incorporated by or under the authority of the legislature of a province but who is not, except as otherwise provided by the regulations, the same person or a member of the same firm or office of auditors as, or employed by the same employer as, the provincial auditor; ( vérificateur indépendant ) provincial auditor means such person as is charged by law with the audit of the accounts of a province; ( vérificateur provincial ) secondary institution , in relation to a province, means an institution in that province that offers at post-secondary level only prescribed programs of study. ( établissement secondaire )