- (a) add to Schedule I.1 in column I thereof the name of any division or branch of the federal public administration and in column II thereof opposite that name a reference to the appropriate Minister;
- (a.1) add to Schedule II the name of any corporation established by an Act of Parliament that performs administrative, research, supervisory, advisory or regulatory functions of a governmental nature; and
- (b) add to Part I or II of Schedule III the name of any parent Crown corporation.
- (a) delete from Schedule II the name of any corporation that has been changed and shall, by the same order, add the new name of the corporation to that Schedule; and
- (b) delete from Part I or II of Schedule III the name of any parent Crown corporation that has been changed and shall, by the same order, add the new name of the corporation to that Part.
- (a) the corporation
- (i) operates in a competitive environment,
- (ii) is not ordinarily dependent on appropriations for operating purposes, and
- (iii) ordinarily earns a return on equity; and
- (a) delete from Schedule II the name of any corporation that has been dissolved or otherwise has ceased to be a corporation described in paragraph (1)(a.1); and
- (b) delete from Part I or II of Schedule III the name of any corporation that has been dissolved or otherwise has ceased to be a parent Crown corporation.
- (a) to which Part I of the Canada Labour Code does not apply; and
- (b) in respect of which a minister of the Crown, the Treasury Board or the Governor in Council is authorized to establish or approve terms and conditions of employment.
- (a) no longer has any employees; or
- (b) is a corporation that has been excluded from the operation of Part I of the Canada Labour Code .
- (a) add to Part I of Schedule VI the name of any department named in Schedule I;
- (b) add to Part II or III of Schedule VI the name of any department and a reference to the accounting officer for the department;
- (c) amend Part II or III of Schedule VI by replacing a reference to the accounting officer for a department with a new reference;
- (d) move from Part II to Part III of Schedule VI, or from Part III to Part II of that Schedule, the name of a department and the reference to its accounting officer;
- (e) amend Part I, II or III of Schedule VI by replacing the former name of a department with the new name; and
- (f) delete the name of a department and the reference to its accounting officer from Part I, II or III of Schedule VI, where the department has ceased to exist or become part of another department.
- R.S., 1985, c. F-11, s. 3
- 1991, c. 24, s. 1
- 1992, c. 1, s. 70
- 1999, c. 31, s. 99
- 2003, c. 22, ss. 3, 224(E)
- 2006, c. 9, s. 257
Marginal note: Tabling order
- 4 (1) Every order made pursuant to subsection 3(3) that deletes the name of a corporation from Part I of Schedule III and adds it to Part II of that Schedule shall be laid before each House of Parliament within the first fifteen days on which that House is sitting after the order is made.
- Marginal note: Reference to committee (2) An order laid before a House of Parliament pursuant to subsection (1) stands referred to such committee of that House as may be designated or established by that House for the purpose.
- Marginal note: Delay (3) An order laid before a House of Parliament pursuant to subsection (1) shall come into force on the thirty-first sitting day after the order has been laid before both Houses of Parliament or on such later day as is specified in the order.
- Definition of (4) In this section, means a day on which either House of Parliament is sitting.
- R.S., 1985, c. F-11, s. 4
- 1999, c. 31, s. 100(F)
PART I Organization
Treasury Board
Establishment
Marginal note: Treasury Board
- 5 (1) There is hereby established a committee of the Queen’s Privy Council for Canada called the Treasury Board over which the President of the Treasury Board appointed by Commission under the Great Seal shall preside.
- Marginal note: Composition of committee (2) The Treasury Board shall, in addition to the President of the Treasury Board, consist of the Minister and four other members of the Queen’s Privy Council for Canada to be nominated from time to time by the Governor in Council.
- Marginal note: Alternate members (3) The Governor in Council may nominate such additional members of the Queen’s Privy Council for Canada as he sees fit to be alternates to serve in the place of members of the Treasury Board.
- Marginal note: Rules and procedures (4) Subject to this Act and any directions of the Governor in Council, the Treasury Board may determine its own rules and procedures.
- R.S., c. F-10, s. 3
Public Officers
Marginal note: Duties of President
- 6 (1) The President of the Treasury Board holds office during pleasure and presides over meetings of the Treasury Board.
- Marginal note: Secretary of the Treasury Board (2) The Governor in Council may appoint an officer called the Secretary of the Treasury Board to hold office during pleasure, which officer ranks as and has the powers of a deputy head of a department.
- Marginal note: Chief Human Resources Officer (2.1) The Governor in Council may appoint an officer called the Chief Human Resources Officer to hold office during pleasure, who ranks as and has the powers of a deputy head of a department.
- Marginal note: Comptroller General of Canada (3) The Governor in Council may appoint an officer called the Comptroller General of Canada to hold office during pleasure, which officer ranks as and has the powers of a deputy head of a department.
- Marginal note: Chief Information Officer of Canada (3.1) The Governor in Council may appoint an officer called the Chief Information Officer of Canada to hold office during pleasure, who ranks as and has the powers of a deputy head of a department.
- Marginal note: Delegation (4) The Treasury Board may delegate to the President of the Treasury Board, to the Secretary of the Treasury Board, to the Comptroller General of Canada or to the deputy head or chief executive officer of any portion of the federal public administration any of the powers or functions it is authorized to exercise under any Act of Parliament or by any order made by the Governor in Council. It may make the delegation subject to any terms and conditions that it considers appropriate.
- Marginal note: Delegation to Chief Human Resources Officer (4.1) The Treasury Board may, subject to any terms and conditions that it considers appropriate, delegate to the Chief Human Resources Officer
- (a) any of the powers or functions in relation to human resources management, official languages, employment equity, and values and ethics that it is authorized to exercise under any Act of Parliament or by any order made by the Governor in Council; or
- (b) any of the powers or functions in relation to employment that it is authorized to exercise under the Public Service Employment Act .
- R.S., 1985, c. F-11, s. 6
- 1991, c. 24, s. 50(F)
- 2003, c. 22, s. 5
- 2005, c. 15, s. 4
- 2010, c. 12, s. 1675
- 2018, c. 12, s. 199
Responsibilities and Powers
Marginal note: Responsibilities of Treasury Board
- 7 (1) The Treasury Board may act for the Queen’s Privy Council for Canada on all matters relating to
- (a) general administrative policy in the federal public administration;
- (b) the organization of the federal public administration or any portion thereof, and the determination and control of establishments therein;
- (c) financial management, including estimates, expenditures, financial commitments, accounts, fees or charges for the provision of services or the use of facilities, rentals, licences, leases, revenues from the disposition of property, and procedures by which departments manage, record and account for revenues received or receivable from any source whatever;
- (d) the review of annual and longer term expenditure plans and programs of departments, and the determination of priorities with respect thereto;
- (d.1) the management and development by departments of lands, other than Canada Lands as defined in subsection 24(1) of the Canada Lands Surveys Act ;
- (e) human resources management in the federal public administration, including the determination of the terms and conditions of employment of persons employed in it;
- (e.1) the terms and conditions of employment of persons appointed by the Governor in Council that have not been established under this or any other Act of Parliament or order in council or by any other means; and
- (e.2) internal audit in the federal public administration;
- (f) such other matters as may be referred to it by the Governor in Council.
- (a) the Public Service Superannuation Act ;
- (b) the Canadian Forces Superannuation Act ;
- (c) the Defence Services Pension Continuation Act , chapter D-3 of the Revised Statutes of Canada, 1970;
- (d) Parts I and II of the Royal Canadian Mounted Police Superannuation Act ;
- (e) the Royal Canadian Mounted Police Pension Continuation Act , chapter R-10 of the Revised Statutes of Canada, 1970; and
- (f) such of the provisions of any other Act respecting any matter in relation to which the Treasury Board may act for the Queen’s Privy Council for Canada pursuant to subsection (1) as may be specified by the Governor in Council.
- R.S., 1985, c. F-11, s. 7
- 1991, c. 24, ss. 2, 49(E)
- 1998, c. 14, s. 103(F)
- 2003, c. 22, ss. 6, 224(E)
- 2006, c. 9, s. 258
- 2022, c. 10, s. 255
Marginal note: Group insurance and benefit programs
- 7.1 (1) The Treasury Board may establish or modify any group insurance or other benefit programs for employees of the federal public administration and any other persons or classes of persons it may designate to be members of those programs, may take any measure necessary for that purpose, including contracting for services, may set any terms and conditions in respect of those programs, including those relating to premiums, contributions, benefits, management, control and expenditures and may audit and make payments in respect of those programs, including payments relating to premiums, contributions, benefits and other expenditures.
- Marginal note: Remainder of Act does not apply (2) This Act, other than this section, does not apply to any contributions or other payments made or premiums paid by the Treasury Board or the members in respect of any program established or modified pursuant to subsection (1) or any benefits received by the members of such a program.
- 1996, c. 18, s. 3
- 2003, c. 22, s. 7(E)
- 2005, c. 30, ss. 132, 134(E)
Marginal note: 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).
- Marginal note: 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.
- 2005, c. 30, s. 132
Marginal note: 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
Marginal note: 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
Marginal note: 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
Marginal note: 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.
- Marginal note: 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.
- (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
Marginal note: 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)
Human Resources Management
Marginal note: Definitions
- 11 (1) The following definitions apply in this section and sections 11.1 to 13. means the departments named in Schedule I and the other portions of the federal public administration named in Schedule IV. ( administration publique centrale ) 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 , 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 )
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 )
means a portion of the federal public administration named in Schedule V. ( organisme distinct )
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 )
- (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 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
Marginal note: Powers of the Treasury Board
- 11.1 (1) In the exercise of its human resources management responsibilities under paragraph 7(1)(e), the Treasury Board may
- (a) determine the human resources requirements of the public service and provide for the allocation and effective utilization of human resources in the public service;
- (b) provide for the classification of positions and persons employed in the public service;
- (c) determine and regulate the pay to which persons employed in the public service are entitled for services rendered, the hours of work and leave of those persons and any related matters;
- (d) determine and regulate the payments that may be made to persons employed in the public service by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their employment;
- (e) subject to the Employment Equity Act , establish policies and programs with respect to the implementation of employment equity in the public service;
- (f) establish policies or issue directives respecting the exercise of the powers granted by this Act to deputy heads in the core public administration and the reporting by those deputy heads in respect of the exercise of those powers;
- (g) establish policies or issue directives respecting
- (i) the manner in which deputy heads in the core public administration may deal with grievances under the Federal Public Sector Labour Relations Act to which they are a party, and the manner in which they may deal with them if the grievances are referred to adjudication under subsection 209(1) or 238.25(1) of that Act, and
- (ii) the reporting by those deputy heads in respect of those grievances;
- (a) do not extend to any matter that is expressly determined, fixed, provided for, regulated or established by any Act otherwise than by the conferring of powers in relation to those matters on any authority or person specified in that Act; and
- (b) do not include or extend to
- (i) any power specifically conferred on the Public Service Commission under the Public Service Employment Act ,
- (ii) any process of human resources selection required to be used under the Public Service Employment Act or authorized to be used by the Public Service Commission under that Act, or
- (iii) any power specifically conferred on the Commissioner of the Royal Canadian Mounted Police under paragraph 20.2(1)(l) of the Royal Canadian Mounted Police Act .
- 2003, c. 22, s. 8
- 2013, c. 18, s. 46
- 2017, c. 9, s. 44
Marginal note: 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.
- Marginal note: 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
Marginal note: 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.
- (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.
- R.S., 1985, c. F-11, s. 12
- 1995, c. 17, s. 7
- 1996, c. 18, s. 6
- 2003, c. 22, s. 8
Marginal note: 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
Marginal note: 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.
- Marginal note: 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
Marginal note: 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 in subsection 11(1).
- 2003, c. 22, s. 8
12.4 [Repealed, 2012, c. 19, s. 218]
Marginal note: 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.
- Marginal note: 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.
- Marginal note: 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
Department of Finance
Marginal note: 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
Marginal note: 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
Marginal note: Advisory and other committees
- 15.1 (1) The Minister may establish advisory and other committees and provide for their membership, duties, functions and operation.
- Marginal note: 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
Marginal note: 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
PART I.1 Internal Audit and Accounting Officers
Marginal note: 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
Marginal note: 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
Marginal note: 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.
- Marginal note: 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.
- Marginal note: 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
Marginal note: Definition of
16.3 In sections 16.4 and 16.5,
- (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
Marginal note: 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.
- (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.
- 2006, c. 9, s. 259
Marginal note: 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.
- Marginal note: 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.
- Marginal note: 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.
- Marginal note: 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
PART II Public Money
Marginal note: Public money
- 17 (1) Subject to this Part, all public money shall be deposited to the credit of the Receiver General.
- Marginal note: 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.
- (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
Marginal note: Definition of
- 17.1 (1) In this section, 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.
- (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
18 [Repealed, 1999, c. 26, s. 20]
Marginal note: 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.
- (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
Marginal note: 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
Marginal note: 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.
- Marginal note: 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
Marginal note: 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
Marginal note: 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.
- Marginal note: 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.
- Marginal note: 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
Marginal note: Money received for special purpose
- 21 (1) Money referred to in paragraph (d) of the definition 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.
- Marginal note: 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
Marginal note: 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
Marginal note: Definitions
- 23 (1) In this section, 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 ) 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 ) includes any tax, impost, duty or toll payable to Her Majesty, imposed or authorized to be imposed by any Act of Parliament. ( taxes )
- Marginal note: Remission of taxes and penalties (2) The Governor in Council may, on the recommendation of the appropriate Minister, remit any tax or penalty, including any interest paid or payable thereon, where the Governor in Council considers that the collection of the tax or the enforcement of the penalty is unreasonable or unjust or that it is otherwise in the public interest to remit the tax or penalty.
- Marginal note: Remission of other debts (2.1) The Governor in Council may, on the recommendation of the Treasury Board, remit any other debt, including any interest paid or payable thereon, where the Governor in Council considers that the collection of the other debt is unreasonable or unjust or that it is otherwise in the public interest to remit the other debt.
- Marginal note: Remission may be partial, etc. (3) A remission pursuant to this section may be total or partial or conditional or unconditional and may be granted
- (a) before, after or pending any suit or proceeding for the recovery of the tax, penalty or other debt in respect of which the remission is granted;
- (b) before or after any payment of the tax, penalty or other debt has been made or enforced by process or execution; and
- (c) with respect to a tax or other debt, in any particular case or class of cases and before the liability therefor arises.
- (a) by forbearing to institute a suit or proceeding for the recovery of the tax, penalty or other debt in respect of which the remission is granted;
- (b) by delaying, staying or discontinuing any suit or proceeding already instituted;
- (c) by forbearing to enforce, staying or abandoning any execution or process on any judgment;
- (d) by the entry of satisfaction on any judgment; or
- (e) by repaying any sum of money paid to or recovered by the Receiver General for the tax, penalty or other debt.
- R.S., 1985, c. F-11, s. 23
- 1991, c. 24, ss. 7, 50(F)
- 1999, c. 31, s. 102(F)
Marginal note: 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.
- Marginal note: 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
Marginal note: 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.
- (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)
Marginal note: 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
Marginal note: 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.
- R.S., 1985, c. F-11, s. 25
- 1991, c. 24, ss. 10, 50(F)
- 1999, c. 31, s. 104(F)
PART III Public Disbursements
Marginal note: 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
Marginal note: 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
Marginal note: 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)
Marginal note: 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.
- Marginal note: 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
Marginal note: 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.
- Marginal note: 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.
- 1991, c. 24, s. 12
Marginal note: 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.
- Marginal note: 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.
- Marginal note: 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.
- (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
Marginal note: 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.
- R.S., 1985, c. F-11, s. 30
- 1997, c. 5, s. 1
- 2003, c. 22, s. 224(E)
- 2020, c. 4, s. 1
Marginal note: 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.
- Marginal note: 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.
- Marginal note: 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)
Marginal note: 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
Marginal note: 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.
- R.S., 1985, c. F-11, s. 32
- 1999, c. 31, s. 107(F)
- 2017, c. 33, s. 261
Marginal note: 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.
- Marginal note: 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.
- Marginal note: 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.
- R.S., c. F-10, s. 26
Marginal note: 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
- R.S., 1985, c. F-11, s. 34
- 1991, c. 24, s. 13
- 2003, c. 22, s. 224(E)
Marginal note: Definition of
- 35 (1) In this section and section 36, means an instrument or other instruction for the payment of money, but does not include a requisition under section 33.
- Marginal note: 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.
- Marginal note: 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.
- R.S., 1985, c. F-11, s. 35
- 1991, c. 24, s. 14
- 1999, c. 31, s. 108(F)
Marginal note: 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.
- (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)
Marginal note: 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
Marginal note: 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.
- Marginal note: 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).
- Marginal note: 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.
- (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
Marginal note: 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.
- R.S., c. F-10, s. 31
- 1980-81-82-83, c. 170, s. 9
Marginal note: 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
PART III.1 Contracts
Marginal note: 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.
- Marginal note: 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
Marginal note: 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
Marginal note: 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.
- 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
Marginal note: Regulations — deemed terms of contracts
- 42 (1) The Governor in Council may make regulations fixing terms that are deemed to be expressly set out in contracts, or classes of contracts, that provide for the payment of any money by Her Majesty or a Crown corporation — or in documents, or classes of documents, relating to such contracts and their formation — including terms
- (a) prohibiting payment of a contingency fee by any party to the contract to a person to whom the Lobbying Act applies;
- (b) respecting corruption and collusion in the bidding process for contracts for the performance of work, the supply of goods or the rendering of services;
- (c) requiring that a bidder on a contract for the performance of work, the supply of goods or the rendering of services make a declaration that the bidder has not committed an offence under section 121, 124 or 418 of the Criminal Code ;
- (d) respecting the provision of information or records to enable the Auditor General of Canada to inquire into the use of funds provided under funding agreements; and
- (e) requiring the public disclosure of basic information on contracts entered into with Her Majesty for the performance of work, the supply of goods or the rendering of services and having a value in excess of $10,000.
- (a) prescribing the form and content of the term of the contract and of the written report referred to in subsection 40(2); and
- (b) requiring the report to be made available to the public in the manner, and subject to the conditions, specified in the regulations.
- (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 )
- R.S., 1985, c. F-11, s. 42
- 1991, c. 24, s. 17
- 2006, c. 9, ss. 312, 313
Marginal note: 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.
- Marginal note: Definition of (2) In this section, 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
PART III.2 Financial Transactions Related to Asset Management
Marginal note: Definitions
42.2 The following definitions apply in this Part.
means a fiscal agent appointed under this Part and includes the Bank of Canada. ( agent financier )
means a registrar appointed under this Part and includes the Bank of Canada. ( agent comptable )
- 2016, c. 12, s. 121
Marginal note: 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.
- Marginal note: 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.
- Marginal note: Determination (3) For the purposes of subsection (2), the amount of the surplus is determined by the Bank of Canada.
- Marginal note: 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.
- Marginal note: 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
Marginal note: 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.
- 2016, c. 12, s. 121
Marginal note: 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
Marginal note: 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
Marginal note: 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
Marginal note: 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
PART IV Public Debt
Marginal note: 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.
- R.S., 1985, c. F-11, s. 43
- 1999, c. 26, s. 21(E)
- 2001, c. 11, s. 4
43.1 [Repealed, 2016, c. 7, s. 182]
Marginal note: 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.
- Marginal note: 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.
- Marginal note: 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.
- Marginal note: 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.
- Marginal note: 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).
- Marginal note: 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
Marginal note: 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.
- R.S., 1985, c. F-11, s. 45
- 1999, c. 26, s. 22
Marginal note: 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
Marginal note: 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
Marginal note: 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
Marginal note: 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
Marginal note: 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.
- Marginal note: 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.
- (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
Marginal note: Report on debt management
- 49 (1) After the Public Accounts are tabled in the House of Commons, the Minister shall cause to be tabled in each House of Parliament, within the first 30 days on which that House is sitting after the Public Accounts are tabled in the House of Commons, a report on the activities of the Minister in relation to the following:
- (a) the money borrowed in the fiscal year to which the Public Accounts relate;
- (a.1) the money that is borrowed under an order made under paragraph 46.1(c) of the Financial Administration Act , other than that borrowed under such an order made during the period beginning on March 23, 2021 and ending on May 6, 2021, and that is due at the end of the fiscal year to which the Public Accounts relate; and
- (a.2) [Repealed, 2021, c. 7, s. 19]
- (b) the management of the public debt in the fiscal year to which the Public Accounts relate.
- (a) the money to be borrowed in that fiscal year and the purposes for which the moneys will be borrowed; and
- (b) the management of the public debt in that fiscal year.
- R.S., 1985, c. F-11, s. 49
- 1999, c. 26, s. 23
- 2007, c. 29, s. 87
- 2016, c. 7, s. 184
- 2020, c. 5, s. 25
- 2021, c. 7, s. 19
- 2022, c. 10, s. 185
Marginal note: Report — borrowings in respect of extraordinary circumstances
- 49.1 (1) The Minister shall cause to be tabled in each House of Parliament a report on the money borrowed or to be borrowed under an order made under paragraph 46.1(c) within the first 30 days on which that House is sitting after the day on which the Governor in Council’s authorization is given under that paragraph.
- Marginal note: Report — borrowings in respect of extraordinary circumstances (2) The Minister shall cause to be tabled in each House of Parliament a report on the money borrowed or to be borrowed under paragraph 47(b) within the first 30 days on which that House is sitting after the day on which the Minister first borrows money under that paragraph.
- 2016, c. 7, s. 185
- 2020, c. 5, s. 26
Marginal note: Signing securities
- 50 (1) Security certificates evidencing securities issued under the authority of this Part shall be signed by the Deputy Minister of Finance or an officer of the Department of Finance designated by the Governor in Council to sign on behalf of the Deputy Minister of Finance, and shall be countersigned by such officer of the Department of Finance or other person as the Governor in Council designates for that purpose.
- Marginal note: Facsimile signatures (2) The Minister may direct that there be substituted for signatures in the proper handwriting of one or both of the persons authorized to sign or countersign security certificates under subsection (1), facsimiles of those signatures.
- R.S., 1985, c. F-11, s. 50
- 1995, c. 17, s. 59
Marginal note: Registrars and fiscal agents
- 51 (1) The Governor in Council may
- (a) appoint one or more registrars to perform such services in respect of the registration of loans as the Governor in Council may prescribe;
- (b) appoint one or more fiscal agents to perform such services in respect of loans as the Governor in Council may prescribe; and
- (c) fix the remuneration or compensation of any registrar or fiscal agent appointed under this section.
- R.S., 1985, c. F-11, s. 51
- 1999, c. 26, s. 23.1
Marginal note: Records of money borrowed
- 52 (1) The Minister shall cause to be maintained a system of books and records
- (a) showing all money authorized by Parliament to be borrowed by the issue and sale of securities;
- (b) containing a description and record of all money so borrowed and securities issued; and
- (c) showing all amounts paid in respect of the principal of or interest on all money so borrowed.
- R.S., c. F-10, s. 43
Marginal note: Sinking fund
53 The Governor in Council may provide for the creation and management of a sinking fund with respect to any issue of securities or with respect to all securities issued.
- R.S., c. F-10, s. 44
Marginal note: Borrowed money and interest
54 The repayment of all money borrowed and interest on that money, including the principal of and interest on all securities issued by or on behalf of Her Majesty with the authority of Parliament, is a charge on and payable out of the Consolidated Revenue Fund.
- R.S., 1985, c. F-11, s. 54
- 2007, c. 29, s. 88
Marginal note: Payment of loan expenses
55 With the authority of the Governor in Council, there may be paid out of the Consolidated Revenue Fund
- (a) all money required under section 53 to provide a sinking fund or other means of securing repayment of securities;
- (b) the remuneration and compensation of registrars and fiscal agents appointed under section 51;
- (c) all costs, expenses and charges incurred in the negotiation or raising of loans or in the issue, redemption, servicing, payment and management of any loan and any securities issued in respect thereof;
- (d) all money required to be paid under contracts and agreements entered into under this Part, either before or after the coming into force of this paragraph; 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 borrowing of money under subsection 44(3).
- R.S., 1985, c. F-11, s. 55
- 1991, c. 24, s. 50(F)
- 1999, c. 26, s. 23.2
- 2016, c. 12, s. 122
Marginal note: Payment for securities to agent or by salary deduction in trust money
- 56 (1) Where it is provided by a prospectus or other official notice issued by or under the authority of the Minister that a subscriber may purchase securities by payments to an authorized agent or by deductions from the remuneration of the subscriber by his employer, the amount of any such payment or deduction that has not been accounted for by the delivery of securities to the subscriber or repaid to the subscriber shall be deemed to be money received in trust for Her Majesty by the agent or employer for which the agent or employer is accountable to Her Majesty under section 76.
- Marginal note: Amount deemed segregated in trust (2) Where money paid or deducted pursuant to subsection (1) cannot be identified among the assets of the employer or agent, a portion of those assets equal in value to the amount of the payment or deduction shall be deemed to be segregated and held in trust for Her Majesty.
- R.S., 1985, c. F-11, s. 56
- 1991, c. 24, s. 50(F)
Marginal note: Investors’ Indemnity Account
57 There shall be established in the accounts of Canada an account to be known as the Investors’ Indemnity Account to which shall be credited the sum of twenty-five thousand dollars, such further amounts as are appropriated by Parliament for the purposes of this section and any recoveries of the losses referred to in section 58.
- R.S., c. F-10, s. 48
Marginal note: Payment of losses
58 The Minister may, in accordance with and subject to the regulations, pay out of the Investors’ Indemnity Account any losses sustained by subscribers for securities who have paid all or part of the purchase price for those securities but have not received the security or repayment of the amount so paid, and losses sustained by any person in the redemption of securities.
- R.S., c. F-10, s. 49
Marginal note: Not bound to execute trusts
59 Her Majesty and a fiscal agent or registrar acting as such are not bound to see to the execution of any express or implied trust to which any securities are subject.
- R.S., c. F-10, s. 50
Marginal note: Regulations
- 60 (1) The Governor in Council may make such regulations as he deems necessary to provide for the management of the public debt of Canada and the payment of interest thereon and, without limiting the generality of the foregoing, may make regulations
- (a) for the inscription of security certificates and the registration of securities and prescribing the effect of the inscription or registration;
- (b) for the transmission, transfer, redemption and cancellation of securities and the exchange and destruction of any security certificates, and, without limiting the generality of the foregoing,
- (i) for the transmission, transfer or redemption of securities pursuant to a judgment or as the result of the death, dissolution or bankruptcy of the registered owner of the securities, and
- (ii) prescribing the conditions on which the transfer and redemption of securities or the exchange of security certificates registered in the names of infants, minors or other persons not of full capacity to enter into ordinary contracts may be made;
- (a) the specified transaction;
- (b) a particular transaction named by the Minister within the specified class;
- (c) transactions of a particular subclass described by the Minister within the specified class; or
- (d) transactions of the specified class.
- R.S., 1985, c. F-11, s. 60
- 1995, c. 17, s. 60
- 2001, c. 11, s. 5
Marginal note: Delegation
60.1 The Minister may delegate to any officer of the Department of Finance any of the powers, duties and functions of the Minister under this Part, except the power to delegate under this section.
- 1999, c. 26, s. 24
PART IV.1 Stability and Efficiency of the Financial System
Marginal note: Definitions
- 60.2 (1) The following definitions apply in this Part. means a bond, debenture, note or other evidence of indebtedness of an entity, whether secured or unsecured. ( titre de créance ) means an entity, including a trust, that, in the Minister’s opinion, is operating in Canada. ( entité ) includes markets for money, bonds, equities, derivatives, foreign exchange and commodities. ( marchés financiers ) includes financial institutions, financial markets and payment systems as defined in section 36 of the Canadian Payments Act . ( système financier ) means
- (a) in relation to a corporation, a share, a class of shares or a debt obligation of the corporation, and includes any conversion or exchange privilege, option or other right to acquire a share of the corporation; and
- (b) in relation to any other entity, any ownership interest in or debt obligation of the entity. ( titre )
- (a) purchase, acquire, hold, lend or sell or otherwise dispose of securities of an entity;
- (b) create a charge on, or right or interest in, securities of an entity held by the Minister;
- (c) make a loan to an entity;
- (d) provide a line of credit to an entity;
- (e) guarantee any debt, obligation or financial asset of an entity; or
- (f) provide loan insurance or credit insurance for the benefit of an entity in respect of any debt, obligation or financial asset of the entity.
- (a) shares, as defined in subsection 973.2(15) of the Bank Act , of a bank or bank holding company, as defined in section 2 of that Act;
- (b) shares, as defined in subsection 459.9(14) of the Cooperative Credit Associations Act , of an association as defined in section 2 of that Act;
- (c) shares, as defined in subsection 1016.7(15) of the Insurance Companies Act , of a company or insurance holding company, as defined in subsection 2(1) of that Act; or
- (d) shares, as defined in subsection 527.9(15) of the Trust and Loan Companies Act , of a company as defined in section 2 of that Act.
- 2009, c. 2, s. 232
- 2020, c. 5, s. 27
- 2020, c. 6, s. 8
Marginal note: Incorporation
- 60.3 (1) If, in the Minister’s opinion, it is necessary to promote the stability or maintain the efficiency of the financial system in Canada, the Minister may, during the period beginning on the day on which this subsection comes into force and ending on September 30, 2020, with the Governor in Council’s authorization, procure the incorporation of a corporation, all of the shares of which are held by the Minister on behalf of Her Majesty in right of Canada.
- Marginal note: Not agent of Her Majesty (2) The corporation is not an agent of Her Majesty in right of Canada unless it is declared to be an agent of Her Majesty under an Act of Parliament.
- Marginal note: Application of Part X (3) Subject to any regulations made under subsection (4), Part X does not apply to the corporation.
- Marginal note: Regulations (4) The Minister may make regulations respecting the governance of the corporation, including regulations that adapt any provisions of this Act or the Canada Business Corporations Act and any regulations made under those Acts for the purpose of applying those provisions as adapted to the corporation.
- Marginal note: Directives (5) The Minister may give a directive to the corporation.
- Marginal note: Implementation (6) The directors of the corporation shall ensure that a directive is implemented in a prompt and efficient manner.
- Marginal note: Best interests (7) Compliance by the corporation with a directive is deemed to be in the best interests of the corporation.
- Marginal note: Terms and conditions (8) The Minister may, by order, establish terms and conditions in accordance with which the corporation shall enter into financial transactions.
- Marginal note: Contract with Her Majesty (9) The corporation may enter into a contract with Her Majesty in right of Canada.
- Marginal note: Payments out of C.R.F. (10) The Minister may make payments to the corporation out of the Consolidated Revenue Fund, at the times and in the manner that the Minister considers appropriate.
- Marginal note: Loans to corporation (11) The Minister may, out of the Consolidated Revenue Fund, lend money to the corporation on any terms and conditions that the Minister may fix.
- Marginal note: Powers of Minister (12) The Minister may merge, sell, wind-up or dissolve the corporation, dispose of any or all shares of the corporation or take other similar measures in respect of the corporation.
- Marginal note: Statutory Instruments Act (13) The Statutory Instruments Act does not apply to a directive given under subsection (5) or to an order made under subsection (8).
- Marginal note: Publication in Canada Gazette (14) The Minister shall publish a directive given under subsection (5) or an order made under subsection (8) in the Canada Gazette .
- 2020, c. 5, s. 28
- 2020, c. 6, s. 9
Marginal note: Entity other than corporation
- 60.4 (1) If, in the Minister’s opinion, it is necessary to promote the stability or maintain the efficiency of the financial system in Canada, the Minister may, during the period beginning on the day on which this subsection comes into force and ending on September 30, 2020, with the Governor in Council’s authorization, establish an entity, other than a corporation, on any terms and conditions that the Minister considers appropriate.
- Marginal note: Payments out of C.R.F. (2) The Minister may make payments to the entity out of the Consolidated Revenue Fund, at the times and in the manner that the Minister considers appropriate.
- Marginal note: Loans to entity (3) The Minister may, out of the Consolidated Revenue Fund, lend money to the entity on any terms and conditions that the Minister may fix.
- 2020, c. 5, s. 28
- 2020, c. 6, s. 10
PART V Public Property
Marginal note: Transfers, etc., of public property
- 61 (1) Subject to any other Act of Parliament, no transfer, lease or loan of public property shall be made except under the Federal Real Property and Federal Immovables Act in the case of federal real property or a federal immovable as defined in that Act, or under subsection (2) in the case of other public property.
- Marginal note: Regulations (2) The Governor in Council, on the recommendation of the Treasury Board, may authorize or make regulations authorizing the transfer, lease or loan of public property other than federal real property and federal immovables as defined in the Federal Real Property and Federal Immovables Act .
- R.S., 1985, c. F-11, s. 61
- 1991, c. 50, s. 27
- 2001, c. 4, s. 160
- 2015, c. 3, s. 93(F)
Marginal note: Management of public property
62 The deputy head of every department shall maintain adequate records in relation to public property for which the department is responsible and shall comply with regulations of the Treasury Board governing the custody and control of public property.
- R.S., c. F-10, s. 53
PART VI Public Accounts
Marginal note: Accounts of Canada
- 63 (1) Subject to regulations of the Treasury Board, the Receiver General shall cause accounts to be kept in such manner as to show
- (a) the expenditures made under each appropriation;
- (b) the revenues of Canada; and
- (c) the other payments into and out of the Consolidated Revenue Fund.
- R.S., 1985, c. F-11, s. 63
- 1999, c. 31, s. 111(F)
Marginal note: Submission of Public Accounts to Parliament
- 64 (1) A report, called the Public Accounts, shall be prepared by the Receiver General for each fiscal year and shall be laid before the House of Commons by the President of the Treasury Board on or before December 31 next following the end of that fiscal year or, if the House of Commons is not then sitting, on any of the first fifteen days next thereafter that the House of Commons is sitting.
- Marginal note: Contents of Public Accounts (2) The Public Accounts shall be in such form as the President of the Treasury Board and the Minister may direct, and shall include
- (a) a statement of
- (i) the financial transactions of the fiscal year,
- (ii) the expenditures and revenues of Canada for the fiscal year, and
- (iii) such of the assets and liabilities of Canada as, in the opinion of the President of the Treasury Board and the Minister, are required to show the financial position of Canada as at the termination of the fiscal year;
- R.S., 1985, c. F-11, s. 64
- 1999, c. 31, s. 112(F)
Marginal note: Ministers to provide records, etc.
65 For the purpose of the keeping of the accounts of Canada under section 63 and the preparation of the Public Accounts under section 64, the Receiver General may, from time to time, subject to such regulations as the Treasury Board may make, send a notice to each appropriate Minister requesting such records, accounts or statements or other information as is specified in the notice and each appropriate Minister shall, within such reasonable time as is specified in the notice, provide the Receiver General with the records, accounts or statements or other information requested.
- R.S., c. F-10, s. 56
- R.S., c. 11(2nd Supp.), s. 1
- 1976-77, c. 34, s. 23
- 1980-81-82-83, c. 170, s. 16
Marginal note: Quarterly financial reports
- 65.1 (1) Every department shall cause to be prepared, in the form and manner provided for by the Treasury Board, a quarterly financial report for each of the first three fiscal quarters of each fiscal year.
- Marginal note: Contents (2) The report shall contain
- (a) a financial statement for the fiscal quarter and the period from the start of the fiscal year to the end of that fiscal quarter;
- (b) comparative financial information for the preceding fiscal year; and
- (c) a statement outlining the results, risks and significant changes in relation to operations, personnel and programs.
- 2009, c. 31, s. 58
PART VII Assignment of Crown Debts
Marginal note: Definitions
66 In this Part,
, in relation to a Crown debt, means the paying officer who makes the payments in respect of that debt; ( agent payeur compétent )
means a contract involving the payment of money by the Crown; ( marché )
means Her Majesty in right of Canada; ( Sa Majesté )
means any existing or future debt due or becoming due by the Crown, and any other chose in action in respect of which there is a right of recovery enforceable by action against the Crown; ( créance sur Sa Majesté )
means any person designated as such by regulation; ( agent payeur )
means prescribed by regulation. ( Version anglaise seulement )
- R.S., 1985, c. F-11, s. 66
- 1999, c. 31, s. 113(F)
Marginal note: General prohibition
67 Except as provided in this Act or any other Act of Parliament,
- (a) a Crown debt is not assignable; and
- (b) no transaction purporting to be an assignment of a Crown debt is effective so as to confer on any person any rights or remedies in respect of that debt.
- R.S., c. F-10, s. 80
Marginal note: Assignments of specified Crown debts
- 68 (1) Subject to this section, an assignment may be made of
- (a) a Crown debt that is an amount due or becoming due under a contract; and
- (b) any other Crown debt of a prescribed class.
- (a) it is absolute, in writing and made under the hand of the assignor;
- (b) it does not purport to be by way of charge only; and
- (c) notice of the assignment has been given to the Crown as provided in section 69.
- (a) the legal right to the Crown debt;
- (b) all legal and other remedies for the Crown debt; and
- (c) the power to give a good discharge for the Crown debt without the concurrence of the assignor.
- R.S., 1985, c. F-11, s. 68
- 1991, c. 24, s. 49(E)
Marginal note: Notice of assignment
- 69 (1) The notice referred to in paragraph 68(2)(c) shall be given to the Crown by serving on or sending by registered mail to the Receiver General or a paying officer, in prescribed form, notice of the assignment, together with a copy of the assignment accompanied by such other documents completed in such manner as may be prescribed.
- Marginal note: When notice deemed served (2) Service of the notice referred to in subsection (1) shall be deemed not to have been effected until acknowledgment of the notice, in prescribed form, is sent to the assignee, by registered mail, under the hand of the appropriate paying officer.
- R.S., c. F-10, s. 82
Marginal note: Limitation of application of this Part
70 This Part does not apply
- (a) to any negotiable instrument;
- (b) to any Crown debt incurred by or in the name of a corporation set out in Schedule III; or
- (c) to any securities issued under Part IV.
- R.S., 1985, c. F-11, s. 70
- 1998, c. 13, s. 21
Marginal note: Regulations
71 The Governor in Council may make regulations
- (a) designating persons as paying officers for the purposes of this Part;
- (b) prescribing additional classes of Crown debts for the purpose of subsection 68(1);
- (c) prescribing the forms of notices of assignment and acknowledgments thereof;
- (d) prescribing the documents to be submitted in connection with a notice of assignment, the forms of those documents and the manner in which they are to be completed; and
- (e) generally, for carrying into effect the purposes and provisions of this Part.
- R.S., c. F-10, s. 84
PART VIII Assignment of Debts Due to the Crown Under Payment Bonds
Marginal note: Definitions
72 In this Part,
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 )
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)
Marginal note: 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).
- R.S., 1985, c. F-11, s. 73
- 1991, c. 24, s. 50(F)
Marginal note: 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.
- Marginal note: 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)
Marginal note: 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
PART IX Civil Liability and Offences
Marginal note: 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.
- R.S., 1985, c. F-11, s. 76
- 1991, c. 24, ss. 20, 50(F)
- 1999, c. 31, s. 114(F)
Marginal note: 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
Marginal note: 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
Marginal note: 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
Marginal note: 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.
- (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
Marginal note: 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
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
Marginal note: 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
PART X Crown Corporations
Interpretation
Marginal note: Definitions
- 83 (1) In this Part, 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 ) includes elect and designate; ( nomination ) 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
- (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 )
includes a partnership of auditors; ( vérificateur )
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 )
means a by-law, by whatever name called, of a corporation and includes an amendment or a repeal of a by-law; ( règlements administratifs )
means a person occupying the position of chairperson, by whatever name called, of the board of directors of a corporation; ( président )
- (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 )
includes a company or other body corporate wherever or however incorporated; ( personne morale )
means Her Majesty in right of Canada; ( Sa Majesté )
means a parent Crown corporation or a wholly-owned subsidiary; ( société d’État )
[Repealed, 1991, c. 24, s. 21]
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 )
, 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 )
means a corporation that is wholly owned directly by the Crown, but does not include a departmental corporation; ( société d’État mère )
means the regulations made under this Part; ( règlements )
includes a membership interest or ownership interest in a corporation; ( action )
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 )
- (a) all of the issued and outstanding shares of the corporation, other than shares necessary to qualify persons as directors, are held, otherwise than by way of security only, by, on behalf of or in trust for the Crown; or
- (b) all the directors of the corporation, other than ex officio directors, are appointed by the Governor in Council or by a minister of the Crown with the approval of the Governor in Council.
- (a) are deemed not to be held by or on behalf of the Crown; and
- (b) are not by reason of that fact alone shares held in trust for the Crown.
- (a) all of the issued and outstanding shares of the corporation, other than shares necessary to qualify persons as directors, are held, otherwise than by way of security only, by, on behalf of or in trust for the one or more other corporations;
- (b) all the directors of the corporation are appointed by the board or boards of directors of the one or more other corporations; or
- (c) all the directors of the one or more other corporations are, by virtue of their being directors of the one or more other corporations, directors of the corporation.
- (a) one corporation is an affiliate of another corporation if one of them is the subsidiary of the other or both are subsidiaries of the same corporation or each of them is controlled by the same person; and
- (b) if two corporations are affiliates of the same corporation at the same time, they are deemed to be affiliates of each other.
- (a) shares of the corporation to which are attached more than fifty per cent of the votes that may be cast to elect directors of the corporation are held, otherwise than by way of security only, by, on behalf of or in trust for that person; and
- (b) the votes attached to those shares are sufficient, if exercised, to elect a majority of the directors of the corporation.
- R.S., 1985, c. F-11, s. 83
- R.S., 1985, c. 1 (4th Supp.), s. 26
- 1991, c. 24, s. 21
- 2005, c. 30, s. 133(E)
Application
Marginal note: Binding on the Crown
84 For greater certainty, this Part is binding on the Crown.
- 1984, c. 31, s. 11
Marginal note: 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.
- Marginal note: 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.
- Marginal note: 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.
- Marginal note: 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.
- Marginal note: 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.
- 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
Marginal note: 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.
- Marginal note: 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
Marginal note: 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
DIVISION I Corporate Affairs
Accountability to Parliament
Marginal note: 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
Directives
Marginal note: 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.
- Marginal note: 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]
- Marginal note: 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]
- Marginal note: 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.
- Marginal note: 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
Marginal note: 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.
- Marginal note: Best interests (2) Compliance by a parent Crown corporation with a directive is deemed to be in the best interests of the corporation.
- Marginal note: Definition of (3) In this section, 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)
Implementation of World Trade Organization Agreement
Marginal note: 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.
- Marginal note: 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.
- Marginal note: Definition (3) In subsections (1) and (2), has the meaning given to the word by subsection 2(1) of the World Trade Organization Agreement Implementation Act .
- 1994, c. 47, s. 116
- 2006, c. 9, s. 263
Implementation of Canadian Free Trade Agreement
Marginal note: 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 , 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
Implementation of Canada-Chile Free Trade Agreement
Marginal note: 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.
- Marginal note: 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.
- Marginal note: Definition of (3) In subsections (1) and (2), has the meaning given to the word by subsection 2(1) of the Canada-Chile Free Trade Agreement Implementation Act .
- 1997, c. 14, s. 79
- 2006, c. 9, s. 265
Implementation of Canada–Colombia Free Trade Agreement
Marginal note: Directive
- 89.41 (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–Colombia Free Trade Agreement that pertains to that Crown corporation.
- Marginal note: 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 any regulations in relation to that corporation that the Governor in Council considers necessary for the purpose of implementing any provision of the Canada–Colombia Free Trade Agreement that pertains to that corporation.
- Marginal note: Definition of (3) In subsections (1) and (2), has the same meaning as in section 2 of the Canada–Colombia Free Trade Agreement Implementation Act .
- 2010, c. 4, s. 47
Implementation of Canada — Costa Rica Free Trade Agreement
Marginal note: Directive
- 89.5 (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 — Costa Rica Free Trade Agreement that pertains to that Crown corporation.
- Marginal note: 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 — Costa Rica Free Trade Agreement that pertains to that corporation.
- Marginal note: Definition of (3) In subsections (1) and (2), has the meaning given to the word by subsection 2(1) of the Canada — Costa Rica Free Trade Agreement Implementation Act .
- 2001, c. 28, s. 51
- 2006, c. 9, s. 266
Implementation of Canada–Peru Free Trade Agreement
Marginal note: Directive
- 89.6 (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–Peru Free Trade Agreement that pertains to that Crown corporation.
- Marginal note: 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 any regulations in relation to that corporation that the Governor in Council considers necessary for the purpose of implementing any provision of the Canada–Peru Free Trade Agreement that pertains to that corporation.
- Marginal note: Definition of (3) In subsections (1) and (2), has the same meaning as in section 2 of the Canada–Peru Free Trade Agreement Implementation Act .
- 2009, c. 16, s. 55
Implementation of Other Free Trade Agreements
Marginal note: Directive
- 89.7 (1) 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 a free trade agreement set out in Schedule VII that pertains to that Crown corporation.
- Marginal note: 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 any regulations in relation to that corporation that the Governor in Council considers necessary for the purpose of implementing any provision of a free trade agreement set out in Schedule VII that pertains to that corporation.
- 2012, c. 18, s. 42
Orders — Terms and Conditions of Employment
Marginal note: Order — unionized employees
- 89.8 (1) The Governor in Council may, by order, direct a Crown corporation to have its negotiating mandate approved by the Treasury Board for the purpose of the Crown corporation entering into a collective agreement with a bargaining agent for a bargaining unit.
- Marginal note: Power of Treasury Board (2) If the Governor in Council directs a Crown corporation to have its negotiating mandate approved, the Treasury Board may impose any requirement on the Crown corporation with respect to that negotiating mandate.
- Marginal note: Attendance and observation (3) If the Governor in Council directs a Crown corporation to have its negotiating mandate approved, the Treasury Board may require that an employee under the jurisdiction of the Secretary of the Treasury Board attend and observe the collective bargaining between the Crown corporation and the bargaining agent, in which case that employee is entitled to do so.
- Marginal note: Collective agreement (4) A Crown corporation that is subject to an order made under subsection (1) may enter into a collective agreement referred to in the order only with the Treasury Board’s approval.
- 2013, c. 33, s. 229
Marginal note: Order — non-unionized employees
- 89.9 (1) The Governor in Council may, by order, direct a Crown corporation to obtain the Treasury Board’s approval before the Crown corporation fixes the terms and conditions of employment of its non-unionized employees who are not appointed by the Governor in Council.
- Marginal note: Power of Treasury Board (2) If the Governor in Council directs a Crown corporation to obtain the Treasury Board’s approval, the Treasury Board may impose any requirement on the Crown corporation with respect to the terms and conditions of employment of those employees.
- 2013, c. 33, s. 229
Marginal note: Directors’ duty to comply
- 89.91 (1) The directors of a Crown corporation that is subject to an order made under subsection 89.8(1) or 89.9(1) shall ensure that subsection 89.8(4), the order and any requirement imposed under subsection 89.8(2) or 89.9(2) are complied with and, if in so doing they act in accordance with section 115, they are not accountable for any consequences arising from that compliance.
- Marginal note: Best interests (2) Compliance by a Crown corporation with subsection 89.8(4), the order or the requirement is deemed to be in the best interests of the corporation.
- 2013, c. 33, s. 229
Marginal note: Treasury Board not employer
89.92 For greater certainty, including for the purposes of the Canada Labour Code , the Treasury Board is neither the employer of the employees of the Crown corporation that is subject to an order made under subsection 89.8(1) or 89.9(1) nor an employer representative of the Crown corporation or a person acting on the Crown corporation’s behalf.
- 2013, c. 33, s. 229
Restricted Transactions
Marginal note: Transactions requiring Parliamentary authorization
- 90 (1) No person shall, unless authorized by an Act of Parliament,
- (a) procure the incorporation of a corporation any shares of which, on incorporation, would be held by, on behalf of or in trust for the Crown;
- (b) acquire shares of a corporation that, on acquisition, would be held by, on behalf of or in trust for the Crown;
- (c) apply for articles that would add to or otherwise make a material change in the objects or purposes for which a parent Crown corporation is incorporated, or the restrictions on the businesses or activities that a parent Crown corporation may carry on, as set out in its articles;
- (d) sell or otherwise dispose of any shares of a parent Crown corporation; or
- (e) procure the dissolution or amalgamation of a parent Crown corporation.
- (a) are deemed not to be held by or on behalf of the Crown; and
- (b) are not by reason of that fact alone shares held in trust for the Crown.
- (a) a reference to an acquisition or a sale or other disposal includes an acquisition or a sale or other disposal
- (i) that is between agent corporations or between the Crown and an agent corporation, or
- (ii) that occurs as a result of more than one related transaction or event;
- R.S., 1985, c. F-11, s. 90
- 1991, c. 24, s. 50(F)
Marginal note: Transactions requiring Governor in Council authorization
- 91 (1) Subject to section 90, no parent Crown corporation or wholly-owned subsidiary of a parent Crown corporation shall, unless authorized by the Governor in Council,
- (a) procure the incorporation of a corporation any shares of which, on incorporation, would be held by, on behalf of or in trust for the corporation or subsidiary;
- (b) acquire shares of a corporation that, on acquisition, would be held by, on behalf of or in trust for the corporation or subsidiary;
- (c) acquire all or substantially all of the assets of another corporation;
- (d) sell or otherwise dispose of any shares of a wholly-owned subsidiary of the corporation; or
- (e) procure the dissolution or amalgamation of a wholly-owned subsidiary of the corporation.
- (a) sell or otherwise dispose of any shares of the subsidiary; or
- (b) sell or otherwise dispose of all or substantially all of the assets of the subsidiary.
- R.S., 1985, c. F-11, s. 91
- 1991, c. 24, ss. 25, 50(F)
Marginal note: Exceptions
- 92 (1) Sections 90 and 91 do not apply in respect of
- (a) the acquisition of shares or assets by way of security only, or the sale or other disposal of shares or assets held by way of security only;
- (b) the acquisition or the sale or other disposal of shares or assets in the ordinary course of a business of providing financial assistance;
- (c) the acquisition or the sale or other disposal of shares or assets, if the acquisition, sale or disposal involves only
- (i) a parent Crown corporation and one or more wholly-owned subsidiaries of the corporation, or
- (ii) two or more wholly-owned subsidiaries
and is made as part of a bona fide reorganization of the parent Crown corporation or wholly-owned subsidiaries;
- (a) a majority of the directors or members are nominated or appointed by or on behalf of the Crown or by directors or members who were nominated or appointed by or on behalf of the Crown; or
- (b) the Crown would otherwise obtain control of the corporation.
- R.S., 1985, c. F-11, s. 92
- 1991, c. 24, s. 26
Marginal note: Notification
- 93 (1) Where a person undertakes a transaction referred to in section 90 or 91, that person shall notify the prescribed person in accordance with the regulations.
- Marginal note: Regulations (2) For the purposes of subsection (1), the Governor in Council may make regulations prescribing the person to be notified and the time within which and manner in which that person is to be notified.
- 1984, c. 31, s. 11
Marginal note: Dissolution
- 94 (1) Notwithstanding section 90, where a parent Crown corporation is not named in Schedule III within a period of sixty days after its incorporation or acquisition, the directors and shareholders of the corporation shall forthwith after the expiration of that period take all steps necessary to dissolve the corporation.
- Marginal note: Dissolution or sale (2) Notwithstanding section 91, the Governor in Council may direct that
- (a) any wholly-owned subsidiary incorporated contrary to section 91 be dissolved or otherwise disposed of,
- (b) any shares of a corporation acquired contrary to section 91 be sold or otherwise disposed of,
- (c) any change effected by articles contrary to section 91 be reversed, or
- (d) any assets acquired contrary to section 91 be sold or otherwise disposed of,
and the directors and shareholders of the corporation in respect of which the direction is given shall forthwith take all steps necessary to comply with the direction.
- R.S., 1985, c. F-11, s. 94
- 1991, c. 24, s. 27
Marginal note: No inconsistent business or activity
- 95 (1) No parent Crown corporation or wholly-owned subsidiary of a parent Crown corporation shall carry on any business or activity that is not consistent with the objects or purposes for which the parent Crown corporation is incorporated, or the restrictions on the businesses or activities that it may carry on, as set out in its charter.
- Marginal note: Savings (2) Subsection (1) shall not be construed as prohibiting or restricting a parent Crown corporation or wholly-owned subsidiary from continuing to carry on any business or activity that it carried on immediately before September 1, 1984.
- 1984, c. 31, s. 11
Crown Agency Status
Marginal note: Exercise of powers
96 An agent corporation may exercise its powers only as an agent of the Crown.
- 1984, c. 31, s. 11
Marginal note: Name in contracts
97 An agent corporation may enter into contracts in the name of the Crown or in the name of the corporation.
- 1984, c. 31, s. 11
Marginal note: Legal proceedings
98 Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by an agent corporation, whether in the name of the Crown or in the name of the corporation, may be brought or taken by or against the corporation in the name of the corporation in any court that would have jurisdiction if the corporation were not an agent of the Crown.
- 1984, c. 31, s. 11
Marginal note: Property of the Crown
- 99 (1) Where the title to property is held in the name of an agent corporation, that property is the property of the Crown.
- Marginal note: Disposal of property (2) Subject to this section and sections 90, 91 and 130, an agent corporation may sell or otherwise dispose of or lease any property held by the corporation and may retain and use the proceeds of the disposal or lease, but only
- (a) in accordance with the regulations; or
- (b) on the authorization of the Governor in Council.
- (a) to sell or otherwise dispose of or lease property; or
- (b) to sell or otherwise dispose of or lease property for consideration not exceeding a specified amount and the sale or other disposal or lease of the property is for consideration equal to or less than the specified amount.
- (a) prescribing the terms and conditions on which an agent corporation may sell or otherwise dispose of or lease property;
- (b) prescribing the circumstances in which an agent corporation may retain and use all or any part of the proceeds of any disposal or lease of property; and
- (c) exempting a specified agent corporation or an agent corporation of a specified class from the application of paragraphs (2)(a) and (b), either generally or in respect of any specified property or any property of a specified class.
- R.S., 1985, c. F-11, s. 99
- 1991, c. 24, s. 28, c. 50, s. 28
- 2001, c. 4, s. 161
- 2009, c. 2, s. 370
Marginal note: Security interests
- 100 (1) Subject to subsection (2), no agent corporation, for the purposes of securing payment of a debt or performance of an obligation, shall charge, mortgage, hypothecate, cede and transfer, pledge or otherwise create an interest in or charge on any property held by the corporation.
- Marginal note: Exception (2) Subject to any terms and conditions set out in the designation, an agent corporation designated by the Minister may pledge any securities or cash that it holds, or give deposits, as security for the payment or performance of any obligation of the corporation arising out of any derivative that it enters into or guarantees for the management of financial risks.
- R.S., 1985, c. F-11, s. 100
- 2013, c. 40, s. 270
Marginal note: Borrowing
- 101 (1) No agent corporation shall borrow money otherwise than from the Crown, unless the corporation is both
- (a) empowered by an Act of Parliament to so borrow money; and
- (b) specifically authorized by any Act of Parliament, including an appropriation Act, to so borrow money.
- R.S., 1985, c. F-11, s. 101
- 2018, c. 12, s. 200
Third Parties
Marginal note: Assertions
- 102 (1) A Crown corporation may not assert against a person dealing with the corporation or with any person who has acquired rights from the corporation that
- (a) this Part or the regulations, the charter or by-laws of the corporation or any directive given to the corporation have not been complied with,
- (b) a person held out by the corporation as a director, officer or agent of the corporation has not been duly appointed or has no authority to exercise the powers and perform the duties that are customary in the business or activity of the corporation or usual for such a director, officer or agent, or
- (c) a document issued by any director, officer or agent of the corporation having apparent authority to issue the document is not valid or genuine by reason only that the director, officer or agent lacked actual authority to issue the document,
except where the person has knowledge that the facts asserted are true.
- (a) any particular transaction has been authorized by the Governor in Council pursuant to section 91 or 99, has or has not been directed by the Governor in Council pursuant to section 94 or has been approved by the Minister of Finance pursuant to subsection 127(3),
- (b) any particular transaction is consistent with a corporate plan or any amendment thereto approved pursuant to section 122, or
- (c) any particular capital expenditure or commitment to make a capital expenditure is included in a capital budget, an item in a capital budget or an amendment to a capital budget that has been approved pursuant to section 124
and that is signed by the chairperson or chief executive officer of a Crown corporation is sufficient confirmation of the statement to any person, except where the person has knowledge to the contrary.
- R.S., 1985, c. F-11, s. 102
- 2005, c. 30, s. 133(E)
Application
Marginal note: Provision not applicable
103 Section 268 of the Canada Business Corporations Act does not apply to a parent Crown corporation.
- R.S., 1985, c. F-11, s. 103
- 1994, c. 24, s. 34(F)
Marginal note: Act not applicable
104 The Canada Corporations Act , chapter C-32 of the Revised Statutes of Canada, 1970, does not apply to a parent Crown corporation.
- 1984, c. 31, s. 11
DIVISION II Directors and Officers
Interpretation
Marginal note: Definition of
104.1 In this Division, , in respect of a parent Crown corporation, means the chairperson and the chief executive officer of the corporation, by whatever name called.
- 1991, c. 24, s. 29
- 2004, c. 16, s. 7
Appointment
Marginal note: Appointment of directors
- 105 (1) Each director, other than an officer-director, of a parent Crown corporation shall be appointed by the appropriate Minister, with the approval of the Governor in Council, to hold office during pleasure for a term not exceeding four years that will ensure, as far as possible, the expiration in any one year of the terms of office of not more than one half of the directors of the corporation.
- Marginal note: Officer or employee not to be director (2) No officer or employee of a Crown corporation or any of its affiliates, other than the chief executive officer of a parent Crown corporation, shall be a director of the parent Crown corporation.
- Marginal note: Transitional provision (2.1) Any officer or employee of a Crown corporation or any of its affiliates, other than the chief executive officer of a parent Crown corporation, who was a director of the parent Crown corporation immediately before the day on which this subsection comes into force may continue as a director of that corporation for six months after that day or, if it is shorter, the remainder of his or her term.
- Marginal note: Re-appointment (3) A director of a parent Crown corporation is eligible for re-appointment on the expiration of his term of office.
- Marginal note: Continuation in office (4) Despite subsection (1), if a director of a parent Crown corporation is not appointed to take office on the expiration of the term of an incumbent director, other than an officer-director, the incumbent director continues in office until his or her successor is appointed.
- Marginal note: Appointment of officer-directors (5) Each officer-director of a parent Crown corporation shall be appointed by the Governor in Council to hold office during pleasure for such term as the Governor in Council considers appropriate.
- Marginal note: Consultation (6) Before an officer-director of a parent Crown corporation is appointed, the appropriate Minister shall consult the board of directors of the corporation with respect to the appointment.
- Marginal note: Appointment of subordinate officers (7) Subject to any other Act of Parliament that was in force on September 1, 1984, the board of directors of a parent Crown corporation is responsible for the appointment of officers of the corporation, other than officer-directors.
- Marginal note: Qualifications preserved (8) Nothing in this section is to be construed as empowering the appointment or re-appointment as a director or officer-director of a parent Crown corporation, or the continuation in office as a director of a parent Crown corporation, of any person who does not meet any qualifications for the appointment, re-appointment or continuation established by any other Act of Parliament.
- Marginal note: Exception (9) This section does not apply to an ex officio director or officer-director of a parent Crown corporation.
- (10) [Repealed, 1991, c. 24, s. 30]
- R.S., 1985, c. F-11, s. 105
- R.S., 1985, c. 1 (4th Supp.), s. 44(E)
- 1991, c. 24, s. 30
- 2004, c. 16, s. 8
- 2006, c. 9, s. 267
- 2009, c. 2, s. 371
Marginal note: Validity of acts
106 An act of a director, chairperson, chief executive officer or other officer of a parent Crown corporation is not invalid by reason only of an irregularity in his appointment or a defect in his qualifications.
- R.S., 1985, c. F-11, s. 106
- 2005, c. 30, s. 133(E)
Resignation
Marginal note: Resignation
- 107 (1) A resignation of a director, chairperson or chief executive officer of a parent Crown corporation becomes effective at the time the corporation receives a written resignation from him or at the time specified in the resignation, whichever is later.
- Marginal note: Copy of resignation (2) A parent Crown corporation shall send a copy of the resignation to the Clerk of the Privy Council within fifteen days after the parent Crown corporation receives it.
- R.S., 1985, c. F-11, s. 107
- 1991, c. 24, s. 31
- 2005, c. 30, s. 133(E)
Remuneration
Marginal note: Remuneration
- 108 (1) The rate of any remuneration paid to a director, chairperson or chief executive officer of a parent Crown corporation for his services in respect of that office and, in the case of a chairperson or chief executive officer, any other office of the corporation or an affiliate thereof shall be fixed by the Governor in Council.
- Marginal note: Other benefits (2) Any benefits, other than remuneration, provided to a director, chairperson or chief executive officer of a parent Crown corporation for his services in respect of that office and, in the case of a chairperson or chief executive officer, any other office of the corporation or an affiliate thereof shall be fixed by the board of directors of the corporation in accordance with the regulations.
- Marginal note: Wholly-owned subsidiary (2.1) The rate of any remuneration paid to a director, chairperson or chief executive officer of a wholly-owned subsidiary who is not also an officer-director of the parent Crown corporation for the director’s, chairperson’s or officer’s services in respect of that subsidiary shall be fixed by the board of directors of the parent Crown corporation.
- Marginal note: Regulations (3) For the purposes of this section, the Governor in Council may make regulations
- (a) defining the term ; and
- (b) respecting the provision and fixing of benefits, other than remuneration, to or for any director, chairperson or chief executive officer.
- R.S., 1985, c. F-11, s. 108
- 1991, c. 24, s. 32
- 2005, c. 30, s. 133(E)
Management
Marginal note: Management
109 Subject to this Part, the board of directors of a Crown corporation is responsible for the management of the businesses, activities and other affairs of the corporation.
- 1984, c. 31, s. 11
Marginal note: Resolution in lieu of meeting
- 110 (1) A resolution in writing, signed by all the directors of a Crown corporation entitled to vote on that resolution at a meeting of the board of directors or a committee of directors of the corporation is as valid as if it had been passed at a meeting of the board of directors or a committee of directors, as the case may be.
- Marginal note: Filing resolution (2) A copy of every resolution referred to in subsection (1) shall be kept with the minutes of the proceedings of the board of directors or committee of directors, as the case may be.
- 1984, c. 31, s. 11
Marginal note: Dissent
- 111 (1) A director of a Crown corporation who is present at a meeting of the board of directors or a committee of directors of the corporation is deemed to have consented to any resolution passed or action taken at that meeting unless the director
- (a) requests that written notice of his dissent be or written notice of his dissent is entered in the minutes of the meeting;
- (b) gives written notice of his dissent to the secretary of the meeting before the meeting is adjourned; or
- (c) sends written notice of his dissent by registered mail or delivers it to the head office of the corporation immediately after the meeting is adjourned.
- 1984, c. 31, s. 11
Marginal note: Dissent of absent director
112 A director of a Crown corporation who was not present at a meeting of the board of directors or a committee of directors of the corporation at which a resolution was passed or action taken is deemed to have consented thereto unless within seven days after becoming aware of the resolution or action the director
- (a) causes written notice of his dissent to be placed with the minutes of the meeting; or
- (b) sends written notice of his dissent by registered mail or delivers it to the head office of the corporation.
- 1984, c. 31, s. 11
Marginal note: Participation by telephone, etc.
113 A director of a Crown corporation may, subject to the by-laws of the corporation, participate in a meeting of the board of directors or a committee of directors of the corporation by means of such telephone or other communications facilities as permit all persons participating in the meeting to hear each other, and a director participating in such a meeting by such means is deemed for the purposes of this Part to be present at the meeting.
- 1984, c. 31, s. 11
Marginal note: Public meeting
- 113.1 (1) The board of directors of a parent Crown corporation shall hold a public meeting within 18 months after the day on which the board holds its first meeting or, if it is later, the day on which this section comes into force and, subsequently, within 15 months after the day on which the last preceding public meeting was held.
- Marginal note: By-laws (2) The meeting shall be held in Canada in the manner provided for in the by-laws or, if no manner is provided for, in the manner determined by the board of directors.
- Marginal note: Notice of meeting (3) The corporation shall publish a notice of the meeting at least 30 days before the day on which the meeting is to be held. The notice shall indicate the location, if any, and the date and time of the meeting, the means of participating in the meeting and how copies of the corporation’s most recent annual report may be obtained.
- Marginal note: Director and chief executive officer to attend (4) One or more directors of the corporation and its chief executive officer, whether or not he or she is a director of the corporation, shall participate in the meeting to answer questions from the public.
- 2009, c. 2, s. 372
By-laws
Marginal note: By-laws
- 114 (1) The board of directors of a parent Crown corporation may, by resolution, make, amend or repeal any by-laws that regulate the business or affairs of the corporation, unless the charter or by-laws of the corporation otherwise provide.
- Marginal note: Copy of by-law to appropriate Minister and President of the Treasury Board (2) The board of directors of a parent Crown corporation shall, after making, amending or repealing a by-law, send a copy of that by-law to the appropriate Minister and the President of the Treasury Board.
- Marginal note: Amendment or repeal (3) The Governor in Council may direct the board of directors of a parent Crown corporation to make, amend or repeal a by-law within such period as is specified in the direction.
- Marginal note: Regulations (4) The Governor in Council may make regulations
- (a) prescribing the form or the content of by-laws of parent Crown corporations and the time at, before or within which copies of by-laws are to be sent to the appropriate Minister and the President of the Treasury Board; and
- (b) exempting a specified parent Crown corporation or a parent Crown corporation of a specified class from the application of subsection (2), either generally or in respect of any specified by-law or any by-law of a specified class.
- (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. 114
- 1991, c. 24, s. 33
- 1994, c. 24, s. 34(F)
Duties
Marginal note: Duty of care of directors and officers
- 115 (1) Every director and every officer of a Crown corporation in exercising his powers and performing his duties shall
- (a) act honestly and in good faith with a view to the best interests of the corporation; and
- (b) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances.
- (a) financial statements of the Crown corporation represented to him by an officer of the corporation or in a written report of the auditor of the corporation as fairly reflecting the financial condition of the corporation; or
- (b) a report of a lawyer, accountant, engineer, appraiser or other person whose position or profession lends credibility to a statement made by him.
- 1984, c. 31, s. 11
Marginal note: Disclosure of interest in contract
- 116 (1) A director or officer of a Crown corporation who
- (a) is a party to a material contract or proposed material contract with the corporation, or
- (b) is a director or officer of, or has a material interest in any person who is a party to, a material contract or proposed material contract with the corporation,
shall disclose in writing to the corporation or request to have entered in the minutes of a meeting of the board of directors thereof the nature and extent of his interest.
- (a) at the meeting of the board of directors at which the proposed contract is first considered;
- (b) if the director was not then interested in the proposed contract, at the first meeting of the board of directors after he becomes so interested;
- (c) if the director becomes interested after the contract is made, at the first meeting of the board of directors after he becomes so interested; or
- (d) if the director was interested in the contract before becoming a director, at the first meeting of the board of directors after he becomes a director.
- (a) forthwith after he becomes aware that the contract or proposed contract is to be considered or has been considered at a meeting of the board of directors;
- (b) if the officer becomes interested after the contract is made, forthwith after he becomes so interested; or
- (c) if the officer was interested in the contract before becoming an officer, forthwith after he becomes an officer.
- (a) an arrangement by way of security for money lent to or obligations undertaken by him for the benefit of the Crown corporation or a subsidiary of the Crown corporation;
- (b) one relating primarily to his remuneration or benefits as a director, officer, employee or agent of the Crown corporation or a subsidiary of the Crown corporation;
- (c) one for indemnity or insurance under section 119; or
- (d) one with an affiliate of the Crown corporation.
- 1984, c. 31, s. 11
Marginal note: Avoidance standards
117 A material contract between a Crown corporation and one or more of its directors or officers, or between a Crown corporation and another person of which a director or an officer of the Crown corporation is a director or an officer or in which he has a material interest, is neither void nor voidable by reason only of that relationship or by reason only that a director with an interest in the contract is present at or is counted to determine the presence of a quorum at a meeting of the board of directors that authorized the contract, if the director or officer disclosed his interest in accordance with subsection 116(2), (3), (4) or (6), as the case may be, and the contract was approved by the board of directors and it was reasonable and fair to the Crown corporation at the time it was approved.
- 1984, c. 31, s. 11
Marginal note: Application to court
- 118 (1) Where a director or an officer of a Crown corporation fails to disclose his interest in a material contract in accordance with section 116, a court may, on application of the corporation or on behalf of the Crown, set aside the contract on such terms as it thinks fit.
- Definition of (2) In this section, means
- (a) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court of the Province;
- (a.1) in the Province of Ontario, the Superior Court of Justice;
- (b) in the Province of Quebec, the Superior Court of the Province;
- (c) in the Province of New Brunswick, Manitoba, Saskatchewan or Alberta, the Court of Queen’s Bench for the Province;
- (d) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, the Supreme Court of the Province; and
- (e) in Yukon or the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice.
- R.S., 1985, c. F-11, s. 118
- R.S., 1985, c. 27 (2nd Supp.), s. 10
- 1990, c. 17, s. 19
- 1992, c. 51, s. 49
- 1998, c. 30, ss. 13(F), 15(E)
- 1999, c. 3, s. 63
- 2002, c. 7, s. 172(E)
- 2015, c. 3, s. 95
Indemnification
Marginal note: Obligation to indemnify
- 119 (1) The Treasury Board shall, in accordance with the regulations, if any, indemnify a present or former director or officer of a Crown corporation or a person who acts or acted at the request of a Minister or a Crown corporation as a director or officer of another corporation, and his or her heirs and legal representatives, against the costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, that are reasonably incurred by him or her in respect of any civil, criminal, administrative or investigative action or proceeding to which he or she is a party by reason of being or having been such a director or officer, if he or she
- (a) acted honestly and in good faith with a view to the best interests of the Crown corporation or other corporation; and
- (b) in the case of any criminal or administrative action or proceeding that is enforced by a monetary penalty, believed on reasonable grounds that the director’s or officer’s conduct was lawful.
- (a) was substantially successful on the merits of the defence of the action or proceeding; and
- (b) fulfils the conditions set out in paragraphs (1)(a) and (b).
- (a) respecting indemnification and advances under this section, including terms and conditions governing them;
- (b) defining, for the purposes of this section, the meaning of any word or expression used in it that is not defined in this Act;
- (c) prescribing circumstances in which a director or officer is presumed not to have fulfilled the condition set out in paragraph (1)(a); and
- (d) respecting the determination of the amounts to be paid as indemnification or advances under this section.
- R.S., 1985, c. F-11, s. 119
- 1991, c. 24, s. 34
- 1999, c. 31, s. 115(F)
- 2009, c. 2, s. 373
DIVISION III Financial Management and Control
Definitions
Marginal note: Definitions
120 In this Division,
means a report made pursuant to section 150; ( rapport annuel )
means a person designated by or appointed pursuant to section 142 to carry out a special examination; ( examinateur )
, in relation to a parent Crown corporation, means the objectives of the corporation as set out in a corporate plan or an amendment to a corporate plan that has been approved pursuant to section 122; ( objectifs )
means an examination referred to in subsection 138(1). ( examen spécial )
- 1984, c. 31, s. 11
Financial Year
Marginal note: Financial year
- 121 (1) The financial year of a parent Crown corporation is the calendar year, unless the Governor in Council otherwise directs.
- Marginal note: Idem (2) Notwithstanding subsection (1), the financial year of a parent Crown corporation that was in effect on September 1, 1984 continues in effect, unless the Governor in Council has directed or directs otherwise.
- 1984, c. 31, s. 11
Corporate Plans and Budgets
Marginal note: Corporate plans
- 122 (1) Each parent Crown corporation shall annually submit a corporate plan to the appropriate Minister for the approval of the Governor in Council on the recommendation of the appropriate Minister and, if required by the regulations, on the recommendation of the Minister of Finance.
- Marginal note: Scope of corporate plan (2) The corporate plan of a parent Crown corporation shall encompass all the businesses and activities, including investments, of the corporation and its wholly-owned subsidiaries, if any.
- Marginal note: Contents of corporate plan (3) The corporate plan of a parent Crown corporation shall include a statement of
- (a) the objects or purposes for which the corporation is incorporated, or the restrictions on the businesses or activities that it may carry on, as set out in its charter;
- (b) the corporation’s objectives for the period to which the plan relates and for each year in that period and the strategy the corporation intends to employ to achieve those objectives; and
- (c) the corporation’s expected performance for the year in which the plan is required by the regulations to be submitted as compared to its objectives for that year as set out in the last corporate plan or any amendment thereto approved pursuant to this section.
- R.S., 1985, c. F-11, s. 122
- 1991, c. 24, s. 35
Marginal note: Operating budgets
- 123 (1) Each parent Crown corporation named in Part I of Schedule III shall annually submit an operating budget for the next following financial year of the corporation to the appropriate Minister for the approval of the Treasury Board on the recommendation of the appropriate Minister.
- Marginal note: Scope of operating budget (2) The operating budget of a parent Crown corporation shall encompass all the businesses and activities, including investments, of the corporation and its wholly-owned subsidiaries, if any.
- Marginal note: Form of operating budget (3) The operating budget of a parent Crown corporation shall be prepared in a form that clearly sets out information according to the major businesses or activities of the corporation and its wholly-owned subsidiaries, if any.
- Marginal note: Amendment to operating budget (4) Where a parent Crown corporation anticipates that the total amount of expenditures or commitments to make expenditures in respect of any major business or activity in a financial year will vary significantly from the total amount projected for that major business or activity in an operating budget of the corporation or any amendment thereto that is approved pursuant to this section for that year, the corporation shall submit an amendment to the budget to the appropriate Minister for the approval of the Treasury Board on the recommendation of the appropriate Minister.
- Marginal note: Terms and conditions (5) The Treasury Board may specify such terms and conditions as it deems appropriate for the approval of an operating budget or an amendment to an operating budget.
- R.S., 1985, c. F-11, s. 123
- 1991, c. 24, s. 36
Marginal note: Capital budgets
- 124 (1) Each parent Crown corporation shall annually submit a capital budget for the next following financial year of the corporation to the appropriate Minister for the approval of the Treasury Board on the recommendation of the appropriate Minister.
- Marginal note: Scope of capital budget (2) The capital budget of a parent Crown corporation shall encompass all the businesses and activities, including investments, of the corporation and its wholly-owned subsidiaries, if any.
- Marginal note: Approval of multi-year items (3) The Treasury Board may approve any item in a capital budget submitted pursuant to subsection (1) for any financial year or years after the financial year for which the budget is submitted.
- Marginal note: Form of capital budget (4) The capital budget of a parent Crown corporation shall be prepared in a form that clearly sets out information according to the major businesses or activities of the corporation and its wholly-owned subsidiaries, if any.
- Marginal note: Restriction on capital expenditures or commitments (5) No parent Crown corporation or wholly-owned subsidiary of a parent Crown corporation shall incur, or make a commitment to incur, a capital expenditure in any financial year for which the corporation is required to submit a budget pursuant to this section, unless
- (a) a budget for that year has been approved pursuant to this section; or
- (b) the expenditure or commitment
- (i) is included in an item for that year that has been approved pursuant to subsection (3) as part of a budget for a previous year,
- (ii) has been specifically approved pursuant to this section as though it were a capital budget, or
- (iii) is, in the opinion of the board of directors of the corporation or subsidiary, essential to continue a current business or activity of the corporation or subsidiary as set out in a corporate plan or budget of the corporation that has been approved pursuant to this section or section 122 or 123.
- R.S., 1985, c. F-11, s. 124
- 1991, c. 24, s. 37
Marginal note: Summary of plan or budget
- 125 (1) After a corporate plan, operating budget or capital budget, or an amendment thereto, is approved pursuant to section 122, 123 or 124, the parent Crown corporation shall submit a summary of the plan or budget, or the plan or budget as so amended, to the appropriate Minister for his approval.
- Marginal note: Scope of summary (2) A summary shall encompass all the businesses and activities, including investments, of the parent Crown corporation and its wholly-owned subsidiaries, if any, and shall set out the major business decisions taken with respect thereto.
- Marginal note: Form of summary (3) A summary shall be prepared in a form that clearly sets out information according to the major businesses or activities of the parent Crown corporation and its wholly-owned subsidiaries, if any.
- Marginal note: Tabling in Parliament (4) The appropriate Minister shall cause a copy of every summary he approves pursuant to this section to be laid before each House of Parliament.
- Marginal note: Reference to committee (5) A summary laid before Parliament pursuant to subsection (4) stands permanently referred to such committee of Parliament as may be designated or established to review matters relating to the businesses and activities of the corporation submitting the summary.
- 1984, c. 31, s. 11
Marginal note: Regulations
126 In addition to any other requirements under this Act or any other Act of Parliament with respect thereto, the Treasury Board may make regulations
- (a) prescribing the form in which corporate plans, budgets, summaries or amendments required under section 122, 123, 124 or 125 shall be prepared, the information to be included therein and the time at, before or within which they are to be submitted and summaries are to be laid before each House of Parliament;
- (b) prescribing the period to be covered by corporate plans under section 122, either generally or in respect of any specified parent Crown corporation or any parent Crown corporation of a specified class; and
- (c) defining for the purpose of this Division the expression .
- R.S., 1985, c. F-11, s. 126
- 1991, c. 24, s. 38
Borrowing
Marginal note: Intended borrowing
- 127 (1) Where a parent Crown corporation or a wholly-owned subsidiary of a parent Crown corporation intends to borrow money, the corporation shall so indicate in its corporate plan or an amendment thereto under section 122 for the period in which the corporation or subsidiary intends to borrow and shall give a general indication therein of the borrowing plans and strategy of the corporation or subsidiary for that period.
- Marginal note: Recommendation of Minister of Finance (2) Where a parent Crown corporation indicates in a corporate plan or an amendment to a corporate plan an intention to borrow money, the Minister of Finance may require that his recommendation, in addition to that of the appropriate Minister, be obtained before the plan or amendment is submitted to the Governor in Council for approval.
- Marginal note: Particular borrowing (3) No Crown corporation shall enter into any particular transaction to borrow money without the approval of the Minister of Finance with respect to the time and the terms and conditions of the transaction.
- Marginal note: Regulations (4) The Governor in Council may, on the recommendation of the Minister of Finance, make regulations
- (a) exempting a specified Crown corporation or a Crown corporation of a specified class from the application of subsection (3), either generally or in respect of any specified borrowing or any borrowing of a specified class;
- (b) deeming a specified transaction or a transaction of a specified class to be, for the purposes of this Part, a transaction to borrow money; and
- (c) specifying the manner of granting approvals under subsection (3) and the circumstances in which an approval under that subsection is deemed to have been granted in respect of borrowing by Crown corporations.
- R.S., 1985, c. F-11, s. 127
- 2018, c. 12, s. 201
Bank Accounts
Marginal note: Deposits and deposit receipts
128 A Crown corporation may, directly or indirectly, deposit funds with or acquire deposit receipts from
- (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; and
- (c) any financial institution outside Canada that is not a member of the Canadian Payments Association, but only with the approval of the Minister of Finance.
- R.S., 1985, c. F-11, s. 128
- 1991, c. 24, s. 39
Marginal note: Receiver General account
- 129 (1) A parent Crown corporation shall, if directed by the Minister of Finance with the concurrence of the appropriate Minister, and may, if the Minister of Finance and the appropriate Minister approve, pay or cause to be paid all or any part of the money of the corporation or a wholly-owned subsidiary of the corporation to the Receiver General to be paid into the Consolidated Revenue Fund and credited to a special account in the accounts of Canada in the name of the corporation or subsidiary, and the Receiver General, subject to such terms and conditions as the Minister of Finance may prescribe, may pay out, for the purposes of the corporation or subsidiary, or repay to the corporation or subsidiary, all or any part of the money credited to the special account.
- Marginal note: Interest (2) Interest may be paid from the Consolidated Revenue Fund in respect of money credited to a special account pursuant to subsection (1), in accordance with and at rates fixed by the Minister of Finance with the approval of the Governor in Council.
- 1984, c. 31, s. 11
Surpluses
Marginal note: Payment over of surplus money
130 Subject to any other Act of Parliament, where the appropriate Minister and the Minister of Finance, with the approval of the Governor in Council, so direct, a parent Crown corporation shall pay or cause to be paid to the Receiver General so much of the money of the corporation or of a wholly-owned subsidiary of the corporation as the appropriate Minister and the Minister of Finance consider to be in excess of the amount required for the purposes of the corporation or subsidiary, and any money so paid may be applied toward the discharge of any obligation of the corporation or subsidiary to the Crown or may be applied as revenues of Canada.
- R.S., 1985, c. F-11, s. 130
- 1999, c. 31, s. 116(F)
Dividends
Marginal note: Dividend proposal
130.1 Each parent Crown corporation named in Part II of Schedule III shall annually submit a dividend proposal to the appropriate Minister as part of its corporate plan submitted pursuant to section 122.
- 1991, c. 24, s. 40
Marginal note: Dividend payment
130.2 The Governor in Council may prescribe, waive or vary the dividends to be paid by any parent Crown corporation named in Schedule III.
- 1991, c. 24, s. 40
Financial Management
Marginal note: Books and systems
- 131 (1) Each parent Crown corporation shall cause
- (a) books of account and records in relation thereto to be kept, and
- (b) financial and management control and information systems and management practices to be maintained,
in respect of itself and each of its wholly-owned subsidiaries, if any.
- (a) the assets of the corporation and each subsidiary are safeguarded and controlled;
- (b) the transactions of the corporation and each subsidiary are in accordance with this Part, the regulations, the charter and by-laws of the corporation or subsidiary and any directive given to the corporation; and
- (c) the financial, human and physical resources of the corporation and each subsidiary are managed economically and efficiently and the operations of the corporation and each subsidiary are carried out effectively.
- R.S., 1985, c. F-11, s. 131
- 1991, c. 24, s. 41
- 1999, c. 31, s. 117(F)
Marginal note: Quarterly financial reports
- 131.1 (1) Each parent Crown corporation shall, in respect of itself and its wholly-owned subsidiaries, if any, cause to be prepared, in the form and manner provided for by the Treasury Board, a quarterly financial report for each of the first three quarters of each financial year of the parent Crown corporation.
- Marginal note: Contents (2) The report shall contain
- (a) a financial statement for the quarter and for the period from the start of the financial year to the end of that quarter;
- (b) comparative financial information for the preceding financial year; and
- (c) a statement outlining the results, risks and significant changes in relation to operations, personnel and programs.
- 2009, c. 31, s. 60
- 2012, c. 19, s. 219
Auditor’s Reports
Marginal note: Annual auditor’s report
- 132 (1) Each parent Crown corporation shall cause an annual auditor’s report to be prepared, in respect of itself and its wholly-owned subsidiaries, if any, in accordance with the regulations, on
- (a) the financial statements referred to in section 131 and any revised financial statement referred to in subsection 133(3); and
- (b) any quantitative information required to be audited pursuant to subsection (5).
- (a) include separate statements whether in the auditor’s opinion
- (i) the financial statements are presented fairly in accordance with generally accepted accounting principles applied on a basis consistent with that of the preceding year,
- (ii) the quantitative information is accurate in all material respects and, if applicable, was prepared on a basis consistent with that of the preceding year, and
- (iii) the transactions of the corporation and of each subsidiary that have come to the auditor’s notice in the course of his examination for the report were in accordance with this Part, the regulations, the charter and by-laws of the corporation or subsidiary and any directive given to the corporation; and
- R.S., 1985, c. F-11, s. 132
- 1991, c. 24, s. 42
- 1999, c. 31, s. 118(F)
Marginal note: Errors and omissions
- 133 (1) A director or officer of a Crown corporation shall forthwith notify the auditor and the audit committee of the corporation, if any, of any error or omission of which the director or officer becomes aware in a financial statement that the auditor or a former auditor has reported on or in a report prepared by the auditor or a former auditor pursuant to section 132.
- Marginal note: Idem (2) Where an auditor or former auditor of a Crown corporation is notified or becomes aware of any error or omission in a financial statement that the auditor or former auditor has reported on or in a report prepared by the auditor or former auditor pursuant to section 132, he shall forthwith notify each director of the corporation of the error or omission if he is of the opinion that the error or omission is material.
- Marginal note: Correction (3) Where an auditor or former auditor of a Crown corporation notifies the directors of an error or omission in a financial statement or report pursuant to subsection (2), the corporation shall prepare a revised financial statement or the auditor or former auditor shall issue a correction to the report, as the case may be, and a copy thereof shall be given to the appropriate Minister.
- 1984, c. 31, s. 11
Auditors
Marginal note: Appointment of auditor
- 134 (1) Subject to subsection (2), the auditor of a Crown corporation shall be appointed annually by the Governor in Council, after the appropriate Minister has consulted the board of directors of the corporation, and may be removed at any time by the Governor in Council, after the appropriate Minister has consulted the board.
- Marginal note: Auditor General (2) The Auditor General of Canada shall be appointed by the Governor in Council as the auditor, or a joint auditor, of each Crown corporation, unless the Auditor General waives the requirement of being so appointed.
- Marginal note: Idem (3) Subsections (1) and (2) do not apply in respect of any parent Crown corporation the auditor of which is specified by any other Act of Parliament to be the Auditor General of Canada, but the Auditor General is eligible to be appointed as the auditor, or a joint auditor, of a parent Crown corporation pursuant to subsection (1) and section 135 does not apply to him.
- (4) [Repealed, 2005, c. 30, s. 36]
- Marginal note: Criteria for appointment (5) The Governor in Council may make regulations prescribing the criteria to be applied in selecting an auditor for appointment pursuant to subsection (1).
- Marginal note: Re-appointment (6) An auditor of a Crown corporation is eligible for re-appointment on the expiration of the auditor’s appointment.
- Marginal note: Continuation in office (7) Notwithstanding subsection (1), if an auditor of a Crown corporation is not appointed to take office on the expiration of the appointment of an incumbent auditor, the incumbent auditor continues in office until a successor is appointed.
- R.S., 1985, c. F-11, s. 134
- 2005, c. 30, s. 36
Marginal note: Persons not eligible
- 135 (1) A person is disqualified from being appointed or re-appointed or continuing as an auditor of a Crown corporation pursuant to section 134 if that person is not independent of the corporation, any of its affiliates, or the directors or officers of the corporation or any of its affiliates.
- Marginal note: Independence (2) For the purposes of this section,
- (a) independence is a question of fact; and
- (b) a person is deemed not to be independent if that person or any of that person’s business partners
- (i) is a business partner, director, officer or employee of the Crown corporation or any of its affiliates, or a business partner of any director, officer or employee of the corporation or any of its affiliates,
- (ii) beneficially owns or controls, directly or indirectly through a trustee, legal representative, agent or other intermediary, a material interest in the shares or debt of the Crown corporation or any of its affiliates, or
- (iii) has been a receiver, receiver-manager, liquidator or trustee in bankruptcy of the Crown corporation or any of its affiliates within two years of the person’s proposed appointment as auditor of the corporation.
- R.S., 1985, c. F-11, s. 135
- 2005, c. 30, s. 37
Marginal note: Qualifications preserved
136 Nothing in sections 134 and 135 shall be construed as empowering the appointment, re-appointment or continuation in office as an auditor of a Crown corporation of any person who does not meet any qualifications for such appointment, re-appointment or continuation established by any other Act of Parliament.
- R.S., 1985, c. F-11, s. 136
- 2005, c. 30, s. 37
Marginal note: Resignation
137 A resignation of an auditor of a Crown corporation becomes effective at the time the corporation receives a written resignation from the auditor or at the time specified in the resignation, whichever is later.
- R.S., 1985, c. F-11, s. 137
- 2005, c. 30, s. 37
Special Examination
Marginal note: Special examination
- 138 (1) Each parent Crown corporation shall cause a special examination to be carried out in respect of itself and its wholly-owned subsidiaries, if any, to determine if the systems and practices referred to in paragraph 131(1)(b) were, in the period under examination, maintained in a manner that provided reasonable assurance that they met the requirements of paragraphs 131(2)(a) and (c).
- Marginal note: Time for examination (2) A special examination shall be carried out at least once every 10 years and at any additional times that the Governor in Council, the appropriate Minister, the board of directors of the corporation to be examined or the Auditor General of Canada may require.
- Marginal note: Plan (3) Before an examiner commences a special examination, he shall survey the systems and practices of the corporation to be examined and submit a plan for the examination, including a statement of the criteria to be applied in the examination, to the audit committee of the corporation, or if there is no audit committee, to the board of directors of the corporation.
- Marginal note: Resolution of disagreements (4) Any disagreement between the examiner and the audit committee or board of directors of a corporation with respect to a plan referred to in subsection (3) may be resolved
- (a) in the case of a parent Crown corporation, by the appropriate Minister; and
- (b) in the case of a wholly-owned subsidiary, by the parent Crown corporation that wholly owns the subsidiary.
- R.S., 1985, c. F-11, s. 138
- 2009, c. 2, s. 374
Marginal note: Report
- 139 (1) An examiner shall, on completion of the special examination, submit a report on his findings to the board of directors of the corporation examined.
- Marginal note: Contents (2) The report of an examiner under subsection (1) shall include
- (a) a statement whether in the examiner’s opinion, with respect to the criteria established pursuant to subsection 138(3), there is reasonable assurance that there are no significant deficiencies in the systems and practices examined; and
- (b) a statement of the extent to which the examiner relied on internal audits.
- R.S., 1985, c. F-11, s. 139
- 2009, c. 2, s. 375
Marginal note: Special report to appropriate Minister
140 Where the examiner of a parent Crown corporation, or a wholly-owned subsidiary of a parent Crown corporation, is of the opinion that the report under subsection 139(1) contains information that should be brought to the attention of the appropriate Minister, the examiner shall, after consultation with the board of directors of the corporation, or with the boards of the subsidiary and corporation, as the case may be, report that information to the Minister and furnish the board or boards with a copy of the report.
- R.S., 1985, c. F-11, s. 140
- 2005, c. 30, s. 38
Marginal note: Special report to Parliament
141 Where the examiner of a parent Crown corporation, or a wholly-owned subsidiary of a parent Crown corporation, is of the opinion that the report under subsection 139(1) contains information that should be brought to the attention of Parliament, the examiner shall, after consultation with the appropriate Minister and the board of directors of the corporation, or with the boards of the subsidiary and corporation, as the case may be, prepare a report on that information for inclusion in the next annual report of the corporation and furnish the board or boards, the appropriate Minister and the Auditor General of Canada with copies of the report.
- R.S., 1985, c. F-11, s. 141
- 2005, c. 30, s. 38
Marginal note: Examiner
- 142 (1) Subject to subsection (2), a special examination referred to in section 138 shall be carried out by the auditor of a Crown corporation.
- Marginal note: Examiner (2) Where, in the opinion of the Governor in Council, a person other than the auditor of a Crown corporation should carry out a special examination, the Governor in Council may, after the appropriate Minister has consulted the board of directors of the corporation, appoint an auditor who is qualified for the purpose to carry out the examination in lieu of the auditor of the corporation and may, after the appropriate Minister has consulted the board, remove that qualified auditor at any time.
- (3) [Repealed, 2005, c. 30, s. 39]
- Marginal note: Applicable provisions (4) Subject to subsection (5), sections 135 and 137 apply in respect of an examiner as though the references therein to an auditor were references to an examiner.
- Marginal note: Auditor General eligible (5) The Auditor General of Canada is eligible to be appointed an examiner and section 135 does not apply to the Auditor General of Canada in respect of such an appointment.
- R.S., 1985, c. F-11, s. 142
- 2005, c. 30, s. 39
Consultation with Auditor General
Marginal note: Consultation with Auditor General
143 The auditor or examiner of a Crown corporation may at any time consult the Auditor General of Canada on any matter relating to his audit or special examination and shall consult the Auditor General with respect to any matter that, in the opinion of the auditor or examiner, should be brought to the attention of Parliament pursuant to paragraph 132(2)(b) or section 141.
- 1984, c. 31, s. 11
Right to Information
Marginal note: Right to information
- 144 (1) On the demand of the auditor or examiner of a Crown corporation, the present or former directors, officers, employees or agents of the corporation shall furnish such
- (a) information and explanations, and
- (b) access to records, documents, books, accounts and vouchers of the corporation or any of its subsidiaries
as the auditor or examiner considers necessary to enable him to prepare any report as required by this Division and that the directors, officers, employees or agents are reasonably able to furnish.
- (a) obtain from the present or former directors, officers, employees or agents of any subsidiary of the corporation such information and explanations as the auditor or examiner considers necessary to enable him to prepare any report as required by this Division and that the present or former directors, officers, employees or agents are reasonably able to furnish; and
- (b) furnish the auditor or examiner with the information and explanations so obtained.
- R.S., 1985, c. F-11, s. 144
- 1991, c. 24, s. 50(F)
Policy
Marginal note: Restriction
145 Nothing in this Part or the regulations shall be construed as authorizing the auditor or examiner of a Crown corporation to express any opinion on the merits of matters of policy, including the merits of
- (a) the objects or purposes for which the corporation is incorporated, or the restrictions on the businesses or activities that it may carry on, as set out in its charter;
- (b) the objectives of the corporation; and
- (c) any business or policy decision of the corporation or of the Government of Canada.
- 1984, c. 31, s. 11
Qualified Privilege
Marginal note: Qualified privilege
146 Any oral or written statement or report made under this Part or the regulations by the auditor or a former auditor, or the examiner or a former examiner, of a Crown corporation has qualified privilege.
- R.S., 1985, c. F-11, s. 146
- 1991, c. 24, s. 43
- 2005, c. 30, s. 40
Costs
Marginal note: Cost of audit and examinations
- 147 (1) The amounts paid to an auditor or examiner of a Crown corporation for preparing any report under section 132, 139, 140 or 141 shall be reported to the President of the Treasury Board.
- Marginal note: Idem (2) Where the Auditor General of Canada is the auditor or examiner of a Crown corporation, the costs incurred by him in preparing any report under section 132, 139, 140 or 141 shall be disclosed in the next annual report of the Auditor General and be paid out of the moneys appropriated for his office.
- 1984, c. 31, s. 11
Audit Committee
Marginal note: Audit committee
- 148 (1) Each parent Crown corporation that has four or more directors shall establish an audit committee composed of not less than three directors of the corporation, none of whom may be officers or employees of the corporation or any of its affiliates.
- Marginal note: Idem (2) In the case of a parent Crown corporation that has less than four directors, the board of directors of the corporation constitutes the audit committee of the corporation and shall perform the duties and functions assigned to an audit committee by any provision of this Part and the provision shall be construed accordingly.
- Marginal note: Duties (3) The audit committee of a parent Crown corporation shall
- (a) review, and advise the board of directors with respect to, the financial statements that are to be included in the annual report of the corporation;
- (b) oversee any internal audit of the corporation that is conducted pursuant to subsection 131(3);
- (c) review, and advise the board of directors with respect to, the annual auditor’s report of the corporation referred to in subsection 132(1);
- (d) in the case of a corporation undergoing a special examination, review, and advise the board of directors with respect to, the plan and reports referred to in sections 138 to 141; and
- (e) perform such other functions as are assigned to it by the board of directors or the charter or by-laws of the corporation.
- (a) the references in subsections (1) to (5) to a parent Crown corporation were references to the subsidiary; and
- (b) the reference in paragraph (3)(a) to the annual report of the corporation were a reference to the annual report of the parent Crown corporation that wholly owns the subsidiary.
- R.S., 1985, c. F-11, s. 148
- 1991, c. 24, s. 50(F)
- 2006, c. 9, s. 268
Reports
Marginal note: Accounts, etc., to Treasury Board or appropriate Minister
- 149 (1) A parent Crown corporation shall provide the Treasury Board or the appropriate Minister with such accounts, budgets, returns, statements, documents, records, books, reports or other information as the Board or appropriate Minister may require.
- Marginal note: Report on material developments (2) The chief executive officer of a parent Crown corporation shall, as soon as reasonably practicable, notify the appropriate Minister, the President of the Treasury Board and any director of the corporation not already aware thereof of any financial or other developments that, in the chief executive officer’s opinion, are likely to have a material effect on the performance of the corporation, including its wholly-owned subsidiaries, if any, relative to the corporation’s objectives or on the corporation’s requirements for funding.
- Marginal note: Report on wholly-owned subsidiaries (3) Each parent Crown corporation shall forthwith notify the appropriate Minister and the President of the Treasury Board of the name of any corporation that becomes or ceases to be a wholly-owned subsidiary of the corporation.
- 1984, c. 31, s. 11
Marginal note: Annual report
- 150 (1) Each parent Crown corporation shall, as soon as possible, but in any case within three months, after the termination of each financial year submit an annual report on the operations of the corporation in that year concurrently to the appropriate Minister and the President of the Treasury Board, and the appropriate Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after he receives it.
- Marginal note: Reference to committee (2) An annual report laid before Parliament pursuant to subsection (1) stands permanently referred to such committee of Parliament as may be designated or established to review matters relating to the businesses and activities of the corporation submitting the report.
- Marginal note: Form and contents (3) The annual report of a parent Crown corporation shall include
- (a) the financial statements of the corporation referred to in section 131,
- (b) the annual auditor’s report referred to in subsection 132(1),
- (c) a statement on the extent to which the corporation has met its objectives for the financial year,
- (d) such quantitative information respecting the performance of the corporation, including its wholly-owned subsidiaries, if any, relative to the corporation’s objectives as the Treasury Board may require to be included in the annual report, and
- (e) such other information as is required by this Act or any other Act of Parliament, or by the appropriate Minister, the President of the Treasury Board or the Minister of Finance, to be included in the annual report,
and shall be prepared in a form that clearly sets out information according to the major businesses or activities of the corporation and its wholly-owned subsidiaries, if any.
- R.S., 1985, c. F-11, s. 150
- 1991, c. 24, s. 49(E)
Marginal note: Consolidated quarterly reports
- 151 (1) The President of the Treasury Board shall, as soon as feasible after the end of each fiscal quarter of each fiscal year, make public a consolidated quarterly report on the business and activities of all parent Crown corporations, based on the quarterly financial reports that have been made public under subsection 131.1(3), and the annual reports of those corporations that were laid before Parliament under subsection 150(1), in that fiscal quarter.
- Marginal note: Contents (2) The consolidated quarterly report shall include
- (a) a list naming all Crown corporations;
- (b) the names of all or any corporations of which any shares are held by, on behalf of or in trust for the Crown or a Crown corporation, as the President of the Treasury Board considers appropriate;
- (c) financial data in respect of the parent Crown corporations, including their aggregate borrowings;
- (d) information indicating, in respect of the summaries and annual reports that were to be laid before each House of Parliament under this Part during the fiscal quarter to which the consolidated quarterly report relates, the time at, before or within which they were to be laid and the time that they were in fact laid before that House;
- (e) a list naming any parent Crown corporation that does not make public a report as required by subsection 131.1(3), if the 60-day period to do so ends in the fiscal quarter to which the consolidated quarterly report relates; and
- (f) any other information that the President of the Treasury Board may require.
- R.S., 1985, c. F-11, s. 151
- 2012, c. 19, s. 220
152 [Repealed, 2012, c. 19, s. 220]
DIVISION IV General
Commercially Detrimental Information
Marginal note: Commercially detrimental information
- 153 (1) Nothing in this Part or the Statutory Instruments Act shall be construed as requiring the tabling before either House of Parliament of any information the publication of which, in the opinion of the appropriate Minister, would be detrimental to the commercial interests of a parent Crown corporation or a wholly-owned subsidiary of a parent Crown corporation.
- Marginal note: Tabling (2) Where information in a directive is not tabled pursuant to subsection (1), the appropriate Minister shall cause that information to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after he is notified that the directive has been implemented.
- Marginal note: Consultation (3) Before forming an opinion whether the publication of any information would be detrimental as described in subsection (1), the appropriate Minister shall consult the board of directors of the parent Crown corporation concerned or whose wholly-owned subsidiary is concerned, as the case may be.
- Marginal note: Exception (4) Subsection (1) does not apply in respect of the annual auditor’s report referred to in subsection 132(1) or the report of an examiner referred to in section 141.
- 1984, c. 31, s. 11
Sanction
Marginal note: Contravention of Act or regulations
154 Where a director, chairperson or chief executive officer of a Crown corporation has wilfully contravened this Part or the regulations, or has wilfully caused the corporation to contravene this Part or the regulations, the Governor in Council may suspend him, with or without remuneration, for such period as the Governor in Council deems appropriate.
- R.S., 1985, c. F-11, s. 154
- 2005, c. 30, s. 133(E)
Offence
Marginal note: Fraud against Her Majesty
- 154.01 (1) A director, officer or employee of a Crown corporation who, by deceit, falsehood or other fraudulent means, in connection with the collection, management or disbursement of money belonging to the corporation, defrauds the corporation 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.
- 2006, c. 9, s. 269
154.1 [Repealed, 2020, c. 1, s. 55]
PART XI Miscellaneous
Marginal note: Deduction and set-off
- 155 (1) Where any person is indebted to
- (a) Her Majesty in right of Canada, or
- (b) Her Majesty in right of a province on account of taxes payable to any province, and an agreement exists between Canada and the province whereby Canada is authorized to collect the tax on behalf of the province,
the appropriate Minister responsible for the recovery or collection of the amount of the indebtedness may authorize the retention of the amount of the indebtedness by way of deduction from or set-off against any sum of money that may be due or payable by Her Majesty in right of Canada to the person or the estate of that person.
- (a) any person is indebted to a province by reason of having received from the province a payment, in respect of which Canada has contributed under any Act, to which that person was not entitled, and
- (b) the province has made reasonable efforts to effect recovery of the amount of such indebtedness,
the Minister may require the retention of the amount of the indebtedness by way of deduction from or set-off against any sum of money that may be due and payable by Her Majesty in right of Canada to that person, and the amount so deducted, less the portion thereof that in the opinion of the Minister is proportionate to the contribution in respect thereof made by Canada, may be paid to the province out of the Consolidated Revenue Fund.
- R.S., c. F-10, s. 95
- 1980-81-82-83, c. 170, s. 21
- 1984, c. 31, s. 12
Marginal note: Interest on amounts owed to Her Majesty
- 155.1 (1) Subject to subsections (4) and (5) and except as otherwise provided by or pursuant to any other Act of Parliament, or any regulation, order, contract or arrangement, interest is payable to Her Majesty in accordance with the regulations on any amount owed to Her Majesty
- (a) as a result of an overpayment or an erroneous payment; or
- (b) under any other Act of Parliament, or any regulation, order, contract or arrangement.
- (a) tenders an instrument that is subsequently dishonoured; or
- (b) has authorized the direct debiting at a specified time of an account at a financial institution and the debit is not made at the specified time.
- (a) rates of interest, or the manner of calculating rates of interest, payable under subsection (1);
- (b) administrative charges, or the manner of calculating administrative charges, payable under subsection (2);
- (c) terms and conditions for the imposition and payment of interest and administrative charges under this section; and
- (d) terms and conditions under which the appropriate Minister may waive or reduce the interest or administrative charges payable pursuant to this section.
- 1991, c. 24, s. 45
Marginal note: Small amounts
- 155.2 (1) If an appropriate Minister — or any person authorized in writing by that Minister — determines, at any time, that an amount owing by a person to Her Majesty in right of Canada for which that Minister is accountable, or that an amount payable by Her Majesty in right of Canada to any person the payment of which requires the requisition of that Minister — or of any person authorized in writing by that Minister — does not exceed the amount established by regulations made under paragraph (2)(a), that amount is deemed to be nil, subject to any regulations made under paragraphs (2)(b) to (d).
- Marginal note: Regulations (2) The Treasury Board may make regulations
- (a) establishing an amount for the purposes of subsection (1), including, if the Treasury Board is of the opinion that circumstances justify doing so, establishing that amount by class, determined by method of payment or on any other basis;
- (b) specifying circumstances in which amounts that would otherwise be deemed to be nil under subsection (1) accumulate so that the aggregate of the amounts is payable, and for when that aggregate amount is payable;
- (c) if the Treasury Board is of the opinion that circumstances justify doing so, excluding from the application of subsection (1) specified amounts, including amounts specified by class, determined by method of payment, by class of persons that amounts are owing to or payable by or on any other basis; and
- (d) generally respecting the operation of subsection (1).
- (a) an amount owing by any person other than Her Majesty in right of Canada to a Crown corporation, or an amount payable by a Crown corporation to any person other than Her Majesty in right of Canada;
- (b) an amount related to the public debt, or to interest on the public debt; and
- (c) an amount owing by a person to Her Majesty in right of Canada, or payable by the Minister of National Revenue to any person, under the Excise Tax Act , the Income Tax Act , the Air Travellers Security Charge Act , the Excise Act, 2001 , the Softwood Lumber Products Export Charge Act, 2006 , the Underused Housing Tax Act , the Select Luxury Items Tax Act or the Global Minimum Tax Act .
- 2014, c. 39, s. 304
- 2022, c. 5, s. 20
- 2022, c. 10, s. 147
- 2022, c. 10, s. 173
- 2024, c. 17, s. 92
Marginal note: Acceptance and release of security
- 156 (1) The appropriate Minister responsible for the recovery or collection of a debt or obligation due or payable to Her Majesty or a claim by Her Majesty may accept any security in respect of the debt, obligation or claim and may realize on the security, assign or sell Her Majesty’s interest in it or discharge, release or otherwise dispose of the security or Her Majesty’s interest in it.
- Marginal note: Partial disposition (2) The power to dispose of any security or Her Majesty’s interest in any security pursuant to this section may be exercised with respect to any part of the security or interest.
- Marginal note: Regulations (3) The Treasury Board may make regulations respecting the acceptance and disposition of security or Her Majesty’s interest in security under subsection (1), including regulations prescribing
- (a) what may be accepted as security; and
- (b) terms and conditions on which security may be accepted or on which security or Her Majesty’s interest in security may be realized on or disposed of.
- R.S., 1985, c. F-11, s. 156
- 1991, c. 24, s. 46
Marginal note: Information already in Public Accounts or estimates
157 Where it appears to the Governor in Council that any account, statement, return or document required by any Act of Parliament or otherwise to be laid before one or both Houses of Parliament contains the same information as or less information than is contained in the Public Accounts or in any estimates of expenditures submitted to Parliament, the Governor in Council may direct that the account, statement, return or other document be discontinued, and thereafter it need not be prepared or laid before either House of Parliament.
- R.S., 1985, c. F-11, s. 157
- 1991, c. 24, s. 47
Marginal note: Proof of Treasury Board records
158 A document purporting to be a copy of an entry in the records of the Treasury Board certified by the Secretary, a Deputy Secretary, or an Assistant Secretary of the Treasury Board or by the Comptroller General of Canada, a Deputy Comptroller General of Canada or by an Assistant Comptroller General of Canada is, without proof of the signature or of the official character of the person purporting to have signed it, admissible in any court of justice and has the same probative force as the original document would have if it were proven in the ordinary way.
- R.S., c. F-10, s. 97
- 1980-81-82-83, c. 170, s. 22
- 1984, c. 31, s. 12
Marginal note: Definition of
- 159 (1) In this section, means
- (a) a member of the Canadian Payments Association, a local cooperative credit society, a fiscal agent or a financial institution with which the Receiver General establishes accounts for the deposit of public money pursuant to subsection 17(2); and
- (b) any other financial institution that accepts or receives an instruction for payment issued pursuant to section 35.
- (a) for cashing a cheque or other instrument drawn on the Receiver General or on the Receiver General’s account in the Bank of Canada or any other bank or other financial institution;
- (b) for honouring or otherwise giving value for any other instruction for payment issued pursuant to section 35; or
- (c) in respect of any cheque or other instruction for payment drawn in favour of the Receiver General, the Government of Canada, any department or any public officer in the officer’s official capacity, and tendered for deposit to the credit of the Receiver General.
- R.S., 1985, c. F-11, s. 159
- 1991, c. 24, s. 48
- 2024, c. 17, s. 180
Marginal note: Regulations
- 160 (1) The Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect.
- Marginal note: Classes of financial institutions and disclosure of information (2) The Governor in Council may make regulations prescribing classes of financial institutions and any information disclosure requirements referred to in subsection 159(4).
- R.S., 1985, c. F-11, s. 160
- 2024, c. 17, s. 181
Marginal note: Management or protection of computer systems
- 161 (1) The appropriate Minister, any public servant employed in a department, any employee of a Crown corporation or any person acting on behalf of a department or Crown corporation who performs duties relating to the management or protection of computer systems of the department or the Crown corporation may take reasonable measures for such purposes, including the interception of private communications in circumstances specified in paragraph 184(2)(e) of the Criminal Code .
- Marginal note: Privacy protection (2) Subject to subsection (3), with respect to an interception referred to in subsection (1), the appropriate Minister shall take reasonable measures to ensure that only data that is essential to identify, isolate or prevent harm to the computer system will be used or retained.
- Marginal note: Limitation (3) Nothing in this section affects any other lawful authority to intercept, use, retain, access or disclose a private communication.
- Marginal note: Definition of (4) For the purposes of this section, means a device that, or a group of interconnected or related devices one or more of which,
- (a) contains computer programs or other data; and
- (b) pursuant to computer programs,
- (i) performs logic and control, and
- (ii) may perform any other function.
- 2004, c. 12, s. 20
Marginal note: Meaning of
- 162 (1) In this section, means
- (a) the Income Tax Act and the Income Tax Regulations ;
- (b) the Income Tax Conventions Interpretation Act ;
- (c) the Excise Tax Act and any regulations made under that Act;
- (d) the Excise Act, 2001 and any regulations made under that Act;
- (e) the Air Travelers Security Charge Act and any regulations made under that Act;
- (f) the Excise Act and any regulations made under that Act; or
- (g) the Customs Tariff and any regulations made under that Act.
- (a) that the Government publicly announced before April 1 of the fiscal year preceding the particular fiscal year; and
- (b) that have not been enacted or made before the date of tabling in substantially the same form as the proposal or in a form that reflects consultations and deliberations relating to the proposal.
- (a) there are no specific legislative proposals to be included in the list referred to in subsection (2); or
- (b) the fifth day on which the House of Commons is sitting after October 31 of the particular fiscal year is less than 12 months after the last general election.
- 2014, c. 20, s. 31
SCHEDULE I (Sections 2 and 11)
- Department for Women and Gender Equality Ministère des Femmes et de l’Égalité des genres
- Department of Agriculture and Agri-Food Ministère de l’Agriculture et de l’Agroalimentaire
- Department of Canadian Heritage Ministère du Patrimoine canadien
- Department of Citizenship and Immigration Ministère de la Citoyenneté et de l’Immigration
- Department of Crown-Indigenous Relations and Northern Affairs Ministère des Relations Couronne-Autochtones et des Affaires du Nord
- Department of Employment and Social Development Ministère de l’Emploi et du Développement social
- Department of Finance Ministère des Finances
- Department of Fisheries and Oceans Ministère des Pêches et des Océans
- Department of Foreign Affairs, Trade and Development Ministère des Affaires étrangères, du Commerce et du Développement
- Department of Health Ministère de la Santé
- Department of Housing, Infrastructure and Communities Ministère du Logement, de l’Infrastructure et des Collectivités
- Department of Indigenous Services Ministère des Services aux Autochtones
- Department of Industry Ministère de l’Industrie
- Department of Justice Ministère de la Justice
- Department of National Defence Ministère de la Défense nationale
- Department of Natural Resources Ministère des Ressources naturelles
- Department of Public Safety and Emergency Preparedness Ministère de la Sécurité publique et de la Protection civile
- Department of Public Works and Government Services Ministère des Travaux publics et des Services gouvernementaux
- Department of the Environment Ministère de l’Environnement
- Department of Transport Ministère des Transports
- Treasury Board Conseil du Trésor
- Department of Veterans Affairs Ministère des Anciens Combattants
- Department of Western Economic Diversification Ministère de la Diversification de l’économie de l’Ouest canadien
- R.S., 1985, c. F-11, Sch. I
- R.S., 1985, c. 18 (3rd Supp.), s. 36
- 1989, c. 27, s. 21
- 1990, c. 1, s. 26
- 1991, c. 3, s. 11
- 1992, c. 1, ss. 71, 145(F)
- 1994, c. 31, s. 16, c. 38, ss. 15, 16, c. 41, ss. 23, 24
- 1995, c. 1, ss. 40, 41, c. 5, ss. 16, 17, c. 11, ss. 19, 20
- 1996, c. 8, ss. 21, 22, c. 11, ss. 54, 55, c. 16, ss. 42, 43
- 1999, c. 17, s. 161
- 2000, c. 34, s. 94(F)
- 2003, c. 22, s. 10
- 2005, c. 10, ss. 27, 28, c. 34, s. 65, 66, c. 35, s. 54
- 2012, c. 19, s. 688
- 2013, c. 33, ss. 178, 179, c. 40, ss. 223, 224
- 2018, c. 27, s. 665
- 2019, c. 29, s. 350
- 2019, c. 29, s. 351
- 2024, c. 15, s. 329
SCHEDULE I.1 (Sections 2 and 3)
- Administrative Tribunals Support Service of Canada Service canadien d’appui aux tribunaux administratifs
- Atlantic Canada Opportunities Agency Agence de promotion économique du Canada atlantique
- Canadian Grain Commission Commission canadienne des grains
- Canadian Human Rights Commission Commission canadienne des droits de la personne
- Canadian Intergovernmental Conference Secretariat Secrétariat des conférences intergouvernementales canadiennes
- Canadian Northern Economic Development Agency Agence canadienne de développement économique du Nord
- Canadian Radio-television and Telecommunications Commission Conseil de la radiodiffusion et des télécommunications canadiennes
- Canadian Security Intelligence Service Service canadien du renseignement de sécurité
- Canadian Space Agency Agence spatiale canadienne
- Canadian Transportation Agency Office des transports du Canada
- Civilian Review and Complaints Commission for the Royal Canadian Mounted Police Commission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada
- Communications Security Establishment Centre de la sécurité des télécommunications
- Copyright Board Commission du droit d’auteur
- Correctional Service of Canada Service correctionnel du Canada
- Courts Administration Service Service administratif des tribunaux judiciaires
- Economic Development Agency of Canada for the Regions of Quebec Agence de développement économique du Canada pour les régions du Québec
- Federal Economic Development Agency for Northern Ontario Agence fédérale de développement économique pour le Nord de l’Ontario
- Federal Economic Development Agency for Southern Ontario Agence fédérale de développement économique pour le Sud de l’Ontario
- Financial Consumer Agency of Canada Agence de la consommation en matière financière du Canada
- Financial Transactions and Reports Analysis Centre of Canada Centre d’analyse des opérations et déclarations financières du Canada
- Immigration and Refugee Board Commission de l’immigration et du statut de réfugié
- Impact Assessment Agency of Canada Agence canadienne d’évaluation d’impact
- Leaders’ Debates Commission Commission des débats des chefs
- Library and Archives of Canada Bibliothèque et Archives du Canada
- Military Grievances External Review Committee Comité externe d’examen des griefs militaires
- Military Police Complaints Commission Commission d’examen des plaintes concernant la police militaire
- National Farm Products Council Conseil national des produits agricoles
- National Film Board Office national du film
- National Security and Intelligence Review Agency Secretariat Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement
- Northern Pipeline Agency Administration du pipe-line du Nord
- Office of the Auditor General Bureau du vérificateur général
- Office of the Chief Electoral Officer Bureau du directeur général des élections
- Office of the Commissioner for Federal Judicial Affairs Bureau du commissaire à la magistrature fédérale
- Office of the Commissioner of Lobbying Commissariat au lobbying
- Office of the Commissioner of Official Languages Commissariat aux langues officielles
- Office of the Correctional Investigator of Canada Bureau de l’enquêteur correctionnel du Canada
- Office of the Director of Public Prosecutions Bureau du directeur des poursuites pénales
- Office of the Governor General’s Secretary Bureau du secrétaire du gouverneur général
- Office of the Intelligence Commissioner Bureau du commissaire au renseignement
- Office of the Public Sector Integrity Commissioner Commissariat à l’intégrité du secteur public
- Office of the Superintendent of Financial Institutions Bureau du surintendant des institutions financières
- Offices of the Information and Privacy Commissioners of Canada Commissariats à l’information et à la protection de la vie privée du Canada
- Pacific Economic Development Agency of Canada Agence de développement économique du Pacifique Canada
- Parole Board of Canada Commission des libérations conditionnelles du Canada
- Patented Medicine Prices Review Board Conseil d’examen du prix des médicaments brevetés
- Privy Council Office Bureau du Conseil privé
- Public Health Agency of Canada Agence de la santé publique du Canada
- Public Service Commission Commission de la fonction publique
- Registrar of the Supreme Court of Canada and that portion of the federal public administration appointed under subsection 12(2) of the Supreme Court Act Registraire de la Cour suprême du Canada et le secteur de l’administration publique fédérale nommé en vertu du paragraphe 12(2) de la Loi sur la Cour suprême
- Royal Canadian Mounted Police Gendarmerie royale du Canada
- Royal Canadian Mounted Police External Review Committee Comité externe d’examen de la Gendarmerie royale du Canada
- Secretariat of the National Security and Intelligence Committee of Parliamentarians Secrétariat du Comité des parlementaires sur la sécurité nationale et le renseignement
- Shared Services Canada Services partagés Canada
- Statistics Canada Statistique Canada
- Veterans Review and Appeal Board Tribunal des anciens combattants (révision et appel)
- 1992, c. 1, s. 72
- 1993, c. 3, s. 14
- SOR/93-84, 298, 359, 536, 537, 538
- SI/93-104, 114, 115, 118, 119, 120, 205, 207, 208
- 1994, c. 31, s. 17, c. 38, s. 17, c. 41, s. 25
- SOR/94-272, 585
- 1995, c. 1, ss. 42, 43, c. 5, ss. 18, 19(F), c. 29, ss. 14, 17, 30
- SOR/95-594
- 1996, c. 8, s. 23, c. 10, ss. 229.1, 229.2, c. 11, ss. 56 to 57.1
- SOR/96-101, 102, 355, 386, 452, 537
- 1998, c. 9, ss. 42, 43, c. 26, ss. 74, 75, c. 35, s. 122
- SOR/98-99, 118, 147
- SOR/98-318, s. 1
- SOR/98-329, 564
- 1999, c. 31, ss. 119 to 121
- SOR/99-66, 152
- SOR/2000-286
- 2001, c. 9, s. 588, c. 29, ss. 53, 54, c. 34, ss. 47, 48
- SOR/2001-141, s. 1
- SOR/2001-198, 332
- 2002, c. 8, ss. 142, 143
- SOR/2002-46, 69, 289, 293
- 2003, c. 22, ss. 168, 224(E), 247
- SOR/2003-145, 146, 419, 420, 424, 425, 431, 433, 436, 437, 441, 442, 443, 444, 445
- 2004, c. 11, ss. 29, 30
- SOR/2004-21, 161, 162, 163, 164, 204, 224
- 2005, c. 10, s. 34, c. 26, s. 24, c. 34, s. 67, c. 38, s. 114, c. 46, ss. 56.2, 56.3
- 2006, c. 9, ss. 92, 93, 138, 222
- SOR/2006-26, 30, 31, 35, 37, 38, 39, 42, 48, 68, 97, 101
- 2008, c. 22, s. 47
- SOR/2008-127, 132
- SOR/2009-35
- SOR/2009-171, ss. 1 to 3
- SOR/2009-240, 245, 273, 274
- 2010, c. 12, s. 1779
- SOR/2011-159, 252
- SI/2011-51, 53
- 2012, c. 1, s. 160, c. 19, ss. 470, 573, c. 31, s. 291
- 2013, c. 18, ss. 47, 48, c. 24, ss. 118, 119, c. 33, s. 180, c. 40, ss. 450, 451
- SI/2013-88, 91, 92
- 2014, c. 20, ss. 394 to 399
- 2015, c. 3, s. 96
- SOR/2015-233, 234, 235, 236
- SOR/2016-209
- 2017, c. 15, s. 37
- SOR/2017-254
- 2018, c. 18, s. 5, c. 27, s. 666
- SOR/2018-161, 162, 192, 242
- 2019, c. 13, s. 27
- 2019, c. 13, s. 28
- 2019, c. 13, s. 63
- 2019, c. 13, s. 64
- 2019, c. 28, s. 103
- 2019, c. 28, s. 104
- 2019, c. 28, s. 105
- 2019, c. 29, s. 352
- SOR/2019-341
- SOR/2019-342
- SOR/2019-350
- SOR/2019-351
- SOR/2019-352
- SOR/2020-301, err., Vol. 155, No. 24
- SOR/2021-185, s. 1
- SOR/2021-190, s. 1
- SOR/2021-220
- SOR/2021-221
- SOR/2021-222
- SOR/2021-223
- SOR/2021-224
- SOR/2021-225
- SOR/2021-226
- SOR/2022-3
- SOR/2023-169
- SOR/2023-170
- SOR/2023-171
- SOR/2023-172
- SOR/2023-243
- 2024, c. 15, s. 330
SCHEDULE II (Section 2)
- Canada Border Services Agency Agence des services frontaliers du Canada
- Canada Emission Reduction Incentives Agency Agence canadienne pour l’incitation à la réduction des émissions
- Canada Employment Insurance Commission Commission de l’assurance-emploi du Canada
- Canada Revenue Agency Agence du revenu du Canada
- Canada School of Public Service École de la fonction publique du Canada
- Canadian Accessibility Standards Development Organization Organisation canadienne d’élaboration de normes d’accessibilité
- Canadian Centre for Occupational Health and Safety Centre canadien d’hygiène et de sécurité au travail
- Canadian Energy Regulator Régie canadienne de l’énergie
- Canadian Food Inspection Agency Agence canadienne d’inspection des aliments
- Canadian High Arctic Research Station Station canadienne de recherche dans l’Extrême-Arctique
- Canadian Institutes of Health Research Instituts de recherche en santé du Canada
- Canadian Nuclear Safety Commission Commission canadienne de sûreté nucléaire
- Canadian Transportation Accident Investigation and Safety Board Bureau canadien d’enquête sur les accidents de transport et de la sécurité des transports
- Invest in Canada Hub Investir au Canada
- Law Commission of Canada Commission du droit du Canada
- The National Battlefields Commission Commission des champs de bataille nationaux
- National Research Council of Canada Conseil national de recherches du Canada
- Natural Sciences and Engineering Research Council Conseil de recherches en sciences naturelles et en génie
- Parks Canada Agency Agence Parcs Canada
- Social Sciences and Humanities Research Council Conseil de recherches en sciences humaines
- R.S., 1985, c. F-11, Sch. II
- R.S., 1985, c. 22 (1st Supp.), s. 11
- SOR/85-108
- 1989, c. 3, s. 43
- 1990, c. 3, s. 32
- 1991, c. 6, s. 23, c. 16, s. 22
- 1993, c. 1, ss. 18, 40, c. 31, s. 25
- 1996, c. 9, s. 27, c. 11, ss. 58, 59
- 1997, c. 6, s. 51, c. 9, ss. 102, 103
- 1998, c. 31, s. 50
- 1999, c. 17, s. 162, c. 31, s. 122
- 2000, c. 6, ss. 43, 44, c. 34, s. 19
- 2002, c. 17, s. 16
- 2003, c. 22, ss. 253, 254
- 2004, c. 2, s. 74
- 2005, c. 30, s. 89, c. 38, ss. 115, 138
- 2012, c. 19, ss. 587, 748
- 2014, c. 39, ss. 159, 160
- 2017, c. 20, s. 446
- 2019, c. 10, s. 201
- 2019, c. 28, s. 106
SCHEDULE III (Section 3)
PART I
- Atlantic Pilotage Authority Administration de pilotage de l’Atlantique
- Atomic Energy of Canada Limited Énergie atomique du Canada, Limitée
- Business Development Bank of Canada Banque de développement du Canada
- Canada Deposit Insurance Corporation Société d’assurance-dépôts du Canada
- Canada Infrastructure Bank Banque de l’infrastructure du Canada
- Canada Lands Company Limited Société immobilière du Canada Limitée
- Canada Mortgage and Housing Corporation Société canadienne d’hypothèques et de logement
- Canada Post Corporation Société canadienne des postes
- Canadian Air Transport Security Authority Administration canadienne de la sûreté du transport aérien
- Canadian Commercial Corporation Corporation commerciale canadienne
- Canadian Dairy Commission Commission canadienne du lait
- Canadian Museum for Human Rights Musée canadien des droits de la personne
- Canadian Museum of History Musée canadien de l’histoire
- Canadian Museum of Immigration at Pier 21 Musée canadien de l’immigration du Quai 21
- Canadian Museum of Nature Musée canadien de la nature
- Canadian Tourism Commission Commission canadienne du tourisme
- Defence Construction (1951) Limited Construction de défense (1951) Limitée
- Export Development Canada Exportation et développement Canada
- Farm Credit Canada Financement agricole Canada
- The Federal Bridge Corporation Limited La Société des ponts fédéraux Limitée
- Freshwater Fish Marketing Corporation Office de commercialisation du poisson d’eau douce
- Great Lakes Pilotage Authority Administration de pilotage des Grands Lacs
- The Jacques-Cartier and Champlain Bridges Inc. Les Ponts Jacques-Cartier et Champlain Inc.
- Laurentian Pilotage Authority Administration de pilotage des Laurentides
- Marine Atlantic Inc. Marine Atlantique S.C.C.
- National Capital Commission Commission de la capitale nationale
- National Gallery of Canada Musée des beaux-arts du Canada
- National Museum of Science and Technology Musée national des sciences et de la technologie
- Pacific Pilotage Authority Administration de pilotage du Pacifique
- Standards Council of Canada Conseil canadien des normes
- VIA Rail Canada Inc. VIA Rail Canada Inc.
- Windsor-Detroit Bridge Authority Autorité du pont Windsor-Détroit
PART II
- Canada Development Investment Corporation Corporation d’investissements au développement du Canada
- Royal Canadian Mint Monnaie royale canadienne
- R.S., 1985, c. F-11, Sch. III
- R.S., 1985, c. 17 (1st Supp.), s. 24, c. 39 (1st Supp.), s. 1, c. 44 (1st Supp.), s. 3, c. 46 (1st Supp.), s. 8
- SOR/85-162, 208, 1138
- R.S., 1985, c. 15 (2nd Supp.), s. 1, c. 28 (2nd Supp.), s. 2
- SOR/86-483, 953
- R.S., 1985, c. 9 (3rd Supp.), ss. 1, 2, c. 31 (3rd Supp.), s. 1
- SOR/87-128
- R.S., 1985, c. 7 (4th Supp.), s. 5, c. 35 (4th Supp.), s. 13, c. 41 (4th Supp.), s. 51
- SOR/88-36
- SOR/89-295
- 1990, c. 3, s. 32
- 1991, c. 10, ss. 18, 20, c. 38, ss. 6, 9, 27, 36, 46
- SOR/91-460
- 1993, c. 1, s. 28
- SOR/93-347
- 1995, c. 24, s. 18, c. 28, ss. 50, 51, c. 29, s. 82
- 1998, c. 10, ss. 174 to 178, 180
- SOR/98-565
- 2000, c. 23, s. 19, c. 28, s. 49
- 2001, c. 22, ss. 14, 15, c. 33, ss. 21, 22
- 2002, c. 9, s. 3
- SOR/2002-173
- 2005, c. 9, s. 149
- 2006, c. 4, s. 211
- 2008, c. 9, s. 7, c. 28, s. 134
- SOR/2008-110
- 2010, c. 7, s. 8
- 2012, c. 19, s. 676, c. 31, s. 461
- SOR/2012-223
- 2013, c. 38, ss. 12, 13, c. 40, ss. 261, 284
- 2014, c. 20, s. 189
- SOR/2016-210
- 2017, c. 20, s. 405
- SOR/2018-187, 230
- SOR/2020-128, s. 1
SCHEDULE IV (Sections 3 and 11) Portions of the Core Public Administration
- Administrative Tribunals Support Service of Canada Service canadien d’appui aux tribunaux administratifs
- Atlantic Canada Opportunities Agency Agence de promotion économique du Canada atlantique
- Canada Border Services Agency [2005, c. 38, par. 144(4)(b)] Agence des services frontaliers du Canada
- Canada Border Services Agency [SOR/2005-58] Agence des services frontaliers du Canada
- Canada Emission Reduction Incentives Agency Agence canadienne pour l’incitation à la réduction des émissions
- Canada School of Public Service École de la fonction publique du Canada
- Canadian Accessibility Standards Development Organization Organisation canadienne d’élaboration de normes d’accessibilité
- Canadian Dairy Commission Commission canadienne du lait
- Canadian Grain Commission Commission canadienne des grains
- Canadian Human Rights Commission Commission canadienne des droits de la personne
- Canadian Intergovernmental Conference Secretariat Secrétariat des conférences intergouvernementales canadiennes
- Canadian Northern Economic Development Agency Agence canadienne de développement économique du Nord
- Canadian Radio-television and Telecommunications Commission Conseil de la radiodiffusion et des télécommunications canadiennes
- Canadian Space Agency Agence spatiale canadienne
- Canadian Transportation Accident Investigation and Safety Board Bureau canadien d’enquête sur les accidents de transport et de la sécurité des transports
- Canadian Transportation Agency Office des transports du Canada
- Civilian Review and Complaints Commission for the Royal Canadian Mounted Police Commission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada
- Communication Canada Communication Canada
- Copyright Board Commission du droit d’auteur
- Correctional Service of Canada Service correctionnel du Canada
- Courts Administration Service Service administratif des tribunaux judiciaires
- Director of Soldier Settlement Directeur de l’établissement de soldats
- The Director, The Veterans’ Land Act Directeur des terres destinées aux anciens combattants
- Economic Development Agency of Canada for the Regions of Quebec Agence de développement économique du Canada pour les régions du Québec
- Energy Supplies Allocation Board Office de répartition des approvisionnements d’énergie
- Federal Economic Development Agency for Northern Ontario Agence fédérale de développement économique pour le Nord de l’Ontario
- Federal Economic Development Agency for Southern Ontario Agence fédérale de développement économique pour le Sud de l’Ontario
- Immigration and Refugee Board Commission de l’immigration et du statut de réfugié
- Impact Assessment Agency of Canada Agence canadienne d’évaluation d’impact
- International Joint Commission (Canadian Section) Commission mixte internationale (section canadienne)
- Law Commission of Canada Commission du droit du Canada
- Library and Archives of Canada Bibliothèque et Archives du Canada
- Military Grievances External Review Committee Comité externe d’examen des griefs militaires
- Military Police Complaints Commission Commission d’examen des plaintes concernant la police militaire
- National Farm Products Council Conseil national des produits agricoles
- Office of the Chief Electoral Officer Bureau du directeur général des élections
- Office of the Commissioner for Federal Judicial Affairs Bureau du commissaire à la magistrature fédérale
- Office of the Commissioner of Lobbying Commissariat au lobbying
- Office of the Commissioner of Official Languages Commissariat aux langues officielles
- Office of the Director of Public Prosecutions Bureau du directeur des poursuites pénales
- Office of the Governor General’s Secretary Secrétariat du gouverneur général
- Office of the Public Sector Integrity Commissioner Commissariat à l’intégrité du secteur public
- Office of the Superintendent of Bankruptcy Bureau du surintendant des faillites
- Offices of the Information and Privacy Commissioners of Canada Commissariats à l’information et à la protection de la vie privée du Canada
- Pacific Economic Development Agency of Canada Agence de développement économique du Pacifique Canada
- Parole Board of Canada Commission des libérations conditionnelles du Canada
- Patented Medicine Prices Review Board Conseil d’examen du prix des médicaments brevetés
- The portion of the federal public administration in the Office of the Chief Electoral Officer in which the employees referred to in section 509.3 of the Canada Elections Act occupy their positions Le secteur de l’administration publique fédérale faisant partie du bureau du directeur général des élections dans lequel les employés visés à l’article 509.3 de la Loi électorale du Canada occupent un poste
- Prairie Farm Rehabilitation Administration Administration du rétablissement agricole des Prairies
- Privy Council Office Bureau du Conseil privé
- Public Health Agency of Canada Agence de la santé publique du Canada
- Public Service Commission Commission de la fonction publique
- Royal Canadian Mounted Police Gendarmerie royale du Canada
- Royal Canadian Mounted Police External Review Committee Comité externe d’examen de la Gendarmerie royale du Canada
- Secretariat of the National Security and Intelligence Committee of Parliamentarians Secrétariat du Comité des parlementaires sur la sécurité nationale et le renseignement
- Shared Services Canada Services partagés Canada
- Staff of the Supreme Court Personnel de la Cour suprême
- Statistics Canada Statistique Canada
- Veterans Review and Appeal Board Tribunal des anciens combattants (révision et appel)
- 2003, c. 22, ss. 11, 265, 267
- 2004, c. 11, s. 54
- 2005, c. 26, s. 27, c. 30, s. 93, c. 38, s. 144, c. 46, s. 56.4
- SOR/2005-58, 310
- 2006, c. 9, ss. 94, 95, 139, 222
- SOR/2006-27, 32, 69, 98, 262
- 2008, c. 22, s. 48
- SOR/2008-128, 133
- SOR/2009-36
- SOR/2009-172, ss. 1 to 3
- SOR/2009-241, 246
- 2010, c. 12, s. 1780
- SOR/2011-160
- 2012, c. 1, s. 160, c. 19, ss. 471, 574, 748, c. 31, s. 292
- SOR/2012-58
- 2013, c. 18, ss. 49, 50, c. 24, ss. 120, 121, c. 33, s. 181, c. 40, s. 453
- 2014, c. 12, s. 148, c. 20, ss. 400 to 406
- 2017, c. 15, s. 38
- SOR/2017-255
- 2018, c. 27, s. 667
- 2018, c. 31, s. 393
- 2018, c. 31, s. 394
- 2019, c. 10, s. 202
- 2019, c. 28, s. 107
- 2019, c. 28, s. 108
- 2019, c. 29, s. 353
- SOR/2021-186, s. 1
- SOR/2021-191, s. 1
- 2024, c. 15, s. 331
SCHEDULE V (Sections 3 and 11) Separate Agencies
- Canada Investment and Savings Placements Épargne Canada
- Canada Revenue Agency Agence du revenu du Canada
- Canadian Energy Regulator Régie canadienne de l’énergie
- Canadian Food Inspection Agency Agence canadienne d’inspection des aliments
- Canadian High Arctic Research Station Station canadienne de recherche dans l’Extrême-Arctique
- Canadian Institutes of Health Research Instituts de recherche en santé du Canada
- Canadian Nuclear Safety Commission Commission canadienne de sûreté nucléaire
- Canadian Security Intelligence Service Service canadien du renseignement de sécurité
- Communications Security Establishment Centre de la sécurité des télécommunications
- Financial Consumer Agency of Canada Agence de la consommation en matière financière du Canada
- Financial Transactions and Reports Analysis Centre of Canada Centre d’analyse des opérations et déclarations financières du Canada
- Indian Oil and Gas Canada Pétrole et gaz des Indiens Canada
- Invest in Canada Hub Investir au Canada
- National Capital Commission Commission de la capitale nationale
- National Film Board Office national du film
- National Research Council of Canada Conseil national de recherches du Canada
- National Security and Intelligence Review Agency Secretariat Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement
- Natural Sciences and Engineering Research Council Conseil de recherches en sciences naturelles et en génie
- Northern Pipeline Agency Administration du pipe-line du Nord
- Office of the Auditor General of Canada Bureau du vérificateur général du Canada
- Office of the Correctional Investigator of Canada Bureau de l’enquêteur correctionnel du Canada
- Office of the Intelligence Commissioner Bureau du commissaire au renseignement
- Office of the Superintendent of Financial Institutions Bureau du surintendant des institutions financières
- Parks Canada Agency Agence Parcs Canada
- Social Sciences and Humanities Research Council Conseil de recherches en sciences humaines
- Staff of the Non-Public Funds, Canadian Forces Personnel des fonds non publics, Forces canadiennes
- Statistics Survey Operations Opérations des enquêtes statistiques
- 2003, c. 22, s. 11
- 2005, c. 38, s. 144
- SOR/2011-253, 256
- 2012, c. 19, s. 588
- 2013, c. 40, s. 454
- 2014, c. 39, ss. 161, 162
- 2017, c. 20, s. 447
- 2019, c. 13, s. 29
- 2019, c. 13, s. 30
- 2019, c. 13, s. 65
- 2019, c. 28, s. 109
- 2019, c. 28, s. 110
SCHEDULE VI (Sections 3 and 16.3 to 16.5)
PART I
- Department for Women and Gender Equality Ministère des Femmes et de l’Égalité des genres
- Department of Agriculture and Agri-Food Ministère de l’Agriculture et de l’Agroalimentaire
- Department of Canadian Heritage Ministère du Patrimoine canadien
- Department of Citizenship and Immigration Ministère de la Citoyenneté et de l’Immigration
- Department of Crown-Indigenous Relations and Northern Affairs Ministère des Relations Couronne-Autochtones et des Affaires du Nord
- Department of Employment and Social Development Ministère de l’Emploi et du Développement social
- Department of Finance Ministère des Finances
- Department of Fisheries and Oceans Ministère des Pêches et des Océans
- Department of Foreign Affairs, Trade and Development Ministère des Affaires étrangères, du Commerce et du Développement
- Department of Health Ministère de la Santé
- Department of Housing, Infrastructure and Communities Ministère du Logement, de l’Infrastructure et des Collectivités
- Department of Indigenous Services Ministère des Services aux Autochtones
- Department of Industry Ministère de l’Industrie
- Department of Justice Ministère de la Justice
- Department of National Defence Ministère de la Défense nationale
- Department of Natural Resources Ministère des Ressources naturelles
- Department of Public Safety and Emergency Preparedness Ministère de la Sécurité publique et de la Protection civile
- Department of Public Works and Government Services Ministère des Travaux publics et des Services gouvernementaux
- Department of the Environment Ministère de l’Environnement
- Department of Transport Ministère des Transports
- Department of Veterans Affairs Ministère des Anciens Combattants
- Department of Western Economic Diversification Ministère de la Diversification de l’économie de l’Ouest canadien
- Atlantic Canada Opportunities Agency Agence de promotion économique du Canada atlantique
- Canada Border Services Agency Agence des services frontaliers du Canada
- Canada Emission Reduction Incentives Agency Agence canadienne pour l’incitation à la réduction des émissions
- Canada School of Public Service École de la fonction publique du Canada
- Canadian Accessibility Standards Development Organization Organisation canadienne d’élaboration de normes d’accessibilité
- Canadian Firearms Centre Centre canadien des armes à feu
- Canadian Food Inspection Agency Agence canadienne d’inspection des aliments
- Canadian Northern Economic Development Agency Agence canadienne de développement économique du Nord
- Canadian Security Intelligence Service Service canadien du renseignement de sécurité
- Canadian Space Agency Agence spatiale canadienne
- Communications Security Establishment Centre de la sécurité des télécommunications
- Correctional Service of Canada Service correctionnel du Canada
- Economic Development Agency of Canada for the Regions of Quebec Agence de développement économique du Canada pour les régions du Québec
- Federal Economic Development Agency for Northern Ontario Agence fédérale de développement économique pour le Nord de l’Ontario
- Federal Economic Development Agency for Southern Ontario Agence fédérale de développement économique pour le Sud de l’Ontario
- Financial Transactions and Reports Analysis Centre of Canada Centre d’analyse des opérations et déclarations financières du Canada
- Impact Assessment Agency of Canada Agence canadienne d’évaluation d’impact
- Northern Pipeline Agency Administration du pipe-line du Nord
- Office of the Director of Public Prosecutions Bureau du directeur des poursuites pénales
- Pacific Economic Development Agency of Canada Agence de développement économique du Pacifique Canada
- Parks Canada Agency Agence Parcs Canada
- Parole Board of Canada Commission des libérations conditionnelles du Canada
- Privy Council Office Bureau du Conseil privé
- Public Health Agency of Canada Agence de la santé publique du Canada
- Royal Canadian Mounted Police Gendarmerie royale du Canada
- Shared Services Canada Services partagés Canada
- Statistics Canada Statistique Canada
- Treasury Board Conseil du Trésor
- Administrative Tribunals Support Service of Canada Service canadien d’appui aux tribunaux administratifs
- Canada Employment Insurance Commission Commission de l’assurance-emploi du Canada
- Canada Revenue Agency Agence du revenu du Canada
- Canadian Centre for Occupational Health and Safety Centre canadien d’hygiène et de sécurité au travail
- Canadian Energy Regulator Régie canadienne de l’énergie
- Canadian Grain Commission Commission canadienne des grains
- Canadian High Arctic Research Station Station canadienne de recherche dans l’Extrême-Arctique
- Canadian Human Rights Commission Commission canadienne des droits de la personne
- Canadian Institutes of Health Research Instituts de recherche en santé du Canada
- Canadian Nuclear Safety Commission Commission canadienne de sûreté nucléaire
- Canadian Radio-television and Telecommunications Commission Conseil de la radiodiffusion et des télécommunications canadiennes
- Canadian Transportation Accident Investigation and Safety Board Bureau canadien d’enquête sur les accidents de transport et de la sécurité des transports
- Canadian Transportation Agency Office des transports du Canada
- Civilian Review and Complaints Commission for the Royal Canadian Mounted Police Commission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada
- Copyright Board Commission du droit d’auteur
- Courts Administration Service Service administratif des tribunaux judiciaires
- Financial Consumer Agency of Canada Agence de la consommation en matière financière du Canada
- Immigration and Refugee Board Commission de l’immigration et du statut de réfugié
- Invest in Canada Hub Investir au Canada
- Law Commission of Canada Commission du droit du Canada
- Library and Archives of Canada Bibliothèque et Archives du Canada
- Military Grievances External Review Committee Comité externe d’examen des griefs militaires
- Military Police Complaints Commission Commission d’examen des plaintes concernant la police militaire
- National Battlefields Commission, The Commission des champs de bataille nationaux
- National Farm Products Council Conseil national des produits agricoles
- National Film Board Office national du film
- National Research Council of Canada Conseil national de recherches du Canada
- National Security and Intelligence Review Agency Secretariat Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement
- Natural Sciences and Engineering Research Council Conseil de recherches en sciences naturelles et en génie
- Office of the Auditor General Bureau du vérificateur général
- Office of the Chief Electoral Officer Bureau du directeur général des élections
- Office of the Commissioner for Federal Judicial Affairs Bureau du commissaire à la magistrature fédérale
- Office of the Commissioner of Lobbying Commissariat au lobbying
- Office of the Commissioner of Official Languages Commissariat aux langues officielles
- Office of the Correctional Investigator of Canada Bureau de l’enquêteur correctionnel du Canada
- Office of the Information Commissioner Commissariat à l’information
- Office of the Intelligence Commissioner Bureau du commissaire au renseignement
- Office of the Privacy Commissioner Commissariat à la protection de la vie privée
- Office of the Public Sector Integrity Commissioner Commissariat à l’intégrité du secteur public
- Office of the Superintendent of Financial Institutions Bureau du surintendant des institutions financières
- Patented Medicine Prices Review Board Conseil d’examen du prix des médicaments brevetés
- Public Service Commission Commission de la fonction publique
- Registrar of the Supreme Court of Canada Registraire de la Cour suprême du Canada
- Royal Canadian Mounted Police External Review Committee Comité externe d’examen de la Gendarmerie royale du Canada
- Secretariat of the National Security and Intelligence Committee of Parliamentarians Secrétariat du Comité des parlementaires sur la sécurité nationale et le renseignement
- Social Sciences and Humanities Research Council Conseil de recherches en sciences humaines
- Veterans Review and Appeal Board Tribunal des anciens combattants (révision et appel)
- 2006, c. 9, ss. 270 to 275
- 2008, c. 22, s. 49
- SOR/2008-18, 129, 134
- SOR/2009-37
- SOR/2009-173, ss. 1 to 3
- SOR/2009-242, 247, 275
- 2010, c. 12, s. 1781
- SOR/2011-161, 257
- 2012, c. 1, s. 160, c. 19, ss. 111(E), 523, 524, 575, 589, 689, 748, c. 31, s. 293
- 2013, c. 18, ss. 51(E), 52, 53, c. 24, ss. 122, 123, c. 33, ss. 182 to 184, c. 40, ss. 225, 226, 456, 457
- 2014, c. 20, ss. 407 to 413, c. 39, ss. 163, 164, 259
- 2017, c. 15, s. 39
- SOR/2017-256
- 2018, c. 27, ss. 668, 669
- 2019, c. 10, s. 203
- 2019, c. 13, s. 31
- 2019, c. 13, s. 32
- 2019, c. 13, s. 66
- 2019, c. 13, s. 67
- 2019, c. 28, s. 111
- 2019, c. 28, s. 112
- 2019, c. 28, s. 113
- 2019, c. 28, s. 114
- 2019, c. 29, s. 354
- 2019, c. 29, s. 355
- 2019, c. 29, s. 356
- SOR/2021-7, s. 1
- SOR/2021-187, s. 1
- SOR/2021-192, s. 1
- 2024, c. 15, s. 332
- 2024, c. 15, s. 333
SCHEDULE VII (Section 89.7)
Agreement between Canada, the United States of America and the United Mexican States, done at Buenos Aires on November 30, 2018, as amended by the Protocol of Amendment to the Agreement between Canada, the United States of America and the United Mexican States, done at Mexico City on December 10, 2019.
An Act to implement the Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland, done at Ottawa, on December 9, 2020.
Comprehensive and Progressive Agreement for Trans-Pacific Partnership between Canada, Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam, done at Santiago on March 8, 2018.
Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016.
Free Trade Agreement between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009.Free Trade Agreement between Canada and the Republic of Honduras, done at Ottawa on November 5, 2013.
Free Trade Agreement between Canada and the Republic of Korea, done at Ottawa on September 22, 2014. Free Trade Agreement between Canada and the Republic of Panama, done at Ottawa on May 14, 2010. Free Trade Agreement between Canada and Ukraine, done at Kyiv on July 11, 2016.- 2012, c. 18, s. 43, c. 26, ss. 56, 62
- 2014, c. 14, s. 20, c. 28, s. 25
- 2017, c. 6, s. 25, c. 8, s. 17
- 2018, c. 23, s. 16
- 2020, c. 1, s. 56
- 2021, c. 1, s. 20
Table of Contents
RELATED PROVISIONS
-
— 2003, c. 22, s. 67
- 18 (1) The following definitions apply in this section. means the portion of the federal public administration known as the Economic Development Agency of Canada for the Regions of Quebec. ( ancienne agence ) means the Economic Development Agency of Canada for the Regions of Quebec established by section 8. ( nouvelle agence )
- 18 (7) A reference to the former agency in any of the following is deemed to be a reference to the new agency:
- (b) Schedule I.1 to the Financial Administration Act ;
Definitions
References
- 19 (1) A reference to the former agency in any of the following schedules and orders is deemed to be a reference to the new agency:
- (b) Schedules I.1 and IV to the Financial Administration Act ;
Deputy head
Maximum payment
-
161 (1) There may be paid out of the Consolidated Revenue Fund for each fiscal year beginning on or after April 1, 2014, on the requisition of the Minister of Infrastructure and Communities or of the Minister of Indigenous Services, in accordance with terms and conditions approved by the Treasury Board, a sum of not more than the amount determined in accordance with subsection (2) to provinces, territories, municipalities, municipal associations, provincial, territorial and municipal entities and First Nations for the purpose of municipal, regional and First Nations infrastructure.
Calculation of sum
Formula
(3) For the purposes of subsection (2), the formula is as follows:A x 1.02 B where is $2,000,000,000; and is the number obtained by subtracting 2013 from the number of the year in which the fiscal year in question begins.
Definitions
Setting of fees — Canada Shipping Act, 2001
- 162 (1) A classification society that provides, during the period beginning on July 1, 2007 and ending on the day before the day on which this Act receives royal assent, any of the following services in the exercise of powers or the performance of duties under the Canada Shipping Act, 2001 in accordance with an agreement or arrangement entered into by the Minister of Transport under paragraph 10(1)(c) of that Act may set the fees to be paid to it for those services:
- (a) services related to a Canadian maritime document;
- (b) services related to any approvals or certifications; and
- (c) the conduct or witnessing of tests.
Not public money
Non-application of certain regulations
Setting of fees — Canada Shipping Act
- 163 (1) A classification society that provides, during the period beginning on January 1, 1999 and ending on June 30, 2007, any of the following services in the exercise of powers or the performance of duties under the Canada Shipping Act in accordance with an agreement or arrangement entered into by the Minister of Transport under paragraph 8(1)(c) of that Act may set the fees to be paid to it for those services:
- (a) services related to an inspection certificate;
- (b) services related to any approvals or certifications; and
- (c) the conduct or witnessing of tests.
Not public money
User Fees Act
References
- 82 (1) A reference to the former department in any of the following is deemed to be a reference to the new department:
- (b) Schedules I.1, V and VI to the Financial Administration Act ;
Non-application of provisions
-
263 (1) Section 91 and subsection 100(1) of the Financial Administration Act do not apply to or in respect of the subsidiary referred to in section 261 or any of its wholly owned subsidiaries.
Application of provisions
AMENDMENTS NOT IN FORCE
-
— 2013, c. 33, s. 228(2)
- Canadian Air Transport Security Authority Administration canadienne de la sûreté du transport aérien
- Canada Innovation Corporation Corporation d’innovation du Canada
- (c) an amount owing by a person to Her Majesty in right of Canada, or payable by the Minister of National Revenue to any person, under the Excise Tax Act , the Income Tax Act , the Air Travellers Security Charge Act , the Excise Act, 2001 , the Softwood Lumber Products Export Charge Act, 2006 , the Underused Housing Tax Act , the Select Luxury Items Tax Act or the Digital Services Tax Act .
- Canada Water Agency Agence canadienne de l’eau
- Canada Water Agency Agence canadienne de l’eau
- Canada Water Agency Agence canadienne de l’eau
- 111 (1) Subsections (2) to (34) apply if Bill C-59, introduced in the 1st session of the 44th Parliament and entitled the Fall Economic Statement Implementation Act, 2023 (in this section referred to as the “other Act”), receives royal assent.
- (11) On the first day on which both subsection 108(1) of the other Act and section 92 of this Act are in force, paragraph 155.2(6)(c) of the Financial Administration Act is replaced by the following:
- (c) an amount owing by a person to Her Majesty in right of Canada, or payable by the Minister of National Revenue to any person, under the Excise Tax Act , the Income Tax Act , the Air Travellers Security Charge Act , the Excise Act, 2001 , the Softwood Lumber Products Export Charge Act, 2006 , the Underused Housing Tax Act , the Select Luxury Items Tax Act , the Digital Services Tax Act or the Global Minimum Tax Act .
2006, c. 9, s. 262(2)
(2) Subsection 85(1.01) of the Act is replaced by the following:Exemption for Canada Pension Plan Investment Board
— 2019, c. 29, s. 276
2002, c. 9, s. 3
276 Part I of Schedule III to the Financial Administration Act is amended by striking out the following:
and a corresponding reference in column II to “Minister of the Environment.”
and a corresponding reference in column II to “President.”
Bill C-59
Deemed designated portions
President of the Public Service Human Resources Management Agency of Canada
Definitions
References
- (a) in relation to a parent Crown corporation,
- (a) a statement of
- (a) in the case of a payment for the performance of work, the supply of goods or the rendering of services,