Financial Administration Act (R.S.C., 1985, c. F-11)

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.

• Marginal note:Delegation to Chief Information Officer of Canada

  (4.11) The Treasury Board may, subject to any terms and conditions that it considers appropriate, delegate to the Chief Information Officer of Canada any of the powers or functions that it is authorized to exercise under any Act of Parliament or by any order made by the Governor in Council, including powers or functions in relation to information technology.

• Marginal note:President of Treasury Board to coordinate activities

  (4.2) The President of the Treasury Board is responsible and accountable for the coordination of the activities of the Secretary of the Treasury Board, the Chief Human Resources Officer, the Comptroller General of Canada and the Chief Information Officer of Canada and may, subject to any terms and conditions that the President of the Treasury Board considers appropriate, delegate that responsibility to the Secretary of the Treasury Board or to any person under the President of the Treasury Board’s jurisdiction.

• Marginal note:Exception

  (5) Subsections (4), (4.1) and (4.11) do not apply in respect of the Treasury Board’s power to delegate under those subsections or to its power to make regulations.

• Marginal note:Sub-delegation

  (6) Any person to whom powers or functions are delegated under subsection (4), (4.1) or (4.11) may, subject to and in accordance with the delegation, sub-delegate any of those powers or functions to any person under their jurisdiction.

• Marginal note:Officers and employees

  (7) The other officers and employees that are necessary for the proper conduct of the business of the Treasury Board are to be appointed in the manner authorized by the Public Service Employment Act.

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.

• Marginal note:Authority under other Acts

  (2) The Treasury Board may exercise the powers, other than powers of appointment, of the Governor in Council under

  • (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.

• Marginal note:Delegation

  (3) The Governor in Council may, by order, authorize the Treasury Board to exercise all or any of the powers of the Governor in Council under section 41 or subsection 122(1) or (6) and specify the circumstances in which those powers may be exercised.

• Marginal note:Services to departments, Crown corporations and other entities

  (4) The Treasury Board may, in carrying out its responsibilities under subsection (1), provide services to departments and Crown corporations. With the authorization of the Governor in Council, it may also provide these services to a provincial government, a municipality in Canada, a provincial or municipal public body or any other public body performing a function of government in Canada.

• Marginal note:Access to Information Act

  (5) For greater certainty, for the purposes of the Access to Information Act, the records of an entity to which the Treasury Board provides services under subsection (4) that are, on behalf of that entity, contained in or carried on the Treasury Board’s information technology systems are not under the control of the Treasury Board.

• Marginal note:Privacy Act

  (6) For greater certainty, for the purposes of the Privacy Act, personal information that is collected by an entity to which the Treasury Board provides services under subsection (4) and that is, on behalf of that entity, contained in or carried on the Treasury Board’s information technology systems is not under the control of the Treasury Board.

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.

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.

• Marginal note:Supplementary letters patent

  (3) The President of the Treasury Board may, on the recommendation of the National Joint Council of the Public Service, after consulting with the board of directors, issue supplementary letters patent amending the corporation’s letters patent and the supplementary letters patent take effect on the date stated in them.

• Marginal note:Statutory Instruments Act

  (4) The corporation’s letters patent and supplementary letters patent are not regulations within the meaning of the Statutory Instruments Act. However, they must be published in the Canada Gazette.

• Marginal note:Capacity of a natural person

  (5) The corporation has, subject to its letters patent and this Act, the capacity of a natural person.

• Marginal note:Status of corporation

  (6) The corporation is neither a Crown corporation nor an agent of Her Majesty.

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.

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.

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.

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.

• Marginal note:Production of documents

  (2) The Treasury Board may require from any public officer or any agent of Her Majesty any account, return, statement, document, report or information that the Board considers necessary for the due performance of its duties.

• Marginal note:Idem

  (3) The Treasury Board may require any public officer or agent of Her Majesty to provide a department with such information from any account, return, record, statement, document or report as may be required

  • (a) to locate any person in order to collect a debt due to Her Majesty in right of Canada by that person; or

  • (b) to set off a debt due to Her Majesty in right of Canada or a province against any sum of money that may be due or payable by Her Majesty in right of Canada.

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.