Financial Administration Act

Marginal note:Addition to Schedule I.1, II or III

• 3 (1) The Governor in Council may, by order,

  • (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.

• Marginal note:Alteration of Schedule I.1

  (1.1) The Governor in Council may, by order, amend Schedule I.1 by striking out the reference in column II thereof opposite the name of a division or branch of the federal public administration in column I thereof and by substituting therefor another reference in column II thereof opposite that name.

• Marginal note:Idem

  (1.2) The Governor in Council may, by order, delete from Schedule I.1 the name of any division or branch of the federal public administration that has been changed and shall thereupon add the new name of the division or branch to that Schedule.

• Marginal note:Idem

  (1.3) The Governor in Council may, by order, delete from Schedule I.1 the name of any division or branch of the federal public administration that has ceased to exist, become part of another department or otherwise ceased to be a separate division or branch of the federal public administration and the reference to the appropriate Minister.

• Marginal note:Alteration of Schedule II or III

  (2) The Governor in Council may, by order,

  • (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.

• Marginal note:Idem

  (3) The Governor in Council may, by order, delete from Part I or II of Schedule III the name of any parent Crown corporation that should appear in the other Part and shall, by the same order, add the name of that corporation to the other Part.

• Marginal note:Restriction

  (4) The name of a parent Crown corporation shall not be added to Schedule III, if the Governor in Council is satisfied that the corporation meets the criteria described in paragraph (1)(a.1).

• Marginal note:Idem

  (5) The name of a parent Crown corporation shall not be added to Part II of Schedule III, unless the Governor in Council is satisfied that

  • (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

  • (b) there is a reasonable expectation that the corporation will pay dividends.

• Marginal note:Deletion from Schedule II or III

  (6) The Governor in Council may, by order,

  • (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.

• Marginal note:Addition to Schedule IV or V

  (7) The Governor in Council may, by order, add to Schedule IV or V the name of any portion of the federal public administration

  • (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.

• Marginal note:Transfers between Schedules IV and V

  (8) The Governor in Council may, by order, delete the name of any portion of the federal public administration named in Schedule IV or V, in which case the Governor in Council must add the name of that portion to the other one of those two schedules, but the Governor in Council need not do so if that portion

  • (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.

• Marginal note:Application of Canada Labour Code

  (9) The exclusion of a corporation from the operation of Part I of the Canada Labour Code ceases to have effect if the corporation’s name is deleted from Schedule IV or V without a corresponding addition to the other one of those two schedules.