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The Financial Administration Act
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This version is current as of July 25, 2016.
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C.C.S.M. c. F55

The Financial Administration Act

(Assented to November 19, 1996)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

INTERPRETATION AND APPLICATION

Definitions

1           In this Act,

"appropriation" means authority under this Act or any other Act of the Legislature to pay money out of the Consolidated Fund or to incur an expenditure; (« crédit »)

"Comptroller" means the Comptroller appointed under subsection 13(1); (« contrôleur »)

"Consolidated Fund" means the Consolidated Fund referred to in section 15; (« Trésor »)

"currency" includes a currency of a supranational entity, a unit of monetary value that consists of a number of currencies or any other unit of monetary value; (« devise »)

"expenditure", in relation to a fiscal year, means an operating expense or capital expenditure for that year; (« dépense »)

"fiscal year" means the period beginning on April 1 of one year and ending on March 31 of the following year; (« exercice »)

"government agency" means any board, commission, association, agency, or similar body, whether incorporated or unincorporated, all the members of which, or all the members of the board of management, board of directors or governing board of which, are appointed by an Act of the Legislature or by the Lieutenant Governor in Council; (« organisme gouvernemental »)

"government reporting entity" means the government of Manitoba together with all the reporting organizations; (« entité comptable du gouvernement »)

"minister" means a member of the Executive Council; (« ministre »)

"Minister of Finance" means the member of Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre des Finances »)

"money" includes negotiable instruments; (« fonds »)

"negotiable instrument" includes a cheque, draft, traveller's cheque, bill of exchange, postal note, money order, postal remittance or other similar instrument; (« effets négociables »)

"non-cash expense" means an operating expense that does not require an immediate or future payment of money from the Consolidated Fund, including

(a) the reduction of a prepaid expense,

(b) the amortization of a capital asset,

(c) a loss realized on the disposition or loss of a capital asset,

(d) a bad debt expense, and

(e) any other type of expense prescribed by regulation; (« dépense hors caisse »)

"operating expense", in relation to a fiscal year, means an amount that, according to the applicable accounting policies, is to be recorded as an operating expense of the government for the fiscal year; (« dépense de fonctionnement »)

"provincial securities" means securities issued and payable by the government; (« valeurs provinciales »)

"public accounts" means the public accounts referred to in subsection 65(1); (« comptes publics »)

"public money" means all money belonging or payable to, or received, collected or held by, for or on behalf of, the government, and includes

(a) revenue of the government,

(b) money raised on the credit of the government, and

(c) trust money; (« fonds publics »)

"reporting organization" means

(a) a government agency, and

(b) any other organization prescribed by regulation as a reporting organization or belonging to a class of organizations prescribed as reporting organizations; (« organisme comptable »)

"revenue" of a fiscal year means revenue referred to in section 26 for that fiscal year; (« recettes »)

"securities" means bonds, debentures, promissory notes, treasury bills, commercial paper or other documents evidencing debt and shares and includes documents commonly known as securities; (« valeurs » ou « titres »)

"Treasury Board" means the committee of Executive Council called Treasury Board continued under subsection 4(1); (« Conseil du Trésor »)

"trust money" means money

(a) held in trust by the government or a public officer, or

(b) received by the government for investment, for a special purpose, for another person or as a deposit to ensure the doing of an act or thing. (« fonds fiduciaires »)

S.M. 2006, c. 24, s. 10; S.M. 2007, c. 6, s. 101.

Interpretation of power to designate or authorize

2           When a power to designate a person or to authorize a person to do an act or thing is given under this Act, the designation or authorization may be by the person's name, title or office, and when a title or office is designated or authorized, the designation or authorization applies to every person holding the office or appointed to that title or office while he or she holds that title or office.

Application

3           If there is a conflict between this Act and any other Act of the Legislature, this Act prevails unless the other Act contains a provision that the other Act or a provision of it applies notwithstanding The Financial Administration Act.

PART 2

ORGANIZATION

Treasury Board

4(1)        The committee of the Executive Council called Treasury Board is continued and consists of the Minister of Finance and other ministers appointed by the Lieutenant Governor in Council.

Chairperson and vice-chairperson designated

4(2)        The Lieutenant Governor in Council shall designate one member of Treasury Board as chairperson and another as vice-chairperson.

Secretary to Treasury Board

4(3)        The Lieutenant Governor in Council may appoint an officer called the Secretary to Treasury Board to perform the duties and functions that may be assigned to him or her by Treasury Board, and the Secretary to Treasury Board shall rank as a deputy minister.

Rules of Treasury Board

4(4)        Treasury Board may determine its rules and methods of procedure.

Authority of Treasury Board

5           In addition to matters specifically assigned to it under this or any other Act of the Legislature, Treasury Board is responsible for

(a) preparing the estimates;

(b) government-wide management practices and systems;

(c) government fiscal management and control, including the management and control of expenditures and revenues;

(d) evaluating government programs;

(e) approving the organization of government departments and the staffing complement and spending levels required for the delivery of government programs;

(f) ensuring accountability of government departments to the Legislature for the delivery of government programs; and

(g) other matters assigned to it by the Lieutenant Governor in Council.

Regulations by L. G. in C.

6(1)        The Lieutenant Governor in Council may by regulation designate any government agency as a designated government agency for the purpose of clause (2)(b).

Regulations and directives of Treasury Board

6(2)        Treasury Board may make regulations and issue directives

(a) that it considers necessary in relation to the discharge of its responsibilities under this or any other Act of the Legislature;

(b) in relation to a designated government agency, notwithstanding any other Act of the Legislature, that it could have made in relation to the government under section 5.

Treasury Board subject to Executive Council direction

7           Treasury Board in the exercise of its responsibilities and powers under this or any other Act of the Legislature is subject to the direction given to it by the Executive Council.

Responsibilities of Minister of Finance

8           In addition to matters specifically assigned to him or her under this or any other Act of the Legislature, the Minister of Finance is responsible for

(a) the management and administration of the Department of Finance;

(b) the management and administration of the Consolidated Fund, including the collection, receipt and payment of public money into the Consolidated Fund and the control of payments out of the Fund;

(c) the management of the public debt, of the investment of public money and of loans and advances made and guarantees given by the government; and

(d) the control and direction of all matters relating to the financial management of the government that are not assigned to Treasury Board by this or any other Act of the Legislature.

Regulations and directives of Minister of Finance

9           The Minister of Finance may make regulations and issue directives

(a) that he or she considers necessary in connection with his or her authority under this Act or any other Act of the Legislature including, without limiting the generality of section 8, regulations and directives respecting

(i) accounting policies and practices,

(ii) notwithstanding any other Act of the Legislature, the time and manner of making payments of public money to the Minister of Finance and the manner of accounting for public money to be used in the government departments and by persons accountable for public money,

(iii) the rendering of accounts against the government, the approval of accounts for payment and the manner of making payments out of the Consolidated Fund, and

(iv) accountable advances;

(b) specifying government agencies for the purpose of subclause 13(3)(h)(ii);

(c) [repealed] S.M. 2006, c. 24, s. 11;

(d) prescribing an amount for the purpose of clause 44(1)(c).

S.M. 2006, c. 24, s. 11.

Financial agreements

10(1)       The Minister of Finance may enter into and execute agreements or engage in activities of a financial nature respecting the investment of public money or the management of the public debt including, without limiting the generality of the foregoing, agreements for management of risks relating to currency, interest rates and other matters, swap agreements, futures agreements, option agreements and rate agreements.

Statement in agreement

10(2)       A statement in an agreement to the effect that it is made under subsection (1) or that it is an agreement respecting the investment of public money or the management of the public debt is conclusive proof of that fact.

Authority of deputy minister

11          The Deputy Minister of Finance is authorized to do any act or thing required, permitted or authorized to be done by the Minister of Finance under this or any other Act of the Legislature except the power to make regulations.

Delegation of authority of Minister of Finance

12(1)       The Minister of Finance may authorize in writing any of the following persons to do any act or thing required, permitted or authorized to be done by the Minister of Finance under this or any other Act of the Legislature:

(a) an employee of the Department of Finance;

(b) an employee of any other government department, with the written approval of the employee's deputy minister;

(c) an employee of a government agency or a member of the board of management, board of directors or governing board of a government agency, with the written approval of the government agency.

Exception

12(2)       Subsection (1) does not apply to

(a) the power to make regulations;

(b) subject to subsection (5), the power to give an authorization under subsection (1);

(c) the tabling of reports in the Legislative Assembly;

(d) clause 53(a) (determination of insufficiency of Consolidated Fund);

(e) section 54 (the execution of provincial securities); or

(f) section 62 (guarantee by government of securities of government agency).

Scope of authorization

12(3)       An authorization given under subsection (1) may be general or applicable to a particular case.

Effect of authorization

12(4)       An act or thing done under an authorization given under subsection (1) has the same effect as if the act or thing were done by the Minister of Finance.

Delegation of power to subdelegate

12(5)       The Minister of Finance may authorize in writing an employee of the Department of Finance to exercise the Minister's powers to give an authorization under subsection (1) subject to any condition prescribed by the Minister, and in that case subsections (3) and (4) apply to the authorization given to the employee under subsection (1).

Appointment of Comptroller

13(1)       The Lieutenant Governor in Council may appoint a Comptroller who shall be an employee under The Civil Service Act.

Comptroller's responsibilities

13(2)        In addition to matters specifically assigned to him or her under this or any other Act of the Legislature, the Comptroller is responsible for

(a) maintaining the central accounts of the government to show the current state of the Consolidated Fund and the financial condition of the government;

(b) ensuring that procedures are in effect for the recording of public money payable to the Minister of Finance and that authority exists for the recording and payment of public money;

(c) preparing the public accounts and any financial statements and reports required by the Minister of Finance or Treasury Board;

(d) maintaining an internal audit system in government;

(e) evaluating accounting and financial management systems throughout the government;

(f) performing other duties assigned to him or her by the Minister of Finance or Treasury Board or under this or any other Act of the Legislature.

Powers of Comptroller

13(3)       The Comptroller

(a) shall at all times have access to all government departments and to their records;

(b) may issue directives about

(i) the method by which the accounts of the government are kept,

(ii) the reporting of financial matters, and

(iii) having regard to the responsibilities in financial matters of senior officials of government departments, how the responsibilities of the Comptroller are to be discharged by those officials;

(c) may require from any officer or employee of the government the information and explanations necessary for the performance of the Comptroller's responsibilities;

(d) may examine and report on the financial and accounting operations of a government department;

(e) may examine any person under oath with respect to any matter within the responsibilities of the Comptroller;

(f) may provide accounting and other services in connection with the financial management of a government department;

(g) may station a person employed by the Department of Finance in any government department when the Comptroller considers it necessary to discharge his or her responsibilities;

(h) may, in relation to

(i) a government agency for any part of whose expenditures provision is made in an appropriation,

(ii) a government agency specified by regulation or directive of the Minister of Finance under clause 9(b), or

(iii) any other duties assigned to him or her under clause (2)(f),

exercise any of the powers that he or she could have exercised in relation to the government under this section.

Powers of Comptroller under clause (3)(e)

13(4)       The Comptroller has the powers, protection and privileges of a commissioner under Part V of The Manitoba Evidence Act when exercising his or her power of examination under clause (3)(e).

Officers stationed in departments

14          The government department in which a person is stationed under clause 13(3)(g) shall provide the person with the necessary office accommodation, and the person shall comply with any security requirements applicable to persons employed by that department.

PART 3

PUBLIC MONEY

Consolidated Fund

15          There shall be one Consolidated Fund into which all public money shall be deposited.

Collection and management of public money

16          Except as otherwise provided by this or any other Act of the Legislature, every person who is employed in the collection or management of public money or is charged with the receipt of public money, and every person who collects or receives public money, shall pay all public money coming into his or her hands to the credit of the Minister of Finance.

Payment of fees and commissions

17(1)       Treasury Board may by regulation of general application or application to a class of persons or by directive in a specific case

(a) authorize payment out of the Consolidated Fund of a fee or commission to, or a fee or commission to be retained by, a person for collecting, managing, receiving and accounting for public money and paying it to the Minister of Finance as remuneration for all services performed in relation to the public money; and

(b) prescribe the rates or levels of fees or commissions and establish the methods by which they may be paid.

Exception to subsection (1)

17(2)       A regulation made under subsection (1) does not apply when the payment or retention of a fee or commission in respect of the collection, management, receipt, accounting and payment of public money is required or authorized under another Act of the Legislature.

Collection and retention of service fees

17.1(1)     The Minister of Finance may, with the approval of the Lieutenant Governor in Council, authorize a person who is providing a service on behalf of the government

(a) to collect on behalf of the government the fee or charge payable by a user of the service; and

(b) despite section 15, to retain all or a portion of the fee or charge as compensation for providing the service on behalf of the government.

Reporting of amounts

17.1(2)     The amounts retained under clause (1)(b) are not public money but they must be reported in the public accounts.

S.M. 2013, c. 55, s. 65.

Banking

18          The Minister of Finance may open, maintain or close accounts on behalf of the government with a bank, trust company, credit union or other financial institution that he or she designates on the terms and conditions that he or she considers appropriate.

Banking by government agencies

19          Notwithstanding any other Act of the Legislature, the Minister of Finance may issue directives to a government agency about its banking arrangements.

Refund of money

20(1)       When an amount received by the government is to be refunded under an Act or because

(a) it was erroneously paid to or collected by the government; or

(b) it was received for a purpose that has not been and cannot be fulfilled;

the refund may be paid out of the Consolidated Fund in accordance with directives of the Minister of Finance, together with interest if an Act requires interest to be paid on the refundable amount.

Refund made after fiscal year end

20(2)       A refund of money that is identified as owing in a fiscal year but is not paid during the fiscal year may be recorded as a liability of the government in the fiscal year.

S.M. 2007, c. 6, s. 101.

Write-off of debts and obligations

21(1)       The Minister of Finance may by certificate authorize the write-off of all or part of a debt or obligation that the Minister of Finance considers to be uncollectible or the collection of which the Minister of Finance considers not to be cost effective.

Effect of write-off

21(2)       The write-off of all or part of a debt or obligation does not extinguish the right of the government to collect it.

Remission of money paid or payable

22(1)       When the Minister of Finance is satisfied that it is in the public interest to do so or that hardship or injustice has resulted or is likely to result, the Minister of Finance may, by a regulation of general application or application to a class of persons or by certificate in a specific case, authorize the remission of all or part of

(a) any tax, royalty, fee or other amount that is imposed or authorized to be imposed under this or any other Act of the Legislature; or

(b) any forfeiture, fine or pecuniary penalty that is imposed or authorized to be imposed under this or any other Act of the Legislature, whether or not all or any part of it is payable to another person.

Terms of remission

22(2)       The remission of money may be conditional or unconditional, and may be granted

(a) before, after, or during the course of, any proceeding for the recovery of the money;

(b) before or after any payment of the money has been made or enforced by process or execution; or

(c) in the case of a tax, royalty, fee or other amount, before the liability arises.

Non-performance of condition

22(3)       When a condition of a remission is not performed, the authorization of the remission has no effect, and all proceedings may be taken as if it had not been made.

Refund out of Consolidated Fund

22(4)       Money authorized to be remitted shall be refunded out of the Consolidated Fund.

Settlement of debt or obligation

23          When a claim for a debt or obligation is made on behalf of the government by a minister, whether or not proceedings have been commenced, and the minister is satisfied that it is in the public interest to enter into an agreement to settle the claim for a specified amount, the minister may, in accordance with any regulations or directives of the Minister of Finance respecting the settlement of claims for debts and obligations, settle the claim for the amount in full satisfaction of the claim.

Records of write-offs, remissions etc. to be available

24          A summary of each write-off under subsection 21(1), remission regulation and certificate under subsection 22(1) and settlement under section 23 shall

(a) not later than 30 days after it is made, be available for inspection by the public in a register in the Department of Finance; and

(b) continue to be so available until the public accounts containing that information are laid before the Legislative Assembly.

Interest on overdue accounts

25(1)       The Minister of Finance may by regulation

(a) require persons who owe or are liable to pay money to the government to pay interest on the money;

(b) prescribe a rate of interest, or a method for determining a rate of interest, on amounts owing to the government, which may be different for different types of liabilities; and

(c) establish how interest is to be calculated and compounded, which may be different for different types of liabilities.

Rate of interest and recovery

25(2)       A rate prescribed under subsection (1) may be of general application or application to a person or class of persons, and the interest is recoverable as a debt due to the government.

Effective date of regulation

25(3)       A regulation made under clause (1)(c) is, if it so provides, effective with reference to a period before it was registered.

S.M. 2002, c. 19, s. 75.

Revenue of fiscal year

26          Subject to section 66, the revenue of the fiscal year is the amount identified in the public accounts as earned during that fiscal year in accordance with the accounting policies of the government.

Fiscal stabilization account

26.1(1)     The fiscal stabilization fund established under The Fiscal Stabilization Fund Act is continued as an account within the Consolidated Fund and is to be known as the "fiscal stabilization account".

Target level

26.1(2)     The Minister of Finance shall make every effort to ensure that the balance in the fiscal stabilization account as at the end of each fiscal year is at least 5% of the core government expenditures for that year.

Annual transfer to account

26.1(3)     After the end of each fiscal year, the Minister of Finance may, with the approval of the Lieutenant Governor in Council, transfer to the fiscal stabilization account from core government operations an amount determined by the Minister.

Use of account

26.1(4)     The Minister of Finance may, with the approval of the Lieutenant Governor in Council, apply all or any part of the balance in the fiscal stabilization account to support core government operations in a fiscal year or to repay debt.

S.M. 2008, c. 44, s. 17.

Definition of "financial institution"

27(1)       In this section, "financial institution" means a bank, trust company, loan company, credit union, insurance company or other similar institution that is supervised or examined by a government or a government authority in the jurisdiction in which it carries on business.

Investment of public money

27(2)       When the Minister of Finance considers it advisable for the management of public money or the public debt, the Minister of Finance may purchase, acquire, hold or dispose of

(a) securities issued by

(i) the government or a government agency,

(ii) the government of Canada or a province of Canada other than Manitoba,

(iii) a government of a country other than Canada or a government of a political subdivision of a country other than Canada,

(iv) a financial institution,

(v) a municipality, school board or school district in Manitoba, or

(vi) a hospital, hospital district, health district, health and social services district, personal care home or other related or similar entity funded directly or indirectly out of the Consolidated Fund;

(b) securities the payment of which is guaranteed by the government, the government of Canada, the government of a province of Canada other than Manitoba, the government of a country other than Canada, or a financial institution;

(c) securities the payment of which is a charge on the Consolidated Revenue Fund of the government of Canada or a province of Canada;

(d) securities the payment of which is a charge on the revenue of a government of another country;

(e) securities of a corporation which are rated in a high rating category by a securities rating institution in Canada or the United States that is recognized as such by the investment industry in Canada or the United States; and

(f) securities authorized by or belonging to a class authorized by the Lieutenant Governor in Council.

Investment of trust money

27(3)       Trust money from a number of sources may be invested without showing that any part of the money is applicable to a particular source.

Deposit deemed to be investment

27(4)       Money that is authorized or required under any other Act of the Legislature to be deposited with the Minister of Finance for investment is conclusively deemed to have been invested when it is deposited in the Consolidated Fund.

Lending securities

27(5)       The Minister of Finance may loan a security purchased or acquired under subsection (2) if the loan is secured by collateral security satisfactory to the Minister of Finance.

S.M. 2002, c. 47, s. 7.

Voting securities

28          The Minister of Finance may

(a) attend a meeting of the security holders of a corporation in which the government holds securities, whether they are registered in the name of Her Majesty the Queen in right of Manitoba, the government, the Province of Manitoba, a minister or otherwise; and

(b) cast votes for and on behalf of the government as a security holder in the corporation.

PART 4

DISBURSEMENT OF PUBLIC MONEY

Payment out of Consolidated Fund

29(1)       No money, other than trust money, shall be paid out of the Consolidated Fund without the authority of this or any other Act of the Legislature.

Payment of amounts appropriated

29(2)       Money may be paid out of the Consolidated Fund

(a) as authorized by an appropriation; or

(b) to pay an expenditure that was incurred in accordance with an appropriation for a fiscal year.

Payment of expenditure incurred in prior year

29(3)       For greater certainty, an expenditure that was incurred in a fiscal year in accordance with an appropriation for that year and was charged to that appropriation may be paid out of the Consolidated Fund after the end of that fiscal year.

S.M. 2006, c. 24, s. 12.

29.1        [Repealed]

S.M. 2000, c. 26, s. 58; S.M. 2006, c. 24, s. 13.

Definition of "statutory appropriation"

30(1)       In this section, "statutory appropriation" means an amount authorized or directed to be paid out of the Consolidated Fund pursuant to a provision of this or any other Act of the Legislature that describes the amount as payable without any legislative authority other than the provision.

Main estimates

30(2)       The main estimates of expenditure for a fiscal year shall

(a) provide for expenditures that are incurred by the government in the course of business during the fiscal year and that are required to be voted on by the Legislature; and

(b) include the amount of expenditures from statutory appropriations to be incurred in the fiscal year.

30(2.1)     [Repealed] S.M. 2006, c. 24, s. 13.

S.M. 2000, c. 42, s. 12; S.M. 2006, c. 24, s. 13.

Main estimates supplement

31          The minister who is charged by the Lieutenant Governor in Council with the administration of a government department or who is identified by Treasury Board as being responsible for a government entity or program shall table a supplement to the main estimates of expenditure in the Legislature at the time, in the form and containing the information about the operations of the department, government entity or program required by Treasury Board.

S.M. 1998, c. 45, s. 8.

Special warrants

32(1)       When

(a) an expenditure for a public service not foreseen or provided for, or not sufficiently provided for, is required for the public good; and

(b) the Legislature is not in session or is in session but is adjourned indefinitely or for a period of more than 10 days;

the Lieutenant Governor in Council, on the report of the Minister of Finance that there is no legislative provision or no sufficient provision for the expenditure and on the report of the minister having charge of the public service that the expenditure is for the public good, may order a special warrant to be prepared and to be signed by the Lieutenant Governor authorizing the expenditure to be made out of the Consolidated Fund.

When appropriation exists

32(2)       When a special warrant is issued with respect to an expenditure for a public service for which there is an appropriation, the amount provided by the special warrant shall be added to and is deemed to be part of the appropriation specified in the warrant for the fiscal year for which the warrant is issued.

When no appropriation exists

32(3)       When a special warrant is issued with respect to an expenditure for a public service for which there is no appropriation, the amount provided by the special warrant is deemed to be an appropriation for the public service specified in the warrant for the fiscal year for which the warrant is issued.

32(3.1)     [Repealed] S.M. 2006, c. 24, s. 14.

Special warrants to be reported

32(4)       A statement of special warrants issued for a fiscal year shall be reported in the public accounts for the fiscal year.

"Expenditure" defined

32(5)       In this section, "expenditure" includes a payment of money for the purpose of

(a) acquiring or developing inventory to be disposed of in a subsequent fiscal year; or

(b) reducing or eliminating a long-term liability that was accrued under section 66.

S.M. 2000, c. 42, s. 12; S.M. 2006, c. 24, s. 14.

Enabling appropriations

33          Treasury Board may direct that all or part of the expenditure authority in a service heading in an appropriation that is described as an "enabling appropriation" for a purpose may for that purpose be transferred to another service heading or made available in relation to another service heading.

Use of appropriation

34          No appropriation shall be charged with an amount that is

(a) for a purpose other than that for which the appropriation was provided; or

(b) in excess of the amount available in that appropriation.

S.M. 2006, c. 24, s. 15.

Loans, guarantees and debt charges payable without votes

35          Money required to

(a) redeem or repay the principal amount of provincial securities and to pay any interest, premium or other amount payable on them;

(b) satisfy a discount on provincial securities;

(c) repay loans;

(d) pay a guarantee for which the government is liable;

(e) be paid pursuant to agreements made under section 10;

(f) [repealed] S.M. 2006, c. 24, s. 16;

(g) pay interest under section 48;

(h) pay all costs, expenses and charges incurred in relation to

(i) negotiating or raising of loans by the government or the issue, redemption, repayment, servicing and management of loans by the government and of provincial securities,

(ii) giving guarantees for which the government is liable,

(iii) negotiating and administering agreements under section 10, or

(iv) making investments described in subsection 27(2);

shall be paid out of the Consolidated Fund without any legislative authority other than this section.

S.M. 2006, c. 24, s. 16.

Payment of trust money

36          No trust money shall be paid out of the Consolidated Fund except in accordance with the Act, regulation, trust, instrument or other authority under which it is held as trust money.

Lapse of appropriations

37          The balance of an appropriation remaining when the books of the government for a fiscal year are closed shall lapse.

38 and 39   [Repealed]

S.M. 2006, c. 24, s. 16.

Refunds or repayments of expenditures

40(1)       Subject to subsection (2), a refund or repayment of an expenditure charged to an appropriation

(a) that is received in the same fiscal year as the expenditure was made may be credited to the appropriation against which the expenditure was charged; or

(b) that is received in a later fiscal year shall be credited to the revenue of the fiscal year in which it is received.

Refunds or repayments under cost shared programs

40(2)       A refund or repayment from a government or government agency under an arrangement, agreement or Act that provides for cost sharing shall be credited to revenue.

Definitions

41(1)       In this section,

"arbitrator" means one or more persons on whom a power to make an award is conferred under an agreement; (« arbitre »)

"order" in relation to

(a) a court, includes a judgment, decree, rule, award and declaration, and

(b) a tribunal, includes an award; (« ordonnance »)

"tribunal" means one or more persons, other than a judge, on whom a power to make an order or award requiring the payment of money is conferred under a statute. (« tribunal administratif »)

Payment of money ordered by court etc.

41(2)       The Minister of Finance may pay the following out of the Consolidated Fund:

(a) money required to be paid by the government by order of a court of competent jurisdiction;

(b) money required to be paid by the government by order of a tribunal;

(c) an award made by an arbitrator against the government.

Settlement of claims

41(3)       When a claim is made against the government, whether or not proceedings have been commenced, and the Minister of Finance is satisfied

(a) on the opinion of a legal officer of the government that the claim, if pursued in a court of competent jurisdiction or before a tribunal or an arbitrator, could reasonably be expected to result in an order requiring the government to pay money; and

(b) that it is in the public interest to settle the claim;

the Minister of Finance may, subject to subsection (4), pay the amount in settlement of the claim out of the Consolidated Fund.

When amount exceeds prescribed amount

41(4)       No claim, other than a liquidated amount that the government is obligated to pay under the terms of a contract authorized under an Act of the Legislature, shall be paid under subsection (3) without the approval of the Lieutenant Governor in Council if the amount of the settlement is greater than the amount prescribed by regulation under subsection (5).

Regulation of L.G. in C.

41(5)       The Lieutenant Governor in Council may by regulation prescribe the amount for the purposes of subsection (4).

If no appropriation or insufficient appropriation

41(6)       If there is no legislative authority or no sufficient legislative authority for payment of money under subsection (2) or (3), the Minister of Finance may pay the money or the money to the extent of the insufficiency, as the case may be, out of the Consolidated Fund without any legislative authority other than this subsection.

Money paid under subsection (6) to be reported

41(7)       Money paid in a fiscal year under subsection (6) shall be reported in the public accounts for the fiscal year in which the payment was made.

Expenditures authorized for agreements with Canada

42          An expenditure may be incurred in relation to an agreement with the Government of Canada in anticipation of the agreement being entered into, and the expenditure is deemed to have been made in accordance with the appropriation notwithstanding

(a) that the agreement is not entered into; or

(b) that, in the case of an authorization in respect of an agreement for cost sharing, the agreement when entered into does not so provide.

S.M. 2006, c. 24, s. 17.

Authority for expenditures in anticipation of recoveries

43          When in a fiscal year a government department (the "supplying department") supplies goods or services to another government department or a government agency on a cost-recovery basis, the supplying department may, notwithstanding that an item in an appropriation shows a nil or a net amount of expenditures after recoveries, incur expenditures for the purpose of supplying the goods or services in the fiscal year an amount not exceeding the sum of

(a) the amount, if any, voted for the item in the appropriation; and

(b) an amount equal to the recoveries in relation to the item in the appropriation as set out in the estimates.

S.M. 2006, c. 24, s. 18.

Certification of contract performance

44(1)       No payment shall be made out of the Consolidated Fund for the supply of goods or services unless a certificate is given by a person referred to in subsection (2)

(a) that the goods or services have been supplied and that the payment is according to contract, or, if not specified in the contract, is reasonable;

(b) when a payment is to be made before the completion of the supply of the goods or services, that the payment is according to contract; or

(c) that the amount is for payment in advance of a periodical subscription or a course, conference or other registration fee that does not exceed an amount prescribed by regulation or directive of the Minister of Finance under clause 9(d).

Persons authorized to certify payment

44(2)       No person has authority to give a certificate under subsection (1) except

(a) a minister or a deputy minister;

(b) the Speaker of the Legislative Assembly;

(c) the Auditor General;

(d) the Ombudsman;

(e) the Chief Electoral Officer;

(f) a person authorized by the Minister of Finance; or

(g) a person authorized by a person referred to in any of clauses (a) to (e).

S.M. 2001, c. 39, s. 31.

Authority for commitments to future expenditures

45(1)       Subject to subsection (2), the government may during a fiscal year commit to expenditures for the public service of the government expected to be made or incurred in a later fiscal year.

Limit on expenditure commitments

45(2)       The total value of the expenditure commitments made under this section during a fiscal year must not exceed the limit prescribed for that year by an Appropriation Act.

Commitments to be reported

45(3)       The value of the expenditure commitments made under this section during a fiscal year must be reported in the public accounts for that year.

Commitments to be in main estimates

45(4)       The expenditures committed to under this section must be included in the main estimates of expenditure for the fiscal year in which the expenditures are to be made or incurred.

S.M. 2006, c. 24, s. 19.

Accountable advances

46          The Minister of Finance may make accountable advances out of the Consolidated Fund in such amounts as may be required for the purpose of providing for exigencies in and facilitating the public service.

Set-offs

47          When a person owes money to the government or a government agency in any specific sum, the Minister of Finance may authorize the retention by way of deduction or set-off of the amount of that indebtedness out of any amount that may be due and payable by the government or a government agency to that person.

Interest on amounts owing and trust money

48          The Minister of Finance may direct the payment of interest out of the Consolidated Fund

(a) on money owing by the government for goods or services provided to the government; or

(b) on trust money held or received by the government;

at the rate and on the terms and conditions that he or she considers appropriate.

PART 5

PUBLIC DEBT

Authorization of debt

49(1)       No money shall be raised on the credit of the government except under the authority of this or another Act of the Legislature.

Raising money to refinance debt or for temporary purposes

49(2)       The government may raise money on its credit

(a) for the purposes stated in clauses 53(c) and (d); or

(b) for temporary purposes.

S.M. 2004, c. 43, s. 123.

Authority to raise money

50(1)       When this or any other Act of the Legislature confers on the government the power to raise money on the credit of the government, the Lieutenant Governor in Council may by Order authorize the Minister of Finance or may designate and authorize an officer of the Department of Finance to raise money to a specified maximum amount on the credit of the government.

Manner of raising money

50(2)       An Order of the Lieutenant Governor in Council under subsection (1) authorizes the Minister of Finance or designated officer to raise money by way of loan in any of the following ways:

(a) by the issue and sale of provincial securities;

(b) from a bank, trust company, credit union or other financial institution;

(c) in any other manner.

Powers re raising money

50(3)       When the Minister of Finance or designated officer raises money by the issue and sale of provincial securities, he or she may determine

(a) the principal amount of the provincial securities to be issued;

(b) the rate of interest payable and the rate of any premium or discount applicable on the provincial securities;

(c) the currency in which the principal amount of the provincial securities and any interest or premium are payable;

(d) the sale price of the provincial securities;

(e) the form, denomination and dates of issue and maturity of the provincial securities; and

(f) any other terms and conditions of the provincial securities.

Terms and conditions of securities

50(4)       The terms and conditions of provincial securities may include any provision that in the opinion of the Minister of Finance or designated officer is necessary or advisable to facilitate the sale of the provincial securities, including, without limiting the generality of the foregoing, a provision that

(a) the interest rate payable on the provincial securities or the amount of principal payable at maturity be calculated and paid with reference to the value of a share or commodity or with reference to an index or some other basis;

(b) the provincial securities may be redeemed before maturity at the option of the government or the holder; or

(c) the holder of the provincial securities be reimbursed by the government for withholding taxes, duties, assessments or charges imposed by law on or with respect to a payment under the provincial securities by the government to the holder.

Other powers respecting provincial securities

50(5)       When raising money by way of the issue and sale of provincial securities, the Minister of Finance or designated officer may do all acts and things that he or she considers necessary or advisable to satisfy the requirements of any jurisdiction with respect to the offer, issue, sale and trade of provincial securities and other transactions relating to securities in the jurisdiction, including, without limiting the generality of the foregoing,

(a) the preparation, approval, filing or delivery of a registration statement, prospectus, offering circular or other document or any amendment or supplement to any of them;

(b) the registration, qualification or exemption from registration or qualification of the government under the laws of the jurisdiction regarding the offer, issue, sale or trade of provincial securities;

(c) the disclosure of financial and other information;

(d) the listing and trading of provincial securities on a stock exchange;

(e) entering into agreements with respect to the offer, issue, sale and trade of provincial securities and other transactions relating to provincial securities including underwriting, fiscal agency, pricing, exchange rate agency, paying agency, trust, distribution, registrar or other agreements; and

(f) the execution of all documents and instruments in relation to matters described in this subsection.

Records of loans to be available

51          A summary of the particulars of each loan made pursuant to an Order of the Lieutenant Governor in Council under subsection 50(1) shall

(a) not later than 30 days after it is made, be available for inspection by the public in a register in the Department of Finance; and

(b) continue to be so available until the public accounts containing that information are laid before the Legislative Assembly.

Raising money in foreign currency

52          When the Minister of Finance or designated officer raises money by way of loan in a currency other than Canadian dollars,

(a) the balance remaining of the authority to raise money granted by an Order of the Lieutenant Governor in Council under subsection 50(1) shall be calculated by converting the amount of that currency into Canadian dollars using the Bank of Canada Canadian dollar noon spot exchange rate on the third business day immediately preceding the day on which the Minister of Finance or designated officer finalizes the terms and conditions applying to the loan (referred to in this subsection as the "valuation date");

(b) the amount of authority under this or any other Act of the Legislature to raise money shall be abated by

(i) if the amount of the loan raised in the currency is converted to Canadian dollars, the amount of the Canadian dollars, and

(ii) if the amount of the loan raised in the currency is not converted to Canadian dollars, the amount that is obtained when the amount of the loan in the currency is converted at the Bank of Canada Canadian dollar noon spot exchange rate for that currency on the settlement date for the loan; and

(c) if, as a result of the fluctuation in value of the currency from the valuation date to the date of conversion or settlement as set out in subclause (b)(ii), the amount abated under clause (b) together with the amount of any other money raised under any Act of the Legislature exceeds the aggregate of the amounts authorized under this and any other Act of the Legislature, the excess shall be applied in repayment of any debt of the government and shall be reported in the public accounts.

Purposes of money raised under section 50

53          Money raised under section 50 shall be raised for one or more of the following purposes:

(a) funding the Consolidated Fund when the Minister of Finance determines that it is insufficient to meet the disbursements lawfully authorized to be made from it;

(b) funding advances and loans authorized under this or any other Act of the Legislature;

(c) redeeming or repaying provincial securities;

(d) redeeming or repaying securities the repayment of which has been guaranteed by the government.

Execution of provincial securities

54(1)       Subject to subsection (2), provincial securities shall be

(a) signed by the Minister of Finance; and

(b) countersigned by an officer of the Department of Finance or another person designated by the Lieutenant Governor in Council for the purpose of this section.

Regulations by L. G. in C.

54(2)       The Lieutenant Governor in Council may make regulations of general application or application to a class of provincial securities or by order in a specific case providing for the execution of provincial securities other than as provided in subsection (1) or for the authentication of provincial securities other than by execution.

Reproduced signature

55          The signature of a person required to execute provincial securities that is engraved, lithographed, printed or electronically or otherwise reproduced is for all purposes the signature of that person and is binding on the government notwithstanding that the person whose signature is reproduced may not have held office at the date of the provincial securities or at the date they are delivered.

Cancellation of provincial securities held by government

56          The Lieutenant Governor in Council may authorize the Minister of Finance to cancel provincial securities held by the government before they mature.

Change in form of public debt

57(1)       The Lieutenant Governor in Council may authorize the Minister of Finance to change the form of any part of the public debt by substituting provincial securities for other provincial securities but, except when provincial securities bearing a lower rate of interest are substituted for others bearing a higher rate of interest, no substitution shall be made if the effect is to increase the principal amount of the public debt.

Limitation on substitution

57(2)       When provincial securities bearing a lower rate of interest are substituted for others bearing a higher rate of interest, the principal amount of the public debt represented by the new provincial securities may be increased by an amount not exceeding the difference between the present values of the provincial securities as determined by the Minister of Finance at the date of substitution.

How substitution may be made

57(3)       A substitution under this section may be made by the sale of new provincial securities and the purchase and cancellation of existing provincial securities from the proceeds.

Restriction on substitutions

57(4)       A substitution shall not be made under this section unless

(a) the holder of the provincial securities for which other provincial securities are substituted consents; or

(b) the provincial securities are purchased or redeemed by or for the government and cancelled.

Regulations re provincial securities

58          The Lieutenant Governor in Council may make regulations respecting the inscription, registration, transfer, transmission, exchange, redemption or cancellation of provincial securities.

Execution of trusts

59          No person employed or engaged by the government in the inscription, registration, transfer, transmission, exchange, redemption or cancellation of provincial securities, or in the payment of interest, a premium or any other amount payable on provincial securities, is required to see to the execution of any trust, express or implied, to which the provincial securities are subject, or is liable in any way for anything done by him or her in accordance with this Act or the regulations.

Sinking fund

60          The Minister of Finance may

(a) provide for the creation and management of sinking funds for the orderly retirement of debt or other long-term liabilities; and

(b) authorize, by directive, the amount, if any, to be allocated in the Consolidated Fund to any sinking fund.

S.M. 2007, c. 6, s. 101.

Pension assets fund continued

60.1(1)     The pension assets fund, established as a sinking fund for the orderly retirement of the government's pension liabilities, is continued.

Amounts to be credited to pension assets fund

60.1(2)     The following amounts are to be transferred or credited to the pension assets fund in each fiscal year:

(a) the amount, if any, transferred out of the Debt Retirement Fund under The Balanced Budget, Debt Repayment and Taxpayer Accountability Act for the purpose of reducing the government's pension liability;

(b) all amounts appropriated for the year in respect of the current service of persons earning a pension for which the government is liable;

(c) any additional amount allocated in the year to the fund, by directive from the Minister of Finance, from the Consolidated Fund for the purpose of reducing the government's pension liability;

(d) the income earned in the year from the fund's investments.

Payments out of pension assets fund

60.1(3)     Money in the pension assets fund may be paid or transferred out of the fund without any legislative authority other than this section, but only for the following purposes:

(a) to pay, or fund the payment of, pension benefits for which the government is responsible;

(b) to pay the costs of administering the pension assets fund.

S.M. 2007, c. 6, s. 101.

PART 6

ADVANCES, LOANS AND GUARANTEES BY THE GOVERNMENT

Advances by government

61(1)       When an Act of the Legislature authorizes money to be paid out of the Consolidated Fund for the purpose of making an advance of money to a government agency or other person, the Lieutenant Governor in Council may authorize the Minister of Finance to advance the money by way of

(a) loan; or

(b) investment in the shares of the government agency;

and, subject to subsection (2), may determine and vary the terms and conditions applying to the advance.

Interest rate

61(2)       Subject to subsection (3), the Minister of Finance shall, at least monthly, establish a schedule of interest rates to apply to advances made by way of loan under this or any other Act of the Legislature.

Minimum rate of interest

61(3)       No rate of interest shall be less than the rate of interest estimated at the time the schedule of rates is established to be the government's cost of borrowing for the term during which the advance is to be repaid.

S.M. 2004, c. 43, s. 123; S.M. 2006, c. 24, s. 20.

Guarantee of securities of government agencies

62          The Lieutenant Governor in Council may authorize the Minister of Finance or may designate and authorize an officer of the Department of Finance to guarantee, on behalf of the government, a security issued by a government agency or other person under the authority of an Act of the Legislature and to execute all documents and instruments in relation to the guarantee.

Supplementary loan and guarantee authority

63(1)       When there is no authority or no sufficient authority under any other Act of the Legislature to advance money or to make a loan or give a guarantee of a loan, debt, obligation, security or undertaking of a government agency or other person, the Lieutenant Governor in Council may

(a) authorize the Minister of Finance on behalf of the government to make the loan or give the guarantee to a specified maximum amount, to determine its terms and conditions and to execute all documents and instruments in relation to it; and

(b) direct or authorize a government department or government agency to administer the loan or guarantee.

Limit on amount of loans and guarantees

63(2)       The aggregate of the amount of loans and guarantees under subsection (1) in a fiscal year shall not exceed the amount prescribed for the year for the purpose of this section by a Loan Act.

Administration

63(3)       Notwithstanding any other Act of the Legislature, a government department or government agency that is directed or authorized to administer a loan or guarantee authorized under subsection (1) has all the power and capacity necessary to do so.

Report to Legislative Assembly

63(4)       The Minister of Finance shall

(a) not later than four months after the end of the fiscal year, prepare a report setting out particulars of

(i) all the loans made and guarantees given under this section in the fiscal year,

(ii) the government agencies or other persons to whom the loans were made or for whom the guarantees were given,

(iii) the purpose for which the loans were made or the guarantees were given, and

(iv) the terms and conditions imposed on each of the loans and guarantees; and

(b) without delay after its completion, lay a copy of the report before the Legislative Assembly if it is then in session, and, if it is not, then make the report public and lay a copy of the report before the Legislative Assembly within 15 days after the beginning of the next session.

Establishment of loan or loan guarantee programs

64(1)       When

(a) an Act of the Legislature provides for money to be paid out of the Consolidated Fund under a loan program or a loan guarantee program to be established for a purpose;

(b) no specific legislative authority exists for the establishment of the program; and

(c) the Lieutenant Governor in Council is of the opinion that it would be appropriate to establish the program by regulation;

the Lieutenant Governor in Council may make regulations providing for the establishment and administration of the loan program or the loan guarantee program.

Contents of loan program

64(2)       Without limiting the generality of subsection (1), regulations under subsection (1) may

(a) direct or authorize any minister or government agency to administer the loan program or loan guarantee program;

(b) prescribe the purposes for which loans may be made or loan guarantees may be given;

(c) prescribe the persons or classes of persons eligible to apply for loans or loan guarantees, the procedure for the submission of applications and their form and content;

(d) prescribe the conditions required to be met by applicants to render them eligible for loans or loan guarantees;

(e) prescribe the terms and conditions on which loans or loan guarantees may be made or given;

(f) prescribe the security to be given to the government in consideration of loans or loan guarantees; and

(g) provide for the realization on security.

Authority of minister or agency to administer program

64(3)       Notwithstanding any other Act of the Legislature, a minister or government agency that is directed or authorized to administer a loan program or loan guarantee program under subsection (1) has all the power and capacity necessary to do so.

S.M. 2006, c. 24, s. 21.

PART 7

PUBLIC ACCOUNTS AND REPORTS

Preparation of public accounts

65(1)       The Comptroller must prepare for each fiscal year, in accordance with the directions of the Minister of Finance, public accounts that include

(a) summary financial statements that provide an accounting of the financial affairs and resources of the government reporting entity, accompanied by a report of the Auditor General concerning his or her examination of those statements;

(b) the statement required under section 4 of The Balanced Budget, Fiscal Management and Taxpayer Accountability Act (statement of balance);

(c) for each of the following accounts, a statement that summarizes the transfers in and out of the account for the fiscal year and shows its balance as at the end of the fiscal year, accompanied by a report of the Auditor General concerning his or her examination of the statement:

(i) the debt retirement account under The Balanced Budget, Fiscal Management and Taxpayer Accountability Act,

(ii) the fiscal stabilization account under section 26.1; and

(d) information required under this Act or by the Minister of Finance to be reported in the public accounts.

Submitting public accounts

65(2)       The Minister of Finance shall, within six months after the end of each fiscal year,

(a) submit the public accounts to the Lieutenant Governor in Council and make them public; and

(b) lay a copy of the public accounts before the Legislative Assembly immediately if it is sitting, or, if it is not, within 15 days after the beginning of the next sitting.

Reporting organizations

65(3)       For the purposes of enabling the Minister of Finance to prepare summary budgets for the government reporting entity and enabling the Comptroller to prepare the summary financial statements referred to in clause (1)(a),

(a) the Minister of Finance may make regulations prescribing organizations or classes of organizations as reporting organizations and establishing financial reporting requirements for reporting organizations;

(b) the Minister of Finance may issue financial reporting guidelines for reporting organizations; and

(c) the Minister of Finance or a person authorized by him or her for this purpose may enter any premises where financial records of a reporting organization are kept and inspect those records for the purpose of

(i) verifying any information that has been reported by the organization to the Minister of Finance, or

(ii) obtaining information that the government requires in order to comply with this Part.

Assistance to minister or authorized person

65(4)       A person in charge of the place of inspection or having custody or control of the relevant records of a reporting organization must

(a) produce or make available to the Minister of Finance or authorized person the financial records to be inspected; and

(b) provide any assistance or additional information that the minister or authorized person reasonably requires to carry out the inspection.

Copies of records

65(5)       The Minister of Finance or authorized person may

(a) use equipment at the place of inspection to make copies of relevant records; or

(b) remove records from the place of inspection to make copies.

Records removed under clause (b) must be returned to the place of inspection as soon as practicable.

S.M. 2000, c. 42, s. 12; S.M. 2001, c. 39, s. 31; S.M. 2007, c. 6, s. 101; S.M. 2008, c. 44, s. 17.

Adjustments after end of fiscal year

66          Notwithstanding anything in this Act, after the end of a fiscal year, the Minister of Finance may make the adjustments to the public accounts of the government that in his or her opinion are material to reflect fairly the financial position of the government.

Accountability to the Legislative Assembly

67          The minister who is charged by the Lieutenant Governor in Council with the administration of a government department or who is identified by Treasury Board as being responsible for a government entity or program under section 31 is accountable to the Legislative Assembly for the operations of the department, entity or program in each fiscal year and shall, not later than six months after the end of the fiscal year

(a) prepare a report of its operations in the fiscal year; and

(b) lay a copy of the report before the Legislative Assembly if it is in session and, if it is not, the minister shall without delay make the report public, and, within 15 days after the beginning of the next session, lay a copy of the report before the Legislative Assembly.

Report on fuel tax revenue and expenditure

67.1(1)     Within six months after the end of each fiscal year beginning after 2003, the Minister of Finance must prepare a report that sets out

(a) as fuel tax revenue, the government's tax revenue for the fiscal year under The Fuel Tax Act, other than the tax on aviation fuel and the tax on fuel used for the operation of railway locomotives;

(b) as fuel tax expenditure, the total of the expenditures for the fiscal year for

(i) the construction, operation and maintenance of transportation infrastructure for motor vehicles, and

(ii) assistance to municipalities for transportation systems and infrastructure for motor vehicles; and

(c) the amount by which the fuel tax revenue for the fiscal year and all previous fiscal years beginning after 2003 exceeds, or falls short of, the fuel tax expenditure for those years.

Report to be tabled

67.1(2)     The Minister of Finance must table the report in the Legislative Assembly along with his or her report under section 67.

Report to be included in public accounts

67.1(3)     The report referred to in subsection (1) must be included in the public accounts each fiscal year.

Excess revenue

67.1(4)     If an amount is reported under clause (1)(c) as excess fuel tax revenue, the government's estimates of expenditures referred to in clause (1)(b) for the next four fiscal years must exceed, in total, its estimated fuel tax revenue for those years by the same amount.

S.M. 2004, c. 10, s. 2; S.M. 2010, c. 29, Sch. B, s. 36.

67.2        Not yet proclaimed.

67.3        [Repealed]

S.M. 2013, c. 36, s. 3; S.M. 2014, c. 35, s. 74.

Five-year core infrastructure plan — financial management strategy

67.4(1)     The statement of the government's financial strategy for a fiscal year beginning before 2019, referred to in section 8 of The Balanced Budget, Fiscal Management and Taxpayer Accountability Act, must set out as a measurable outcome the government's objective for core infrastructure investment for the fiscal year.

Five-year core infrastructure plan — report on outcomes

67.4(2)     The report on outcomes for a fiscal year beginning before 2019, referred to in section 9 of The Balanced Budget, Fiscal Management and Taxpayer Accountability Act, must include a report setting out the following:

(a) as incremental retail sales tax revenue, an amount equal to the following percentage of the government's revenue under The Retail Sales Tax Act for the fiscal year:

(i) 9.375% for the 2013-2014 fiscal year,

(ii) 12.5% for fiscal years beginning after 2013;

(b) as core infrastructure expenditures, the aggregate of

(i) the total of the expenditures for the fiscal year for roads, highways and bridges, as set out in subsection (4),

(ii) the total of the expenditures for the fiscal year for flood protection, as set out in subsection (5), and

(iii) the total of the amounts paid for the fiscal year out of the Building Manitoba Fund under The Municipal Taxation and Funding Act excluding transit operating support;

(c) the amount, if any, by which

(i) the incremental retail sales tax revenue for the fiscal year under clause (a),

exceeds, or falls short of,

(ii) the amount by which the core infrastructure expenditures for the fiscal year under clause (b) exceeds $729,000,000; and

(d) the amount, if any, by which the total of the amounts reported under subclause (c)(i) for the fiscal year and all previous fiscal years beginning after 2013 exceeds the total of the amounts reported under subclause (c)(ii) for those years.

Excess revenue

67.4(3)     If a cumulative excess amount is reported under clause (2)(d) in a report for a fiscal year beginning after 2013, the total of the government's estimates of core infrastructure expenditures for the subsequent fiscal years beginning before 2019 must exceed the total of

(a) the cumulative excess amount;

(b) the government's estimated incremental retail sales tax revenue for those subsequent years; and

(c) $729,000,000 for each of those subsequent years.

Interpretation — expenditures for roads, highways and bridges

67.4(4)     For the purpose of subclause (2)(b)(i), expenditures for roads, highways and bridges consist of

(a) highways infrastructure;

(b) transportation capital projects and equipment;

(c) airport runway infrastructure; and

(d) maintenance and preservation of provincial trunk highways, provincial roads and related projects.

Interpretation — expenditures for flood protection

67.4(5)     For the purpose of subclause (2)(b)(ii), expenditures for flood protection consist of

(a) water related infrastructure; and

(b) maintenance and preservation of waterway control projects.

S.M. 2014, c. 35, s. 74.

PART 8

ENFORCEMENT

Definition of "revenue officer"

68          In this Part, "revenue officer" means any person employed in collecting, holding, managing or accounting for public money or in carrying into effect any laws relating thereto, or in preventing the contravention of those laws, and in respect of accounting for and paying over public money includes any person who has received or who has been entrusted with any public money, whether regularly employed for the purpose or not, and without limiting the generality of the foregoing, includes a person appointed a revenue officer under this Act and a person who, under any other Act of the Legislature,

(a) is a revenue officer by operation of law; or

(b) is appointed a revenue officer.

Appointment of revenue officers

69(1)       Without limiting or restricting the provision of any other Act of the Legislature under which any person is by law, or may be appointed, a revenue officer, the Minister of Finance may appoint revenue officers necessary for collecting, holding, managing and accounting for public money.

Regulations or directives of minister

69(2)       Except as otherwise provided in this or any other Act of the Legislature, the Minister of Finance may make regulations and issue directives respecting the duties of revenue officers in relation to public money.

Limitation re revenue officers under other Acts

69(3)       When a regulation or directive made under subsection (2) in relation to persons who are appointed revenue officers, or who are revenue officers by law, under any other Act of the Legislature conflicts with that other Act or a regulation under that other Act, that other Act or regulation prevails.

Offence by revenue officer

70          Except as otherwise provided in any other Act of the Legislature, a revenue officer who fails to comply with a regulation or directive under subclause 9(a)(ii) or subsection 69(2) is guilty of an offence and liable, on summary conviction in the case of a first offence to a fine of not less that $100. and not more $2,000. or to imprisonment for a term of not more than three months, or to both in the case of a second or subsequent offence.

Revenue officers not accounting

71(1)       When the Minister of Finance has reason to believe that a revenue officer has received public money and has not paid over or duly accounted for it, the Minister of Finance may mail or cause to be delivered to the revenue officer a notice requiring that, within a time set out in the notice, which shall be not fewer than 30 days from the mailing or delivery, the money be paid over or accounted for to the Minister of Finance, or to an officer of the government mentioned in the notice, with the proper vouchers.

Failure to comply with notice

71(2)       When a revenue officer fails to pay over or account for public money or to transmit vouchers within the time set out in the notice, the Minister of Finance may fix the amount of money that the revenue officer has received and not paid over or accounted for or transmitted vouchers for, and may state an account for it.

Account as evidence

71(3)       A copy of the account stated under subsection (2) is prima facie proof of the revenue officer's indebtedness to the government in any proceeding by the government for the recovery of the amount.

Accounting for money received

72(1)       A revenue officer is accountable for the amount of public money that he or she has received, and it may be recovered from him or her by the government in a court of competent jurisdiction.

Liability for public money lost

72(2)        When, by reason of the malfeasance, gross carelessness or neglect of duty of a revenue officer, an amount of public money is lost to the government, the revenue officer is liable to pay the money as if he or she had collected and received it.

Accepting unauthorized fees

73(1)       A revenue officer who takes or receives, directly or indirectly, any fee, perquisite, gratuity or reward, whether pecuniary or otherwise, on account of anything done by the revenue officer in his or her office or employment, other than from a person authorized to pay or allow it under an Act of the Legislature, is guilty of an offence and liable, on summary conviction, to a fine of not less that $100. and not more $1,000.

Payment of unauthorized fee

73(2)       Any person who, not being authorized by an Act of the Legislature to pay or allow it, gives, offers, or promises to a revenue officer any fee, perquisite, gratuity or reward, whether pecuniary or otherwise, on account of anything done by the revenue officer in his or her office or employment, is guilty of an offence and liable, on summary conviction, to a fine of not less than $100. and not more $1000.

Accounts of revenue officer

74(1)       All books, papers, accounts and documents used by or in the possession of a revenue officer which relate to public money or revenues, and all money and securities received or taken into the possession of the revenue officer by virtue of his or her office or employment as a revenue officer belong to the government.

Payment of balance to Minister of Finance

74(2)       Every revenue officer, on the termination of his or her employment or appointment as a revenue officer, shall without delay pay to the Minister of Finance or other officer authorized to receive it any balance of public money then due to the government by the revenue officer, and shall deliver up all books, papers, accounts, documents and securities relating to his or her office or employment.

Saving of other legal remedies

75          Nothing in this Act affects, prevents, lessens or impairs a remedy given by law to the government or any other person.

Recovery of public money

76          The government may in a court of competent jurisdiction sue for and recover public money or enforce a forfeiture imposed by any law relating to public money and imposed for the contravention of this or any other Act of the Legislature.

PART 9

MISCELLANEOUS

Recitals and declarations

77          A recital or declaration of any thing in an order of the Lieutenant Governor in Council made under this Act is conclusive evidence of the thing and is binding on the government in respect of any act done, money paid or lent or agreement entered into in reliance on the recital or declaration.

Self-sustaining debt

78(1)       The Minister of Finance may declare any provincial securities in respect of which

(a) the principal amount;

(b) the provision for sinking fund;

(c) the interest, exchange and other charges; or

(d) any other means of repayment;

under ordinary circumstances do or does not ultimately constitute a charge on the revenue of the government to be self-sustaining debt.

General purpose debt

78(2)       Any provincial securities that are not declared to be self-sustaining debt under subsection (1) are general purpose debt.

Regulations re retention and destruction of documents

79          Notwithstanding The Archives and Recordkeeping Act, the Minister of Finance may make regulations respecting the retention and destruction of any books, records, accounts, securities and documents that are permitted or required to be kept under this Act or under any other Act of the Legislature with whose administration the Minister of Finance is charged by the Lieutenant Governor in Council.

S.M. 2001, c. 35, s. 37.

Disclosure of contracts

80(1)       The Minister of Finance must publish, for each reporting period prescribed by regulation, reports that set out the following information about contracts described in subsection (2):

(a) the names of the parties to the contract;

(b) a description of the subject matter and type of contract, as prescribed by regulation;

(c) the amount of the contract or, if it is not for a fixed amount, an estimate of the anticipated total expenditure and a description of the basis on which payment is to be made;

(d) any other information prescribed by regulation.

Contracts to be reported

80(2)       Subject to the regulations, subsection (1) applies to every contract that

(a) is for the procurement of goods or services, or both goods and services, by or on behalf of the government;

(b) requires an expenditure of money from the Consolidated Fund; and

(c) has not been included in a report for a prior reporting period.

Regulations

80(3)       The Lieutenant Governor in Council may make regulations respecting the reporting of contracts under this section including

(a) prescribing the reporting period, any additional information to be included in the reports and the time and manner in which the reports are to be published;

(b) establishing contract categories and authorizing or requiring reports under this section to include summary information for each category;

(c) exempting contracts from the reporting requirement, including an exemption for contracts for which the total expenditure from the Consolidated Fund will be less than the amount specified in the regulations;

(d) establishing reporting procedures and requirements for government departments to report to the Minister of Finance;

(e) respecting any other matter necessary or advisable to carry out the purpose of this section.

S.M. 2015, c. 40, s. 51.

Reproduction of seal

81          The seal of the Department of Finance may be reproduced upon documents or provincial securities by engraving, lithographing, printing or electronic reproduction or by any other method, and, when so reproduced, shall have the same force and effect as if manually affixed to the documents or provincial securities.

PART 10

CONSEQUENTIAL AMENDMENTS, REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE

82 to 110   

NOTE: These sections contained consequential amendments to other Acts, which amendments are now included in those Acts.

Repeal

111         The Financial Administration Act, R.S.M. 1987, c. F55, is repealed.

C.C.S.M. reference

112         This Act may be cited as The Financial Administration Act and referred to as chapter F55 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

113(1)      Subject to this section, this Act comes into force on April 1, 1997.

Coming into force: subsection 25(3)

113(1.1)    Subsection 25(3) comes into force on a day fixed by proclamation.

Coming into force: sections 93 and 108

113(2)      Sections 93 and 108 are retroactive and are deemed to have come into force on July 31, 1996.

Coming into force: certain consequential amendments

113(3)      Subsections 82(1) and (2) and sections 83 to 92, 94 to 101, 103 to 107, 109 and 110 come into force on the day this Act receives royal assent.

S.M. 1998, c. 45, s. 8.

NOTE:

Subsection 25(3) was never proclaimed in force and was repealed by S.M. 2002, c. 19, s. 75(4).