Skip to main content
The Special Operating Agencies Financing Authority Act
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of March 27, 2017.
It has been in effect since November 5, 2015.

Show previous versions Hide previous versions

Previous versions:

Note: Earlier consolidated versions are not available online.

 

 

C.C.S.M. c. S185

The Special Operating Agencies Financing Authority Act

(Assented to June 24, 1992)

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

Definitions

1           In this Act,

"agency" means a special operating agency; (« organisme »)

"Financing Authority" means the Special Operating Agencies Financing Authority established by this Act; (« Office de financement »)

"management agreement" means an agreement made under this Act between the Financing Authority and the minister responsible for the administration of an agency; (« accord de gestion »)

"operating charter" means an operating charter established for an agency under this Act; (« charte »)

"special operating agency" means a special operating agency designated under this Act. (« organisme de service spécial »)

Financing Authority established

2           The Special Operating Agencies Financing Authority is hereby established as a body corporate consisting of one or more persons appointed by the Lieutenant Governor in Council.

Object and purpose

3           The object and purpose of the Financing Authority is to provide a method of funding the operations of certain of the agencies designated under this Act and to acquire and hold assets required for or resulting from those operations.

Direction of Minister of Finance

4           The affairs of the Financing Authority shall be under the direction and control of the Minister of Finance.

Delegation of powers

5           The Minister of Finance may delegate to any person any of the powers conferred upon him or her by this Act.

Powers of Financing Authority

6(1)         The Financing Authority may, subject to this Act and to the approval of the Minister of Finance and, except as in this Act otherwise provided, not contrary to any other Act of the Legislature,

(a) enter into agreements with any person or the representative of any government, for its own purposes or the purposes of an agency;

(b) enter into management agreements with the minister responsible for the administration of any agency;

(c) in its own name, acquire, hold, manage and dispose of, by sale, lease or otherwise, any real property or an interest therein, for its own purposes or for the purposes of an agency;

(d) in its own name, acquire and dispose of any personal property, for its own purposes or for the purposes of an agency.

Additional powers of Financing Authority

6(2)        The Financing Authority may, subject to this Act and, except as in this Act otherwise provided, not contrary to any other Act of the Legislature,

(a) make by-laws for the conduct of its affairs;

(b) make rules for its own procedure;

(c) expend money for its own purposes or the purposes of an agency;

(d) exercise such other powers as are conferred upon it by or under this Act.

S.M. 2015, c. 40, s. 52.

Fiscal year of Financing Authority

7           The fiscal year of the Financing Authority shall be the same as the fiscal year of the government.

Employment of staff

8(1)        The Financing Authority may employ, under The Civil Service Act, such persons as it considers necessary for its purposes, and the provisions of The Civil Service Superannuation Act apply to those employees.

Use of government employees

8(2)        The Financing Authority may, from time to time and for such periods as it considers necessary for its purposes, utilize the services of any person employed in a department of the government, subject to the approval of the minister of that department.

Remuneration of staff

8(3)        The remuneration of any person employed under subsection (1) or whose services are utilized under subsection (2) may be paid by the Financing Authority out of its own funds.

Advances from Consolidated Fund

9(1)        The funds required by the Financing Authority for the purposes of this Act may be advanced to it from the Consolidated Fund with money authorized by an Act of the Legislature to be so paid and applied.

Working capital

9(2)        The Minister of Finance with the approval of the Lieutenant Governor in Council may, without legislative authority other than this section, advance to the Financing Authority from time to time, from the Consolidated Fund, for use as working capital, such sums as the Minister of Finance may consider necessary for the purposes of this Act.

Repayment of advances

9(3)        All money advanced to the Financing Authority under subsections (1) and (2) shall be repaid by the Financing Authority to the Consolidated Fund at such times, on such terms and with such interest as the Lieutenant Governor in Council may direct.

Money from any source

10          In addition to the money advanced to it under section 9, the Financing Authority may receive money from any source whatsoever for its purposes or the purposes of an agency.

Designation of special operating agencies

11          The Lieutenant Governor in Council may, by regulation, designate one or more departments, divisions, branches or programs of the government as a special operating agency.

S.M. 1997, c. 52, s. 19; S.M. 2013, c. 39, Sch. A, s. 87; S.M. 2015, c. 40, s. 52.

Operating charter required

12(1)       For each agency, the Minister of Finance must establish an operating charter that will govern the operations of the agency.

Amendment of operating charter

12(2)       The Minister of Finance may amend or replace an operating charter from time to time.

S.M. 1997, c. 52, s. 19; S.M. 2015, c. 40, s. 52.

Management agreements

13          Where the operating charter of an agency so provides and subject to the approval of the Minister of Finance, the Financing Authority may enter into a management agreement with the minister responsible for the administration of the agency, not inconsistent with this or any other Act of the Legislature and providing for

(a) the management of the agency's financial operations; and

(b) such other matters as the Financing Authority and the responsible minister consider necessary.

S.M. 2015, c. 40, s. 52.

Annual review of operating charters and management agreements

13.1        At least once a year, an agency must review its operating charter and management agreement and provide a report to the Financing Authority identifying any amendment the agency considers necessary or appropriate.

S.M. 2015, c. 40, s. 52.

Provisions governing agencies

14          Each agency shall perform its duties and functions and conduct its operations in accordance with the provisions of its operating charter, its management agreement, if any, and this Act and, except as in this Act otherwise provided, not contrary to any other Act of the Legislature.

Revoking designation

15          The Lieutenant Governor in Council may, on any terms it considers appropriate, revoke the designation of an agency. Upon the revocation, the agency ceases to be a special operating agency and ceases to be subject to this Act.

S.M. 1997, c. 52, s. 19; S.M. 2015, c. 40, s. 52.

Financing of agencies

16          Notwithstanding anything to the contrary in The Financial Administration Act, where an agency is governed by a management agreement,

(a) the money required to be expended for the purpose of carrying out the duties and functions of the agency, including the remuneration of the agency's staff, shall be paid by the Financing Authority on the requisition of the minister responsible for the administration of the agency or the person delegated for the purpose by that minister; and

(b) any money received by or for the agency shall be paid to the Financing Authority.

Banking

17          Notwithstanding anything to the contrary in The Financial Administration Act, any money advanced or credited to or received by the Financing Authority under this Act shall be paid to the Minister of Finance who shall deposit the money, for banking purposes, to the credit of the Financing Authority,

(a) in the Consolidated Fund, in trust; or

(b) in a bank, trust company or credit union in Manitoba;

as the Minister of Finance considers advisable.

Investments

18          Any money on deposit to the credit of the Financing Authority under section 17 that is not immediately required for the purposes of the Financing Authority or any agency and is available for investment may be invested on behalf of the Financing Authority in accordance with The Financial Administration Act, and the interest earnings thereon shall be credited to the account of the Financing Authority.

Payment out

19          Any money required to be paid from time to time by the Financing Authority for its own purposes or for the purposes of an agency shall be paid by the Minister of Finance out of the money on deposit to the credit of the Financing Authority under section 17.

Disposition of surplus money

20          The Minister of Finance, with the approval of the Lieutenant Governor in Council, may transfer to a revenue account in the Consolidated Fund as general revenue of the government any money on deposit to the credit of the Financing Authority under section 17 that is designated by the Minister of Finance with the approval of the Lieutenant Governor in Council as surplus money of the Financing Authority.

S.M. 1998, c. 45, s. 16.

Records and accounts

21          The Financing Authority shall keep such financial and other records and accounts of its operations and the operations of each agency as the Minister of Finance may direct.

Audits

22          An agency's financial records and accounts must be audited annually by the Auditor General or any other auditor appointed by the Lieutenant Governor in Council, and the cost of the audit is to be paid by the agency.

S.M. 2001, c. 39, s. 31; S.M. 2015, c. 40, s. 52.

23          [Repealed]

S.M. 2007, c. 6, s. 102; S.M. 2015, c. 40, s. 52.

Annual reports of agencies

24(1)       Each minister responsible for the administration of an agency shall, within six months after the end of each fiscal year, prepare a report of the operations of the agency for that fiscal year, and the report shall include the audited financial statements of the agency for that fiscal year.

Tabling reports of agencies

24(2)       Each minister responsible for the administration of an agency shall, after preparing a report under subsection (1), lay a copy of the report before the Legislative Assembly if it is then in session and, if it is not then in session, within 15 days after the commencement of the next ensuing session of the Legislative Assembly.

S.M. 1996, c. 59, s. 108; S.M. 2015, c. 40, s. 52.

Corporations Act not applicable

25          The Corporations Act does not apply to the Financing Authority.

Agent of Crown

26          The Financing Authority is an agent of Her Majesty in right of Manitoba.

Crown bound

27          The Crown in right of Manitoba is bound by this Act.

C.C.S.M. reference

28          This Act may be referred to as chapter S185 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

29          This Act is retroactive and is deemed to have come into force on April 1, 1992.