A-6.001 - Financial Administration Act

Updated to 31 January 2006

This document has official status.

chapter A-6.001

Financial Administration Act

2000, c. 15.

CHAPTER I OBJECT AND SCOPE

2000, c. 15, s. 1.

1. The object of this Act is to establish a management framework for the financial resources of government departments, bodies and enterprises. This Act specifies the means by which the Government is to account for its management and the information that must be provided for that purpose to the National Assembly.

2000, c. 15, s. 1.

2. For the purposes of this Act, the following bodies are government bodies:

(1)  the budget-funded bodies listed in Schedule 1; and

(2)  the bodies other than budget-funded bodies listed in Schedule 2.

Persons designated or appointed by the Government or a minister and listed in Schedules 1 and 2, respectively, together with the personnel directed by them, are considered to be budget-funded bodies or bodies other than budget-funded bodies, in the exercise of the functions assigned to them by law or by the Government or the minister.

The enterprises listed in Schedule 3 are government enterprises.

2000, c. 15, s. 2.

3. The Government may amend a schedule to this Act following the establishment or abolition of a body or enterprise or the amendment of the Act constituting a body or enterprise, or where a body or enterprise no longer possesses the characteristics of the category in which it is classified according to the Government’s accounting policies.

The Government may also amend a schedule to this Act to add a body or enterprise that has acquired the characteristics of a government body or enterprise according to the Government’s accounting policies.

2000, c. 15, s. 3.

4. Subject to the second paragraph of section 110 of the Act respecting the National Assembly (chapter A‐23.1), the provisions applicable to budget-funded bodies also apply to the management of the financial resources of the National Assembly, except the provisions of sections 30 and 31.

As well, the provisions applicable to budget-funded bodies apply to the management of the financial resources of persons designated or appointed by the National Assembly to exercise a function coming under the authority of the Assembly to the extent provided in the Act under which they are designated or appointed and to the management of the financial resources of the Commission de la représentation established under the Election Act (chapter E‐3.3) to the extent provided in that Act.

2000, c. 15, s. 4.

CHAPTER II CONSOLIDATED REVENUE FUND

2000, c. 15, s. 5.

5. The consolidated revenue fund consists of all money received or collected from any source over which Parliament has the power of appropriation.

2000, c. 15, s. 5.

6. Money received under a contract or agreement that provides for the money to be allocated to a specific purpose may be accounted for in a specified purpose account.

Money received on the condition that it be allocated to a specific purpose may also be accounted for in a specified purpose account.

Every disbursement chargeable to a specified purpose account constitutes a charge against the Consolidated Revenue Fund up to the amount determined by the Government at the time the specified purpose account is established.

No money derived from levies, taxes and duties, or from transfer payments by the Government of Canada under the Federal-Provincial Fiscal Arrangements Act (Revised Statutes of Canada (1985), chapter F-8) or the Canada Assistance Plan (Revised Statutes of Canada (1985), chapter C-1), may be accounted for in a specified purpose account.

2000, c. 15, s. 6.

7. A specified purpose account is established by the Government on the joint proposal of the chair of the Conseil du trésor and the Minister. The Government shall determine the nature of the activities and the costs chargeable to the account and the limits on the disbursements that may be made from the account. The manner in which the account is to be managed shall be determined by the Conseil du trésor.

An order in council under this section may have effect from the beginning of the fiscal year during which it is made.

2000, c. 15, s. 7.

8. The Minister may deposit money from the Consolidated Revenue Fund with the Caisse de dépôt et placement du Québec, up to the amount recorded in the non-budgetary pension plans account shown in the financial statements of the Government, in order to establish a pension plans sinking fund to provide for the payment of some or all of the benefits under the pension plans. Any benefit payment affecting that account may be reimbursed to the Consolidated Revenue Fund out of the sinking fund.

The Caisse de dépôt et placement du Québec shall administer deposits under the first paragraph in accordance with the investment policy determined by the Minister.

2000, c. 15, s. 8.

9. All charges, expenses and costs attributable to the management of the fund and the collection of money paid into the fund constitute a permanent charge against the consolidated revenue fund.

2000, c. 15, s. 9.

10. All loans and other debts contracted by the Government through the issue of bonds, debt securities or otherwise, the interest and charges, expenses and other costs relating to such bonds, loans or debts and the sinking funds established to repay them also constitute a charge against the Consolidated Revenue Fund.

2000, c. 15, s. 10; 2001, c. 75, s. 3.

11. Money collected and received by departments and budget-funded bodies is paid to the credit of the Minister and deposited with the financial institutions designated by the Minister, in accordance with the rules established by the Conseil du trésor.

2000, c. 15, s. 11.

12. Every person who collects or receives money for or on behalf of a department or budget-funded body must, until the money is remitted to the Minister, deposit it with a financial institution designated by the Minister, in accordance with the rules established by the Conseil du trésor.

2000, c. 15, s. 12.

13. Money paid into the Consolidated Revenue Fund over which Parliament does not have the power of appropriation must be returned to the person having a right to that money, in accordance with the rules established by the Conseil du trésor.

2000, c. 15, s. 13.

14. Each minister and chief executive officer of a budget-funded body shall keep a record of money collected and received and of financial claims administered and shall make the proper entries in the government accounting system, in accordance with the rules established by the Conseil du trésor.

2000, c. 15, s. 14.

15. The Minister may invest money from the consolidated revenue fund or from a sinking fund entrusted by law to the management of the Minister, and may dispose of or terminate such investments according to their terms.

2000, c. 15, s. 15.

16. The Minister may, where the Minister deems it advisable for the sound and efficient management of the consolidated revenue fund, the public debt, including the pension plans account, and the sinking funds entrusted by law to the management of the Minister, acquire, hold, invest in or make

(1)  currency exchange or interest rate exchange agreements;

(2)  futures contracts;

(3)  purchase contracts or contracts for the purchase or sale of options;

(4)  contracts for the short sale of investments, financial contracts and instruments that the Minister is authorized to acquire, hold, invest in or make under section 15 or this section; or

(5)  any other financial instrument or contract determined by the Minister.

The Minister may assume any obligation related to a transaction effected pursuant to the first paragraph.

The Minister may effect a transaction referred to in the first paragraph with any special fund.

The Minister may dispose of or terminate such instruments, contracts and agreements, according to their terms.

2000, c. 15, s. 16.

17. The transactions referred to in sections 15 and 16 and the related documents may be concluded and signed by any person and by any means authorized for that purpose by the Minister.

2000, c. 15, s. 17; 2001, c. 75, s. 4.

18. The charges, expenses and other costs relating to a transaction effected under section 15 or 16 are management charges, expenses and costs attributable to the management of the consolidated revenue fund within the meaning of section 9, with the exception of those relating to a sinking fund that are payable out of that fund.

2000, c. 15, s. 18.

19. A transaction effected under section 16 is valid, and its validity cannot be contested if it was effected in accordance with section 17, except where the cause of invalidity is set out in the terms of the transaction.

Payments arising from such a transaction are also valid, and their validity cannot be contested, except to the extent provided for in the first paragraph.

The same applies to documents related to the transactions.

2000, c. 15, s. 19; 2001, c. 75, s. 5.

CHAPTER III FINANCIAL COMMITMENTS AND PAYMENTS

2000, c. 15, s. 20.

20. Ministers and chief executive officers of budget-funded bodies are responsible for the financial resources allocated to them and accountable for the financial commitments they make, for the expenditures and capital costs arising from those commitments, and for the payment thereof.

2000, c. 15, s. 20.

21. No financial commitment may be made or is valid unless there is a sufficient balance available out of an appropriation against which the expenditure arising from the commitment may be charged in the fiscal year during which the commitment is made.

The performance of obligations arising from a financial commitment in a fiscal year subsequent to the year in which the commitment is made is subject to there being a sufficient balance available out of an appropriation against which the expenditures arising from the performance of the obligations may be charged.

These provisions also apply to a financial commitment relating to a capital expenditure and the charging thereof against an appropriation.

2000, c. 15, s. 21.

22. Section 21 does not apply to borrowings made under this Act, or where it is provided by law that an expenditure or cost is to be charged against or an obligation is to be discharged out of the Consolidated Revenue Fund.

Section 21 does not apply to the payment of charges, expenses and costs that constitute a charge against the Consolidated Revenue Fund.

2000, c. 15, s. 22.

23. Expenditures and costs arising from financial commitments pertaining to the remuneration, employee benefits and other conditions of employment of public servants shall be charged against the appropriations granted by Parliament or, where applicable, in accordance with the Act constituting the body concerned.

2000, c. 15, s. 23.

24. Ministers and chief executive officers of budget-funded bodies shall keep a record of financial commitments and of the expenditures and costs chargeable against each appropriation, in accordance with the prescribed division into allotments. They shall make the proper entries in the government accounting system in accordance with the rules established by the Conseil du trésor.

2000, c. 15, s. 24.

25. The amount by which an expenditure recorded in the accounts for a given fiscal year exceeds the appropriation for that year shall be charged against the appropriation granted for the same purpose by Parliament for the following fiscal year.

The same applies to excess capital costs.

2000, c. 15, s. 25.

26. Every payment out of the consolidated revenue fund shall be made by means of a cheque signed by the Minister, the Deputy Minister or any member of the personnel of the Ministère des Finances authorized for that purpose by the Minister.

The Minister may allow the use of another means of payment, on the conditions determined by the Minister.

2000, c. 15, s. 26.

27. No payment out of the consolidated revenue fund may be made except on the requisition of a minister, a deputy minister, a chief executive officer, or a member of the personnel of or a holder of a position within the department or body concerned who has been authorized for that purpose. The requisition must be made in the form prescribed by the Conseil du trésor and be submitted with the documents determined by the Conseil du trésor.

2000, c. 15, s. 27.

28. No requisition for payment may be made unless the person making the requisition certifies that there is legislative authority for making the payment and that

(1)  the amount claimed is a lawful charge against an appropriation;

(2)  the amount claimed is due for the discharge of an obligation that has been validly assumed or in return for the performance of an obligation that has been performed in accordance with the conditions attached to it; and

(3)  the requisition for payment and the applicable terms and conditions are consistent with the rules established by the Conseil du trésor.

2000, c. 15, s. 28.

29. The Minister may, in the cases and on the conditions determined by the Minister, delegate the power to issue an instruction for payment out of the Consolidated Revenue Fund to another minister, a deputy minister, a chief executive officer or any other person designated by the Minister.

The Minister may, on the conditions determined by the Minister, allow a signature to be affixed on the negotiable instruments determined by the Minister by a person authorized by a financial institution with which the Minister does business.

2000, c. 15, s. 29.

30. The Minister may refuse to issue an instruction for payment. In such a case, the Minister shall advise the person who made the requisition without delay of the reasons for the refusal.

The person who made the requisition may request that the Conseil du trésor, after consulting the Minister, rule on the refusal. The Minister shall, where warranted, issue the instruction for payment.

2000, c. 15, s. 30.

31. The Minister may order that all or part of a payment be suspended for the time fixed by the Minister. The decision must be notified to the minister or chief executive officer concerned and to the Conseil du trésor.

2000, c. 15, s. 31.

32. Sections 30 and 31 do not apply to transactions or borrowings made under this Act or where it is provided by law that the sums necessary for the payment of an expenditure, expense or cost or for the performance of an obligation are to be taken out of the Consolidated Revenue Fund.

Nor do those sections apply to charges, expenses and costs that constitute a charge against the Consolidated Revenue Fund.

2000, c. 15, s. 32.

Not in force CHAPTER IV Not in force GOVERNMENTAL COMPENSATION

2000, c. 15, s. 33.

Not in force

33. Any payment to be made by or on behalf of a body determined by the Minister and referred to in the second paragraph of section 36 to a person who is indebted to a department or body referred to in the first paragraph of section 36 is subject to governmental compensation.

This section applies notwithstanding section 33 of the Tax Administration Act (chapter A-6.002).

2000, c. 15, s. 33; 2010, c. 31, s. 175.

Not in force

34. The Minister, in accordance with the rules prescribed by the Minister, shall advise the body which is to make the payment of the amount in respect of which governmental compensation is to be applied and direct the body to forward such amount to the Minister for payment into the Consolidated Revenue Fund. The Minister shall also advise the person entitled to the payment of the compensation to be applied.

2000, c. 15, s. 34; 2011, c. 18, s. 22.

Not in force

35. Compensation shall not be applied, or shall be suspended, in respect of the payments and debts determined by the Government.

2000, c. 15, s. 35.

Not in force

36. A minister or chief executive officer of a budget-funded body must provide the Minister, on request, with any information necessary for the purposes of section 33.

A body referred to in section 31.1.4 of the Tax Administration Act (chapter A-6.002) must provide to the Minister, on request, any information relating to payments referred to in section 33 to be made by the body.

2000, c. 15, s. 36; 2010, c. 31, s. 175.

Not in force

37. The information referred to in section 36 may be provided by the transfer of information files to be compared, coupled or cross-matched with any other file held by the Minister.

Any transfer of an information file under the first paragraph must be authorized by the Minister. The Minister shall record the name of the department or body having transferred a file in accordance with the first paragraph. Any person who applies therefor shall be given access to such record.

2000, c. 15, s. 37.

Not in force

38. The Minister shall prescribe the information transfer procedure and the form of cross-matching codes.

2000, c. 15, s. 38.

Not in force

39. The minister or chief executive officer concerned shall advise the debtor of the existence and nature of the claim against the debtor, of the time allotted for payment and of the cross-matching code which will be used in the application of governmental compensation.

2000, c. 15, s. 39.

Not in force

40. Compensation shall not be applied before the claim and the payment have been cross-matched by means of the cross-matching code and at least one other piece of information obtained by the Minister.

2000, c. 15, s. 40.

Not in force

41. The Minister may not communicate information provided in accordance with section 36 to anyone other than the Minister of Revenue for the purposes of the powers conferred by Division IV of Chapter III of the Tax Administration Act (chapter A-6.002), except with the authorization of the person to whom the information relates or of the person authorized by law to give such authorization on behalf of that person.

2000, c. 15, s. 41; 2010, c. 31, s. 175.

Not in force

42. For the purposes of this chapter, the Minister shall establish a management procedure framework for the exchange of information. The framework shall specify, among other things, the departments and bodies concerned, the purpose of the exchange of information, the information transfer techniques and means to be employed, the information involved and the confidentiality safeguards and security measures to be applied.

The framework shall be submitted to the Commission d’accès à l’information, which shall give its opinion within 30 days. The framework, once approved by the Government, shall apply to all departments and bodies named therein.

The framework, the opinion of the Commission and the instrument evidencing the approval of the Government shall be tabled in the National Assembly within 30 days of the date of approval or, if the Assembly is not in session, within 30 days of resumption.

The framework shall be published in the Gazette officielle du Québec within 30 days of its tabling in the National Assembly.

2000, c. 15, s. 42.

Not in force

43. Sections 36 and 38 shall prevail over any provision of a special Act.

2000, c. 15, s. 43.

Not in force

44. Section 36 applies notwithstanding sections 68, 68.1 and 70 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1).

2000, c. 15, s. 44.

Not in force

45. The Minister may, in writing and to the extent specified, delegate to a minister, a chief executive officer or any other person the exercise of the Minister’s functions under this chapter.

2000, c. 15, s. 45.

CHAPTER V SPECIAL FUNDS

2000, c. 15, s. 46.

46. The Government may, on the recommendation of the chair of the Conseil du trésor and of the Minister, establish special funds for the financing of activities relating to the sale of goods or services and for the financing of information technologies used in a department or budget-funded body.

A special fund may not, however, be established by the Government where the goods or services in question are offered to the departments or bodies on an exclusive basis or where the latter alone offer the goods or services in question.

2000, c. 15, s. 46.

47. An order in council under section 46 may have effect from the beginning of the fiscal year during which it is made.

2000, c. 15, s. 47.

48. The Government shall determine the name of each special fund, the date of the beginning of its activities and its assets and liabilities. It shall also determine the nature of the goods, services and assets financed by the special fund and the nature of the costs chargeable to it. The Government shall designate the minister responsible for the special fund.

The manner in which the special fund is to be managed shall be determined by the Conseil du trésor.

2000, c. 15, s. 48.

49. A special fund shall be made up of the following, exclusive of the interest earned:

(1)  the money collected from the sale of goods or services financed by the special fund;

(2)  the money paid into it by the minister responsible for the special fund out of the appropriations granted for that purpose by Parliament;

(3)  gifts, legacies and other contributions paid into it to further the achievement of the objects of the special fund; and

(4)  the money paid into it by the Minister pursuant to the first paragraph of section 51 and the first paragraph of section 52.

2000, c. 15, s. 49.

50. The management of the money making up a special fund is entrusted to the Minister. The money shall be paid to the order of the Minister and deposited with the financial institutions designated by the Minister.

The minister responsible for the special fund shall keep the books of account of the special fund and record the financial commitments chargeable to it. The minister shall also ensure that such commitments and the payments arising therefrom do not exceed and are consistent with the available balances.

2000, c. 15, s. 50.

51. The minister responsible for a special fund may, as the manager of the special fund, borrow from the Minister out of the financing fund established under the Act respecting the Ministère des Finances (chapter M‐24.01).

Any amount paid into a special fund pursuant to such a loan shall be repayable out of the special fund.

2000, c. 15, s. 51.

52. The Minister may, with the authorization of the Government and on the conditions it determines, make advances to a special fund out of the consolidated revenue fund.

The Minister may, conversely, make advances to the consolidated revenue fund, on a short-term basis and on the conditions the Minister determines, out of any money paid into a special fund that is not required for its operation.

Any advance made to a fund shall be repayable out of that fund.

2000, c. 15, s. 52.

53. The remuneration and expenses pertaining to the employee benefits and other conditions of employment of the persons assigned, in accordance with the Public Service Act (chapter F‐3.1.1), to activities related to a special fund shall be paid out of the special fund.

2000, c. 15, s. 53.

54. The surpluses accumulated by a special fund shall be paid into the consolidated revenue fund on the date and to the extent determined by the Government.

2000, c. 15, s. 54.

55. The provisions of sections 20, 21 and 26 to 28, Chapters IV and VI and sections 89 and 90 apply to a special fund, with the necessary modifications.

2000, c. 15, s. 55.

56. The fiscal year of a special fund ends on 31 March.

2000, c. 15, s. 56.

57. Notwithstanding any provision to the contrary, the Minister shall, in the event of a deficiency in the consolidated revenue fund, pay out of the special funds any amount required for the execution of a judgment against the State that has become res judicata.

2000, c. 15, s. 57.

Not in force CHAPTER VI Not in force FINANCIAL CONTRACTS

2000, c. 15, s. 58.

Not in force

58. The Government may, by regulation and on the recommendation of the Minister,

(1)  determine the terms of banking and financial services contracts made in the name of the Government by a minister or by a government body;

(2)  determine the cases in which such contracts are subject to authorization by the Government or the Minister.

The terms of a contract and the cases in which the contract is subject to authorization may vary in respect of all contracts, certain categories of contracts or certain contracts made by a minister or body designated in the regulation.

2000, c. 15, s. 58.

Not in force

59. A minister or a body, with the authorization of the Government upon the recommendation of the Minister, in the case of a contract that cannot be concluded without authorization by the Government, or with the authorization of the Minister in any other case, may enter into a contract whose terms differ from those applicable to it pursuant to a regulation made under section 58. The Government or the Minister, as the case may be, may determine the terms applicable to the contract.

2000, c. 15, s. 59.

Not in force

60. The powers conferred on the Government or the Minister by section 59 shall be exercised, with respect to persons designated by the National Assembly to exercise a function under the authority of the Assembly and with respect to the Commission de la représentation, by the Office of the National Assembly.

2000, c. 15, s. 60.

CHAPTER VII PUBLIC DEBT

2000, c. 15, s. 61.

DIVISION I BORROWINGS

2000, c. 15, s. 61.

61. Borrowings shall be effected by the Minister with the authorization of the Government.

2000, c. 15, s. 61.

62. The Government shall determine such amounts, characteristics, terms and conditions as it considers necessary with respect to borrowings effected pursuant to this division.

2000, c. 15, s. 62.

63. Borrowings may also be effected under a borrowing plan authorized by the Government; the maximum amount of the borrowings effected under the plan and such characteristics and limits as are deemed necessary by the Government in relation to such borrowings shall be established by the Government.

The Government may authorize the Minister generally to effect any borrowing under the plan, to establish the amounts and other characteristics thereof, and to agree to the applicable terms and conditions, including those relating to the currency of payment and the registration of the securities.

2000, c. 15, s. 63.

64. The Government may authorize the Minister to withdraw from the consolidated revenue fund any money up to the amount required to create an adequate sinking fund to provide for the repayment of any borrowing effected under this division.

Whenever a borrowing for which a sinking fund has been created is redeemed before maturity or renewed or paid off at maturity, the Government may authorize the Minister to transfer such sinking fund or any part thereof and apply it to another borrowing effected or to be effected, in whole or in part, for the purpose of redeeming before maturity or renewing or paying off at maturity the borrowing for which such sinking fund was created, or funding any temporary borrowings effected for the purpose of such redemption, renewal or payment, or funding any renewal of such temporary loans.

The management of the money making up such sinking funds and the revenues derived therefrom shall be entrusted to the Minister.

2000, c. 15, s. 64.

65. Section 17 applies to borrowings referred to in this division and to documents related to the borrowings.

2000, c. 15, s. 65; 2001, c. 75, s. 6.

66. The Government may provide for registration as to both principal and interest, in such manner and upon such terms and conditions as it determines, of bonds or other debt securities issued for borrowing purposes.

2000, c. 15, s. 66.

67. The Government may make regulations providing for

(1)  the transfer, transmission, exchange, purchase by agreement or redemption of any bond or other debt security;

(2)  the replacement of bonds or other debt securities which have been damaged, lost, stolen or destroyed, the payment of interest or capital to their holders or the guarantees they must furnish;

(3)  the correction of errors in the registration of bonds or other debt securities; and

(4)  the examination and cancellation procedure for bonds and other debt securities issued by Québec that are redeemed before maturity.

2000, c. 15, s. 67.

68. The Government may modify any part of the public debt by replacing any bonds or other debt securities by any other bonds or debt securities.

The first paragraph shall not be construed as allowing a bond or other debt security to be replaced unless the right to do so has been stipulated or the consent of the holder of the bond or security or of the creditor has been obtained.

2000, c. 15, s. 68.

69. Where bonds or other debt securities are redeemed before maturity or purchased by agreement, the Minister may maintain them in force in order to reissue them, provided that the characteristics, terms and conditions of the issue do not expressly provide otherwise. The Minister may then reissue the bonds or other debt securities, either by reissuing the same bonds or debt securities or by issuing other bonds or debt securities in their place; with regard to the new issue, the person holding rights in the bonds or other debt securities has the same rights and privileges as if the bonds or other debt securities had not been previously issued.

The reissue of a bond or other debt security, or the issue of another bond or debt security in its place, shall not be considered as the issue of a new bond or new debt security for the purposes of any provision of an order in council limiting the amount or the number of bonds or other debt securities to be issued.

2000, c. 15, s. 69.

DIVISION II SAVINGS PRODUCTS

70. The Government may authorize the issue and sale of savings products under a borrowing plan the maximum amount, characteristics and limits of which shall be established by the Government to the extent it deems necessary.

The borrowing plan may provide that the issue, sale and management of a savings product are to be effected by means of a book based system.

The borrowing plan may also provide for the sale of fixed-term annuities.

2000, c. 15, s. 70.

71. The Minister shall determine the amounts and characteristics of and the other terms and conditions applicable to each issue and sale of savings products under a borrowing plan established in accordance with this division.

2000, c. 15, s. 71.

72. The Minister may effect any transaction under a borrowing plan established in accordance with this division. The Minister may also, if so authorized by the borrowing plan, enter into contracts for the payment of fixed-term annuities. The funds earmarked for the payment of an annuity shall be regarded as the principal of a loan.

Such funds are exempt from seizure in the hands of the Minister as though they were fixed-term annuities transacted by insurers, provided that a beneficiary in the event of death is designated in the manner set out in the provisions of the Civil Code concerning insurance.

2000, c. 15, s. 72.

73. For the purposes of this division, the Government may, by regulation,

(1)  define the book based system and determine its mode of operation and characteristics as well as ownership and evidentiary rules concerning entries made in the system;

(2)  determine conditions for participation and classes of qualifying clients and purchasers;

(3)  determine the terms and conditions of assignment, transfer and payment of securities;

(4)  determine prohibitions or restrictions concerning the assignment of and the right to dispose of securities;

(5)  determine prohibitions or restrictions concerning the granting of movable hypothecs on securities and determine terms and conditions for the granting of such hypothecs as well as conditions for the exercise of related rights or remedies; and

(6)  determine administration fees and other fees payable by clients of the book based system and by purchasers of savings products and fixed-term annuities.

2000, c. 15, s. 73.

74. A regulation under section 73 may specify which of its provisions may be made applicable, by decision of the Minister, to the different savings products authorized and issued under this division.

2000, c. 15, s. 74.

75. The information to be furnished by clients of the book based system shall be determined by the Minister and requested in the forms prescribed by the Minister.

2000, c. 15, s. 75.

76. Sections 63 to 67 apply to any borrowing effected under this division, with the necessary modifications.

2000, c. 15, s. 76.

CHAPTER VIII BORROWING PLANS AND FINANCIAL INSTRUMENTS AND CONTRACTS

2000, c. 15, s. 77.

77. For the purposes of this chapter,

(1)  “financial instrument or contract” means any financial instrument or contract whose object is the management of financial risks, in particular currency exchange agreements, interest rate exchange agreements, contracts for the purchase or sale of options and futures contracts;

(2)  “body” means

(a)  a body referred to in any of subparagraphs 1 to 5 of the first paragraph of section 24 of the Act respecting the Ministère des Finances (chapter M‐24.01);

(b)  a government agency or government enterprise referred to in section 4 or paragraph 1 of section 5 of the Auditor General Act (chapter V‐5.01); or

(c)  joint stock companies all the voting shares of which form part of the domain of the State.

2000, c. 15, s. 77.

78. Bodies which have the power to borrow may, within the scope of a borrowing plan established by the body which sets the maximum amount and characteristics of borrowings and the applicable limits, and with the authorizations or approvals required by law for the exercise of their power to borrow, conclude without further authorization or approval any borrowing transaction under the borrowing plan and establish the amounts and other characteristics of, and fix or accept the terms and conditions relating to, each such transaction.

2000, c. 15, s. 78.

79. Bodies which have the power to borrow may, with the authorizations and approvals required by law for the exercise of that power, conclude currency exchange agreements or interest rate exchange agreements, or terminate such agreements according to their terms.

This section does not apply to a body in respect of an agreement referred to in this section, insofar as the body is expressly empowered to conclude such an agreement by law or by the Act constituting the body.

2000, c. 15, s. 79.

80. In addition to the powers granted to them by section 79, bodies which have the power to borrow may, with the authorizations and approvals required by law for the exercise of that power, and if they deem it advisable for sound and efficient financial management, acquire, hold, invest in, conclude, dispose of or terminate, according to their terms, such financial instruments or contracts as the Government may determine for one or more bodies or for a category of bodies.

This section does not apply to a body in respect of a financial instrument or contract, insofar as the power to acquire, hold, invest in or conclude such an instrument or contract is expressly provided by law or by the Act constituting the body.

2000, c. 15, s. 80.

81. Transactions carried out within the framework of a program established by a body and approved by the Government are not subject to the authorizations and approvals referred to in the first paragraph of sections 79 and 80 where the program establishes the principal mandatory characteristics of the transactions and limits the financial commitments which may arise from them.

2000, c. 15, s. 81.

82. The Government may, in respect of those financial instruments and contracts which it determines and in respect of currency or interest rate exchange agreements, exempt one or more bodies or a category of bodies, conditionally or unconditionally, from the obligation to obtain the authorizations and approvals required by the first paragraph of sections 79 and 80.

2000, c. 15, s. 82.

83. A body may, notwithstanding any provision of any other Act applicable to it, determine, within the scope of a borrowing plan referred to in section 78 or of a program referred to in section 81, that the power to borrow or to effect transactions under sections 79 and 80, or the power to approve the terms and conditions thereof, may be exercised by two or more of its officers authorized by the body for that purpose.

2000, c. 15, s. 83.

CHAPTER IX PUBLIC ACCOUNTS AND OTHER FINANCIAL REPORTS

2000, c. 15, s. 84.

84. The fiscal year of the Government shall begin on 1 April in one year and end on 31 March in the next year.

2000, c. 15, s. 84.

85. The public accounts shall be prepared for each fiscal year by the comptroller of finance on behalf of the Minister in the form determined by the Minister.

2000, c. 15, s. 85.

86. The public accounts shall comprise

(1)  the consolidated financial statements of the Government;

(2)  information on the revenues, expenditures and other costs of government departments and budget-funded bodies;

(3)  a statement of the statutory and annual appropriations and of the special warrants for the fiscal year, and of the expenditures and other costs charged against each appropriation or special warrant;

(4)  a report of the excess of the expenditures and other costs of the departments and budget-funded bodies entered in the accounts for a fiscal year over the appropriations for the same year; and

(5)  any other information needed to account for the financial position of the Government.

2000, c. 15, s. 86.

87. The Minister shall table the public accounts in the National Assembly not later than 31 December following the close of the fiscal year or, if the National Assembly is not in session, not later than the fifteenth day after resumption.

2000, c. 15, s. 87.

88. The Minister shall prepare the other financial reports of the Government in the form, with the content and at the intervals determined by the Minister.

2000, c. 15, s. 88.

89. The minister responsible for a body other than a budget-funded body or for a government enterprise shall forward, to the comptroller of finance, in the form, with the content and at the intervals determined by the Minister, the financial information needed to prepare the public accounts and the other financial reports of the Government.

This section also applies to the chief executive officer of a public body and to the chief executive officer of a government agency or a government enterprise referred to in any of sections 3 to 5 of the Auditor General Act (chapter V‐5.01) as regards financial information relating to property held in trust that is administered by the chief executive officer.

2000, c. 15, s. 89.

90. The minister shall also forward to the Minister, where so required by the Minister, the operating budget, capital budget and financing budget, as approved, of each body other than a budget-funded body or government enterprise for which the minister is responsible.

Any amendment made to such a budget in the course of a fiscal year that may affect the Government’s financial forecasts must be forwarded immediately to the Minister.

2000, c. 15, s. 90.

91. The accumulated surplus of a body other than a budget-funded body shall be paid into the Consolidated Revenue Fund on the dates and to the extent determined by the Government on the recommendation of the Minister.

The same applies to the dividends payable by a government enterprise where it is provided by law that the dividends are determined by the Government.

2000, c. 15, s. 91.

92. The comptroller of finance shall prepare a statement of any report and special warrant issued pursuant to section 51 of the Public Administration Act (chapter A‐6.01) and the corresponding expenditures and other costs.

The statement shall be tabled in the National Assembly by the minister who reported the urgency of the situation not later than the third day after resumption.

2000, c. 15, s. 92.

CHAPTER X AMENDING PROVISIONS

2000, c. 15, s. 93.

93. (Amendment integrated into c. A-13.2, s. 14).

2000, c. 15, s. 93.

94. (Amendment integrated into c. A-13.2, s. 19).

2000, c. 15, s. 94.

95. (Omitted).

2000, c. 15, s. 95.

96. (Amendment integrated into c. A-30, ss. 71.2, 71.3).

2000, c. 15, s. 96.

97. (Amendment integrated into c. A-31, ss. 10.3, 10.4).

2000, c. 15, s. 97.

98. (Amendment integrated into c. C-81, s. 26.9).

2000, c. 15, s. 98.

99. (Inoperative, 1999, c. 30, s. 15).

2000, c. 15, s. 99.

100. (Amendment integrated into c. E-3.3, s. 488.3).

2000, c. 15, s. 100.

101. (Amendment integrated into c. E-4.01, s. 15).

2000, c. 15, s. 101.

102. (Amendment integrated into c. F-3.2.0.3, s. 4).

2000, c. 15, s. 102.

103. (Amendment integrated into c. F-3.2.0.3, s. 8).

2000, c. 15, s. 103.

104. (Amendment integrated into c. F-4.01, s. 12).

2000, c. 15, s. 104.

105. (Amendment integrated into c. F-4.01, s. 16).

2000, c. 15, s. 105.

106. (Amendment integrated into c. F-4.1, s. 170.5).

2000, c. 15, s. 106.

107. (Amendment integrated into c. F-4.1, s. 170.9).

2000, c. 15, s. 107.

108. (Amendment integrated into c. M-14, s. 21.4).

2000, c. 15, s. 108.

109. (Amendment integrated into c. M-14, s. 21.10).

2000, c. 15, s. 109.

110. (Amendment integrated into c. M-15, s. 13.4).

2000, c. 15, s. 110.

111. (Amendment integrated into c. M-15, s. 13.8).

2000, c. 15, s. 111.

112. (Amendment integrated into c. M-15.001, s. 61).

2000, c. 15, s. 112.

113. (Amendment integrated into c. M-15.001, s. 66).

2000, c. 15, s. 113.

114. (Amendment integrated into c. M-17, s. 17.4).

2000, c. 15, s. 114.

115. (Amendment integrated into c. M-17, s. 17.10).

2000, c. 15, s. 115.

116. (Amendment integrated into c. M-19, s. 32.4).

2000, c. 15, s. 116.

117. (Amendment integrated into c. M-19, s. 32.9).

2000, c. 15, s. 117.

118. (Amendment integrated into c. M-19.3, s. 14.4).

2000, c. 15, s. 118.

119. (Amendment integrated into c. M-19.3, s. 14.9).

2000, c. 15, s. 119.

120. (Amendment integrated into c. M-25.001, s. 27).

2000, c. 15, s. 120.

121. (Amendment integrated into c. M-25.001, s. 32).

2000, c. 15, s. 121.

122. (Amendment integrated into c. M-25.01, s. 20).

2000, c. 15, s. 122.

123. (Amendment integrated into c. M-25.01, s. 25).

2000, c. 15, s. 123.

124. (Amendment integrated into c. M-25.1.1, s. 35.4).

2000, c. 15, s. 124.

125. (Amendment integrated into c. M-25.1.1, s. 35.8).

2000, c. 15, s. 125.

126. (Amendment integrated into c. M-25.2, s. 17.5).

2000, c. 15, s. 126.

127. (Amendment integrated into c. M-25.2, s. 17.8).

2000, c. 15, s. 127.

128. (Amendment integrated into c. M-28, s. 12.25).

2000, c. 15, s. 128.

129. (Amendment integrated into c. M-28, s. 12.27).

2000, c. 15, s. 129.

130. (Amendment integrated into c. M-28, s. 12.33).

2000, c. 15, s. 130.

131. (Amendment integrated into c. M-28, s. 12.37).

2000, c. 15, s. 131.

132. (Amendment integrated into c. M-30, s. 3.34).

2000, c. 15, s. 132.

133. (Amendment integrated into c. M-30, s. 3.38).

2000, c. 15, s. 133.

134. (Amendment integrated into c. M-31, s. 31.1.3).

2000, c. 15, s. 134.

135. (Amendment integrated into c. M-31, s. 69.1).

2000, c. 15, s. 135.

136. (Amendment integrated into c. M-31, s. 97.4).

2000, c. 15, s. 136.

137. (Amendment integrated into c. M-31, s. 97.9).

2000, c. 15, s. 137.

138. (Amendment integrated into c. N-1.1, s. 6.2).

2000, c. 15, s. 138.

139. (Amendment integrated into c. P-2.2, s. 43).

2000, c. 15, s. 139.

140. (Amendment integrated into c. P-2.2, s. 44).

2000, c. 15, s. 140.

141. (Amendment integrated into c. P-32, s. 35.3).

2000, c. 15, s. 141.

142. (Amendment integrated into c. R-3.1, s. 2.1).

2000, c. 15, s. 142.

143. (Amendment integrated into c. S-6.1, s. 15).

2000, c. 15, s. 143.

144. (Amendment integrated into c. S-6.1, s. 19).

2000, c. 15, s. 144.

145. (Amendment integrated into c. S-6.1, s. 21.2).

2000, c. 15, s. 145.

146. (Amendment integrated into c. T-16, s. 246.37).

2000, c. 15, s. 146.

147. (Amendment integrated into c. V-5.01, s. 37).

2000, c. 15, s. 147.

148. (Omitted).

2000, c. 15, s. 148.

149. (Amendment integrated into c. V-5.01, s. 66.1).

2000, c. 15, s. 149.

150. (Omitted).

2000, c. 15, s. 150.

151. (Omitted).

2000, c. 15, s. 151.

152. (Omitted).

2000, c. 15, s. 152.

153. (Omitted).

2000, c. 15, s. 153.

154. (Omitted).

2000, c. 15, s. 154.

155. (Omitted).

2000, c. 15, s. 155.

156. (Omitted).

2000, c. 15, s. 156.

157. (Amendment integrated into c. M-24.01, s. 36).

2000, c. 15, s. 157.

158. (Amendment integrated into c. C-8.3, s. 40).

2000, c. 15, s. 158.

159. (Amendment integrated into c. C-8.3, s. 41).

2000, c. 15, s. 159.

160. (Amendment integrated into c. C-8.3, s. 46).

2000, c. 15, s. 160.

161. (Amendment integrated into c. F-4.001, s. 4).

2000, c. 15, s. 161.

162. (Amendment integrated into c. F-4.001, s. 8).

2000, c. 15, s. 162.

CHAPTER XI TRANSITIONAL AND FINAL PROVISIONS

2000, c. 15, s. 163.

163. Unless otherwise indicated by the context, a reference in any text or document, regardless of its form or medium, to the Financial Administration Act (chapter A‐6) is a reference to this Act.

2000, c. 15, s. 163.

164. Orders in council under sections 36.1 and 64 of the Financial Administration Act (chapter A‐6) shall remain in force until they are replaced pursuant to this Act.

2000, c. 15, s. 164; 2001, c. 75, s. 7.

165. The financing fund established by section 24 of the Act respecting the Ministère des Finances (chapter M‐24.01) shall continue the financing fund established by section 69.1 of the Financial Administration Act (chapter A‐6).

2000, c. 15, s. 165.

166. (Omitted).

2000, c. 15, s. 166.

167. The Minister of Finance is responsible for the administration of this Act.

2000, c. 15, s. 167.

168. (Omitted).

2000, c. 15, s. 168.

SCHEDULE 1

BUDGET-FUNDED BODIES

Agence d’évaluation des technologies et des modes d’intervention en santé

Bureau d’audiences publiques sur l’environnement

Comité de déontologie policière

Comité de la rémunération des juges de la Cour du Québec et des cours municipales

Commission consultative de l’enseignement privé

Commission d’accès à l’information

Commission de la fonction publique

Commission de l’équité salariale

Commission de protection du territoire agricole du Québec

Commission de toponymie

Commission des biens culturels du Québec

Commission des droits de la personne et des droits de la jeunesse

Commission des partenaires du marché du travail

Commission des transports du Québec

Commission d’évaluation de l’enseignement collégial

Commission municipale du Québec

Commission québécoise des libérations conditionnelles

Conseil consultatif du travail et de la main-d’oeuvre

Conseil de la famille et de l’enfance

Conseil de la justice administrative

Conseil de la magistrature

Conseil de la santé et du bien-être

Conseil de la science et de la technologie

Conseil des aînés

Conseil des relations interculturelles

Conseil des services essentiels

Conseil du statut de la femme

Conseil médical du Québec

Conseil permanent de la jeunesse

Conseil supérieur de la langue française

Conseil supérieur de l’éducation

Coroners office

Enterprise registrar

Health and Social Services Ombudsman

Human Rights Tribunal

Office de la protection du consommateur

Office des personnes handicapées du Québec

Office québécois de la langue française

Police Ethics Commissioner

Public Curator

Régie des alcools, des courses et des jeux

Régie des marchés agricoles et alimentaires du Québec

Régie du logement

2000, c. 15, Schedule 1; 2002, c. 28, s. 35; O.C. 1081-2003, (2003) 135 G.O. 2, 3227; 2002, c. 45, s. 162; 2004, c. 11, s. 61; 2005, c. 22, s. 48.

SCHEDULE 2

BODIES OTHER THAN BUDGET-FUNDED BODIES

Administrative Tribunal of Québec

Agence de l’efficacité énergétique

Agence des partenariats public-privé du Québec

Agence métropolitaine de transport

Autorité des marchés financiers

Bibliothèque et Archives nationales du Québec

Bureau d’accréditation des pêcheurs et des aides-pêcheurs du Québec

Bureau de décision et de révision en valeurs mobilières

Centre de recherche industrielle du Québec

Centre de services partagés du Québec

Commission de la capitale nationale du Québec

Commission de reconnaissance des associations d’artistes et des associations de producteurs

Commission des lésions professionnelles

Commission des normes du travail

Commission des relations du travail

Commission des services juridiques

Conseil de gestion de l’assurance parentale, in the exercise of its non-fiduciary functions

Conseil des arts et des lettres du Québec

Construction Industry Commissionner

Corporation d’urgences-santé

École nationale de police du Québec

École nationale des pompiers du Québec

Fondation de la faune du Québec

Fonds d’aide aux recours collectifs

Fonds d’assurance-prêts agricoles et forestiers

Fonds de la recherche en santé du Québec

Fonds québécois de la recherche sur la nature et les technologies

Fonds québécois de la recherche sur la société et la culture

Héma-Québec

Institut de la statistique du Québec

Institut de tourisme et d’hôtellerie du Québec

Institut national de santé publique du Québec

Investissement Québec

La Financière agricole du Québec

Musée d’art contemporain de Montréal

Musée de la civilisation

Musée national des beaux-arts du Québec

Observatoire québécois de la mondialisation

Office de la sécurité du revenu des chasseurs et piégeurs cris

Office des professions du Québec

Office Québec-Amériques pour la jeunesse

Régie de l’assurance maladie du Québec

Régie de l’énergie

Régie des installations olympiques

Régie du bâtiment du Québec

Régie du cinéma

Services Québec

Société d’habitation du Québec

Société de développement des entreprises culturelles

Société de financement des infrastructures locales du Québec

Société de la Place des Arts de Montréal

Société de télédiffusion du Québec

Société des traversiers du Québec

Société du Centre des congrès de Québec

Société du Grand Théâtre de Québec

Société du Palais des congrès de Montréal

Société du parc industriel et portuaire de Bécancour

Société immobilière du Québec

Société nationale de l’amiante

Société québécoise d’assainissement des eaux

Société québécoise de récupération et de recyclage

Société québécoise d’information juridique

2000, c. 15, Schedule 2; 2000, c. 12, s. 340; 2000, c. 62, s. 4; 2001, c. 28, s. 16; 2001, c. 11, s. 21; 2002, c. 64, s. 19; 2002, c. 69, s. 120; 2002, c. 41, s. 32; O.C. 1081-2003, (2003) 135 G.O. 2, 3227; 2002, c. 45, s. 163; 2004, c. 35, s. 39; 2004, c. 37, s. 40; 2004, c. 40, s. 16; 2004, c. 32, s. 53; 2004, c. 30, s. 50; 2005, c. 13, s. 78; 2005, c. 7, s. 54; 2005, c. 22, s. 49; 2005, c. 36, s. 5; 2004, c. 25, s. 59.

SCHEDULE 3

GOVERNMENT ENTERPRISES

Corporation d’hébergement du Québec

Financement-Québec

Fonds d’indemnisation du courtage immobilier

Hydro-Québec

Immobilière SHQ

Loto-Québec

Société de développement de la Baie James

Société de l’assurance automobile du Québec in the exercise of its functions in a capacity other than that of trustee

Société des alcools du Québec

Société des établissements de plein air du Québec

Société générale de financement du Québec

Société Innovatech du Grand Montréal

Société Innovatech du Sud du Québec

Société Innovatech Québec et Chaudière - Appalaches

Société Innovatech Régions ressources

2000, c. 15, Schedule 3; 2002, c. 76, s. 35; O.C. 1081-2003, (2003) 135 G.O. 2, 3227; 2002, c. 45, s. 164; 2004, c. 34, s. 14.

REPEAL SCHEDULES

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R‐3), chapter 15 of the statutes of 2000, in force on 1 April 2001, is repealed, except sections 151 to 156 and 168, effective from the coming into force of chapter A-6.001 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 15 to 19, 61 to 66, 70 to 76 and 164 of chapter 15 of the statutes of 2000, in force on 1 April 2002, are repealed effective from the coming into force of the updating to 1 April 2002 of chapter A-6.001 of the Revised Statutes.