Financial Administration Act
Consolidated act- Citation
- S.N.W.T. 2015, c.13
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- s.181 amended by R.S.N.W.T. 1988, c.F-4, is repealed
- s.182 amended by S.N.W.T. 1991-1992, c.2, is repealed
- s.183 amended by S.N.W.T. 1995, c.22, is repealed
- s.sched_B amended by An Act to Amend the Northwest Territories Housing Corporation Act
- s.sched_B amended by An Act to Amend the Northwest Territories Business Development and Investment Corporation Act
- s.1 Legislative Assembly and Executive Council Act
- s.1 Northwest Territories Act (Canada)
- s.3 Access to Information and Protection of Privacy Act
- s.3 Access to Information and Protection of Privacy Act
- s.21 Statutory Instruments Act
- s.54 Income Tax Act
- s.126 Public Service Act
- s.130 Public Service Garnishee Act
- s.131 Public Service Garnishee Act
- s.138 Statutory Instruments Act
- s.149 Legal Aid Act
- s.150 Aurora College Act
- s.151 Commissioner’s Land Act
- s.152 Education Act
- s.153 Hospital Insurance and Health and Social Services Administration Act
- s.154 Human Rights Act
- s.155 Interpretation Act
- s.156 Land Titles Act
- s.157 Legal Aid Act
- s.158 Legal Services Act
- s.9 Legislative Assembly and Executive Council Act
- s.159 Legislative Assembly and Executive Council Act
- s.160 Liquor Act
- s.64 Natural Resources Conservation Trust Act
- s.161 Natural Resources Conservation Trust Act
- s.162 Northwest Territories Business Development and Investment Corporation Act
- s.163 Northwest Territories Business Development and Investment Corporation Act
- s.35.1 Northwest Territories Heritage Fund Act
- s.164 Northwest Territories Heritage Fund Act
- s.165 Northwest Territories Housing Corporation Act
- s.23 Northwest Territories Hydro Corporation Act
- s.166 Northwest Territories Hydro Corporation Act
- s.167 Northwest Territories Lands Act
- s.167 Northwest Territories Power Corporation Act
- s.168 Northwest Territories Power Corporation Act
- s.168 Administration Act
- s.170 Payroll Tax Act
- s.171 Petroleum Products Tax Act
- s.172 Public Service Act
- s.173 Revolving Funds Act
- s.173 Administration Act
- s.174 Social Assistance Act
- s.175 Status of Women Council Act
- s.176 Surface Rights Board Act
- s.177 Tåîchô Community Services Agency Act
- s.178 Tobacco Tax Act
- s.179 Waters Act
- s.180 Workers’ Compensation Act
- Aklavik Education District and Aklavik Education Authority Regulations, s.7 → #sec_1__subsec_1
- Aklavik Education District and Aklavik Education Authority Regulations, s.7 → #sec_1__subsec_1
- Assignment of Debt Regulations, s.2 → #sec_130__subsec_2
- Assignment of Debt Regulations, s.2.1 → #sec_131__subsec_1
- Aurora College Act, s.15
- Aurora College Act, s.16 → #sec_52
- Aurora College Act, s.16
- Beaufort-Delta Education Division and Beaufort-Delta Divisional Education Council Regulations, s.5 → #sec_1__subsec_1
- Beaufort-Delta Education Division and Beaufort-Delta Divisional Education Council Regulations, s.5 → #sec_1__subsec_1
- Behchoko Education District and Behchoko District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Behchoko Education District and Behchoko District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Builders' Lien Act, s.1 → #sec_1__subsec_1
- Builders' Lien Act, s.1 → #sec_1__subsec_1
- Builders' Lien Regulations, s.2
- Cities, Towns and Villages Act, s.70.1 → #sec_1__subsec_1
- Civil Claims Rules, s.24
- Colville Lake Education District and Colville Lake District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Colville Lake Education District and Colville Lake District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Commission Scolaire Francophone, Territoires du Nord-Ouest Regulations, s.7 → #sec_1__subsec_1
- Commission Scolaire Francophone, Territoires du Nord-Ouest Regulations, s.7 → #sec_1__subsec_1
- Commission Scolaire Francophone, Territoires du Nord-Ouest Regulations, s.7 → #sec_1__subsec_1
- Commission Scolaire Francophone, Territoires du Nord-Ouest Regulations, s.7 → #sec_1__subsec_1
- Commissioner's Land Act, s.8 → #sec_145__para_j
- Commissioner's Land Regulations, s.12.7 → #sec_1__subsec_1
- Commissioner's Public Airport Lands Regulations, s.5.7 → #sec_1__subsec_1
- Conduct of Business Regulations, s.5 → #sec_10__subsec_2
- Conduct of Business Regulations, s.8 → #sec_32__subsec_1
- Conflict of Interest Act, s.1 → #sec_1__subsec_1
- Corrections Act, s.53 → #sec_1__subsec_1
- Dehcho Education Division and Dehcho Divisional Education Council Regulations, s.5 → #sec_1__subsec_1
- Dehcho Education Division and Dehcho Divisional Education Council Regulations, s.5 → #sec_1__subsec_1
- Delegation of Authority Regulations, s.1 → #sec_60__subsec_3
- Delegation of Authority Regulations, s.2 → #sec_62__subsec_2
- Delegation of Authority Regulations, s.3 → #sec_73__subsec_2
- Delegation of Authority Regulations, s.4 → #sec_7__subsec_1__para_l
- Delegation of Authority Regulations, s.5 → #sec_88
- Delegation of Authority Regulations, s.6 → #sec_132__subsec_2
- Delegation of Authority Regulations, s.6 → #sec_132__subsec_1
- Delegation of Authority Regulations, s.6 → #sec_132__subsec_1
- Deline Education District and Deline District Education Authority Regulations, s.8 → #sec_1__subsec_1
- Deline Education District and Deline District Education Authority Regulations, s.8 → #sec_1__subsec_1
- Designated Banks Order, s.1 → #sec_94__subsec_1
- Dettah Education District and Dettah District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Dettah Education District and Dettah District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Disposal of Public Property Regulations, s.1 → #sec_67__subsec_1
- Disposal of Public Property Regulations, s.1 → #sec_67__subsec_1
- Disposal of Public Property Regulations, s.1 → #sec_67__subsec_1
- Early Learning and Child Care Act, s.41
- Education Act, s.117 → #sec_1__subsec_1
- Education Act, s.117 → #sec_1__subsec_1
- Education Act, s.128
- Education Act, s.128
- Education Act, s.130 → #sec_31__subsec_2
- Education Act, s.133
- Education Act, s.137
- Emergency Management Act, s.1 → #sec_1__subsec_1
- Environmental Rights Act, s.16
- Expropriation Fees Regulations, s.2
- Financial Agreements and Transactions (Petroleum Product Derivatives) Regulations, s.1 → #sec_68
- Financial Agreements and Transactions (Petroleum Product Derivatives) Regulations, s.2 → #sec_68
- Forest Management Regulations, s.43
- Forest Management Regulations, s.43
- Forest Management Regulations, s.62
- Fort Liard Education District and Fort Liard District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Fort Liard Education District and Fort Liard District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Fort McPherson Education District and Fort McPherson District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Fort McPherson Education District and Fort McPherson District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Fort Providence Education District and Fort Providence District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Fort Providence Education District and Fort Providence District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Fort Resolution Education District and Fort Resolution District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Fort Resolution Education District and Fort Resolution District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Fort Simpson Education District and Fort Simpson District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Fort Smith Education District and Fort Smith District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Fort Smith Education District and Fort Smith District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Gameti Education District and Gameti District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Gameti Education District and Gameti District Education Authority Regulations, s.7 → #sec_1__subsec_1
- General Taxation Area Interest Regulations, s.2
- General Taxation Area Interest Regulations, s.4
- General Taxation Area Interest Regulations, s.6
- General Taxation Area Interest Regulations, s.8
- Guarantees and Indemnities General Regulations, s.1
- Hay River Education District and Hay River District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Hay River Education District and Hay River District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Hospital Insurance and Health and Social Services Administration Act, s.1
- Hospital Insurance and Health and Social Services Administration Act, s.5.1
- Hospital Insurance and Health and Social Services Administration Act, s.7.3
- Hospital Insurance and Health and Social Services Administration Act, s.10.6
- Hospital Insurance and Health and Social Services Administration Act, s.13.2
- Hospital Insurance and Health and Social Services Administration Act, s.13.2
- Hospital Insurance and Health and Social Services Administration Act, s.13.2
- Hospital Insurance and Health and Social Services Administration Act, s.13.4
- Hospital Insurance and Health and Social Services Administration Act, s.13.4
- Hospital Insurance and Health and Social Services Administration Act, s.13.5
- Hospital Insurance and Health and Social Services Administration Act, s.15
- Hospital Insurance and Health and Social Services Administration Act, s.25
- Housing Northwest Territories Act, s.8 → #sec_139
- Housing Northwest Territories Act, s.9.1
- Housing Northwest Territories Act, s.9.1
- Housing Northwest Territories Act, s.16
- Housing Northwest Territories Act, s.19 → #sec_52
- Housing Northwest Territories Act, s.23 → #sec_32__subsec_1
- Human Rights Act, s.21 → #sec_32__subsec_1
- Income Tax Act, s.3.2
- Insurance Act, s.248 → #sec_145__para_j
- Interest Rate Regulations, s.1 → #sec_54
- Inuvik Education District and Inuvik District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Inuvik Education District and Inuvik District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Investment Regulations, s.1
- Investment Regulations, s.2 → #sec_52
- Investment Regulations, s.2 → #sec_51
- Investment Regulations, s.10 → #sec_52
- Jean Marie River Education District and Jean Marie River District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Jean Marie River Education District and Jean Marie River District Education Authority Regulations, s.7 → #sec_1__subsec_1
- K'asho Got'ine District and K'asho Got'ine District Education Authority Regulations, s.8 → #sec_1__subsec_1
- K'asho Got'ine District and K'asho Got'ine District Education Authority Regulations, s.8 → #sec_1__subsec_1
- K'atlodeeche First Nations Education District and K'atlodeeche First Nations District Education Authority Regulations, s.8 → #sec_1__subsec_1
- Kakisa Lake District and Kakisa Lake District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Kakisa Lake District and Kakisa Lake District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Land Titles Act, s.156
- Land Titles Act, s.158
- Land Titles Act, s.158
- Legal Aid Act, s.4 → #sec_32__subsec_1
- Legislative Assembly and Executive Council Act, s.40.1
- Legislative Assembly and Executive Council Act, s.40.1
- Legislative Assembly and Executive Council Act, s.52
- Legislative Assembly and Executive Council Act, s.58 → #sec_1__subsec_1
- Legislative Assembly and Executive Council Act, s.73
- Legislative Assembly and Executive Council Act, s.73
- Liquor Act, s.64 → #sec_32__subsec_1
- Lutsel K'e Education District and Lutsel K'e District Education Authority Regulations, s.8 → #sec_1__subsec_1
- Lutsel K'e Education District and Lutsel K'e District Education Authority Regulations, s.8 → #sec_1__subsec_1
- N'dilo Education District and N'dilo District Education Authority Regulations, s.6 → #sec_1__subsec_1
- N'dilo Education District and N'dilo District Education Authority Regulations, s.6 → #sec_1__subsec_1
- Nahanni Butte Education District and Nahanni Butte District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Nahanni Butte Education District and Nahanni Butte District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Natural Resources Conservation Trust Act, s.2
- Natural Resources Conservation Trust Act, s.10 → #sec_139
- Norman Wells Education District and Norman Wells District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Norman Wells Education District and Norman Wells District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Northwest Territories Heritage Fund Act, s.1 → #sec_6__subsec_5
- Northwest Territories Heritage Fund Act, s.3 → #sec_25
- Northwest Territories Heritage Fund Act, s.5.1 → #sec_1__subsec_1
- Northwest Territories Hydro Corporation Act, s.15
- Northwest Territories Hydro Corporation Act, s.18
- Northwest Territories Hydro Corporation Act, s.19
- Northwest Territories Hydro Corporation Act, s.21
- Northwest Territories Hydro Corporation Act, s.22 → #sec_51
- Northwest Territories Hydro Corporation Act, s.22 → #sec_53
- Northwest Territories Hydro Corporation Act, s.26 → #sec_52__subsec_1
- Northwest Territories Hydro Corporation Act, s.29
- Northwest Territories Hydro Corporation Act, s.29 → #sec_20
- Northwest Territories Hydro Corporation Act, s.29 → #sec_31__subsec_3
- Northwest Territories Hydro Corporation Act, s.29
- Northwest Territories Hydro Corporation Act, s.30 → #sec_32__subsec_1
- Northwest Territories Indigenous-Led Conservation Fund Establishment Act, s.7 → #sec_1__subsec_1
- Northwest Territories Intergovernmental Agreement on Lands and Resources Management Act, s.9
- Northwest Territories Lands Act, s.22
- Northwest Territories Lands Act, s.23 → #sec_145__para_j
- Northwest Territories Power Corporation Act, s.14
- Northwest Territories Power Corporation Act, s.23
- Northwest Territories Power Corporation Act, s.24
- Northwest Territories Power Corporation Act, s.26
- Northwest Territories Power Corporation Act, s.27 → #sec_53
- Northwest Territories Power Corporation Act, s.27 → #sec_51
- Northwest Territories Power Corporation Act, s.32 → #sec_52__subsec_1
- Northwest Territories Power Corporation Act, s.35 → #sec_31__subsec_3
- Northwest Territories Power Corporation Act, s.35 → #sec_32__subsec_1
- Northwest Territories Power Corporation Act, s.35 → #sec_20
- Northwest Territories Power Corporation Act, s.35
- Northwest Territories Power Corporation Act, s.35
- Order Approving the Preferential Employment Program in the Diavik Diamonds Project Socio-Economic Monitoring Agreement, s.7.15.1 → #sec_46
- Paulatuk Education District and Paulatuk District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Paulatuk Education District and Paulatuk District Education Authority Regulations, s.7 → #sec_1__subsec_1
- Payroll Tax Act, s.11 → #sec_145__para_j
- Payroll Tax Act, s.12 → #sec_145__para_j
- Payroll Tax Act, s.44 → #sec_145__para_j
- Petroleum Products and Carbon Tax Act, s.5.1 → #sec_57
- Petroleum Products and Carbon Tax Act, s.5.1
- Petroleum Products and Carbon Tax Act, s.13 → #sec_67__subsec_1
- Petroleum Products and Carbon Tax Act, s.16 → #sec_145__para_j
- Petroleum Products and Carbon Tax Act, s.16
- Petroleum Resources Act, s.68
- Post-secondary Education Act, s.1
- Post-secondary Education Act, s.1
- Post-secondary Education Act, s.47
- Post-secondary Education Act, s.48
- Post-secondary Education Act, s.50 → #sec_32__subsec_1
- Post-secondary Education Act, s.51 → #sec_33
- Post-secondary Education Act, s.52
- Programs, Projects and Services Continuation Regulations, s.21
- Prosper NWT Act, s.12 → #sec_139
- Prosper NWT Act, s.13.1
- Prosper NWT Act, s.14 → #sec_52
- Prosper NWT Act, s.29
- Prosper NWT Act, s.29.1
- Prosper NWT Act, s.29.1
- Prosper NWT Act, s.30
- Prosper NWT Act, s.30
- Prosper NWT Act, s.31 → #sec_32__subsec_1
- Prosper NWT Act, s.35.1
The Commissioner of the Northwest Territories, by and with the advice and consent of the Legislative Assembly, enacts as follows:
PART 1 INTERPRETATION AND APPLICATION
Definitions
1.(1) In this Act,
"accountable advance" means an accountable advance made under section 98 or 99; (avance à justifier)
"accounting officer" means a public officer or service contractor designated as an accounting officer under paragraph 83(1)(a) or (3)(a); (agent comptable)
"activity", in relation to Estimates and appropriations, means a subdivision of a department; (élément)
"appropriation" means
(a) the authority to incur an expenditure that is set out in an Act respecting the authorization of expenditures, or
(b) the express authority in this or another Act
(i) to incur an expenditure, or
(ii) to make a disbursement out of the Consolidated Revenue Fund; (crédit)
"approved budget", in relation to a public agency, means an operating or capital budget or an amended operating or capital budget of the public agency, approved by the responsible Minister; (budget approuvé)
"Auditor General" means the Auditor General of Canada referred to in sections 39 to 43 of the Northwest Territories Act; (vérificateur général)
"Board" means the Financial Management Board continued under subsection 6(1); (Conseil)
"capital investment expenditure" means an expenditure incurred to purchase, construct, develop or otherwise acquire a tangible capital asset to be owned by Government or a public agency; (dépense d’investissement en capital) "Comptroller General" means the Comptroller General appointed under subsection 16(1); (contrôleur général)
"Consolidated Revenue Fund" means the Consolidated Revenue Fund of the Northwest Territories referred to in subsection 34(1) of the Northwest Territories Act and composed of all public moneys over which the Legislature has the power of appropriation; (Trésor)
"department" means
(a) a division of the public service continued or established by statute, or designated as a department by the Commissioner in Executive Council, on the recommendation of the Premier, or
(b) the Office of the Legislative Assembly; (ministère)
"deputy head" means,
(a) in relation to a department, the Deputy Minister of that department, and
(b) in relation to a public agency, its chief executive officer or, if there is no chief executive officer, the person who the responsible Minister designates as deputy head for the purposes of this Act; (administrateur général)
"Deputy Minister" means
(a) the non-elected head of a department or, if the position is vacant or the Deputy Minister is absent or unable to act, the person designated by the responsible Minister to act as Deputy Minister, or
(b) the Clerk of the Legislative Assembly in respect of the Office of the Legislative Assembly or, if the position is vacant or the Clerk is absent or unable to act, the person appointed to act as Clerk; (sous-ministre)
"directive" means a written statement, issued by the Board under this Act, of specific action to be followed or policy to be applied; (directive)
"disbursement" means a payment or transfer of money from a bank account maintained by Government or a public agency or from a special purpose fund; (débours)
"Estimates" means annual estimates of expenditures and revenues of Government; (budget des dépenses) "expenditure" means an operating expense or infrastructure expenditure; (dépense)
"expenditure officer" means a public officer or service contractor designated as an expenditure officer under paragraph 83(1)(b) or (3)(b); (agent des dépenses)
"fiscal year" means
(a) for Government, the period beginning on April 1 in one year and ending on March 31 in the next year, or
(b) for a public agency,
(i) if the period of a fiscal year or financial year for the public agency is addressed in the Act under which the public agency is established, that period,
(ii) the period set under section 12 by the Board, or
(iii) the period referred to in paragraph (a), if not addressed in the Act under which the public agency is established and the Board has not set a period under section 12; (exercice)
"Government" means the Government of the Northwest Territories but excludes public agencies and other reporting bodies; (gouvernement)
"Government fiscal year" means the period referred to in paragraph (a) of the definition "fiscal year"; (exercice du gouvernement)
"government reporting entity" means the entity constituted by all
(a) departments, and
(b) public agencies and other bodies that, under generally accepted accounting principles for the Canadian public sector,
(i) are considered to be controlled by Government or by a public agency that is part of the government reporting entity, and
(ii) are required to be included in the consolidated financial statements of Government; (périmètre comptable du gouvernement)
"guarantee" means a guarantee of a debt or a promise to be a surety for a person or body; (garantie) "indemnity" means an undertaking, other than a guarantee, given by Government or a public agency, or by an agent of Government or a public agency, to hold harmless a person or body for loss to which that person or body is subject; (promesse d’indemniser)
"infrastructure expenditure" means
(a) a capital investment expenditure, or
(b) a contribution
(i) that is paid by Government to a person or body other than Government, to purchase, construct, develop or otherwise acquire a tangible capital asset that will be owned by the person or body, or
(ii) that is paid by a public agency to a person or body other than the public agency, to purchase, construct, develop or otherwise acquire a tangible capital asset that will be owned by the person or body; (dépense d’infrastructure)
"interim financial report" means the interim report on the financial affairs of Government, referred to in subsection 36(1); (rapport financier intermédiaire)
"Minister" means
(a) a member of the Executive Council appointed as a Minister under the Legislative Assembly and Executive Council Act, or
(b) the Speaker, in respect of the Office of the Legislative Assembly; (ministre)
"Minister of Finance" means the Minister responsible for the administration of this Act; (ministre des Finances)
"money" includes any negotiable instrument; (fonds)
"Northwest Territories Act" means the Northwest Territories Act (Canada); (Loi sur les Territoires du Nord-Ouest)
"operating expense" includes a transfer payment where no value is received directly in return, a non-cash expense and any other amount that, according to applicable accounting policies and practices referred to in section 20, must be recorded in a fiscal year as an expense; (dépense de fonctionnement) "other reporting body" means a body that is part of the government reporting entity, other than a department or public agency; (autre entité comptable)
"planning and accountability framework" means the framework, referred to in section 21, for planning by and the accountability of Government and public agencies; (cadre de planification et de responsabilisation)
"Public Accounts" means the Public Accounts of the Northwest Territories referred to in sections 38 and 39 of the Northwest Territories Act; (comptes publics)
"public agency" means a body specified in Schedule A, B, or C; (organisme public)
"public money" means
(a) money that belongs to Government or a public agency, including
(i) revenue received or receivable,
(ii) money borrowed by Government or a public agency, and
(iii) money received or collected by or on behalf of Government or a public agency, or
(b) special purpose funds other than trust funds; (fonds publics)
"public officer" means
(a) a Minister,
(b) the Commissioner,
(c) the Deputy Commissioner,
(d) a member or director of
(i) a public agency or other reporting body, or
(ii) a governing body of a public agency or other reporting body,
(e) a person employed in the public service,
(f) a person employed by a public agency or other reporting body,
(g) a revenue officer, or
(h) a person acting as an agent of Government or a public agency; (fonctionnaire)
"public property" means property, other than money, that belongs to Government or a public agency; (biens publics) "record" includes
(a) an account, book, return, statement, report, financial document or other memorandum of financial or non-financial information represented by writing, electronic form or any other means, and
(b) any information necessarily incidental to the interpretation of any system of recording data; (registre)
"responsible Minister" means,
(a) in relation to a department, the Minister responsible for the department, and
(b) in relation to a public agency, the Minister responsible for the public agency, or the Minister to which the public agency is accountable; (ministre compétent)
"revenue officer" means a person engaged, appointed, employed or required by law, contract or other agreement to collect, manage or account for public money, or other money administered by Government or a public agency, or a person who receives, holds or is entrusted with such money, whether or not that person was appointed or employed for that purpose, but excludes
(a) a bank, trust company or investment company, or a member, officer or employee of a bank, trust company or investment company,
(b) a person who
(i) is not a public officer under paragraphs (a) to (f) or (h) of the definition "public officer", and
(ii) whose relationship with his or her clients or customers is regulated in a material way by or under an Act or regulation of the Northwest Territories, Canada, a province or territory, and
(c) a member, officer or employee of a person referred to in paragraph (b); (agent de perception)
"revolving fund" means a fund
(a) that is provided with continuous and non-lapsing authority to retain revenues and to make disbursements for specific purposes and within specific limits, and
(b) that is specified in an enactment to be a revolving fund; (fonds renouvelable)
"Secretary" means Secretary to the Board appointed under subsection 6(5); (secrétaire)
"service contractor" means
(a) a person whose services are engaged by Government or a public agency in consideration of the payment of a fee, whether or not the contract for those services is made with that person or another person, or
(b) a person who contracts to provide the services of one or more individuals to Government or a public agency in consideration of the payment of a fee; (entrepreneur de services)
"Speaker" means the Speaker of the Legislative Assembly; (président)
"special purpose fund" means
(a) a revolving fund,
(b) third party project funding received or receivable by Government,
(c) a trust fund held by Government, or
(d) a fund or funding, other than those specified in paragraphs (a), (b) and (c), that is received or receivable by Government under or pursuant to a law, undertaking, contract or other agreement, and that is to be disbursed for a purpose specified in or pursuant to the law, undertaking, contract or other agreement; (fonds établi à une fin particulière)
"third party project funding" means funding in relation to a project or program
(a) undertaken by Government on behalf of a party that is not part of Government, pursuant to an agreement between Government and the party, and
(b) that is to be funded entirely by one or more parties that are not part of Government; (financement de projet par un tiers)
"vote" means a category of appropriation according to its intended use. (vote)
(2) The definitions "Government", "government reporting entity", "other reporting body", "public agency", "public officer" and "revenue officer" are for the purposes of this Act only and are not to be construed as being determinative of a person’s employment in the public service or of the existence of an agency relationship with Government.
Actions that constitute borrowing
2.For the purposes of this Act, actions that constitute borrowing are to be determined in accordance with section 2 of the Northwest Territories Borrowing Limits Regulations made under the Northwest Territories Act.
Conflict
3.(1) If there is a conflict between a provision of this Act and a provision of another Act, this Act prevails to the extent of the conflict, unless
(a) this Act otherwise provides; or
(b) another Act expressly provides that it, or a provision of it operates notwithstanding this Act.
(2) For greater certainty, if there is a conflict between a provision of the Access to Information and Protection of Privacy Act and a provision of this Act, the provision of the Access to Information and Protection of Privacy Act prevails to the extent of the conflict.
Application
4.This Act applies to
(a) Government;
(b) public agencies; and
(c) other reporting bodies.
Principles: responsible fiscal management
5.Government and public agency policy objectives must be pursued in accordance with principles of responsible fiscal management, including the following principles:
(a) the net public debt should be maintained at prudent levels, taking into consideration the impact of the debt on the sustainability of programs and services for the future;
(b) fiscal and financial risks should be managed prudently;
(c) financial investment portfolios should be managed in a sound and efficient manner;
(d) policies should be pursued that are consistent with the achievement of a reasonable degree of predictability about the level and stability of tax rates and programs and services for future years;
(e) a fiscal decision making system that is rational, fair, efficient, credible, transparent and accountable should be maintained.
PART 2
ADMINISTRATION
Financial Management Board
Financial Management Board continued
6.(1) The Financial Management Board, a committee of the Executive Council, is continued.
(2) The Board is responsible for the financial management and financial administration of Government.
(3) The Board is composed of the Minister of Finance and such other Ministers as may be designated by the Executive Council.
(4) The Minister of Finance is the chairperson of the Board.
(5) The Minister of Finance, on the recommendation of the Board, shall appoint a member of the public service as Secretary to the Board.
(6) The Secretary shall perform such duties as may be assigned by the Board.
Duties: Board
7.(1) Subject to this Act and any directions of the Executive Council, the Board shall act on all matters related to the financial management and financial administration of Government in respect of
(a) fiscal policy and planning;
(b) financial management and control;
(c) management practices and systems;
(d) the budget process, including the Estimates and the transfer of funds among activities;
(e) expenditure plans, financial commitments and programs;
(f) accounting policies and practices, including policies related to the collection, expending and long-term commitments of public money;
(g) risk management policy;
(h) the functions of the Internal Audit Bureau;
(i) the evaluation of the economy, efficiency and effectiveness of programs;
(j) the approval of plans, policies and strategies associated with human resource management;
(k) the approval of plans, policies and strategies associated with information management and technology; and
(l) any other matter referred to it by the Executive Council.
(2) Subject to this Act and any directions of the Executive Council, the Board shall act on all matters in respect of reporting requirements, to ensure accountability of departments, public agencies and other reporting bodies for the allocation of and the results achieved by the use of financial resources, capital resources, human resources, and information technology resources.
(3) The Board is responsible for matters referred to in subsections (1) and (2), notwithstanding that the exercise of the Board’s authority may be incidental to a matter for which the Executive Council or a Minister is primarily responsible.
Rules and procedures
8.Subject to this Act and any directions of the Executive Council, the Board may determine its own rules and procedures.
Accountability and transparency
9.The responsibilities of the Board must be carried out in a manner that promotes and supports fiscal responsibility and the accountability and transparency of Government operations.
Board directives to public officers
10.(1) The Board may issue a directive respecting any matter referred to in subsection 7(1) or (2) to a public officer other than the Speaker.
(2) If the Board considers it to be in the public interest, the Board may issue a directive respecting the financial management or financial administration of a public agency or other reporting body to
(a) a public officer for a public agency or other reporting body; or
(b) a public agency or other reporting body.
(3) A directive is of no effect to the extent that it affects the disposition of any funds in the Workers’ Protection Fund continued under the Workers' Compensation Act.
Authority to require information
11.(1) The Board may direct the following persons and bodies to provide to the Board any information and explanations that the Board considers necessary to exercise its powers or perform its duties under this Act or any other enactment:
(a) a public officer other than the Speaker;
(b) a public agency or other reporting body;
(c) a service contractor.
(2) A person who or body that is directed under subsection (1) to provide information or explanations shall comply with the direction.
Fiscal year for public agency
12.The Board, on the recommendation of the responsible Minister, may set the period of the fiscal year for a public agency, if the Act under which the public agency is established does not address the period of the fiscal year.
Minister of Finance
Responsibility of Minister
13.(1) The Minister of Finance is responsible for matters relating to the collection, management and control of public money.
(2) The Minister of Finance shall
(a) develop budgetary, economic and fiscal policy for approval by the Board;
(b) develop revenue generating and tax policy for approval by the Board;
(c) implement policies approved by the Board in relation to matters referred to in paragraphs (a) and (b);
(d) develop, for approval by the Board, and consistent with principles referred to in section 5, a fiscal responsibility policy that includes a framework and guidelines for borrowing by Government, public agencies that are part of the government reporting entity, and other reporting bodies, and implement the policy;
(e) develop, for approval by the Board, and implement a policy in respect of the collection, management and control of money, other than public money, held in trust or administered by Government or public agencies;
(f) determine annual aggregate expenditure targets;
(g) prepare the annual borrowing plan;
(h) prepare the Estimates in a manner consistent with approved policies in respect of budgets;
(i) manage the public debt;
(j) manage the investment of public money by Government, borrowing by Government and loans and advances made by and guarantees given by Government;
(k) advise the Board in respect of borrowing by, loans and advances made by and guarantees given by
(i) public agencies that are part of the government reporting entity, and
(ii) other reporting bodies;
(l) monitor the financial management systems of Government to ensure consistency with approved financial management policies and procedures; and
(m) direct all other matters relating to the financial affairs of Government that are not assigned by this Act or any other enactment to the Board or to any other person.
(3) Before approving the fiscal responsibility policy referred to in paragraph (2)(d), or any amendment to the policy, the Board shall consult with the Legislative Assembly or a committee of the Legislative Assembly.
Authority to examine record
14.(1) The Minister of Finance may examine any record of, or request any information from, a department, public agency or other reporting body that the Minister of Finance considers necessary to exercise his or her powers or perform his or her duties.
(2) The Minister of Finance may direct the following persons and bodies to provide to him or her any information and explanations that the Minister of Finance considers necessary to exercise his or her powers or perform his or her duties:
(a) a public officer other than the Speaker;
(b) a public agency or other reporting body;
(c) a service contractor.
(3) The Minister of Finance may, at the direction of the Board, direct the following persons and bodies to provide to him or her any information and explanations that the Minister of Finance considers necessary to determine whether public money was disbursed or expended for the purpose for which it was appropriated, or whether other money administered by Government or a public agency was disbursed or expended in accordance with an enactment, a directive or other requirements:
(a) a public officer other than the Speaker;
(b) a public agency or other reporting body;
(c) a service contractor.
(4) A person who or body that is directed under subsection (2) or (3) to provide information or explanations shall comply with the direction.
Ministers
Responsibility of Ministers
15.(1) A Minister shall ensure that each department for which he or she is responsible complies with this Act and the regulations.
(2) A Minister, other than the Speaker, is subject to the general direction of
(a) the Board, in respect of matters within the authority of the Board; and
(b) the Minister of Finance, in respect of matters within his or her authority.
(3) A Minister shall report, when and in the form that the Board or the Minister of Finance may direct, to the Executive Council or the Board on the financial affairs of each department and public agency for which he or she is the responsible Minister.
Comptroller General
Comptroller
16.(1) The Minister of Finance shall appoint a member of the public service to be the Comptroller General.
(2) The Comptroller General shall
(a) establish and maintain systems and procedures
(i) to ensure the integrity of Government financial records and accounting systems,
(ii) to ensure that public money that belongs to Government is collected and accounted for,
(iii) for internal controls respecting the receipt and disbursement of public money that belongs to Government,
(iv) for the management and control of money, other than public money, held in trust or administered by Government,
(v) for the control of public property that belongs to Government,
(vi) to ensure compliance by departments, public agencies and other reporting bodies with directives and Government accounting policies and practices, and
(vii) in respect of other financial matters for which the Comptroller General is responsible;
(b) maintain the accounts related to the operation of the Consolidated Revenue Fund and coordinate related procedures; and
(c) ensure that the Public Accounts are prepared for each Government fiscal year.
(3) The Comptroller General may establish and maintain systems and procedures
(a) to ensure that public money that belongs to public agencies is collected and accounted for;
(b) for internal controls respecting the receipt and disbursement of public money that belongs to public agencies;
(c) for the management and control of money, other than public money, held in trust or administered by public agencies; and
(d) for the control of public property that belongs to public agencies.
(4) In addition to the duties referred to in subsection (2) and the powers referred to in subsection (3), the Comptroller General may exercise such powers and shall perform such duties as may be assigned to him or her by the Minister of Finance or the Board.
Authority to examine record
17.(1) The Comptroller General may examine any record of, or request any information from, a department, public agency or other reporting body that the Comptroller General considers necessary to exercise his or her powers or perform his or her duties.
(2) The Comptroller General may direct the following persons and bodies to provide to him or her any information and explanations that the Comptroller General considers necessary to exercise his or her powers or perform his or her duties:
(a) a public officer other than the Speaker;
(b) a public agency or other reporting body.
(3) A person who or body that is directed under subsection (2) to provide information or explanations shall comply with the direction.
Public Agencies
Accountability
18.A public agency is ultimately accountable for the conduct of its affairs through the responsible Minister to the Legislative Assembly.
Delegation
Delegation by Board
19.(1) The Board may delegate to a public officer a power or duty of the Board under this Act if, under this Act or the regulations, the power or duty may be delegated.
(2) A Minister may delegate to a public officer a power or duty of the Minister under this Act, including a power to make a recommendation, except a recommendation under section 146.
(3) The Comptroller General may delegate to a public officer a power or duty of the Comptroller General under this Act.
(4) A deputy head may delegate to a public officer a power or duty of the deputy head under this
(5) A public officer to whom a power or duty is delegated under this section shall not subdelegate that power or duty to another person, unless such subdelegation is authorized by the terms of the original delegation.
PART 3
ACCOUNTABILITY
Accounting Policies and Practices
Accounting policies and practices for Government
20.(1) All accounting policies and practices for Government must conform to Canadian public sector accounting standards.
(2) Notwithstanding subsection (1), the Board may adopt an accounting policy or practice for Government that modifies the standards referred to in that subsection.
(3) The accounting policies and practices for each public agency and other reporting body must conform with Canadian generally accepted accounting principles for a body of that nature.
(4) Notwithstanding subsection (3), the Board may direct one or more public agencies or other reporting bodies to adhere to specified standards or guidelines in respect of accounting policies and practices.
Planning and Accountability Framework
Establishment of framework
21.(1) The Board shall establish a framework for planning by and accountability of Government and public agencies.
(2) Before establishing or amending the framework referred to in subsection (1), the Board shall consult with the Legislative Assembly or a committee of the Legislative Assembly.
(3) The following persons and bodies shall comply with the requirements of the planning and accountability framework:
(a) public officers other than
(i) the Speaker, and
(ii) public officers for or employed by other reporting bodies;
(b) public agencies.
(4) The planning and accountability framework must be laid before the Legislative Assembly at the earliest opportunity after the framework is established, and each time the framework is amended, either the amendment, or the amended framework, must be laid before the Legislative Assembly at the earliest opportunity.
(5) The planning and accountability framework is not a statutory instrument for the purposes of the Statutory Instruments Act.
Estimates and Appropriation Bills
Estimates
22.(1) The Minister of Finance, under direction from the Board, shall prepare the Estimates for each Government fiscal year and shall cause the Estimates to be laid before the Legislative Assembly.
(2) The Estimates must be prepared in votes that are allocated to departments which must be divided into activities.
Fiscal year expenditures
23.(1) The Estimates must include
(a) all expenditures that are expected to be incurred in respect of the Government fiscal year; and
(b) all revenues that are expected to be received during or to become due in respect of the Government fiscal year.
(2) The Estimates must include all other information required by this Act and the Board.
Appropriation bill
24.The Minister of Finance shall submit to the Legislative Assembly an appropriation bill for each Government fiscal year based on the votes and expenditures set out in the Estimates.
Public Agencies
Financial duties
25.The governing body of a public agency shall
(a) ensure that the financial statements of the public agency are prepared for each fiscal year in accordance with applicable
to in section 20;
(b) establish the form and content of financial records and accounting systems for the public agency in accordance with applicable accounting policies and practices referred to in section 20; and
(c) establish and maintain systems and procedures to ensure that
(i) all money belonging to or administered by the public agency is properly managed and accounted for,
(ii) all disbursements of money belonging to or administered by the public agency are properly authorized, and
(iii) all property belonging to or administered by the public agency is properly controlled.
Operating budget
26.(1) Each fiscal year a public agency shall submit to the responsible Minister for his or her approval, an operating budget for the following fiscal year prepared in accordance with the planning and accountability framework.
(2) The operating budget of a public agency must
(a) encompass all its businesses and activities; and
(b) be prepared in a form that clearly sets out the budget information according to its major businesses and activities.
Capital budget
27.(1) Each fiscal year, a public agency that has capital investment expenditures shall submit to the responsible Minister for his or her approval, a capital budget for the following fiscal year prepared in accordance with the planning and accountability framework.
(2) The capital budget of a public agency must
(a) include all planned capital investment expenditures for all its businesses and activities; and
(b) be prepared in a form that clearly sets out the information according to its major businesses and activities.
(3) No public agency shall incur, or make a commitment to incur, a capital investment expenditure in any fiscal year, unless the expenditure or commitment
(a) is included in an approved capital budget; or
(b) is, in the opinion of the governing body of the public agency, essential to continue a current business activity of the public agency as set out in a plan for the public agency approved in accordance with the planning and accountability framework.
Tabling of approved budgets
28.The responsible Minister shall cause the approved operating and capital budgets of a public agency to be laid before the Legislative Assembly each fiscal year at the earliest opportunity.
Budget amendment
29.(1) If a public agency anticipates that the total amount of its expenditures in respect of any major business activity in a fiscal year will vary significantly from the total amount projected in its operating or capital budget for that year, the public agency shall
(a) submit an amendment to the budget to the responsible Minister for his or her approval; or
(b) if the expenditure is required by an Act, give notice of the expenditure to the responsible Minister.
(2) A Minister that approves an amendment to a budget submitted under paragraph (1)(a) shall
(a) provide a copy of the approved budget amendment to the Minister of Finance; and
(b) cause the approved budget amendment to be laid before the Legislative Assembly at the earliest opportunity.
Effect of approval
30.The approval by a responsible Minister of an operating budget, capital budget or amendment to a budget of a public agency is not an appropriation.
Annual audit
31.(1) The accounts of a public agency must be audited annually.
(2) The auditor for a public agency specified in Schedule A must be approved by the responsible Minister.
(3) The auditor for a public agency specified in Schedule B or C is
(a) the Auditor General; or
(b) an auditor for the public agency approved by the Board on the recommendation of the responsible Minister and the Auditor General.
(4) On examination of the accounts and financial transactions of a public agency, the auditor shall provide an audit report to the responsible Minister.
Annual report
32.(1) A public agency shall
(a) prepare an annual report in accordance with the planning and accountability framework; and
(b) submit its annual report to the responsible Minister
(i) in accordance with the time requirement in the Act establishing the public agency, or
(ii) if the Act establishing the public agency does not address timing, not later than 90 days after the end of its fiscal year or not later than an additional period, not exceeding 60 days, that the Minister of Finance may allow.
(2) The responsible Minister shall cause a copy of the annual report of a public agency to be laid before the Legislative Assembly at the earliest opportunity after receiving the report.
Review of mandate and operations by responsible Minister
33.The mandate and operations of a public agency must be reviewed by the responsible Minister within the time limit specified for the particular agency in the planning and accountability framework.
Public Accounts
Preparation of Accounts
34.(1) The Comptroller General shall prepare, for approval by the Minister of Finance, the Public Accounts for each Government fiscal year.
(2) The Public Accounts must be prepared in accordance with section 39 of the Northwest Territories Act.
Tabling of Public Accounts
35.(1) The Public Accounts for a Government fiscal year must be laid before the Legislative Assembly
(a) on or before December 31 following the end of that fiscal year; or
(b) if the Legislative Assembly is not then in session, on or before the fifth day of the next sitting of the Legislative Assembly.
(2) The Public Accounts may be made available to the public before they are laid before the Legislative Assembly.
Interim Financial Report
Requirement for interim financial report
36.(1) The Comptroller General shall prepare, by September 30 following the end of the Government fiscal year, an interim report on the financial affairs of Government.
(2) An interim financial report must include
(a) the non-consolidated financial statements of Government prepared in accordance with applicable accounting policies and practices referred to in section 20; and
(b) any other information required by this Act.
(3) The Minister of Finance shall cause the interim financial report to be laid before the Legislative Assembly at the earliest opportunity.
Internal Audit
Internal Audit Bureau continued
37.(1) The Internal Audit Bureau of the Government of the Northwest Territories is continued.
(2) The Internal Audit Bureau is responsible for
(a) review and assessment of systems and procedures established to ensure compliance by departments with
(i) this Act and other enactments,
(ii) financial and administrative management practices,
(iii) applicable accounting policies and practices referred to in section 20, and
(iv) contractual obligations;
(b) review and evaluation of
(i) the achievement of objectives established for Government,
(ii) the effectiveness and efficiency of programs, services and operations,
(iii) processes for risk management and means of safeguarding assets,
(iv) controls over operations, and
(v) financial, management and operational reporting;
(c) at the request of the Minister responsible for a public agency, exercising any of the responsibilities referred to in paragraphs
(a) or (b) in respect of the public agency; and
(d) conducting, at the direction of the Comptroller General,
(i) investigations in respect of allegations of fraud, negligence and other impropriety against departments, public agencies and other reporting bodies, and
(ii) post-investigation audits in respect of investigations conducted under subparagraph (i).
(3) In addition to its duties under subsection (2), the Internal Audit Bureau shall perform any other duties that may be assigned to the Bureau by the Internal Audit Committee, established under paragraph 40(1)(a), or the Comptroller General.
Appointment of Director
38.The Secretary shall appoint a Director of the Internal Audit Bureau.
Authority to examine record
39.(1) The Director of the Internal Audit Bureau may examine any record of, or request any information from, a department, public agency or other reporting body that the Director considers necessary for the performance of duties of the Internal Audit Bureau referred to in subsections 37(2) and (3).
(2) The Director of the Internal Audit Bureau may direct the following persons and bodies to provide to him or her any information and explanations that the Director considers necessary for the performance of duties of the Internal Audit Bureau referred to in subsections 37(2) and (3):
(a) a public officer other than the Speaker;
(b) a public agency or other reporting body.
(3) A person who or body that is directed under subsection (2) to provide information or explanations shall comply with the direction.
Establishment of Internal
40.(1) The Board shall
(a) establish an Internal Audit Committee to oversee the functions of the Internal Audit Bureau; and
(b) determine the mandate of and develop terms of reference for the Committee.
(2) The Internal Audit Committee must be composed of the Comptroller General as chairperson and such other members as the Board may determine.
Board directives
41.The Board may issue a directive respecting any matter referred to in section 37 or 40 to
(a) a public officer other than the Speaker; or
(b) a public agency or other reporting body.
Agreements and Accountability
Agreements for delivery of programs or services
42.If Government or a public agency enters into an agreement to provide funding to a party to deliver programs or services on behalf of a department or public agency, Government or the public agency must ensure that the agreement
(a) specifies the purposes for which the funds may be used by the party;
(b) requires the party to maintain accurate and acceptable records and accounting for the funding provided;
(c) specifies the financial reporting requirements of the party;
(d) includes objectives for and anticipated results to be achieved through the delivery of the program or service by the party;
(e) requires the party to report on the results referred to in paragraph (d);
(f) in the case of an agreement entered into by Government, requires the party to agree to provide Government with access to all records associated with the delivery of the program or service; and
(g) in the case of an agreement entered into by a public agency, requires the party to agree to provide Government and the public agency with access to all records associated with the delivery of the program or service.
PART 4
PUBLIC MONEY AND PROPERTY
Public Money, Banking and Records
Government bank accounts for public money
43.(1) The Minister of Finance shall establish bank accounts in accordance with subsection 34(2) of the Northwest Territories Act.
(2) One or more accounts may be maintained in one or more banks for the deposit of money, other than public money, held in trust or administered by Government.
Public agency bank accounts
44.A public agency may establish and maintain one or more accounts in its own name in one or more banks.
Deposit of public money
45.(1) Subject to this Part, a public officer shall ensure that all public money and other money administered by Government or a public agency, that is under the control of the public officer, is deposited
(a) in bank accounts to the credit of Government or the public agency; and
(b) in accordance with applicable systems and procedures established under subparagraphs 16(2)(a)(i), (ii) and (iv) and paragraphs 16(3)(a), (b) and (c).
(2) A public officer who receives public money, or other money to be administered by Government or a public agency, shall ensure that it is credited to the appropriate account.
Records
46.A revenue officer shall keep records respecting public money, and other money administered by Government or a public agency, in the form and manner that the Comptroller General or the governing body of a public agency directs.
Ownership of records
47.All records kept, used or received by, or taken into the possession of a Government or public agency revenue officer, by virtue of his or her position, belong to Government or the public agency.
Accountability for money and property
48.A Government or public agency revenue officer shall account for all money and property received by or taken into the possession of the revenue officer by virtue of his or her position.
Refund of money by Comptroller General
49.(1) The Comptroller General may refund, in whole or in part, money received by Government or a public officer on behalf of Government
(a) that was paid or collected in error; or
(b) for a purpose that is not completely fulfilled.
(2) The deputy head of a public agency may refund, in whole or in part, money received by the public agency or a public officer on behalf of the public agency
(a) that was paid or collected in error; or
(b) for a purpose that is not completely fulfilled.
Payment of rebate or refund by Government
50.(1) A rebate or refund of revenue payable by Government under an enactment must be paid out of the Consolidated Revenue Fund and must be shown in the Public Accounts.
(2) A rebate or refund of revenue payable by a public agency under an enactment must be paid out of a bank account maintained by the public agency and must be shown in the financial statements of the public agency.
Investments
Investment of public money by Minister
51.(1) Subject to subsection (3), the Minister of Finance, on behalf of the Commissioner, may invest money standing to the credit of the Consolidated Revenue Fund in
(a) deposit receipts, deposit notes, certificates of deposit, acceptances and other investment instruments issued, guaranteed or endorsed by a financial institution authorized to carry on business in Canada;
(b) notes, bonds, debentures and other documents evidencing indebtedness issued by the Government of Canada and the government of a province or territory;
(c) notes, bonds, debentures and other documents evidencing indebtedness issued by an agency of the Government of Canada and the government of a province or territory, where the indebtedness is guaranteed as to principal and interest by the government that is responsible for the agency;
(d) notes, bonds, debentures and other documents evidencing indebtedness issued by a municipal corporation in Canada;
(e) bills, notes, acceptances and other investment instruments issued, guaranteed or endorsed by a corporation that is authorized to carry on business in Canada; and
(f) exchange contracts, securities and other investments.
(2) Subject to subsection (3), the Minister of Finance, on behalf of the Commissioner, may
(a) dispose of securities and other investments referred to in subsection (1); and
(b) hold and dispose of securities and investments other than those referred to in subsection (1).
(3) The investment of money under subsection (1) and the disposition and holding of securities and other investments under subsection (2) are subject to
(a) guidelines established by the Board; and
(b) the regulations.
Investment of money by public agency
52.(1) Subject to the regulations, a public agency may invest money that belongs to or is administered by the public agency in
(a) deposit receipts, deposit notes, certificates of deposit, acceptances and other investment instruments issued, guaranteed or endorsed by a financial institution authorized to carry on business in Canada;
(b) notes, bonds, debentures and other documents evidencing indebtedness issued by the Government of Canada and the government of a province or territory;
(c) notes, bonds, debentures and other documents evidencing indebtedness issued by an agency of the Government of Canada and the government of a province or territory, where the indebtedness is guaranteed as to principal and interest by the government that is responsible for the agency;
(d) notes, bonds, debentures and other documents evidencing indebtedness issued by a municipal corporation in Canada; and
(e) bills, notes, acceptances and other investment instruments issued, guaranteed or endorsed by a corporation that is authorized to carry on business in Canada.
(2) A public agency shall not invest in securities or other investments, other than those referred to in subsection (1), unless
(a) the responsible Minister and the Minister of Finance approve the investment; and
(b) the investment is for a purpose for which the public agency is established.
(3) Notwithstanding subsection (2), each of the following public agencies may, in addition to investing in the securities and other investments referred to in subsection (1), invest in any other securities and investments that the public agency determines to be prudent:
(a) Northwest Territories Hydro Corporation;
(b) Northwest Territories Power Corporation;
(c) Workers’ Safety and Compensation Commission.
(4) Subject to the regulations, a public agency may dispose of securities and other investments referred to in this section.
Loans
Loans from Consolidated Revenue Fund
53.(1) Subject to subsection (2), the Minister of Finance, on behalf of the Commissioner, may make a loan from the Consolidated Revenue Fund, repayable on demand or within a term not exceeding 30 days, on the security of securities or other investments of any of the classes referred to in subsection 51(1), owned by the borrower and having a market value at least equal to the amount loaned.
(2) A loan made under subsection (1) may only be made to
(a) the Government of Canada or the government of a province or territory;
(b) a bank; or
(c) a person whose principal business is
(i) the underwriting of a class of securities or other investments referred to in subsection 51(1), or
(ii) the public buying, selling, or distribution in Canada of a class of securities or other investments referred to in that subsection.
Interest on Debts
Interest on late payments
54.Subject to the Income Tax Act and the regulations under this Act, interest may be charged at the prescribed rate on a late payment made in connection with a debt owed to Government or a public agency.
Discount for early payment
55.Subject to the regulations, a discount may be granted at the prescribed rate for the payment of a debt owed to Government or a public agency before the date on which the debt becomes due.
Fees
Fee for services
56.(1) Subject to this Act and any other enactment, a fee may be charged for a service provided by a department or public agency in the amount and in the circumstances that the responsible Minister directs or the regulations permit or require.
(2) A Minister who provides direction under subsection (1) or makes a recommendation under section 146 shall advise the Board of the introduction of a fee, a change to a fee, or the removal of a fee within 60 days after the day on which the fee or a change to the fee is effective or the fee is removed.
(3) If a fee is introduced, changed or removed in accordance with an enactment other than this Act and the regulations made under this Act, the responsible Minister shall advise the Board of the introduction, change or removal within 60 days after the day on which the fee or the change to the fee is effective, or the fee is removed.
(4) A failure to comply with subsection (2) or (3) must not be construed as invalidating the charging of, introduction of, change to, or removal of the fee.
Collection
Deduction or set-off by Comptroller General
57.(1) The Comptroller General may retain money by way of deduction or set-off out of money payable to a person by Government out of the Consolidated Revenue Fund or by a public agency, if
(a) that person owes money to Government or a public agency;
(b) Government or a public agency has made an overpayment to that person; or
(c) that person received an accountable advance and has not repaid or accounted for it.
(2) The Comptroller General may waive the power to retain money by way of deduction or set-off under subsection (1) by consenting, in writing, to an agreement made by or on behalf of Government or a public agency, that provides that this power will not be used.
Deduction or set-off by public agency
58.(1) A public agency may retain money by way of deduction or set-off out of money payable to a person by the public agency, if
(a) that person owes money to the public agency;
(b) the public agency has made an overpayment to that person; or
(c) that person received an accountable advance and has not repaid or accounted for it.
(2) The deputy head of a public agency may waive the power to retain money by way of deduction or set-off under subsection (1) by consenting, in writing, to an agreement made by or on behalf of the public agency that provides that this power will not be used.
Compromise Agreement
Definition: "compromise agreement"
59.(1) In this section, "compromise agreement" means an agreement between Government or a public agency and a person who owes a debt or obligation to Government or the public agency, to accept partial payment in satisfaction of the debt or obligation.
(2) The Board, on behalf of Government, or on behalf of a public agency, may enter into a compromise agreement and forgive, under subsection 62(2) or (3), the outstanding portion of the debt or obligation.
(3) Subject to the regulations, the Board may delegate authority to a public officer to enter into a compromise agreement on behalf of Government or on behalf of a public agency.
(4) Subject to subsection (5) and the regulations, a public officer to whom authority is delegated under subsection (3) may enter into a compromise agreement on behalf of Government or a public agency.
(5) A compromise agreement entered into under subsection (4) is of no effect unless the outstanding portion of the debt or obligation is forgiven in accordance with section 62.
(6) If a condition of a compromise agreement is not performed, proceedings may be taken by Government or a public agency to realize the debt or obligation as if the agreement had not been entered into.
Write-off of Assets, Debts and
Obligations
Prohibition: write-offs
60.(1) Subject to subsections (2), (4) and (5), no person shall write-off, in whole or in part, an asset of Government or a public agency or a debt or obligation owed to Government or a public agency.
(2) The Board may write-off, in whole or in part,
(a) a Government asset, if the Board considers that the asset, or the part to be written off, cannot be used, realized or collected; or
(b) a debt or obligation owed to Government, if the Board considers that the debt or obligation, or the part to be written off, cannot be realized or collected.
(3) Subject to the regulations, the Board may delegate the authority to a public officer to write-off, in whole or in part, an asset of Government, or a debt or obligation owed to Government, where the amount to be written off does not exceed $50,000.
(4) Subject to the regulations and any conditions set out in the delegation, a public officer to whom authority is delegated under subsection (3) may write-off, in whole or in part, an asset of Government, or a debt or obligation owed to Government.
(5) The governing body of a public agency may write-off, in whole or in part,
(a) a public agency asset, if the governing body considers that the asset, or the part to be written off, cannot be used, realized or collected; or
(b) a debt or obligation owed to the public agency, if the governing body considers that the debt or obligation, or the part to be written off, cannot be realized or collected.
(6) A write-off of an asset, debt or obligation under subsection (5) must be reported in the annual report of the public agency for that fiscal year.
Effect of write-off
61.A debt or obligation that is written off, or part of a debt or obligation that is written off, is not deemed to be forgiven, remitted or satisfied as a result of the write-off.
Forgiveness of Debts and Obligations
Prohibition: forgiveness of debts
62.(1) Subject to this section and sections 59 and 63, no person shall forgive, in whole or in part, a debt or obligation owed to Government or a public agency.
(2) The Board may forgive, in whole or in part, a debt or obligation owed to Government, if the Board considers that collection of the debt or enforcement of the obligation is unreasonable or unjust or that it is otherwise in the public interest to forgive the debt or obligation.
(3) The Board, on the recommendation of the governing body of a public agency, may forgive, in whole or in part, a debt or obligation owed to the public agency, if the Board considers that collection of the debt or enforcement of the obligation is unreasonable or unjust or that it is otherwise in the public interest to forgive the debt or obligation.
(4) Subject to the regulations, the Board may delegate the authority to a public officer to forgive, in whole or in part, a debt or obligation owed to Government or a public agency where the amount to be forgiven does not exceed $500.
(5) Subject to the regulations and any conditions set out in the delegation, a public officer to whom authority is delegated under subsection (4) may forgive, in whole or in part, a debt or obligation owed to Government or a public agency.
(6) The forgiveness, under subsection (3) or (5), of a debt or obligation owed to a public agency, must be reported in the annual report of the public agency for that fiscal year.
Remission of Tax or Penalty
Definitions
63.(1) In this section,
"penalty" includes a penalty, forfeiture or fine payable, or that may be payable, for a contravention of an enactment respecting the collection of public revenue; (pénalité)
"tax" includes a tax, interest, fee, impost or toll as authorized by an enactment. (taxe)
(2) The Commissioner, on the recommendation of the Executive Council, may grant a remission of any tax or penalty paid or payable to Government or to a public agency.
(3) A remission may be total, partial, conditional or unconditional and may be granted by
(a) forbearing to commence a suit or proceeding for the recovery of the tax or penalty;
(b) delaying, staying or discontinuing a suit or proceeding already commenced;
(c) forbearing to enforce, staying or abandoning an execution or process on a judgment;
(d) entering satisfaction on a judgment; or
(e) repaying any sum of money paid to or recovered by Government or the public agency for the tax or penalty.
(4) If a remission is in respect of a tax or penalty already paid, any repayment of the tax or penalty must be charged against the account to which the tax or penalty was credited and must be
(a) paid out of the Consolidated Revenue Fund, in respect of a tax or penalty paid to Government; or
(b) paid out of the appropriate bank account maintained by the public agency, in respect of a tax or penalty paid to a public agency.
(5) If a remission is conditional and that condition is not performed, the remission is void and proceedings may be taken by Government or the public agency as if the remission had not been granted.
Comptroller General record
64.The Comptroller General shall maintain a record of all amounts written off, forgiven and remitted in a Government fiscal year under sections 60, 62 and 63 and other enactments.
Information in public accounts
65.(1) Subject to subsection (2), the Public Accounts for a Government fiscal year must include information about
(a) any write-off during the fiscal year under section 60 or another enactment of an asset, debt or obligation or part of an asset, debt or obligation;
(b) any forgiveness during the fiscal year under section 62 or another enactment of a debt or obligation or part of a debt or obligation; and
(c) any tax or penalty paid or payable to Government or a public agency that is remitted during the fiscal year under section 63 or another enactment.
(2) The requirement under subsection (1) does not include a requirement for information about the write-off of assets, debts or obligations, the forgiveness of debts or obligations, or the remission of taxes or penalties by a public agency that is not part of the government reporting entity.
Public Property
Records of public property
66.A deputy head shall ensure that adequate records are kept in respect of the public property administered by his or her department or public agency.
Disposal of public property belonging to Government
67.(1) If the Board determines that public property that belongs to Government is surplus to the requirements of Government, or that its disposal is in the best interests of Government, the Board may authorize the disposal of the property.
(2) If the governing body of a public agency determines that public property that belongs to the public agency is surplus to the requirements of the public agency, or that its disposal is in the best interests of the public agency, the governing body may authorize the disposal of the property.
(3) The proceeds from the disposal of public property must be credited to an appropriate account.
Petroleum Product Price
Agreements and Transactions
Management of risks: petroleum product prices
68.The Minister of Finance, on behalf of the Commissioner and in accordance with the regulations and with guidelines established by the Board, may enter into agreements and transactions of a financial nature for the management of risks relating to petroleum product prices, including
(a) forward agreements;
(b) commodity swaps; and
(c) master agreements providing for or otherwise respecting an agreement or a transaction referred to in paragraphs (a) and (b).
PART 5
APPROPRIATIONS AND BUDGET
AUTHORITY
Expenditures and Disbursements
Prohibition: expenditure on behalf of Government
69.(1) Subject to subsection (3), no person shall incur an expenditure on behalf of Government unless it is authorized by an appropriation and in accordance with the activity set out in the Estimates on which the appropriation is based.
(2) Subject to subsection (3), an expenditure on behalf of Government must be charged against a vote, department and activity.
(3) Subsections (1) and (2) do not apply in respect of an expenditure from a special purpose fund.
(4) No person shall incur an expenditure on behalf of a public agency unless the expenditure is incurred under the authority of an approved budget.
Prohibition: disbursement from Consolidated Revenue Fund
70.(1) Subject to subsection (3), no person shall make a disbursement from the Consolidated Revenue Fund unless it is in respect of an expenditure incurred or disbursement made under the authority of an appropriation.
(2) Subject to subsection (3), no person shall make a disbursement on behalf of a public agency unless it is in respect of an expenditure incurred or disbursement made under the authority of an approved budget.
(3) Subsections (1) and (2) do not apply to disbursements made in respect of
(a) an exception set out in this Act; or
(b) a loan made under an enactment.
Prohibition: limit on Government expenditure
71.(1) No person shall incur an expenditure that causes the amount of the appropriation set out in the Estimates for a department to be exceeded.
(2) No person shall incur an expenditure that causes the amount of an approved budget for a public agency to be exceeded.
Definition: "activity budget"
72.(1) In this section, "activity budget", in relation to an activity, means an amount of an appropriation set out in the Estimates for the activity.
(2) A Deputy Minister shall take all reasonable measures to ensure that no expenditure is incurred in respect of his or her department that causes an activity budget to be exceeded.
(3) A responsible Minister shall submit to the Minister of Finance a report for the Government fiscal year that provides the details of each case where expenditures exceeded an activity budget.
(4) A report referred to in subsection (3) must be submitted to the Minister of Finance by June 30 following the end of the fiscal year.
(5) The Minister of Finance shall submit a report referred to in subsection (3) to the Board.
(6) A report providing the details of each case where expenditures exceeded an activity budget by an amount greater than $250,000 must be included with the interim financial report.
Definition: "funds"
73.(1) In this section and section 74, "funds", in relation to an activity, means a portion of the amount of an appropriation set out in the Estimates for the activity.
(2) Subject to subsections (3), (4) and (5), the Board, on the recommendation of the responsible Minister, may transfer funds among activities of a department.
(3) The Board may not increase the total amount appropriated for a department in the Estimates when transferring funds under subsection (2).
(4) A transfer of funds allocated in the Estimates for operating expenses for an activity may only be made under subsection (2) if the transfer is a permanent reallocation of funds made because of a change to
(a) a program;
(b) a Government priority; or
(c) the organization of a department.
(5) A transfer of funds set out in the Estimates for infrastructure expenditures for a project may only be made under subsection (2) if
(a) the Board has issued a directive under subsection 10(1) in respect of transfers of funds; and
(b) the transfer complies with the directive.
(6) A transfer of funds under subsection (2) is deemed to have been authorized by an appropriation.
Report on transfer of funds
74.(1) At the end of each quarter of the Government fiscal year, a report must be prepared of all funds transferred under subsection 73(2) in respect of each activity from which funds have been transferred that cumulatively exceed $250,000 for the activity for the fiscal year.
(2) A report referred to in subsection (1) must include information on how the transfers meet the requirements of subsections 73(4) or (5).
(3) The Minister of Finance shall cause a report referred to in subsection (1) to be laid before the Legislative Assembly at the earliest opportunity.
(4) The Public Accounts for a Government fiscal year must include a summary of all funds transferred under subsection 73(2) during the fiscal year.
Transfer among votes
75.(1) At the end of a Government fiscal year, the Board may transfer funds among votes allocated to a department where it is determined that accounting policies require that an expenditure be reallocated from one vote to another.
(2) An expenditure reallocated to another vote under subsection (1) is deemed to have been authorized by an appropriation.
(3) A report of details of any transfers among votes under subsection (1) must be included with the interim financial report.
Other Matters
Lapse of appropriation
76.Subject to this Act, the balance of an appropriation for a Government fiscal year that is not expended as at the end of the fiscal year lapses.
Deemed appropriation
77.(1) Notwithstanding subsections 69(1) and 71(1), where the charging of expenditures to an appropriation would cause the appropriation to be exceeded, the Comptroller General may, at the end of a fiscal year, record the amount by which the liability exceeds the appropriation as a deemed appropriation for that fiscal year.
(2) Where an amount of a liability is recorded as a deemed appropriation under subsection (1), the expenditures in respect of that amount are deemed to have been authorized.
(3) A report in respect of each case where the charging of expenditures to an appropriation would cause the appropriation to be exceeded must be included with the interim financial report.
(4) The report required by subsection (3) must include reasons why the expenditures or amounts recorded as a provision for a loss could not have been addressed within the limits of the original appropriation.
Special Warrants
Interpretation: "not in session"
78.(1) For the purposes of this section, "not in session", in relation to the Legislative Assembly, means that the Legislative Assembly is not sitting and has been prorogued, adjourned indefinitely or adjourned to a specified day.
(2) The Commissioner may issue a special warrant authorizing an expenditure when the Legislative Assembly is not in session and is not scheduled to resume sitting within two weeks from the date of issue, if the Board reports to the Commissioner that
(a) the requirement for the expenditure was unforeseen and the expenditure is urgently and immediately required;
(b) the expenditure is in the public interest;
(c) there is no appropriation or an insufficient appropriation to incur the expenditure;
(d) there are no other means available to address the circumstances giving rise to the need for the expenditure; and
(e) a delay of the expenditure would likely result in
(i) significant monetary loss for Government or the public,
(ii) significant loss of or damage to public or private property, or
(iii) significant personal loss.
(3) When the Legislative Assembly is not in session, the Commissioner may issue a special warrant authorizing an expenditure within the two week period before the Assembly is scheduled to resume sitting, if the Board reports to the Commissioner that
(a) the requirement for the expenditure was unforeseen and the expenditure is urgently and immediately required to address a public emergency or natural disaster;
(b) the expenditure is in the public interest;
(c) there is no appropriation or an insufficient appropriation to incur the expenditure; and
(d) a delay of the expenditure would likely result in loss of life or significant damage to property.
(4) The Board shall issue a directive setting out guidelines for interpretation of the criteria referred to in paragraphs (2)(a) to (e) and (3)(a) to (d).
(5) A special warrant issued under this section is deemed to be an appropriation for the Government fiscal year in which the special warrant is issued and expenditures in accordance with the deemed appropriation are authorized.
(6) The Board may finance a special warrant, in whole or in part, by reducing the amount appropriated for any other department, if the Board considers that
(a) the amount appropriated for the other department is not urgently required; and
(b) the public interest will not be adversely affected.
(7) The Minister of Finance shall
(a) cause a report to be prepared for each sitting of the Legislative Assembly that includes information about each special warrant issued under this section during the period preceding the sitting, including how the requirements of this section were met; and
(b) cause the report referred to in paragraph (a) to be laid before the Legislative Assembly at the earliest opportunity.
(8) The Public Accounts for a Government fiscal year must include a list of all special warrants issued under this section during the fiscal year.
PART 6 EXPENDITURES AND DISBURSEMENTS
General
Duty of deputy head
79.A deputy head shall take all reasonable measures to ensure that no expenditure is incurred and no disbursement is made in respect of his or her department or public agency that contravenes this Act, any other enactment, a directive or an order made under an enactment.
Statement of Comptroller General
80.(1) The Comptroller General shall prepare a statement for each Government fiscal year listing the details of each case
(a) where, in respect of money that belongs to Government, the Comptroller General is aware that
(i) more money has been expended than had been appropriated,
(ii) a disbursement has been made for a purpose that is not consistent with an appropriation,
(iii) a disbursement has been made in contravention of this Act or the regulations, or
(iv) a disbursement has been made that, in the opinion of the Comptroller General, is in any other way irregular or unlawful; and
(b) where a decision of the Comptroller General to prohibit the making of a disbursement has been reversed or varied by the Board under subsection 93(3).
(2) The Comptroller General shall provide the statement required by subsection (1) to the Board and the Auditor General by September 30 following the end of the Government fiscal year.
Receipt in same fiscal year
81.(1) An amount received and deposited in the Consolidated Revenue Fund in a Government fiscal year as a refund or repayment of an expenditure incurred or accountable advance made in the same fiscal year must be credited to the appropriation against which the expenditure or accountable advance was charged.
(2) An amount received and deposited in the Consolidated Revenue Fund in a Government fiscal year as a refund or repayment of an expenditure incurred or accountable advance made in a previous fiscal year must be credited to an appropriate revenue account.
Expenditure and Accounting
Authority
Prohibition: expenditure
82.A person shall not incur an expenditure unless he or she is an expenditure officer.
Designation of accounting and expenditure officers for departments
83.(1) Subject to subsections (2) and (4), the responsible Minister and the Deputy Minister for a department may each designate public officers in the department, or service contractors attached to the department, by reference to their names or positions, as
(a) accounting officers for the department; or
(b) expenditure officers for the department.
(2) A person may not be designated under paragraph (1)(a) as an accounting officer without the approval of the Comptroller General.
(3) Subject to subsection (4), the responsible Minister and the deputy head of a public agency may each designate public officers in the public agency, or service contractors attached to the public agency, by reference to their names or positions, as
(a) accounting officers for the public agency; or
(b) expenditure officers for the public agency.
(4) A corporation is not eligible to be designated as an accounting officer or an expenditure officer.
(5) A person may be designated under subsection (1) or (3) as both an accounting officer and an expenditure officer.
(6) A person who has been designated as both an accounting officer and an expenditure officer shall not act in both capacities in the same transaction.
Designation of accounting officer for other department
84.(1) Subject to subsection (2), the responsible Minister or the Deputy Minister for a department may designate an accounting officer for that department to act as an accounting officer for another department.
(2) A designation may not be made under subsection (1) without the approval of the Comptroller General and the Deputy Minister for the department for which the accounting officer will be designated to act.
(3) A person designated as an accounting officer for one department shall not act for another department unless he or she has been designated to do so under subsection (1).
Designation of expenditure officer for other department
85.(1) Subject to subsection (2), the responsible Minister or the Deputy Minister for a department may designate an expenditure officer for that department to act as an expenditure officer for another department.
(2) A designation may not be made under subsection (1) without the approval of the Deputy Minister for the department for which the expenditure officer will be designated to act.
(3) An expenditure officer appointed for one department shall not act for another department unless he or she has been designated to do so under subsection (1).
Suspension or revocation by Minister or Deputy Minister
86.(1) The responsible Minister and the Deputy Minister for a department may each suspend or revoke a designation made by the Minister or Deputy Minister under subsection 83(1), 84(1), or 85(1) of a person as an accounting officer or expenditure officer.
(2) The responsible Minister and a deputy head of a public agency may each suspend or revoke a designation made by the Minister or deputy head under subsection 83(3) of a person as an accounting officer or expenditure officer.
(3) The Comptroller General may suspend or revoke a designation made under subsection 83(1) or 84(1) of a person as an accounting officer for a department.
(4) The Board may suspend or revoke a designation made under subsection 83(1), 83(3), 84(1) or 85(1) of a person as an accounting officer or as an expenditure officer or as both.
Report to Board by Comptroller
87.(1) The Comptroller General shall report to the Board the details of each case where he or she
(a) has not approved the designation of a person as an accounting officer; or
(b) has suspended or revoked the designation of a person as an accounting officer.
(2) The Board may vary or reverse a decision of the Comptroller General.
Limits on authority of Government
88.The Board may, by directive, fix monetary limits on the authority of
(a) expenditure officers to incur expenditures and to certify those matters referred to in paragraphs 90(1)(a), 92(1)(a) and 95(1)(a); and
(b) accounting officers to certify those matters referred to in paragraphs 90(1)(b), 92(1)(b) and 95(1)(b).
Limits on authority of public agency
89.The governing body of a public agency may fix monetary limits on the authority of
(a) expenditure officers to incur expenditures and to certify those matters referred to in paragraphs 91(1)(a), 92(1)(a) and 95(2)(a); and
(b) accounting officers to certify those matters referred to in paragraphs 91(1)(b), 92(1)(b) and 95(2)(b).
Expenditures
Prohibition: expenditure controls for
90.(1) Subject to subsection (2), no person shall incur an expenditure on behalf of Government unless
(a) an expenditure officer certifies that
(i) the expenditure is being incurred pursuant to an appropriation,
(ii) all reasonable measures have been taken to ensure that there is a sufficient uncommitted balance in the activity, set out in the Estimates on which the appropriation is based, to incur the expenditure,
(iii) the expenditure is consistent with the purpose of the activity set out in the Estimates on which the appropriation is based, and
(iv) if the expenditure is subject to any statutory conditions, those conditions are met; and
(b) an accounting officer certifies that
(i) an expenditure officer has certified those matters specified in paragraph (a),
(ii) the accounting officer has satisfied himself or herself that there is no reason why the expenditure should not be incurred,
(iii) all reasonable measures have been taken to ensure that there is a sufficient uncommitted balance in the activity, set out in the Estimates on which the appropriation is based, to incur the expenditure, and
(iv) the amount of the expenditure is accurate.
(2) Subsection (1) does not apply in respect of an expenditure from a special purpose fund.
(3) A Deputy Minister shall ensure that records of certifications made under subsection (1) are kept as the Board directs.
Prohibition: expenditure controls for
91.(1) No person shall incur an expenditure on behalf of a public agency unless
(a) an expenditure officer certifies that
(i) the expenditure is being incurred pursuant to an approved budget,
(ii) the expenditure is consistent with the purpose set out in the approved budget, and
(iii) if the expenditure is subject to any statutory conditions, those conditions are met; and
(b) an accounting officer certifies that
(i) an expenditure officer has certified those matters specified in paragraph (a),
(ii) the accounting officer has satisfied himself or herself that there is no reason why the expenditure should not be incurred, and
(iii) the amount of the expenditure is accurate.
(2) The deputy head of a public agency shall ensure that records of certifications made under subsection (1) are kept as the governing body of the public agency directs.
Disbursements
Prohibition: disbursement controls
92.(1) No person shall make a disbursement on behalf of Government or a public agency unless
(a) an expenditure officer certifies that
(i) there is money available for the purpose for which the disbursement is intended,
(ii) if the disbursement is being made from a revolving fund, the purpose of the disbursement is consistent with the purpose for which the fund was established,
(iii) if the disbursement is being made from a trust fund, the disbursement is consistent with the terms of the trust and with policies in respect of trusts established under paragraph 13(2)(e),
(iv) if the disbursement is being made in respect of a contract or other agreement, the disbursement is in accordance with the contract or agreement and, if the amount of the disbursement is not specified in the contract or agreement, it is fair in the circumstances,
(v) if the disbursement is for property supplied or services rendered, the property or services were supplied or rendered in accordance with the contract or other agreement, and
(vi) if the disbursement is subject to any statutory conditions, those conditions are met; and
(b) an accounting officer certifies that
(i) an expenditure officer has certified those matters specified in paragraph (a),
(ii) the accounting officer has satisfied himself or herself that there is no reason why the disbursement should not be made,
(iii) there is money available for the purpose for which the disbursement is intended, and
(iv) the amount of the disbursement is accurate.
(2) A Deputy Minister shall ensure that records of certifications made under subsection (1) are kept as the Board directs.
(3) The deputy head of a public agency shall ensure that records of certifications made under subsection (1) are kept as the governing body of the public agency directs.
Prohibiting a disbursement
93.(1) The Comptroller General may prohibit the making of any disbursement of money that belongs to or is administered by Government.
(2) If the Comptroller General prohibits the making of a disbursement, the Deputy Minister or the person administering or entrusted with the funds from which the disbursement was to have been made may request that the prohibition be reviewed by the Board.
(3) On a request for a review under subsection (2), the Board shall review the prohibition and may confirm, reverse or vary the decision of the Comptroller General to prohibit the disbursement.
Disbursement of public money
94.(1) A disbursement of public money must be made by a cheque or transfer that is
(a) drawn on or made from a bank account referred to in section 43 or 44;
(b) signed or authorized in the manner that the Board or the governing body of a public agency directs; and
(c) prepared in accordance with the directions of the Comptroller General or the governing body of a public agency.
(2) Notwithstanding subsection (1),
(a) the Comptroller General may authorize the establishment and use of petty cash funds and imprest bank accounts for Government; and
(b) the governing body of a public agency may authorize the establishment and use of petty cash funds and imprest bank accounts for the public agency.
Contracts
Prohibition: Government contract
95.(1) No person shall enter into a contract or assume an obligation for or on behalf of Government that requires an expenditure in the same Government fiscal year, unless
(a) an expenditure officer certifies that
(i) the expenditure is being incurred pursuant to an appropriation,
(ii) all reasonable measures have been taken to ensure that there is a sufficient uncommitted balance in the activity, set out in the Estimates on which the appropriation is based, to incur the expenditure,
(iii) the expenditure is consistent with the purpose of the activity set out in the Estimates on which the appropriation is based, and
(iv) if the expenditure is subject to any statutory conditions, those conditions are met; and
(b) an accounting officer certifies that
(i) an expenditure officer has certified those matters specified in paragraph (a),
(ii) the accounting officer has satisfied himself or herself that there is no reason why the expenditure should not be incurred,
(iii) all reasonable measures have been taken to ensure that there is a sufficient uncommitted balance in the activity, set out in the Estimates on which the appropriation is based, to incur the expenditure, and
(iv) the amount of the expenditure is accurate.
(2) No person shall enter into a contract or assume an obligation for or on behalf of a public agency that requires an expenditure in the same fiscal year, unless
(a) an expenditure officer certifies that
(i) the expenditure is being incurred pursuant to an approved budget,
(ii) the expenditure is consistent with the purpose of the activity set out in the approved budget, and
(iii) if the expenditure is subject to any statutory conditions, those conditions are met; and
(b) an accounting officer certifies that
(i) an expenditure officer has certified those matters specified in paragraph (a),
(ii) the accounting officer has satisfied himself or herself that there is no reason why the expenditure should not be incurred, and
(iii) the amount of the expenditure is accurate.
(3) A deputy head shall ensure that records of certifications made under subsections (1) and (2) are kept as the Board or the governing body of the public agency directs.
(4) Notwithstanding subsections (1) and (2), if a deputy head is satisfied that a contract or other agreement requiring an immediate disbursement is needed to protect public property or to provide for an emergency, the deputy head may exempt the contract or other agreement from the operation of those subsections.
(5) A deputy head shall give the Board written notice of an exemption made under subsection (4) at the earliest opportunity.
(6) No person shall enter into a contract or assume an obligation for or on behalf of Government or a public agency that requires an expenditure in a subsequent fiscal year, unless
(a) the person considers that
(i) the circumstances require that such an expenditure be incurred, and
(ii) the contract or obligation is in the public interest;
(b) the contract is entered into or the obligation is assumed in accordance with the directions of the Minister responsible for the department or public agency that administers the contract or is subject to the obligation, for any particular case or class of cases; and
(c) in the case of a contract made or obligation assumed by or on behalf of Government, notice of section 97 is given to any person to whom a disbursement will be made in respect of the expenditure.
Effect of contravention
96.A contract made or obligation assumed in contravention of subsection 95(1) or (2) or paragraph 95(6)(b) is not binding on Government or the public agency.
Condition in contracts
97.It is a condition of every contract and other agreement made by or on behalf of Government requiring an expenditure that an expenditure pursuant to the contract or agreement will be incurred only if there is a sufficient uncommitted balance in the appropriation for the department for the Government fiscal year in which the expenditure is required under the contract or agreement.
Accountable Advances
Accountable advances from Consolidated Revenue Fund
98.(1) The Comptroller General may make accountable advances from the Consolidated Revenue Fund
(a) to a public officer, service contractor or other person temporarily or otherwise employed or engaged in public business, for the purpose of paying for travel or other necessary expenses;
(b) to a person or group pursuant to an agreement made by or on behalf of Government; or
(c) to any other person or group for any other purpose authorized by an Act or the Board.
(2) A person who receives an accountable advance under subsection (1) shall
(a) account for it in accordance with applicable directives; and
(b) on demand of the Comptroller General and in accordance with applicable directives, repay any portion of the advance not accounted for under paragraph (a).
(3) If a person who received an accountable advance from the Consolidated Revenue Fund has not accounted for it by the end of the Government fiscal year in which it was made, that person shall repay or account for it within the time that the Board may determine in any particular case or class of cases.
Accountable advances from public agency
99.(1) The deputy head of a public agency may make accountable advances of money that belongs to the public agency
(a) to a public officer, service contractor or other person temporarily or otherwise employed or engaged in public business, for the purpose of paying for travel or other necessary expenses;
(b) to a person or group pursuant to an agreement made by or on behalf of the public agency; or
(c) to any other person or group for any other purpose authorized by an Act or the responsible Minister.
(2) A person who receives an accountable advance under subsection (1) shall
(a) account for it in accordance with applicable directives; and
(b) on demand of the Comptroller General or deputy head of the public agency and in accordance with applicable directives, repay any portion of the advance not accounted for under paragraph (a).
(3) If a person who received an accountable advance of money that belongs to a public agency has not accounted for it by the end of the fiscal year in which it was made, that person shall repay or account for it within the time that the governing body of the public agency may determine in any particular case or class of cases.
Interest on Advances
Advance from Consolidated Revenue Fund
100.(1) Subject to subsection (2), a public agency or revolving fund that receives an advance from the Consolidated Revenue Fund must pay interest on the advance at the rate and on the terms that the Board directs.
(2) The Board may exempt a public agency or revolving fund from the payment of all or any part of the interest payable under subsection (1).
PART 7
SPECIAL PURPOSE FUNDS
Prohibition: limit on disbursement
101.Subject to this Act and any other enactment, no person shall make a disbursement from a special purpose fund of more money than is available in the applicable account.
Disbursement from special purpose fund
102.(1) Money from a special purpose fund that is deposited into an account forming part of the Consolidated Revenue Fund may be disbursed from that account for its special purpose without further authorization by an appropriation and without being charged to an appropriation.
(2) Subject to an enactment, the Board may direct that interest, at a rate fixed by the Board, be paid from the Consolidated Revenue Fund in respect of the money referred to in subsection (1).
Establishment of revolving fund
103.A revolving fund may only be established by an Act.
Year end
104.At the end of each Government fiscal year, a deputy head of a department or public agency that administers a revolving fund shall
(a) prepare a balance sheet and a statement of operations for the revolving fund and any other information that the Comptroller General may require;
(b) transfer any profit in a revolving fund to the Consolidated Revenue Fund as public revenue; and
(c) charge any loss in the revolving fund to an appropriation.
Deletion from inventory by deputy head
105.(1) A deputy head of a department or public agency that administers a revolving fund that includes inventory may, on the recommendation of a public officer, direct that property that does not exceed a value of $50,000 be deleted from the inventory account.
(2) The Board, on the recommendation of a responsible Minister, may direct that property that exceeds a value of $50,000 be deleted from the inventory account of a revolving fund that includes inventory.
Third party project funding: disbursement
106.(1) A disbursement may be made from the Consolidated Revenue Fund for expenditures incurred in relation to a project to be funded from third party project funding, in advance of receipt of funds from a party funding the project, if a funding party has agreed to reimburse Government for expenditures relating to the project, and
(a) a signed agreement in relation to the project has been entered into between Government and the funding party;
(b) the funding party is the Government of Canada and a memorandum of agreement to enter into a final agreement in relation to the project has been signed by Government and the funding party; or
(c) in the case of a planned renewal of a funding agreement,
(i) the funding party has notified Government that there will be a renewal, and
(ii) the Board approves the disbursement.
(2) If it is determined that any amount of a disbursement made under subsection (1) cannot be recovered from a funding party, the unrecovered amount must be charged to an appropriation.
(3) The Estimates must include information in respect of
(a) each agreement referred to in subsection (1) that, at the time the Estimates are prepared, has been or is expected to be entered into; and
(b) each memorandum of agreement referred to in subsection (1) that, at the time the Estimates are prepared, has been or is expected to be signed. PART 8
BORROWING AND DEBT MANAGEMENT
Borrowing plan
107.(1) The Minister of Finance shall prepare an annual borrowing plan that includes, for the government reporting entity,
(a) information in respect of all existing borrowing and all projected borrowing for a Government fiscal year;
(b) the proposed limit on amounts to be borrowed for terms of 365 days or less; and
(c) the proposed limit on amounts to be borrowed for terms greater than 365 days.
(2) The Minister of Finance shall cause the borrowing plan to be laid before the Legislative Assembly with the Estimates under subsection 22(1).
Establishment of borrowing limits
108.An appropriation bill, referred to in section 24, must
(a) set out limits on amounts that may be borrowed by the Commissioner on behalf of Government, including
(i) the limit on amounts to be borrowed for terms of 365 days or less, and
(ii) the limit on amounts to be borrowed for terms greater than 365 days;
(b) include information in respect of all existing borrowing and all projected borrowing for the Government fiscal year; and
(c) authorize the making of disbursements to pay the principal of amounts borrowed.
Prohibition: borrowing
109.No person shall borrow money for or on behalf of Government or a public agency unless the borrowing of money is authorized by this Act or another enactment.
Borrowing authority
110.(1) Subject to section 28 of the Northwest Territories Act and the borrowing limits referred to in section 108 of this Act, the Commissioner, on behalf of Government, may borrow money to ensure that the Consolidated Revenue Fund is sufficient to meet disbursements lawfully authorized to be made from it.
(2) The Commissioner, on behalf of Government, may enter into and execute borrowing agreements with lending institutions, investment dealers or other persons.
(3) An agreement referred to in subsection (2) may provide for borrowing by way of overdraft, term note, debenture loan, the sale of securities or other investments, or any other arrangement.
Authority of Commissioner
111.The Commissioner may do any act and exercise any power necessary for the purpose of fulfilling the obligations and enforcing the rights of Government in respect of borrowing under subsection 110(1) and borrowing agreements under subsection 110(2).
Authorization
112.The Commissioner may authorize the Minister or Deputy Minister of the Department of Finance to exercise any of the powers or perform any of the duties of the Commissioner under sections 110 and 111.
Requirement for Board approval for Government borrowing
113.Notwithstanding sections 110 and 112, money may not be borrowed by or on behalf of Government without the approval of the Board, on the recommendation of the Minister of Finance.
Prohibition: public agency borrowing
114.Notwithstanding any other Act, a public agency that is part of the government reporting entity shall not borrow money without the approval of the Board on the recommendation of the responsible Minister and the Minister of Finance.
Definition: "reporting public agency"
115.(1) In this section and section 116, "reporting public agency" means a public agency that is part of the government reporting entity and that is authorized by an enactment to borrow money.
(2) Before making a request to the Board for approval to borrow money, a reporting public agency shall first consult with the responsible Minister and then with the Minister of Finance.
(3) To ensure the most economical cost of borrowing, the Minister of Finance may participate in negotiations in respect of the proposed source from which money may be borrowed by a reporting public agency and the terms and conditions of the proposed borrowing agreement.
Borrowing request by public agency
116.(1) A request by a reporting public agency to the Board for approval to borrow money must include
(a) the reasons for borrowing money;
(b) the proposed source from which money will be borrowed; and
(c) the proposed terms and conditions of the borrowing agreement.
(2) On considering a request by a reporting public agency for approval to borrow money, the Board shall ensure that it does not authorize the public agency to borrow money in an amount that would contravene an amount set under subsection 28(4) of the Northwest Territories Act, or the applicable borrowing limits referred to in section 108 of this Act.
Prohibition: borrowing by other reporting body
117.(1) Notwithstanding any other Act, an other reporting body shall not borrow money without the approval of the Board on the recommendation of the Minister of Finance.
(2) Before making a request to the Board for approval to borrow money, an other reporting body shall consult with the Minister of Finance.
(3) To ensure the most economical cost of borrowing, the Minister of Finance may participate in negotiations in respect of the proposed source from which money may be borrowed by an other reporting body and the terms and conditions of the proposed borrowing agreement.
Borrowing request by other reporting
118.(1) A request by an other reporting body to the Board for approval to borrow money must include
(a) the reasons for borrowing money;
(b) the proposed source from which money will be borrowed; and
(c) the proposed terms and conditions of the borrowing agreement.
(2) On considering a request by an other reporting body for approval to borrow money, the Board shall ensure that it does not authorize the other reporting body to borrow money in an amount that would contravene an amount set under subsection 28(4) of the Northwest Territories Act, or the applicable borrowing limits referred to in section 108 of this Act.
Approval required for capital lease
119.No person shall, for or on behalf of Government, a public agency that is part of the government reporting entity, or an other reporting body, enter into a capital lease, as that term is used in the CPA Canada Public Sector Accounting Handbook, as amended from time to time, unless the Board approves the lease.
PART 9
GUARANTEES AND INDEMNITIES
Guarantees
Prohibition: guarantees
120.(1) No person shall make a guarantee for or on behalf of Government, a public agency that is part of the government reporting entity or an other reporting body unless
(a) the guarantee is authorized by this Act or another enactment; and
(b) the guarantee is approved by the Board.
(2) A guarantee made in contravention of subsection (1) is not binding on Government.
Authority to make guarantee
121.(1) The Commissioner, on the recommendation of the Board, may, in writing, make a guarantee on behalf of Government in respect of a liability that does not exceed $500,000.
(2) For greater certainty, the authority under subsection (1) to make a guarantee is in addition to authority in other enactments to make guarantees.
Signing of guarantees by Government
122.Subject to this Act and the regulations, a document evidencing a guarantee made by or on behalf of Government may be executed by the Minister of Finance on behalf of the Commissioner.
Source of payment for Government guarantee
123.A payment made pursuant to a guarantee made for or on behalf of Government must be made from the Consolidated Revenue Fund and the amount of the payment that is not recovered must be charged against a suitable appropriation.
Source of payment for public agency guarantee
124.A payment made pursuant to a guarantee made by a public agency that is part of the government reporting entity must be made from an approved budget of the public agency.
Indemnities
Prohibition:
125.No person shall make an indemnity for or on behalf of Government or a public agency unless the indemnity is authorized by this Act or another enactment.
Indemnity authority
126.(1) Subject to subsection (2), a Minister, on the recommendation of the Board, may, in writing, make an indemnity on behalf of Government or a public agency.
(2) A Minister other than the Minister of Finance must obtain approval from the Minister of Finance before requesting the Board to recommend the making of an indemnity.
(3) The Board shall not recommend the making of an indemnity under subsection (1) unless it is satisfied that
(a) appropriate measures have been taken to minimize potential risk to Government or the public agency; and
(b) insurance is not available or is only available on uneconomic terms.
(4) Subject to subsection (5), at least 14 days before the Board recommends the making of an indemnity under subsection (1), the Minister of Finance shall give notice, in accordance with the regulations, to members of the Legislative Assembly, if the maximum liability under the indemnity exceeds $500,000 or cannot be quantified.
(5) Subsection (4) does not apply in respect of an indemnity made to the benefit of an individual who is or was an employee, as defined in the Public Service Act, or a class of such individuals, in respect of the defence and settlement of actions, proceedings or prosecutions arising out of acts or failures to act by the individual during the course of and within the scope of the employment or powers or duties of the individual.
Authority for incidental indemnity
127.(1) A Minister or his or her delegate may enter into a contract or other agreement that contains an indemnity by Government or a public agency that is incidental to the primary purposes of the agreement, if it is reasonable to assume that it is unlikely that liability pursuant to the indemnity will arise from the performance of the agreement.
(2) The requirements of section 126 do not apply in respect of an incidental indemnity referred to in subsection (1).
Source of payment for Government indemnity
128.(1) A payment made pursuant to an indemnity made by or on behalf of Government under subsection 126(1) or section 127 must be made from the Consolidated Revenue Fund and the amount of the payment that is not recovered must be charged against a suitable appropriation.
(2) A payment made pursuant to an indemnity made by or on behalf of a public agency under subsection 126(1) or section 127 must be made from an approved budget of the public agency.
Report on guarantees and indemnities
129.(1) Each deputy head whose department or public agency administered or made a guarantee or indemnity during a fiscal year shall prepare a report for the Board for that fiscal year
(a) summarizing the guarantees and indemnities made in that fiscal year;
(b) showing the total amount of contingent liability under all guarantees outstanding as at the end of the fiscal year;
(c) in the case of indemnities with quantified contingent liability, showing the total amount of that liability outstanding as at the end of the fiscal year;
(d) showing the amounts paid during that fiscal year as a result of any liability under the guarantees and indemnities; and
(e) showing the amounts recovered during that fiscal year by Government or the public agency from any person through the exercise of a right arising from any liability under a guarantee or indemnity.
(2) The total amount of contingent liability under all guarantees made by Government and public agencies that are outstanding as at the end of the applicable fiscal year must be reported in the Public Accounts for that fiscal year.
(3) The total amount of any quantified contingent liability under indemnities made by Government or a public agency that are outstanding as at the end of the applicable fiscal year must be reported in the Public Accounts.
PART 10
GENERAL
Assignments
Definition: "debt"
130.(1) In this section and section 131, "debt" includes an existing debt, a future debt and a chose in action.
(2) Subject to subsection (3), the Public Service Garnishee Act and any other enactment, Government is not bound by an assignment
(a) by a public officer or service contractor, of salary or wages owing to him or her; or
(b) by any person of a debt owed to that person by Government.
(3) The Comptroller General may, in writing, exempt particular assignments, other than assignments of negotiable instruments, from the operation of subsection (2).
Public agency not bound by assignment
131.(1) Subject to subsection (2), the Public Service Garnishee Act and any other enactment, a public agency is not bound by an assignment
(a) by a public officer or service contractor, of salary or wages owing to him or her; or
(b) by any person of a debt owed to that person by the public agency.
(2) A deputy head of a public agency may, in writing, exempt particular assignments, other than assignments of negotiable instruments, from the operation of subsection (1).
Intergovernmental Supply and Service
Charges for property or services
132.(1) The Board may designate a department as one that may charge a public agency, revolving fund or another department for the supply of property or for a service.
(2) A designation under subsection (1) may
(a) specify the property or service or classes of property or services that are subject to charges;
(b) fix the rates to be charged; and
(c) specify the fund or account to which the payment of charges is to be credited.
Bonding
Board direction and criteria
133.The Board may direct that a public officer or service contractor must be bonded in any particular case or class of cases and may establish criteria respecting bonding.
Recovery of Money and Property
Definition: "compliance notice"
134.(1) In subsections (3) and (4) and section 135, "compliance notice" means a compliance notice referred to in subsection (2).
(2) The Minister of Finance may cause a compliance notice to be served on a person or his or her personal representative, if the Minister has reason to believe that the person
(a) has received public money, or other money administered by Government or a public agency, and has not duly paid it over to Government or a public agency;
(b) is in possession of money referred to in paragraph (a) that is applicable to a purpose but has not applied it to that purpose; or
(c) has received money referred to in paragraph (a) for which the person is accountable but has not duly accounted for it.
(3) A compliance notice may require a person or his or her personal representative, within the time from the service of the notice that is stated in the notice,
(a) to pay over the money, apply the money to the applicable purpose, or account for the money in accordance with the notice; and
(b) to transmit to the Minister of Finance satisfactory evidence of having paid over, applied or accounted for the money.
(4) A compliance notice may be served by delivering a copy of it to the person to whom it is addressed or by mailing it by registered mail to the person at his or her last known address.
Statement of account
135.If a person fails to comply with a compliance notice served under subsection 134(4) within the time stated in the notice, the Minister of Finance may prepare a statement of the account between that person and Government or a public agency showing the amount of money not duly paid over, applied or accounted for, as the case may be, and may charge interest on the whole or any part of it at a rate and from a date that the Board may determine.
Evidence
136.In any proceedings to recover public money, or other money administered by Government or a public agency, a copy of the statement of account prepared and certified as true by the Minister of Finance must be admitted into evidence and is, in the absence of evidence to the contrary, proof that the amount stated in it and any interest charged is a debt due to Government or a public agency, without proof of the appointment or signature of the Minister of Finance.
Liability for lost public money
137.(1) If the misconduct, wilful neglect of duty or gross negligence of a person responsible for handling public money, or other money administered by Government or a public agency, results in a loss to Government or the public agency, that person is liable for the amount of money that is lost.
(2) Government or a public agency may recover lost money, referred to in subsection (1), from the person who is liable for it as if the person had received it.
(3) If public property is lost or destroyed through the misconduct or negligence of a public officer, Government or a public agency may, in accordance with the regulations, recover all or part of the loss from the public officer.
Directives
Effect of enactment
138.(1) A directive is of no effect to the extent that it is inconsistent with an enactment.
(2) A person to whom or body to which a directive is issued shall ensure that it is implemented in a prompt and efficient manner.
(3) A directive is not a statutory instrument for the purposes of the Statutory Instruments Act.
Public Agency Officer Duties
Definition: "director"
139.(1) In this section, "director", in relation to a public agency, means
(a) a member or director of a public agency; or
(b) a member or director of a governing body of a public agency.
(2) In the exercise of powers and the performance of duties and functions, each director and officer of a public agency shall
(a) act honestly and in good faith with a view to the best interests of the public agency; and
(b) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances.
(3) Each director and officer of a public agency shall comply with this Act and any other enactment that applies to the public agency.
(4) A director or an officer of a public agency is not liable for a breach of duty under subsection (2) or (3) if the director or officer relies in good faith on
(a) financial statements of the public agency represented by an officer of the public agency, or in a written report of the auditor of the public agency, to fairly reflect the financial condition of the public agency; or
(b) a report of a lawyer, accountant, engineer, appraiser or other person whose position or profession lends credibility to the report.
Confidentiality of Information
Restriction on disclosure of information
140.A person who receives information under this Act from a person whose right to disclose that information is restricted by law, holds that information under the same restrictions respecting disclosure as those which governed the person who disclosed the information.
Offences and Punishment
Prohibitions: public officers and others
141.(1) No public officer or other person acting in an office or employment connected with the collection, management or disbursement of public money, or other money administered by Government or a public agency, shall
(a) without lawful authority receive compensation or reward for the performance of an official duty;
(b) conspire or collude with any other person to defraud Government or a public agency, or make opportunity for any person to defraud Government or a public agency;
(c) intentionally permit or enable a person to contravene this Act or the regulations;
(d) wilfully make or sign a false entry in any record, or wilfully make or sign a false certificate or return when under a duty to make an entry, certificate or return;
(e) fail to report, in writing, to a superior officer, any knowledge or information that he or she has in respect of
(i) a contravention by any person of this Act or any enactment respecting such money, or
(ii) a fraud committed by any person against Government, under this Act or any enactment respecting such money; or
(f) without lawful authority, demand or accept or attempt to collect, directly or indirectly, as payment or gift or otherwise, a sum of money, or other thing of value, for the compromise, adjustment or settlement of a charge or complaint for any contravention or alleged contravention of law.
(2) A person who contravenes subsection (1) is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding $5,000, to imprisonment for a term not exceeding five years, or to both.
Prohibitions: Government corporations
142.(1) No person shall, unless authorized by an Act to do so,
(a) procure the incorporation of a corporation, any shares of which, on incorporation, would be held by, on behalf of or in trust for Government or a public agency;
(b) acquire shares of a corporation that, on acquisition, would be held by, on behalf of or in trust for Government or a public agency;
(c) dispose of shares of a corporation that are held by, on behalf of or in trust for Government or a public agency; or
(d) procure the dissolution or amalgamation of a corporation, any shares of which are held by, on behalf of or in trust for Government or a public agency.
(2) For the purposes of subsection (1), shares held by, on behalf of or in trust for a corporation owned by Government are deemed to be held on behalf of Government.
Offence and punishment
143.Every person who wilfully contravenes or fails to comply with this Act or the regulations is guilty of an offence punishable on summary conviction and, except as otherwise provided, is liable to a fine not exceeding $5,000, to imprisonment for a term not exceeding one year, or to both.
Limitation period
144.A prosecution for an offence under this Act or the regulations may not be commenced more than two years after the time when the subject matter of the proceedings arose.
Regulations
Regulations
145.The Commissioner, on the recommendation of the Board, may make regulations
(a) defining terms that are used but not defined in this Act;
(b) respecting the organization of and procedures for the Board;
(c) respecting any matter referred to in subsections 7(1) and (2);
(d) respecting the delegation of powers and duties under subsection 19(1), including the powers of the Board that may be delegated, and respecting the delegation of powers and duties under subsections 19(2), (3) and (4) and 59(3), 60(3) and 62(4);
(e) respecting the collection, management and accounting of public money and other money administered by Government or a public agency;
(f) respecting the keeping of financial records by Government;
(g) respecting the planning and accountability framework, including
(i) content of the framework,
(ii) the applicability of the framework or parts of it to departments and public agencies,
(iii) time limits for review of the mandates and operations of public agencies,
(iv) compliance with the framework, and
(v) reporting, including reporting to the Legislative Assembly, the Board and the Minister of Finance;
(h) respecting the investment of money under sections 51 and 52, including
(i) the diversification of investments, and
(ii) the minimum standards of credit worthiness required of issuers of securities or other investments;
(i) respecting the disposition and holding of securities and other investments under subsections 51(2) and 52(4);
(j) respecting the charging of interest on the late payment of debts owed to Government or a public agency, and prescribing interest rates for the purpose of section 54, including different interest rates for different classes of debt;
(k) respecting the granting of discounts for the early payment of debts to Government or a public agency, and prescribing discount rates for the purpose of section 55, including different discount rates for different classes of debt;
(l) respecting compromise agreements referred to in section 59;
(m) respecting the write-off of assets, debts and obligations, the forgiveness of debts and obligations and the remission of taxes and penalties;
(n) respecting the acquisition, receipt, custody, issue, disposal and control of public property;
(o) respecting agreements and transactions referred to in section 68, the manner in which they may be made and conditions applicable to those agreements and transactions, including minimum standards of creditworthiness required of counter parties; respecting the powers and duties of accounting officers and expenditure officers; respecting disbursements, including requisitions for disbursements and the manner in which disbursements are to be made; respecting the manner in which contracts, agreements and undertakings made by or on behalf of Government may be made, the conditions of contracts including the security to be given, and respecting any matter incidental to contracts, agreements or undertakings; exempting a contract or other agreement, or a class of contracts or other agreements from the operation of any provision of this Act or the regulations; respecting accountable advances; respecting the operation of a revolving fund in relation to methods of
(i) accounting,
(ii) charging and crediting a revolving fund, and
(iii) valuing inventory; respecting working capital advances and revolving funds established under any Act; respecting guarantees and indemnities made by or on behalf of Government or a public agency and respecting notice to be given to the Legislative Assembly under subsection 126(4); exempting
(i) an indemnity or class of indemnity from the operation of sections 125 and 126 of this Act, or
(ii) a guarantee, indemnity or class of guarantee or indemnity from the operation of any provision of the regulations; respecting documents to be submitted in connection with a notice of assignment to Government or a public agency and the form and manner of completion of documents;
(z) prescribing further exceptions and exemptions to sections 130 and 131;
(z.1) respecting the recovery under subsection 137(3) of all or any part of any loss or destruction of public property caused through the misconduct or negligence of a public officer;
(z.2) exempting a public agency that is not part of the government reporting entity, or specified funds that belong to a public agency that is not part of the government reporting entity, from the application of any provision of this Act or the regulations in respect of public money;
(z.3) establishing requirements, restrictions, prohibitions and penalties, in addition to those set out in this Act, in relation to matters dealt with in this Act and the regulations;
(z.4) prescribing any matter or thing that by this Act may or is to be prescribed; and
(z.5) respecting any other matter that the Board considers necessary or advisable to carry out the purposes and provisions of this Act.
Regulations: fees
146.The Commissioner, on the recommendation of the Minister responsible for a department or public agency, may make regulations respecting fees to be charged to a person for services provided by the department or public agency.
TRANSITIONAL
Definition: "former Act"
147.(1) In this section and section 148, "former Act" means the Financial Administration Act, R.S.N.W.T. 1988, c.F-4.
(2) On the coming into force of this subsection, in so far as it is not inconsistent with this Act,
(a) a directive issued under the former Act is deemed to be issued under this Act until it is replaced or revoked;
(b) a direction given under the former Act is deemed to be given under this Act until it is replaced or revoked; and
(c) a designation made under the former Act is deemed to be made under this Act until it is replaced or revoked.
Write-offs
148.(1) On the coming into force of this subsection, a public officer directed under the former Act, before the day this subsection comes into force, to write-off an asset of Government or a public agency, or a debt or obligation owed to Government or a public agency, may write-off the asset, debt or obligation, in accordance with the direction, as if the former Act had not been repealed.
(2) On the coming into force of this subsection, a guarantee approved under the former Act, before the day this subsection comes into force, may be made as if the former Act had not been repealed.
(3) On the coming into force of this subsection, an indemnity approved under the former Act, before the day this subsection comes into force, may be made as if the former Act had not been repealed.
Repeal of item 6.1 Schedule A
149.Item 6.1 of Schedule A is repealed on the later of
(a) the day this section comes into force; and
(b) the day the Legal Aid Act, S.N.W.T. 2012, c.17, comes into force.
CONSEQUENTIAL AMENDMENTS
Aurora College Act
Aurora College Act
150.(1) The Aurora College Act is amended by this section.
(2) Subsection 5(2) is repealed and the following is substituted:
(2) All revenues received under this Act must be deposited to the credit of Aurora College in a bank account referred to in paragraph 15(e).
(3) Section 6 is amended
(a) by repealing paragraph (b) and substituting the following:
(b) subject to section 52 of the Financial
trust on which it may be held, invest money received as a gift or bequest;
(b) in paragraph (e), by striking out "subject to Part IX of the Financial Administration Act" and substituting "subject to Part 8 of the Financial Administration Act".
(4) Subsections 7(2) and (3) are repealed and the following is substituted:
(2) The Minister shall determine the policy respecting the operations, programs and priorities of Aurora College.
(3) The Minister may delegate the duty under subsection (2) to the Board and specify any term or condition governing the performance of that duty.
(5) Paragraphs 15(d) and (e) are repealed and the following is substituted:
(d) submit budgets to the Minister in accordance with sections 26 to 29 of the Financial Administration Act;
(e) establish and maintain one or more bank accounts in the name of Aurora College; and
(6) Section 18 is amended
(a) by repealing subsection (1) and substituting the following:
Annual report
18.(1) The Board shall, in accordance with subsection 32(1) of the Financial Administration Act, prepare an annual report and submit it to the Minister.
(1.1) The annual report must
(a) state the activities of Aurora College during the fiscal year;
(b) include the financial statements of Aurora College prepared in accordance with applicable accounting policies and practices referred to in section 20 of the Financial Administration Act, applied on a basis consistent with that of the preceding year;
(c) include the report of the auditor;
(d) state the sources from which gifts, grants, devises or bequests were received, including any anonymous sources; and
(e) include any other information that the Minister may require.
(b) by repealing subsection (3) and substituting the following:
(3) The accounts of Aurora College must be audited annually.
(c) by repealing subsection (5) and substituting the following:
(5) The Minister shall cause a copy of the annual report to be laid before the Legislative Assembly at the earliest opportunity after receiving the report.
Commissioner’s Land Act
Commissioner’s Land Act
151.Section 8 of the Commissioner’s Land Act is amended by striking out "subsection 17(1) of the Financial Administration Act" and substituting "paragraph 145(j) of the Financial Administration Act".
Education Act
Education Act
152.(1) The Education Act is amended by this section.
(2) Subsection 117(2) is amended
(a) in paragraph (k), by striking out "in accordance with the regulations" and substituting "in accordance with the planning and accountability framework defined in subsection 1(1) of the Financial Administration Act and the regulations under that Act"; and
(b) in paragraph (l), by striking out "in accordance with the directions of the Minister" and substituting "in accordance with the planning and accountability framework defined in subsection 1(1) of the Financial Administration Act, and the regulations under that Act".
(3) Section 130 is repealed and the following is substituted:
Appointment of auditor
130.Every education body shall, in accordance with the regulations and subsection 31(2) of the Financial Administration Act, appoint an auditor.
(4) Subsection 131(1) is amended by striking out "in accordance with Part IX of the Financial Administration Act".
(5) Section 137 is repealed and the following is substituted:
Condition on authority to borrow
137.The authority in this Act for an education body to borrow money, including the authority to borrow money under a by-law, is subject to Part 8 of the Financial Administration Act.
(6) That portion of section 146 preceding paragraph (a) is amended by adding "and the Financial Administration Act" after "the requirements of this Act".
Hospital Insurance and Health and Social Services
Administration Act
Hospital Insurance and Health and Social
153.(1) The Hospital Insurance and Health and Social Services Administration Act is amended by this section.
(2) Paragraph 13(1)(b) is amended by striking out "Part IX of".
(3) Subsection 15(1) is repealed and the following is substituted:
Audit
15.(1) The accounts of every Board of Management must be audited annually by an auditor approved by the Minister.
(4) Section 16 is amended by striking out "Part IX of the Financial Administration Act" and substituting "section 139 of the Financial Administration Act".
Human Rights Act
Human Rights Act
154.Section 21 of the Human Rights Act is repealed and the following is substituted:
Annual
21.(1) The Commission shall, in accordance with
prepare and submit to the Speaker an annual report that includes the number, nature and disposition of complaints filed or initiated under this Act.
(2) The Speaker shall cause a copy of the annual report to be laid before the Legislative Assembly at the earliest opportunity after receiving the report.
Interpretation Act
Interpretation Act
155.Subsection 28(1) of the Interpretation Act is amended by repealing the definition "Financial Management Board" and substituting the following:
"Financial Management Board" means the Financial Management Board continued under subsection 6(1) of the Financial Administration Act; (Conseil de gestion financière)
Land Titles Act
Land Titles Act
156.Subsection 158(4) of the Land Titles Act is amended by striking out "paragraphs 57(1)(a) to (d) of the Financial Administration Act" and substituting "paragraphs 51(1)(a) to (d) of the Financial Administration Act".
Legal Aid Act
Legal Aid Act
157.Paragraph 4(8)(a) of the Legal Aid Act is amended by striking out "in accordance with Part IX of the Financial Administration Act" and substituting "in accordance with subsection 32(1) of the Financial Administration Act".
Legal Services Act
Legal Services Act
158.(1) The Legal Services Act is amended by this section.
(2) Section 9 is repealed and the following is substituted:
Annual
9.(1) The Board shall, in accordance with
prepare and submit to the Minister an annual report.
(2) The Minister shall cause a copy of the annual report to be laid before the Legislative Assembly at the earliest opportunity after receiving the report.
(3) Subsection 14(2) is repealed and the following is substituted:
(2) The accounts of the Board must be audited annually by an auditor approved by the Minister.
Legislative Assembly and Executive Council Act
159.(1) The Legislative Assembly and Executive Council Act is amended by this section.
(2) Section 40.1 is renumbered as subsection 40.1(1) and the following is added after that renumbered subsection:
(2) A direction by the Board of Management under subsection (1), in respect of a regulation, order or directive made under the Financial Administration Act, applies notwithstanding section 3 of that Act.
(3) Subsection 58(2) is amended by striking out "in accordance with section 28 of the Financial Administration Act" and substituting "in accordance with sections 22 and 23 of the Financial Administration Act".
Liquor Act
Liquor Act
160.Section 64 of the Liquor Act is repealed and the following is substituted:
Annual report
64.(1) The Board and the Commission shall each, in accordance with subsection 32(1) of the Financial Administration Act, prepare an annual report and submit it to the Minister.
(2) The Minister shall cause a copy of each annual report to be laid before the Legislative Assembly at the earliest opportunity after receiving the report. Natural Resources Conservation Trust Act
Natural Resources Conservation Trust Act
161.Section 10 of the Natural Resources Conservation Trust Act is amended by striking out "Subject to Part X of the Financial Administration Act" and substituting "Subject to section 139 of the Financial Administration Act".
Northern Employee Benefits Services
Pension Plan Protection Act
Northern Employee Benefits Services
162.That portion of section 6 preceding paragraph (a) of the Northern Employee Benefits Services Pension Plan Protection Act is amended by striking out "established under the Financial Administration Act".
Northwest Territories Business Development and Investment Corporation Act
Pension Plan Protection Act Northwest Territories Business Development
163.(1) The Northwest Territories Business Development and Investment Corporation Act is amended by this section.
(2) Subsection 1(1) is amended by repealing the definition "Financial Management Board".
(3) Section 12 is amended by striking out "Part X of the Financial Administration Act" and substituting "section 139 of the Financial Administration Act".
(4) Section 13.1 is amended by striking out "Part IX of the Financial Administration Act" and substituting "Parts 8 and 9 of the Financial Administration Act".
(5) Section 14 is amended
(a) in paragraph (b), by striking out "maintain and administer accounts" and substituting "establish and maintain accounts"; and
(b) in paragraph (e), by striking out "section 81 of the Financial Administration Act" and substituting "section 52 of the Financial Administration Act".
(6) The following is added after section 29:
Budgets
29.1.The Corporation shall submit operating budgets and capital budgets to the Minister in accordance with sections 26 to 29 of the Financial Administration Act.
(7) Paragraph 30(1)(a) is repealed and the following is substituted:
(a) annually submit a corporate plan for the approval of the Financial Management Board; and
(8) That portion of section 31 preceding paragraph (a) is amended by striking out "submit under section 96 of the Financial Administration Act" and substituting "prepare and submit under subsection 32(1) of the Financial Administration Act".
(9) The following is added after section 35:
Financial Administration Act
35.1.Notwithstanding the Financial Administration Act, that Act does not apply to a subsidiary of the Corporation.
and Investment Corporation Act Northwest Territories Heritage Fund Act
164.(1) The Northwest Territories Heritage Fund Act is amended by this section.
(2) Section 1 is amended
(a) in the definition "Board", by striking out "established by subsection 3(1) of the Financial Administration Act"; and
(b) by repealing the definition "Secretary" and substituting the following:
"Secretary" means the Secretary to the Board appointed under subsection 6(5) of the Financial Administration Act; (secrétaire)
(3) Section 3 is repealed and the following is substituted:
Financial
3.Section 25 of the Financial Administration Act applies to the administration of the Heritage Fund with such modifications as the circumstances require, including the following modifications:
(a) a reference to the governing body of a public agency must be read as a reference to the Secretary, in respect of the Heritage Fund;
(b) a reference to a public agency must be read as a reference to the Heritage Fund.
(4) The following is added after section 5:
Annual report
5.1.(1) The Secretary shall
(a) prepare an annual report in respect of the Heritage Fund in accordance with the planning and accountability framework defined in subsection 1(1) of the Financial Administration Act; and
(b) submit the annual report to the Board not later than 90 days after the end of the fiscal year, or not later than an additional period, not exceeding 60 days, that the Board may allow.
(2) The Minister of Finance shall cause a copy of the annual report to be laid before the Legislative Assembly at the earliest opportunity after the Board receives the report.
Northwest Territories Housing
Corporation Act
Northwest Territories Housing Corporation Act
165.(1) The Northwest Territories Housing Corporation Act is amended by this section.
(2) Section 8 is amended by striking out "Part IX of the Financial Administration Act" and substituting "section 139 of the Financial Administration Act".
(3) Section 9.1 is repealed and the following is substituted:
Borrowing
9.1.(1) The authority of the Corporation to borrow under this Act is subject to Part 8 of the Financial Administration Act.
(2) The authority of the Corporation to make guarantees under this Act is subject to Part 9 of the
(4) Paragraph 19(1)(c) is amended by striking out "Part IX of the Financial Administration Act" and substituting "section 52 of the Financial Administration Act".
(5) Subsection 21(1) is amended by striking out "The Corporation may maintain" and substituting "The Corporation may establish and maintain".
(6) Section 22 is amended by striking out "in accordance with Part IX of the Financial Administration Act".
(7) Section 23 is repealed and the following is substituted:
Annual report
23.(1) The Corporation shall, in accordance with subsection 32(1) of the Financial Administration Act, prepare an annual report and submit it to the Minister.
(2) The Minister shall cause a copy of the annual report to be laid before the Legislative Assembly at the earliest opportunity after receiving the report.
Northwest Territories Hydro Corporation Act
166.(1) The Northwest Territories Hydro Corporation Act is amended by this section.
(2) That portion of section 18 preceding paragraph (a) is amended by striking out "Part IX of the Financial Administration Act" and substituting "Part 8 of the Financial Administration Act".
(3) That portion of subsection 19(1) preceding paragraph (a) is amended by striking out "Part IX of the Financial Administration Act" and substituting "the Financial Administration Act".
(4) Section 21 is amended by striking out "Part VII of the Financial Administration Act" and substituting "Part 9 of the Financial Administration Act".
(5) Section 22 is amended
(a) in subsection (2), by striking out "Notwithstanding section 58 of the
substituting "Notwithstanding section 53 of the Financial Administration Act"; and
(b) in subsection (3), by striking out "Notwithstanding section 57 of the Financial Administration Act" and substituting "Notwithstanding section 51 of the Financial Administration Act".
(6) Sections 25, 26 and 27 are repealed and the following is substituted:
Establishment of accounts
25.(1) The Corporation may establish and maintain in its own name one or more accounts in one or more financial institutions.
(2) The Corporation shall administer accounts referred to in subsection (1).
Investment of money
26.The Corporation may, in addition to investing in the securities and other investments referred to in subsection 52(1) of the Financial Administration Act, invest in any other securities and investments that it determines to be prudent.
Write-off
27.The Corporation may write-off, in whole or in part,
(a) an asset of the Corporation, if the Corporation considers that the asset, or the part to be written off, cannot be used, realized or collected; or
(b) a debt or obligation owed to the Corporation, if the Corporation considers that the debt or obligation, or the part to be written off, cannot be realized or collected.
(7) Section 29 is amended
(a) by repealing subsections (1) and (2) and substituting the following:
Audit and auditor
29.(1) The accounts of the Corporation must be audited annually by the auditor for the Corporation referred to in subsection 31(3) of the Financial Administration Act.
(b) in paragraph (3)(a), by striking out "in accordance with generally accepted accounting principles" and substituting "in accordance with applicable
(8) Section 30 is repealed and the following is substituted:
Annual report
30.(1) The Corporation shall, in accordance with subsection 32(1) of the Financial Administration Act, prepare an annual report and submit it to the Minister.
(2) The Minister shall cause a copy of the annual report to be laid before the Legislative Assembly at the earliest opportunity after receiving the report.
(9) Section 32 is amended
(a) by adding "and" at the end of paragraph (a); and
(b) by repealing paragraph (b).
Northwest Territories Lands Act
Northwest Territories Lands Act
167.Section 23 of the Northwest Territories Lands Act is amended by striking out "subsection 17(1) of the Financial Administration Act" and substituting "paragraph 145(j) of the Financial Administration Act".
Northwest Territories Power Corporation Act
168.(1) The Northwest Territories Power Corporation Act is amended by this section.
(2) That portion of section 24 preceding paragraph (a) is amended by striking out "Part IX of the Financial Administration Act" and substituting "the Financial Administration Act".
(3) Section 26 is amended by striking out "Part VII of the Financial Administration Act" and substituting "Part 9 of the Financial Administration Act".
(4) Section 27 is amended
(a) in subsection (2), by striking out "section 58 of the Financial Administration Act" and substituting
Administration Act"; and
(b) in subsection (3), by striking out "section 57 of the Financial Administration Act" and substituting "section 51 of the Financial Administration Act".
(5) Sections 31 and 32 are repealed and the following is substituted:
Establishment of accounts
31.(1) The Corporation may establish and maintain in its own name one or more accounts in one or more financial institutions.
(2) The Corporation shall administer accounts referred to in subsection (1).
Investment of money
32.The Corporation may, in addition to investing in the securities and other investments referred to in subsection 52(1) of the Financial Administration Act, invest in any other securities and investments that it determines to be prudent.
(6) Section 33.1 is repealed and the following is substituted:
Write-off
33.1.The Corporation may write-off, in whole or in part,
(a) an asset of the Corporation, if the Corporation considers that the asset, or the part to be written off, cannot be used, realized or collected; or
(b) a debt or obligation owed to the Corporation, if the Corporation considers that the debt or obligation, or the part to be written off, cannot be realized or collected.
(7) Section 35 is amended
(a) by repealing subsections (1) and (2) and substituting the following:
Audit and auditor
35.(1) The accounts of the Corporation must be audited annually by the auditor for the Corporation referred to in subsection 31(3) of the Financial Administration Act.
(b) by repealing subsection (3) and substituting the following:
(3) The Corporation shall, in accordance with
prepare an annual report and submit it to the Minister.
(c) in paragraph (4)(a), by striking out "in accordance with generally accepted accounting principles" and substituting "in accordance with applicable accounting policies and practices referred to in section 20 of the Financial Administration Act"; and
(d) by repealing subsection (6).
(8) Section 36 is repealed and the following is substituted:
Tabling of report
36.The Minister shall cause a copy of the annual report to be laid before the Legislative Assembly at the earliest opportunity after receiving the report.
(9) Section 39 is amended
(a) by adding "and" at the end of paragraph (a); and
(b) by repealing paragraph (b).
NWT Energy Corporation Ltd.
Loan Guarantee Act
NWT Energy Corporation Ltd. Loan
169.Subsection 1(1) of the NWT Energy Corporation Ltd. Loan Guarantee Act is amended by striking out "subject to Part VII of the Financial Administration Act" and substituting "subject to Part 9 of the Financial Administration Act".
Payroll Tax Act
Guarantee Act Payroll Tax Act
170.(1) The Payroll Tax Act is amended by this section.
(2) Subsection 11(2) is amended by striking out "under subsection 17(1) of the Financial Administration Act" and substituting "under paragraph 145(j) of the Financial Administration Act".
(3) Subsection 12(2) is amended by striking out "under subsection 17(1) of the Financial Administration Act" and substituting "under paragraph 145(j) of the Financial Administration Act".
(4) Paragraph 44(4)(b) is amended by striking out "under subsection 17(1) of the Financial Administration Act" and substituting "under paragraph 145(j) of the Financial Administration Act".
Petroleum Products Tax Act
Petroleum Products Tax Act
171.(1) The Petroleum Products Tax Act is amended by this section.
(2) Paragraph 5.1(5)(a) is amended by striking out "subject to section 22 of the Financial Administration Act" and substituting "subject to section 57 of the Financial Administration Act".
(3) Subsection 13(1) is amended by striking out "pursuant to section 65 of the Financial Administration Act" and substituting "pursuant to subsection 67(1) of the Financial Administration Act".
(4) Paragraph 16(2)(b) is amended by striking out "notwithstanding subsection 17(1) of the Financial Administration Act" and substituting "notwithstanding section 54 of the Financial Administration Act".
Public Service Act
Public Service Act
172.Subsection 41(1) of the Public Service Act is amended by repealing the definition "Financial Management Board".
Revolving Funds Act
Revolving Funds Act
173.(1) The Revolving Funds Act is amended by this section.
(2) Section 1 is amended by repealing the definition "liabilities".
(3) Subsection 4(1) is amended by striking out "referred to in section 57.1 of the Financial Administration Act" and substituting "referred to in section 68 of the Financial Administration Act".
(4) Subsection 8(1) is amended by striking out "Notwithstanding section 60 of the Financial Administration Act" and substituting
Social Assistance Act
Social Assistance Act
174.(1) The Social Assistance Act is amended by this section.
(2) Paragraph 12.1(2)(b) is amended by striking out "established by the Financial Administration Act".
(3) Subsection 17(1) is amended by striking out "established by the Financial Administration Act".
Status of Women Council Act
Status of Women Council Act
175.(1) The Status of Women Council Act is amended by this section.
(2) Section 6 is amended by striking out "any directive issued under section 78 of the Financial Administration Act" and substituting "a directive issued under the Financial Administration Act".
(3) Section 13 is repealed and the following is substituted:
Annual report
13.(1) The Council shall, in accordance with subsection 32(1) of the Financial Administration Act, prepare and submit to the Minister an annual report that includes a general summary of the activities of the Council for the preceding fiscal year.
(2) The Minister shall cause a copy of the annual report to be laid before the Legislative Assembly at the earliest opportunity after receiving the report.
Surface Rights Board Act
Surface Rights Board Act
176.(1) The Surface Rights Board Act is amended by this section.
(2) Subsections 27(3), (4) and (5) are repealed and the following is substituted:
(3) The Board shall maintain books of account and related records in accordance with
(a) the planning and accountability framework defined in subsection 1(1) of the Financial Administration Act; and
(b) applicable accounting policies and practices referred to in section 20 of that Act.
(4) The Board shall, within the time after the end of each fiscal year that the Minister specifies, prepare consolidated financial statements in respect of that fiscal year in accordance with applicable accounting policies and practices referred to in section 20 of the Financial Administration Act.
(5) The accounts, financial statements and financial transactions of the Board must be audited annually by an auditor approved by the Minister.
(6) On completion of an audit referred to in subsection (5), the auditor shall provide an audit report to the Board and the Minister.
(3) That portion of section 28 preceding paragraph (a) is repealed and the following is substituted:
Preparation and submission to Minister
28.The Board shall, in accordance with subsection 32(1) of the Financial Administration Act, prepare and submit to the Minister an annual report that includes information on
Tåîchô Community Services Agency Act
Tåîchô Community Services Agency Act
177.Subsection 7(7) of the Tåîchô Community Services Agency Act is amended by striking out "Part IX of the Financial Administration Act" and substituting "section 139 of the Financial Administration Act".
Tobacco Tax Act
Tobacco Tax Act
178.That portion of section 19 preceding paragraph (a) of the Tobacco Tax Act is amended by striking out "in accordance with subsection 17(1) of the Financial Administration Act" and substituting "in accordance with section 54 of the Financial Administration Act".
Waters Act
179.Subsection 57(1) of the Waters Act is repealed and the following is substituted:
Annual report
57.(1) The Board shall, in accordance with subsection 32(1) of the Financial Administration Act, prepare and submit to the Minister an annual report on the activities of the Board, including its financial statements and any other matters that the Minister may specify.
Workers’ Compensation Act
Workers’ Compensation Act
180.(1) The Workers’ Compensation Act is amended by this section.
(2) Section 68 is amended by striking out "in accordance with Part IX of the Financial Administration Act" and substituting "by an auditor referred to in subsection 31(3) of the Financial Administration Act".
(3) Subsection 69(3) is repealed and the following is substituted:
(3) The report must be sent to the Minister, who shall cause a copy of it to be laid before the Legislative Assembly at the earliest opportunity after receiving the report.
(4) Section 98 is amended by striking out "Subject to section 80 of the Financial Administration Act" and substituting "Subject to Part 8 of the Financial Administration Act".
(5) Section 100 is repealed and the following is substituted:
Write-off of assets, debts
100.The Governance Council may direct the write-off, in whole or in part,
(a) of an asset of the Workers’ Protection Fund or the Commission, if the Governance Council considers that the asset, or the part to be written off, cannot be used, realized or collected; or
(b) of a debt or obligation owed to the Workers’ Protection Fund or the Commission, if the Governance Council considers that the debt or obligation, or the part to be written off, cannot be realized or collected.
(6) Subsections 106(1) to (3) are repealed and the following is substituted:
Annual report
106.(1) The Commission shall, in accordance with subsection 32(1) of the Financial Administration Act, prepare an annual report and submit it to the Minister within 120 days after the end of the Commission’s fiscal year.
(2) The annual report must contain information regarding the Commission’s administration of this Act and the other enactments for which it is responsible, and must include
(a) a report, prepared in accordance with the regulations, on the sufficiency of the Workers’ Protection Fund to meet its liabilities; and
(b) any other information the Governance Council considers necessary or advisable.
(3) The Minister shall cause a copy of the annual report to be laid before the Legislative Assembly at the earliest opportunity after receiving the report.
(7) Subsection 111(2) is repealed and the following is substituted:
(2) The Minister shall cause a copy of the annual report to be laid before the Legislative Assembly at the earliest opportunity after receiving the report.
(8) Subsection 125(2) is repealed and the following is substituted:
(2) The Minister shall cause a copy of the annual report to be laid before the Legislative Assembly at the earliest opportunity after receiving the report.
REPEAL
Financial Administration Act
181.The Financial Administration Act, R.S.N.W.T. 1988, c.F-4, is repealed.
Borrowing Authorization Act
182.The Borrowing Authorization Act, S.N.W.T. 1991-1992, c.2, is repealed.
Repeal of spent statute: Deficit
183.The Deficit Elimination Act, S.N.W.T. 1995, c.22, is repealed.
COMMENCEMENT
Coming into force
184.This Act or any provision of this Act comes into force on a day or days to be fixed by order of the Commissioner.
SCHEDULE A (Subsection 1(1))
1. A commission scolaire francophone de division established under the Education Act
2. All District Education Authorities established under the Education Act
3. All Divisional Education Councils established under the Education Act
4. All Boards of Management established or continued under the Hospital Insurance and Health and Social Services Administration Act
4.1. The Territorial health and social services authority established under the Hospital Insurance and Health and Social Services Administration Act
5. The Northwest Territories Human Rights Commission established by the Human Rights Act
6. The Northwest Territories Legal Aid Commission continued under the Legal Aid Act
6.1. Repealed, SNWT 2015,c.13,s.149.
7. The Liquor Commission continued as the Northwest Territories Liquor and Cannabis Commission under the Liquor Act
8. The Liquor Licensing Board continued under the Liquor Act
9. The Status of Women Council of the Northwest Territories, established by the Status of Women Council Act
10. The Surface Rights Board continued under the Surface Rights Board Act
11. The Tåîchô Community Services Agency established by the Tåîchô Community Services Agency Act The Inuvialuit Water Board continued under the
2015,c.14,s.25; SNWT 2015,c.13,s.149; 2022,c.18,s.8.
SCHEDULE B (Subsection 1(1))
1. Aurora College continued under the Aurora College Act
2. Repealed, SNWT 2023,c.31,s.26
3. Housing Northwest Territories continued by the Housing Northwest Territories Act, excluding subsidiaries of Housing Northwest Territories.
4. The Northwest Territories Hydro Corporation established by the Northwest Territories Hydro Corporation Act
5. The Northwest Territories Power Corporation established by the Northwest Territories Power Corporation Act
6. The Northwest Territories Business Development and Investment Corporation continued as Prosper NWT under the Prosper NWT Act
SNWT 2023,c.8,s.12; SNWT 2023,c.31,s.26.
SCHEDULE C (Subsection 1(1))
1. The Workers’ Safety and Compensation Commission continued under the Workers’ Compensation Act
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