Financial Administration Act (R.S.C., 1985, c. F-11)

Act current to 2013-11-02 and last amended on 2013-07-15. Previous Versions

Marginal note:Limitation

12.1 Section 11.1 and subsection 12(2) apply subject to the provisions of any Act of Parliament, or any regulation, order or other instrument made under the authority of an Act of Parliament, respecting the powers or functions of a separate agency.

  • 2003, c. 22, s. 8.
Marginal note:Delegation by deputy head

  • 12.2 (1) A deputy head may delegate to any person any of the deputy head’s powers or functions in relation to human resources management, subject to any terms and conditions that he or she directs.

  • Marginal note:Sub-delegation

    (2) Any person to whom powers or functions are delegated under subsection (1) may, subject to and in accordance with the delegation, sub-delegate any of those powers or functions to any other person.

  • 2003, c. 22, s. 8.
Marginal note:National Joint Council agreements

  • 12.3 (1) Despite any other Act of Parliament, if the employment of an employee is terminated under paragraph 12(1)(f), agreements of the National Joint Council, other than agreements of the National Joint Council that are related to work force adjustment, cease to apply to the employee immediately before the termination of employment, unless the termination of employment was the result of the transfer of any work, undertaking or business from the core public administration to any body or corporation that is

    • (a) a separate agency; or

    • (b) another portion of the federal public administration designated by the Governor in Council for the purpose of paragraph (d) of the definition “public service” in subsection 11(1).

  • Marginal note:Accrued benefits

    (2) Her Majesty in right of Canada, as represented by the Treasury Board, continues to be responsible for any obligation of Her Majesty in respect of benefits arising out of agreements of the National Joint Council that had accrued to employees of a body or corporation immediately before the date of the transfer referred to in subsection (1).

  • 2003, c. 22, s. 8.

12.4 [Repealed, 2012, c. 19, s. 218]

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Marginal note:Right or power of Governor in Council not affected

  • 13. (1) Subject to subsection (2), nothing in this Act or any other Act of Parliament is to be construed as limiting or affecting the right or power of the Governor in Council to suspend or dismiss, on the basis of a security assessment, any person employed in the public service.

  • Marginal note:Restriction

    (2) If a person has made a complaint with respect to a security assessment to the Security Intelligence Review Committee established by subsection 34(1) of the Canadian Security Intelligence Service Act, that person may not be dismissed by the Governor in Council until after the completion of the investigation in relation to that complaint.

  • Marginal note:Order to be conclusive proof

    (3) For the purpose of subsection (1), any order made by the Governor in Council is conclusive proof of the matters stated therein in relation to the suspension or dismissal of any person in the interest of the safety or security of Canada or any state allied or associated with Canada.

  • R.S., 1985, c. F-11, s. 13;
  • 1991, c. 24, s. 50(F);
  • 2003, c. 22, s. 9.
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