83 Regulation
of charges
84 Treasury
Board authorization of agreements
85 Regulations
86 Internal
reviews
87 Establishment
requirements
88 Bonding
of public employees, etc.
Part 10
General
89 Failure
to account for public money
90 Public
money held in trust
91 Fine
for refusal to transmit accounts, etc.
92 Books,
etc., property of Crown
93 Actions
for penalties or forfeitures
94 Assignment
of Crown debts
95 Assignment
of corporation debts
96 Assignment
of salary or wages
97 Saving
of other legal remedies
98 Benefit
funds
Schedule
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Interpretation
1(1) In this Act,
(a) “accountable
advance” means
(i) an accountable advance made pursuant to section 31(1) or (2), or
(ii) an amount advanced by the Crown pursuant to an agreement to which
the Crown is a party, whether the agreement came into existence before or after
the commencement of this Act;
(b) “appropriation”
means
(i) a supply vote, or
(ii) a statutory appropriation;
(c) “Auditor
General” means the Auditor General appointed under the Auditor General Act;
(d) “Crown”
means the Crown in right of Alberta;
(e) “Crown‑controlled
organization” means, unless subsection (3) applies,
(i) an unincorporated board, commission, council or other body that
is not a department or part of a department, 20% or more but fewer than a
majority of whose members are appointed or designated, either by their personal
names or by their names of office, by an Act of the Legislature or regulations
under an Act of the Legislature, by an order of the Lieutenant Governor in
Council or of a Minister of the Crown, or by any combination of them, and that
is responsible for the administration of public money or assets owned by the
Crown,
(ii) a corporation, other than a corporation incorporated by or under
a local or private Act, 20% or more but fewer than a majority of whose members
or directors are appointed or designated, either by their personal names or by
their names of office, by an Act of the Legislature or regulations under an Act
of the Legislature, by an order of the Lieutenant Governor in Council or of a
Minister of the Crown, or by any combination of them, and that is responsible
for the administration of public money or assets owned by the Crown,
(iii) a corporation, other than a corporation incorporated by or under
a local or private Act, 50% or more but less than 100% of whose issued voting
shares are owned by the Crown or held in trust for the Crown or are partly
owned by the Crown and partly held in trust for the Crown, or
(iv) a corporation that is a subsidiary of a corporation described in
subclause (ii) or (iii) or that is controlled by a corporation described in
subclause (ii) or (iii) directly or indirectly through one or more intermediary
corporations,
but does not include a
regional health authority or subsidiary health corporation under the Regional
Health Authorities Act;
(f) “department”
means
(i) a department of the Government or of the public service of
Alberta established under the Government
Organization Act,
(ii) a part of the public service of Alberta that is not part of a
department referred to in subclause (i) and that is designated as a department
by the Lieutenant Governor in Council for the purposes of this Act, or
(iii) any other part of the public service of Alberta,
but does not include
(iv) the Legislative Assembly Office,
(v) the Office of the Auditor General,
(vi) the Office of the Ombudsman,
(vii) the Office of the Chief Electoral Officer,
(viii) the Office of the Ethics Commissioner, and
(ix) the Office of the Information and Privacy Commissioner;
(g) “department
head” means the member of the Executive Council having the administration of a
department;
(h) “deputy
head” means
(i) the chief officer of a department, or
(ii) if there is more than one chief officer of a department, the
chief officer of that part of the department for which that chief officer is
responsible to the department head;
(i) “disbursement”
means
(i) an expenditure,
(ii) a payment from a regulated fund,
(iii) a payment in respect of an investment of money in the General
Revenue Fund made pursuant to section 43 or 46,
(iv) a payment made pursuant to section 74,
(v) a payment from the General Revenue Fund to reduce the principal
amount of any Government securities,
(vi) a payment made by a Provincial corporation from its own funds, or
(vii) any other payment or transfer of public money;
(j) “estimates”
means spending estimates of the Crown transmitted to the Legislative Assembly;
(k) “expenditure”
means
(i) a payment authorized by a supply vote,
(ii) a reimbursement, under the authority of one supply vote of a
payment charged against another supply vote, or
(iii) a payment authorized by a statutory appropriation;
(iv) repealed 2004 c7 s2;
(l) “fund
administrator” means a person or group of persons charged with the receipt,
custody or handling of money in, or payments from, a regulated fund;
(l.1) “Minister
responsible” means the Minister determined under section 16 of the Government
Organization Act as the Minister responsible for this Act;
(m) “money”
includes negotiable instruments;
(n) “negotiable
instrument” includes a cheque, draft, traveller’s cheque, postal note, money
order, postal remittance, bill of exchange payable on demand or any other
similar instrument;
(o) “personal
service contractor” means
(i) an individual whose services are engaged by the Crown, a
Provincial agency or a fund administrator in consideration of the payment of a
fee whether or not the contract for those services is made with that individual
or another person, or
(ii) a person who contracts to provide the services of one or more
individuals to the Crown, a Provincial agency or a fund administrator in
consideration of the payment of a fee;
(p) “Provincial
agency” means a Provincial corporation or a Provincial committee;
(q) “Provincial
committee” means an unincorporated board, commission, council, or other body
that is not a department or part of a department, all or a majority of whose
members are appointed or designated, either by their personal names or by their
names of office, by an Act of the Legislature or regulations under an Act of
the Legislature, by an order of the Lieutenant Governor in Council or of a
Minister of the Crown or by any combination of those methods;
(r) “Provincial
corporation” means
(i) a corporation, other than a corporation incorporated by or under
a local or private Act, all or a majority of whose members or directors are
appointed or designated, either by their personal names or by their names of
office, by an Act of the Legislature or regulations under an Act of the
Legislature, by an order of the Lieutenant Governor in Council or of a Minister
of the Crown or by any combination of those methods,
(ii) a corporation all of whose issued voting shares of every class
are owned by the Crown or held in trust for the Crown or are partly owned by
the Crown and partly held in trust for the Crown, or
(iii) a corporation that is a subsidiary of a corporation referred to
in subclause (i) or (ii) or that is controlled by a corporation referred to in
subclause (i) or (ii) directly or indirectly through one or more intermediary
corporations,
but does not include a
housing authority incorporated under section 42 of the Alberta Mortgage and Housing Corporation Act, SA 1984 cA‑32.5,
or a management body within the meaning of the Alberta Housing Act or a regional health authority or subsidiary
health corporation under the Regional
Health Authorities Act;
(s) “public
employee” means
(i) an employee of the Crown,
(ii) a member or employee of a Provincial agency, or
(iii) a fund administrator or an employee of a fund administrator;
(t) “public
money” means money
(i) owned by the Crown,
(ii) held by the Crown for the benefit of or in trust for any other
person,
(iii) held by a public employee, public official, personal service
contractor or revenue officer in that person’s capacity as a public employee,
public official, personal service contractor or revenue officer,
(iv) held by any person for the benefit of or in trust for the Crown,
or
(v) owned or held by a Provincial agency,
but does not include money
owned or held by Alberta Treasury Branches;
(u) “public
official” means
(i) a member of the Executive Council,
(ii) a person who holds an office at the appointment of the Lieutenant
Governor in Council or a member of the Executive Council and who receives
remuneration from the Crown in respect of that office,
(iii) the Speaker of the Legislative Assembly,
(iv) the Auditor General,
(v) the Information and Privacy Commissioner,
(vi) the Ombudsman,
(vii) the Chief Electoral Officer, or
(viii) the Ethics Commissioner;
(v) “record”
includes
(i) an account, book, return, statement, report, financial document
or other memorandum of financial or non‑financial information whether in
writing or in electronic form or represented or reproduced by any other means,
and
(ii) the results of the recording of details of electronic data
processing systems and programs to illustrate what the systems and programs do
and how they operate;
(w) “regulated
fund” means a fund containing public money except public money
(i) forming part of the General Revenue Fund,
(ii) received by a revenue officer for deposit in the General Revenue
Fund that has not been deposited in the General Revenue Fund, or
(iii) owned or held by a Provincial agency;
(x) “revenue
officer” means a person who
(i) is engaged in or is appointed or employed for the purposes of the
collection or management of or accounting for public money,
(ii) is engaged in the administration of any law under which public
money is collected, managed or accounted for,
(iii) is required by law or contract to collect, manage or account for
public money, or
(iv) receives, holds or is entrusted with public money, whether or not
that person was appointed or employed for that purpose,
but does not include
(v) a bank, treasury branch, loan corporation or trust corporation or
an investment company as defined in the Investment
Companies Act (Canada), RSC 1985 cI‑22,
(vi) a person who is not a public employee or public official and
whose relationship with the person’s clients is regulated in a material way by
or under an Act of the Parliament of Canada or a Legislature of a province of
Canada or an Ordinance of a territory of Canada, or
(vii) a member, officer or employee of a bank, treasury branch, loan
corporation, trust corporation, investment company or person referred to in
subclause (v) or (vi);
(y) repealed
2003 c2 s1(2);
(z) “Risk
Management Fund” means the Alberta Risk Management Fund established under
section 76;
(aa) “securities”
includes bonds, debentures, shares of capital stock, trust certificates,
guaranteed investment certificates or receipts, certificates of deposit,
deposit receipts, bills, notes and mortgages of real estate or leaseholds, and
rights or interests in respect of any security;
(bb) “statutory
appropriation” means an amount permitted or directed to be paid from the
General Revenue Fund by this or any other Act, but does not include an amount
paid
(i) under the authority of a supply vote,
(ii) pursuant to section 43 or 46,
(iii) pursuant to section 74,
(iv) to reduce the principal amount of any Government securities, or
(v) pursuant to section 31(1);
(cc) “supply
vote” means
(i) the authority contained in an Act and identified as a vote in
that Act to spend the amount of money in the General Revenue Fund indicated in
the vote, or
(ii) the authority to spend the amount of money deemed to be a supply
vote or part of a supply vote by virtue of section 26(3) or (4), as the case
may be;
(dd) “voting
share” means a share of any class of shares of a corporation carrying full or
limited voting rights ordinarily exercisable at meetings of shareholders of the
corporation and a share of any class of shares of a corporation carrying voting
rights by reason of a contingency that has occurred and is continuing.
(2) If
any question arises
(a) as
to which person is the deputy head of a particular department or part of a department
for the purposes of this Act,
(b) as
to whether an unincorporated board, commission, council or other body is a
department or part of a department for the purposes of this Act, or
(c) as
to which person or group of persons is the fund administrator of a particular
regulated fund,
the question is to be
decided by the Treasury Board.
(3) Notwithstanding subsection (1)(e)(i) and (ii),
an entity described in subsection (1)(e)(i) or (ii) is not a Crown‑controlled
organization if a majority of the members of the entity are appointed or
designated by one person.
RSA 2000 cF‑12
s1;2003 c2 s1(2);2004 c7 s2
Application of Act
2(1) This Act and the regulations operate
notwithstanding any other Act except the Alberta
Bill of Rights, the Freedom of
Information and Protection of Privacy Act and the Human Rights, Citizenship and Multiculturalism Act, whether enacted
before or after the commencement of this Act, unless the contrary is expressly
declared in this Act or the regulations or in any other Act.
(2) The
Lieutenant Governor in Council, on the recommendation of the Minister
responsible, may by regulation exempt a Provincial agency, fund administrator,
revenue officer or class of revenue officer from this Act to the extent
prescribed in the regulation in respect of that Provincial agency, fund
administrator, revenue officer or class of revenue officer.
(3) A
reference to “the whole Act” in a regulation made pursuant to subsection (2)
shall be construed as excluding this section.
(4) A
regulation made pursuant to subsection (2) that exempts, or adds to the
exemptions applicable to, a Provincial agency, fund administrator, revenue
officer or class of revenue officer may be retroactive to the extent set out in
the regulation.
(5) This
Act, except this section and sections 1, 5, 6, 7, 13(3), 77, 80 and 81, does
not apply to the following:
(a) the
board of a university under the Post‑secondary Learning Act,
(b) the
initial governing authority of a university under the Post‑secondary
Learning Act,
(c) the
board of a public college under the Post‑secondary Learning Act,
(d) the
initial governing authority of a public college under the Post‑secondary
Learning Act,
(e) the
board of a technical institute under the Post‑secondary Learning Act,
(f) the
initial governing authority of a technical institute under the Post‑secondary
Learning Act,
(g) the
Alberta Heritage Foundation for Medical Research,
(h) a
provincial health board under the Regional
Health Authorities Act,
(i) a
mental health hospital board under the Mental
Health Act,
(j) the
Alberta Heritage Foundation for Science and Engineering Research,
(k) the
Alberta Cancer Board, or
(l) a
corporation that is a subsidiary of a corporation referred to in clauses (a) to
(k) or that is controlled by a corporation referred to in clauses (a) to (k)
directly or indirectly through one or more intermediary corporations.
(6) Notwithstanding
subsection (5), in exercising its powers under sections 5 and 7 as they apply
to a Provincial corporation referred to in subsection (5), the Treasury Board
shall make or issue regulations or directives only respecting the financial
operations of, reporting by and compliance with this or any other Act by those
corporations.
(7) Repealed 2004 c7 s3.
RSA 2000 cF‑12
s2;2003 cP‑19.5 s138;
2003 c2 s1(19);2004 c7 s3
Crown’s fiscal year
3 The fiscal year of the Crown is April 1 to the
following March 31.
RSA 1980 cF‑9 s3
Part 1
Organization
Treasury Board
Treasury Board
4(1) There is hereby established a board called the
“Treasury Board” composed of the Minister responsible, who shall be the chair,
and not fewer than 4 other members appointed by the Lieutenant Governor in
Council.
(2) The
Treasury Board shall have a secretary who shall be appointed by the Board.
(3) The Treasury Board may determine its rules and
methods of procedure.
RSA 2000 cF‑12
s4;2003 c2 s1(19)
Duties of Treasury Board
5(1) The Treasury Board may formulate general
management policies relating to the business and affairs of the Crown and
Provincial agencies and do any acts it considers necessary to ensure that those
policies are carried out.
(2) The Lieutenant Governor in Council may, by
order, amend or revoke an action of the Board done under subsection (1).
RSA 1980 cF‑9 s5
Power to obtain
information
6(1) Every public employee, public official,
personal service contractor, revenue officer, Provincial agency, Crown‑controlled
organization or agent of the Crown shall furnish to the Treasury Board any
information, in the form of a record or otherwise, that the Board considers
necessary in connection with the exercise or performance of its powers and
duties under this or any other Act.
(2) Every person who receives information under
this section from a person whose right to disclose that information is restricted
by law, holds that information under the same restrictions respecting
disclosure as governed the person from whom the information was obtained.
RSA 1980 cF‑9
s6;1993 c19 s4
Regulations and
directives
7 The Treasury Board may make regulations and
issue directives that it considers necessary in connection with the exercise or
performance of its powers and duties under this or any other Act.
RSA 1980 cF‑9 s7
Evidence of regulations
and directives
8(1) A document purporting to be a regulation or directive
of the Treasury Board and purporting to be signed by its chair shall be admitted in evidence as proof, in the absence
of evidence to the contrary, of the regulation or directive and that the chair
was authorized to sign it, without proof of the appointment or signature of the
chair.
(2) A document purporting to be a copy of a
regulation or directive of the Treasury Board and having endorsed on it a
certificate purporting to be a certificate of the secretary of the Board
stating that the document is a true copy shall be admitted in evidence as
proof, in the absence of evidence to the contrary, of the regulation or
directive, without proof of the appointment or signature of the secretary.
RSA 1980 cF‑9 s8
Treasury Department
Controller
9 In accordance with the Public Service Act, there may be
appointed a Controller.
RSA 1980 cF‑9
s10;1994 cG‑8.5 s32
Financial responsibility
10(1) The Minister responsible is responsible for all
matters related to the financial affairs of the Crown except those assigned to
another person under this or any other Act and may engage in activities of a
financial nature in connection with that responsibility.
(1.1) Subject to the approval of the
Treasury Board, amounts required to be paid under agreements entered into for
the purpose of managing fiscal risk may be paid out of the General Revenue
Fund.
(2) The
Minister responsible may prescribe the form and contents of the financial
records of the Crown and of Provincial agencies.
(3) The
Crown’s obligations in respect of the following pension plans shall be included
in the financial records of the Crown in accordance with generally accepted
accounting principles:
(a) Local
Authorities Pension Plan;
(b) Public
Service Pension Plan;
(c) Universities
Academic Pension Plan;
(d) Special
Forces Pension Plan;
(e) Management
Employees Pension Plan;
(f)
