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48 |
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First
Session, 50th General Assembly 71 Elizabeth II, 2022 |
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AN ACT TO AMEND THE
FINANCIAL ADMINISTRATION ACT |
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Received and Read the First Time................................................................ |
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Second
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Committee..................................................................................................... |
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Third
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Royal Assent................................................................................................. |
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HONOURABLE SIOBHAN COADY Minister of Finance and President of Treasury Board |
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Ordered to be printed by
the Honourable House of Assembly |
EXPLANATORY NOTES This Bill would amend the Financial Administration Act to · allow diversification of investments in the Newfoundland and Labrador Government Sinking Fund; and · incorporate gender-neutral language in the Act. A BILL AN ACT TO AMEND THE FINANCIAL ADMINISTRATION ACT Analysis 1.
S.2 Amdt. 2.
S.5 Amdt. 3.
S.10 Amdt. 4.
S.15 Amdt. 5.
S.19 Amdt. 6.
S.20 Amdt. 7.
S. 24 Amdt. 8.
S.25 Amdt. 9.
S.28 Amdt. 10.
S.29 Amdt. 11.
S.30 Amdt. 12.
S.31 Amdt. 13.
S.33 Amdt. 14.
S.38 Amdt. 15.
S.44 Amdt. 16.
S.45 Amdt. 17.
S.54 Amdt. 18.
S.77 Amdt. 19.
S.78 Amdt. 20.
S.79 Amdt. 21.
S.81 Amdt. 22.
S.82 Amdt. 23.
S.83 Amdt. 24.
S.84 Amdt. 25. Commencement Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: RSNL1990 cF-8 1. Paragraph 2(1)(m) of the Financial Administration Act is amended by deleting the words "his or her" and substituting the words "the minister's or public officer's". 2. Paragraph 5(1)(a) of the Act is amended by deleting the words "to him or her". 3. Subsection 10(2) of the Act is amended by deleting the words "his or her" and substituting the words "the member's". 4. Subsection 15(1) of the Act is amended by deleting the words "he or she" and substituting the words "the minister". 5. Subsection 19(1) of the Act is amended by deleting the words "he or she" and substituting the words "the Lieutenant-Governor in Council". 6. (1) Subsection 20(2) of the Act is amended by deleting the words "him or her" and substituting the words "the comptroller general". (2) Subsection 20(3) of the Act is amended by (a) deleting the words "he or she considers" and substituting the words "are considered"; and (b) deleting the words "his or her" and substituting the words "the comptroller general's". 7. Section 24 of the Act is amended by (a) deleting the words "his or her signature" and substituting the words "the Lieutenant-Governor's signature"; and (b) deleting the words "his or her hands" and substituting the words "the minister's hands". 8. Subsection 25(1) of the Act is amended by (a) deleting the words "his or her warrant" and substituting the words "a warrant"; and (b) deleting the words "his or her office" and substituting the words "the comptroller general's office". 9. Subsection 28(3) of the Act is amended by deleting the words "his or her" and substituting the words "the minister's". 10. Section 29 of the Act is amended by deleting the words "his or her" and substituting the words "the comptroller general's". 11. Subsection 30(3) of the Act is amended by deleting the words "him or her" and substituting the words "the deputy minister". 12. Subsection 31(1) of the Act is amended by deleting the words "to him or her". 13. Subsection 33(2) of the Act is amended by deleting the words "his or her" and substituting the words "the comptroller general's". 14. Subsection 38(3) of the Act is repealed and the following substituted: (3) Money in a sinking
fund created with respect to securities may, at the direction of the board, be
invested in bonds, debentures or other securities (a) of the Government of
Canada or of a province of Canada; (b) the payment of which
is guaranteed by the Government of Canada or by the government of a province of
Canada; (c) guaranteed by a
chartered bank; (d) of a chartered bank; (e) of a company
incorporated under the Corporations Act to hold title to a building in
the province which is leased to the government, where all of the shares of the
company are held by or on behalf of the government; (f) secured by
collateral consisting of treasury bills, treasury notes and other securities (i) issued by the
Government of Canada or the government of a province of Canada, or (ii) guaranteed by the
Government of Canada or by the government of a province of Canada; (g) secured by
collateral consisting of bearer deposit notes, bankers acceptances and similar
bank investment instruments (i) issued by a
chartered bank, or (ii) guaranteed by a
chartered bank as to repayment of principal and interest, and where bonds,
debentures or other securities of a company referred to in paragraph (e) are
acquired with money from that sinking fund, the government shall not part with
the ownership of the shares of that company until all securities so acquired
have been redeemed by the company; (h) which are bonds or debentures issued or guaranteed by the Canada Mortgage and Housing Corporation; (i) of a municipality of a province of Canada; or (j) issued or guaranteed by a trust company or corporation resident in Canada or the United States which are (i) bonds or debentures that have an investment grade credit rating of Baa3, BBB- or higher as published by a securities rating institution that is recognized as such by the investment industry in Canada or the United States in each of the 2 years immediately preceding the date of investment, (ii) common or preferred shares of publicly traded corporations of the United States which are included in the S&P 500 Index, or (iii) common or preferred shares of publicly traded corporations of Canada which are included in the S&P/TSX 60 Index. 15. (1) Paragraphs 44(1)(a) and (b) of the Act are repealed and the following substituted: (a) appoint one or more
registrars to perform the services in respect of the registration of securities
prescribed by the Lieutenant-Governor in Council; (b) appoint one or more
fiscal agents to perform the services in respect of loans prescribed by the
Lieutenant-Governor in Council; (2) Subsection 44(2) of Act is amended by deleting the words "his or her" and substituting the words "the registrar's or fiscal agent's". 16. Section 45 of the Act is amended by deleting the words "by him or her". 17. Subsection 54(1) of the Act is amended by deleting the words "he or she" and substituting the words "the Lieutenant-Governor in Council". 18. (1) Subsection 77(1) of the Act is amended by (a) deleting the words "for which he or she" and substituting the words "for which the person"; (b) deleting the words "his or her" and substituting the words "the person's"; (c) deleting the words "him or her" and substituting the words "the person or personal representative"; and (d) deleting the words "he or she has done so" and substituting the words "it has been done". (2) Subsection 77(2) of the Act is amended by deleting the words "his or her" and substituting the words "the person's". (3) Subsection 77(4) of the Act is amended by deleting the words "his or her" and substituting the words "the minister's". 19. Section 78 of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the person's". 20. Subsection 79(1) of the Act is amended by deleting the words "he or she" and substituting the words "the officer or person". 21. Section 81 of the Act is amended by (a) deleting the words "his or her" wherever they appear and substituting the words "the officer's or person's"; (b) deleting the words "he or she" and substituting the words "the person"; and (c) deleting the number "1" and substituting the word "one". 22. Subsection 82(1) of the Act is amended by (a) deleting the words "his or her decision" and substituting the words "the officer's or person's decision"; (b) deleting the words "his or her official capacity" and substituting the words "that person's official capacity"; and (c) deleting the number "1" and substituting the word "one". 23. Section 83 of the Act is amended by deleting the words "his or her" and substituting the words "the person's". 24. Section 84 of the Act is amended by deleting the words "his or her" and substituting the words "the officer's or person's". Commencement 25. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council. ©Queen's Printer |