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Copyright 2000: Queens Printer,
St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER D-12

AN ACT RESPECTING THE DEPARTMENT OF FINANCE

Analysis

1. Short title

2. Definitions

3. Department constituted

4. Staff

5. Seal

6. Powers and duties of minister

7. Consultation and conferences

8. Agreements with governments

9. Agreements generally

10. Agreements amended

11. Prior approval for agreements

12. Implementation of agreements

13. Other departments

14. Boards, committees, etc.

15. Minister's powers over boards

16. Regulations

17. Documents

18. Accounts

19. Security

20. Actions

21. Certified copies of documents

22. Property

23. Payments

24. Offences

25. Consent to prosecution

Schedule


Short title

1. This Act may be cited as the Department of Finance Act.

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Definitions

2. In this Act

(a) "comptroller general" means the Comptroller General of Finance appointed under section 20 of the Financial Administration Act;

(b) "department" means the Department of Finance constituted by this Act;

(c) "deputy minister" means the Deputy Minister of Finance appointed under this Act; and

(d) "minister" means the Minister of Finance referred to in section 3.

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Department constituted

3. (1) There shall be a department of the government called the Department of Finance over which the Minister of Finance appointed by the Lieutenant-Governor by commission under the Great Seal of the province shall preside.

(2) The minister has the management and direction of the department and holds office during pleasure.

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Staff

4. (1) The Lieutenant-Governor in Council may appoint an officer called the Deputy Minister of Finance who shall hold office during pleasure.

(2) The Lieutenant-Governor in Council may prescribe powers and duties for the deputy minister and the comptroller general who both shall be deputy heads of the department.

(3) Those other officers and employees that are necessary for the proper conduct of the business of the department shall be appointed or employed in the manner authorized by law, but the minister may temporarily employ those technical and other assistants that the minister considers necessary.

(4) Where there is no deputy minister or the deputy minister is absent, and unless otherwise provided by the Lieutenant-Governor in Council, an officer named by the minister has the powers and shall perform the duties of deputy minister.

(5) As provided by section 21 of the Financial Administration Act, where there is no comptroller general or where the comptroller general is absent, another person designated under that section has the powers and shall perform the duties of the comptroller general.

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Seal

5. (1) The department shall have a seal which shall be officially and judicially noticed.

(2) Where the seal of the department is used, it shall be authenticated by the signature of the minister or by the signature of either the deputy minister or the comptroller general or, where both the deputy minister and the comptroller general are absent, by the signature of the person who, under subsection 4(4) or (5), has the powers of the deputy minister or the comptroller general.

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Powers and duties of minister

6. The powers, functions and duties of the minister extend to and include

(a) the supervision, control and direction of all matters relating to

(i) the financial affairs and public accounts, revenue and expenditure of the province, and

(ii) the administration, subject to the Public Service Rearrangements and Transfers of Duties Act, of the Acts set out in the Schedule and of all orders and regulations passed or made under those Acts and of those other Acts, orders and regulations that are designated by the Lieutenant-Governor in Council,

which are not, or in so far as they are not, by law or by order of the Lieutenant-Governor in Council, assigned to another minister or department of the government;

(b) liaison and co-operation with

(i) the Government of Canada or a department, agency or body under the jurisdiction of that government,

(ii) the government of a province or a department, agency or body under the jurisdiction of the government of a province or under the jurisdiction of the government of this province, or

(iii) a corporation or other body or person

that may be necessary or desirable for carrying out the purpose of this Act;

(c) the undertaking, promotion or recommendation of measures for the development, control and direction of matters referred to in paragraph (a);

(d) the collection, compilation, analyzing and recording of statistical and other information relating to matters referred to in paragraph (a) that may be useful;

(e) the preparation and publication of statistics, reports, records, bulletins, pamphlets, circulars and other means of disseminating information in relation to matters referred to in paragraph (a) that may be useful;

(f) the study of, reporting on and advising upon the administration of matters referred to in paragraph (a);

(g) the consideration and reporting upon a recommendation for a change in the laws of the province relating to matters referred to in paragraph (a) that is presented or made by an organization or person;

(h) the making of inquiries into and reports upon legislation respecting matters referred to in paragraph (a) in force elsewhere in Canada and throughout the world and, on the basis of those inquiries and reports, making recommendations with regard to the laws of the province;

(i) the doing of other things or the exercise of other powers that are necessary or desirable for carrying out the purpose of this Act; and

(j) the exercise and discharge of other powers, functions and duties that the Lieutenant-Governor in Council assigns to the minister.

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Consultation and conferences

7. In exercising the minister's powers or carrying out the minister's duties and functions under this Act, the minister may consult with and inaugurate conferences of representatives of those bodies or persons that the minister considers advisable.

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Agreements with governments

8. (1) Subject to the approval of the Lieutenant-Governor in Council, the minister may enter into agreements with the Government of Canada or of a province of Canada or an agency of the Government of Canada or of the government of a province providing for

(a) the joint undertaking by the government of the province or an agency of the government with those governments or an agency of those governments, of projects relating to an aspect of the powers, functions or duties of the minister; and

(b) the payment by or to the province of contributions in respect of the cost of projects referred to in paragraph (a).

(2) The minister may, for the purpose of this Act, and subject to the approval of the Lieutenant-Governor in Council, prepare and undertake, alone or with Canada or with a province of Canada, programs of research and investigation, and may co-ordinate those programs with other similar programs being undertaken in the province or elsewhere in Canada.

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Agreements generally

9. Subject to the approval of the Lieutenant-Governor in Council, the minister may enter into an agreement for the purpose of exercising or discharging the minister's powers, duties or functions.

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Agreements amended

10. Power to enter into an agreement shall include power to amend that agreement but, where the approval of the Lieutenant-Governor in Council to the original agreement is required, that approval is also required for an amending agreement.

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Prior approval for agreements

11. (1) Notwithstanding that the approval of the Lieutenant-Governor in Council is required for an agreement under section 8 or 9, the Lieutenant-Governor in Council may approve terms, conditions and monetary limits subject to which the minister may, without prior approval of the Lieutenant-Governor in Council, enter into agreements under section 8 or 9.

(2) Subject to the terms, conditions and monetary limits approved by the Lieutenant-Governor in Council under subsection (1), the minister may enter into an agreement without approval of the Lieutenant-Governor in Council.

(3) Where the minister enters into an agreement under subsection (2), the minister may enter into an amending agreement, subject to those same terms, conditions and limits.

(4) Notwithstanding subsection (3), where an amendment to an agreement would result in the agreement, as amended, exceeding or violating the terms, conditions and monetary limits, the minister shall not enter into the amending agreement without first obtaining the approval of the Lieutenant-Governor in Council.

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Implementation of agreements

12. The minister may implement an agreement made under this Act.

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Other departments

13. In carrying out a project or research program under this Act or under an agreement made under this Act, the minister shall, where possible, make use of the services and facilities of other departments of the government.

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Boards, committees, etc.

14. The Lieutenant-Governor in Council may establish boards, committees and councils to assist and advise the minister in administering this Act and appoint the members of those boards, committees and councils.

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Minister's powers over boards

15. The rights, duties, powers, liabilities and functions of the minister extend and apply to those boards and other public bodies, officials, subjects, services and properties of the Crown which the Lieutenant-Governor in Council designates and assigns to the minister and over which the minister is given the control, regulation, management and supervision.

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Regulations

16. (1) The Lieutenant-Governor in Council may make regulations

(a) necessary or desirable for the carrying out of the minister's powers, functions and duties under this Act;

(b) providing for the management, maintenance, proper use and protection of real or personal property of which the minister has the management and control; and

(c) generally, to give effect to the purpose of this Act.

(2) The Lieutenant-Governor in Council may, in regulations made under subsection (1), prescribe penalties for contravening those regulations.

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Documents

17. (1) An agreement, deed or other writing made or executed under this Act shall not bind the government or the minister or be held to be the act of the government or the minister unless it is signed by the minister or the deputy minister or the comptroller general or a person designated under subsection 4(4) or (5) to exercise the powers and perform the duties of the deputy minister or the comptroller general in the circumstances specified.

(2) Subsection (1) does not apply to transactions in the routine course of administering the affairs of the department under this Act.

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Accounts

18. The minister, the deputy minister, the comptroller general or an officer designated under subsection 4(4) or (5) may require an account furnished by a person, whether in the employ of the department or not, to be attested on oath or affirmation, which oath or affirmation may be administered by the minister, the deputy minister, the comptroller general or an officer or person referred to in subsection 4(4) or (5).

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Security

19. The minister, the deputy minister, the comptroller general or an officer designated by or under subsection 4(4) or (5) shall have power to require and take security by way of bond or deposit of money for the performance of work in accordance with an agreement entered into with the minister or the department or an employee of the department.

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Actions

20. Unless otherwise provided by law, all actions, suits and other proceedings taken by the minister or the department for the enforcement of an agreement or for the recovery of damages in tort or arising out of contract or for the trial of a right in respect of real or other property under the control of the minister shall be instituted in the name of the Attorney General.

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Certified copies of documents

21. A copy of a document in the custody of the department, certified by the deputy minister or the comptroller general to be a true copy, is considered to be authentic and is, in the absence of evidence to the contrary, evidence of the same legal effect as the original for the purpose of a proceeding in a court or for another purpose.

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Property

22. (1) The minister, for and in the name of the Crown, may acquire by purchase, lease or otherwise and hold, manage and control real or personal property which the minister considers necessary for the purpose of this Act.

(2) The minister may

(a) sell; or

(b) lease, rent, hire or otherwise dispose of for a period and subject to those terms and conditions that the minister may stipulate,

property of which the minister has the management and control.

(3) All money received by the minister in the exercise of the powers conferred on the minister by subsection (2) shall be paid into the Consolidated Revenue Fund.

(4) Where the Crown acquires or disposes of property through the minister, the minister or either the deputy minister or the comptroller general may execute all documents on behalf of the Crown with his or her signature and official title and with the seal of the department.

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Payments

23. Payments required to be made by or on behalf of the Crown under an agreement entered into under this Act or in carrying out this Act or the regulations shall be paid by the minister out of the Consolidated Revenue Fund.

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Offences

24. (1) A person who contravenes this Act or the regulations is guilty of an offence and is, where no penalty is specifically provided in this Act or the regulations, liable on summary conviction in the case of a 1st conviction to a fine not exceeding $500 and in the case of a 2nd or subsequent conviction for a similar offence to a fine not exceeding $1,000 and, in either case, in default of payment to imprisonment for a term not exceeding 3 months.

(2) For the purpose of subsection (1), a conviction is not considered to be a 2nd or subsequent conviction unless it is in respect of an offence committed within 12 months after a prior offence, and all convictions which are not 2nd or subsequent convictions are considered 1st convictions.

(3) Every continuance for a day or a part of a day of the contravention referred to in subsection (1) constitutes a separate offence.

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Consent to prosecution

25. A prosecution under this Act or the regulations shall not be taken except with the written consent of the minister.

1989 c20 s25

 

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Schedule

1. Baie Verte Mines Inc. Tax Exemption Act

2. Civil Service Act

3. Civil Service Transferred Employees Act

4. Crown Guarantee and Loan Act

5. Deferred Pensions Act

6. Financial Administration Act

7. Financial Corporations Capital Tax Act

8. Gasoline Tax Act

9. Horse Racing Regulation and Tax Act

10. Income Tax Act

11. Increase of Pensions Acts

12. Industrial Development Corporation Act

13. Insurance Companies Tax Act

14. Labrador Tax Exemption Act

15. Liquor Control Act

16. Liquor Corporation Act

17. Loan Acts

18. Loan (Canada Pension Plan Investment Fund) Act, 1966

19. Loan and Guarantee Act, 1957

20. Local Authority Guarantee Act, 1957

21. Members of the House of Assembly Retiring Allowances Act

22. Mineral Holdings Impost Act

23. Minerals and Options Tax Act

24. Mining and Mineral Rights Tax Act

25. Municipal Financing Corporation Act

26. Pension (Auditor General) Act, 1968

27. Pension Benefits Act

28. Pensions (Broadcasting Corporation Employees) Act, 1969

29. Pensions Funding Act

30. Pensions (Gander Airport Employees) Act, 1966-67

31. Pensions (Public Officers) Act, 1966

32. Portability of Pensions Act

33. Public Officials Garnishee Act

34. Public Service Pensions Act

35. Railway Settlement Act, 1923 c.2

36. Reciprocal Taxation Agreement Act

37. Retail Sales Tax Act

38. Savings Certificates Acts

39. Social Security Assessment Exemptions Acts

40. Stamp Act

41. Stock Savings Tax Credit Act

42. Subsidized Institutions Act

43. Supply Acts

44. Taxation Agreement Act

45. Taxation of State Enterprises Act

46. Tobacco Tax Act

47. Uniformed Services Pensions Act

48. Venture Capital Act

49. War Service Pensions Act

1989 c20 Sch

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