50

 

Third Session, 44th General Assembly

50 Elizabeth II, 2001

BILL 50

AN ACT TO AMEND THE FINANCIAL
ADMINISTRATION ACT NO. 2

Received and Read the First Time

Second Reading

Committee

Third Reading

Royal Assent

HONOURABLE JOAN MARIE AYLWARD

Minister of Finance and President of Treasury Board

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Financial Administration Act.

Clause 1 of the Bill would authorize the Treasury Board to delegate authority to deputy ministers to write off uncollectible amounts due the Crown not exceeding $1,000.

Clause 2 of the Bill would clarify the authority of the President of Treasury Board to grant remissions for amounts of less than $5,000.

Clause 3 of the Bill would authorize the issue of a special warrant, in the event the House of Assembly is dissolved at the end of a fiscal year, to defray continuing expenses of the public service for the first 4 months of the next fiscal year.

Clause 4 of the Bill would provide for the submission of the Public Accounts by the President of the Treasury Board to the Clerk of the House of Assembly if the House is not in session on the day chosen by the minister for their release.

 

A BILL

AN ACT TO AMEND THE FINANCIAL ADMINISTRATION ACT NO. 2

Analysis

1. S.18 Amdt.
Write-off of bad debts

2. S.19(1.1) R&S
Remissions of forfeitures etc.

3. S.28 Amdt.
Special warrants

4. S.60 R&S
Tabling of public accounts

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


RSN1990 cF-8
as amended

1. (1) Section 18 of the Financial Administration Act is amended by renumbering it as subsection 18(1).

(2) Section 18 of the Act is amended by adding immediately after subsection (1) the following:

(2) Notwithstanding subsection (1), the board may authorize deputy ministers of the departments of government, subject to the rules that the board may establish, to write off deficits of $1,000 or less.

(3) The writing off of a deficit under subsection (1) or (2) does not affect the obligation of a person from whom the deficit was due to pay it or the right of the Crown to recover it.

 

2. Subsection 19(1.1) of the Act is repealed and the following substituted:

(1.1) Notwithstanding subsection (5), the Minister of Finance may, upon the recommendation of Treasury Board, remit a tax payable to the Crown, imposed or authorized to be imposed by an Act, or approve settlements, all of which shall be in amounts of less than $5,000.

 

3. Section 28 of the Act is amended by adding immediately after subsection (3) the following:

(3.1) Where at the end of a fiscal year the House of Assembly is dissolved and an appropriation to defray expenses of the public service is required for a period not exceeding the first 4 months of the following fiscal year, the Lieutenant-Governor in Council may, upon the recommendation in writing of the board, order that a special warrant be prepared for signature by the Lieutenant-Governor for the issue of the amount estimated to be required.

(3.2) A warrant issued under subsection (3.1) shall not authorize the expenditure of amounts greater than those required to defray expenses of the public service for a period not exceeding the first 4 months of the following fiscal year for which appropriations were made in the previous fiscal year.

 

4. Section 60 of the Act is repealed and the following substituted:

Tabling of public accounts

60. (1) The minister shall lay the Public Accounts before the House of Assembly or submit them to the Clerk of the House of Assembly before February 1 in the following year.

(2) Notwithstanding subsection 59(1), if the Legislature is not in session on the day chosen by the minister for laying the Public Accounts before the House of Assembly, the minister shall submit the Public Accounts to the Clerk of the House of Assembly.

(3) On receipt of the Public Accounts under subsection (2), the clerk shall provide a copy to each member and make them available for inspection by the public.

(4) The Public Accounts are considered to have been laid before the House of Assembly when submitted to the clerk.

 

 

 

 

©Earl G. Tucker, Queen's Printer