2005 BILL 7

	7


Second Session, 45th General Assembly 54 Elizabeth II, 2005
BILL 7
AN ACT TO AMEND THE EXECUTIVE COUNCIL ACT
Received and Read the First Time
Second Reading
Committee
Third Reading
Royal Assent
HONOURABLE LOYOLA SULLIVAN Minister of Finance and President of Treasury Board
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

Clauses 1 and 2 of the Bill would amend sections 10 and 11 of the Executive Council Act to clarify that the provisions of the Financial Administration Act apply to the authority of a minister to enter into agreements in furtherance of his or her duties and responsibilities.

Clause 3 of the Bill would repeal section 16 of the Act to remove the potential conflict between it and the provisions of the Financial Administration Act.

Clause 4 of the Bill would require that the Treasury Board determine the timing and manner of the transfer of funds from one department or head of expenditure to another consequent on a government reorganization, taking into consideration the requirements for changing the government ledger kept by the Comptroller General of Finance.

A BILL

AN ACT TO AMEND THE EXECUTIVE
COUNCIL ACT
Analysis

1. S.10 Amdt.
Agreements with governments

2. S.11(1) R&S
Agreements generally

3. S.16 Rep.
Payments

4. S.20 R&S
Transfer of money

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

SNL1996 cE-16.1 as amended

1. Section 10 of the Executive Council Act is amended by adding immediately after the words "Intergovernmental Affairs Act" the words "and the requirements of the Financial Administration Act".

2. Subsection 11(1) of the Act is repealed and the following substituted:

Agreements generally

11. (1) Subject to the requirements of the Financial Administration Act, a minister may enter into an agreement for the purpose of exercising or discharging his or her powers, functions or duties.

3. Section 16 of the Act is repealed.

4. Section 20 of the Act is repealed and the following substituted:

Transfer of money

20. (1) Where, under section 17, the duties and functions of a department are transferred to another department, all of the money authorized by an Act of the Legislature to be paid and applied for the purpose of carrying out those duties and functions and remaining unexpended shall, notwithstanding the transfer of those duties and functions, continue to be expended in carrying out those duties and functions.

(2) The Treasury Board shall, following consultation with the Comptroller General of Finance, determine the timing and manner of the transfer of money from one head of expenditure to another consequent on the transfer of duties and functions of one department to another under section 17 taking into consideration the changes required to be made by the comptroller general to the ledger referred to in section 27 of the Financial Administration Act and the time required to make those changes.