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1997 Legislative Session: 2nd Session, 36th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

MR. WEISGERBER

BILL M 201 – 1997

FINANCIAL ADMINISTRATION

AMENDMENT ACT, 1997

(SPECIAL WARRANT ABOLITION)

Interpretation

Section 1 of the Financial Administration Act, S.B.C. 1981, c. 15, is hereby amended by

deleting 1 (1) (

c) and inserting the following:

(

c) an appropriation by supplementary supply under

section 21;

Special Warrant

Section 21 of the Financial Administration Act, S.B.C. 1981, c. 15, is hereby deleted and

the following

section inserted:

Supplementary Supply

(1) If, while the Legislature is not in session, a matter arises for which an expenditure

not foreseen or provided for or insufficiently provided for is urgently and

immediately required for the public good, the Lieutenant Governor in Council,

(

a) on the report of the appropriate minister that there is no appropriation for

the expenditure or that the appropriation is exhausted or insufficient, and

that the expenditure is urgently and immediately required for the public

good, and

(

b) on the recommendation of the Treasury Board,

may request the Lieutenant Governor to summon the Legislative Assembly for the

purpose of enabling the appropriate minister to present supplementary supply.

(2) For the purpose of subsection (1), the Legislature is not in session where it is

prorogued or dissolved, or is adjourned following a resolution to adjourn.

(3) Where supplementary supply is passed by the Legislative Assembly in respect of

an expenditure for which there is no appropriation, the supplementary supply

shall be deemed to be an appropriation for the fiscal year in which the supplementary supply is approved by the Legislative Assembly.

(4) Where supplementary supply is granted by the Legislative Assembly under this

section in respect of an expenditure where an appropriation for that expenditure

is exhausted or insufficient, the supplementary supply shall be added to and

deemed part of the appropriation for the fiscal year in which the supplementary

supply is approved by the Legislative Assembly.

(5) In this

section

"appropriate minister" means, in relation to

(

a) an Act or a ministry, the minister charged with its administration,

(

b) an appropriation, the minister having charge of the appropriation, or

(

c) any other matter

(

i) the minister in whose portfolio the matter falls in the usual course of

government business, or

(ii) in any case where there is doubt, the minister specified by the

Lieutenant Governor in Council,

and "appropriate minister" includes a minister acting in the place of the

appropriate minister, but does not include a deputy minister;

"supplementary supply" is a request for funds by the appropriate minister arising

from a situation outlined in 21 (1) (

a) and 21 (1) (

b) thus requiring the summoning of the Legislative Assembly and the approval of that body prior to the

expenditure of those funds.

Explanatory Note

This Bill abolishes the use of special warrants and introduces supplementary supply which requires the summoning of the Legislative Assembly and the approval of that body prior to the appropriate minister expending any funds not already passed during the Estimates process.

Copyright © 1997: Queen's Printer, Victoria, British Columbia, Canada