Bill 31 (Legislature 20, Session 2)

L20 S2 3502

Alberta — Bills

1984 BILL 31 Second Session, 20th Legislature, 33 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 31 FINANCIAL ADMINISTRATION AMENDMENT ACT, 1984 THE PROVINCIAL TREASURER First Reading -, Second Reading Committee of the Whole Third Reading Royal Assent

BiU 31 BILL 31 1984 FINANCIAL ADMINISTRATION AMENDMENT ACT, 1984 (Assented to , 1984) HER MAJESTY, by and with the advice and consent ofthe Legislative Assembly of Alberta, enacts as follows: / The Financial Administration Act is amended by this Act. 2

Section 1(1) is amended (

a) in clause (

n) by striking out "Alberta Housing Act" arui sub stituting "Alberta Housing Act or a board of a hospital district appointed by an order made under

section 8 of the Hospitals Act"; (

b) in clause (

u) by striking out "or" at the end of subclause (vii), adding "or" at the end of subclause (viii) and adding the following after subclause (viii): (ix) the revolving fund established under

section 18.1 ofthis Act,

Explanatory Notes 1 This Bill amends

chapter F-9 ofthe Revised Statutes of Alberta 1980. 2

Section 1(1 )(

n) and (

u) presently read: 1(1) In this Act, (n) "Provincial corporation" means (

i) a corporation that is incorporated by or under

an Act of the Legislature, other than a local or private Act, aU or a majority of whose members or directors are appointed or designated, either by their personal names or by their names of office, by

an Act of the Legislature or regulations under

an Act ofthe Legislature, by an order ofthe Lieutenant Governor in Council or of a Minister ofthe Crown or by any combination thereof, or (ii) a corporation all of whose issued voting shares of every class are owned by the Crown or held in trust for the Crown or are partly owned by the Crown and partly held in trust for the Crown, but does not incltuie a new town or a housing authority incorporated under

section 39 ofthe Alberta Housing Act; (u) "revolvingfund" means (

i) the revolving fund established uruier

section 9(1) of the De partment of Public Works, Supply arui Services Act, (ii) the revolving fund established under

section 14(2) ofthe De partment of Education Act, (iii) repealed 1983 cD-23.1 si3, (iv) the revolving fund established uruier

section 10(1) ofthe De partment of Transportation Act, (

v) the revolving fund established under

section 93(1) of the Water Resources Act, (vi) the revolving fund established uruier

section 7(2) ofthe De partment of Recreation and Parks Act, (vii) the revolving fund established under

section 9(1) ofthe De partment of Culture Act, or Explanatory Notes

Section 2(5) is amended (

a) by adding the following after clause (a): (a.

l) the interim goveming body of a university under the Universities Act, (

b) by adding the following after clause (c.I): (c.2) the interim goveming authority of a technical mstitute under the Technical Institutes Act, (

c) by striking out "Provincial corporations" arui substituting "Provincial corporations and

section 18.1 applies as if they were Provincial agencies". 4 The foUowing is added after

section 18: 18.1(1) The Provincial Treasurer shall estabhsh and admmister a revolving fund for the Treasury Department.

(2) The Provincial Treasurer may make advances from the Gen eral Revenue Fund to the revolving fund of sums that may be required to pay for the acquisition of equipment, supplies and services that may be provided by the revolving fimd under sub section (4).

(3) The net amount of advances under subsection (2) less amounts credited under subsection (5) shall not, at any time, exceed $3 000 000.

(4) The Provincial Treasurer may make payments from the re volving fund to acquire equipment, supplies and services re quired to provide financial, general management, insurance and risk management services to the Treasury Department and to Provincial agencies, including those agencies hsted in

section 2(5), and may charge to the Treasury Department and the Provincial agencies the cost of the services provided.

(5) The proceeds of or credits for any charges made under sub section (4) to the Treasury Department or Provincial agenaes shall be credited in reduction of the advances made under sub section (2).

(viii) the revolving fund established uruier

section 2.1 ofthe Public Service Act, arui includes a furui desigruUed as a revolving furui by the regulations; 3

Section 2(5) presently reads:

(5) This Act does not apply to (

a) the board of a university uruier the Universities Act, (

b) the board of a public college under the Colleges Act, (

c) The Governors ofthe Banff Centre for Continuing Education, (cl) the board of a technical institute under the Technical Institutes Act, (

d) the Alberta Heritage Foundation for Medical Research, (

e) the board of management of a Provincial General Hospital uruier the Provincial General Hospitals Act. (e.

l) a mental health hospital board uruier the Mental Health Act, (

f) the Alberta Cancer Board, or (

g) the University Hospitals Board under the University of Alberta Hospitals Act, except that this

section arui

section 81 apply to the corporations described in clauses (

a) to (

g) as if they were Provincial corporations. 4 Revolving fund. Explanatory Notes

Section 39 is repealed and the following is substituted: 39(1) Except as otherwise provided in this Act, the Provincia Treasurer shall implement those procedures that he consider,; necessary (

a) in the case of an expenditure charged against or made pursuant to an appropriation or made from a revolving fund, to satisfy himself that (

i) in the case of an expenditure charged against a supply vote or a Heritage Fund vote, there is authority available imder the supply vote or Heritage Fund vote for the pur pose of making the expenditure, (ii) in the case of an expenditure made from a revolving fund, there is money available in the revolving fund for the purpose of making the expenditure, (ui) the expenditure does not exceed any maximum hmit prescribed by law, (iv) an accounting ofl&cer has given the certification re quired by

section 37(1) in respect ofthe expenditure, (

v) the expenditure is for a purpose authorized by the applicable appropriation or for a purpose for which the revolving fund was established, (vi) in the case of an expenditure made pursuant to a contract, it is not contrary to the contract, and (vu) the expenditure does not contravene this or any other Act or a regulation, directive or order made pursuant to this or any other Act; (

b) in the case of a disbursement that is not an expenditure, to satisfy himself that (

i) there is money available for the purpose of the dis bursement, (

u) an accounting officer has given the certification re quired by

section 37(2) in respect of the disbursement, (iii) in the case of a disbursement made pursuant to a contract, it is not contrary to the provisions of the con tract, (iv) in the case of a disbursement made from a regulated fund, it is not contrary to any instrument that created the fund or that governs disbursements from the fund, and (

v) the disbursement does not contravene this or any other Act or a regtilation, directive or order made pursuant to this or any other Act.

(2) The procedures determined under subsection (1) may be ap plied before or after an expenditure or disbursement is made.

Section 39 presently reads: 39 Except as otherwise provided in this Act, the Provincial Treasurer shaU ensure that no disbursement is made unless (

a) in the case of a proposed expenditure to be charged against or made pursuant to an appropriation or to be made from a revolving fund, he is satisfted that (

i) in the case of a proposed experuiiture to be charged against a supply vote or Heritage Fund vote, there is authority available uruier the supply vote or Heritage Furui vote for the purpose of making the proposed expenditure. (ii) in the case of a proposed experuiiture to be made from a revolving fund, there is money available in the revolving fiind for the purpose of making the proposed expenditure, (iii) the proposed experuiiture does not exceed any maximum limit prescribed by law, (iv) he has received the certiftcate of an accounting officer made pursuant to

section 37(1) relating to the proposed experuiiture, (

v) the proposed experuiiture is for a purpose authorized by the applicable appropriation or for a purpose for which the revolving fund was established. (vi) in the case of a proposed experuiiture to be made pursuant to a contract, it is not contrary to the contract, and (vii) the proposed expenditure would not. if made, contravene this or any other Act or a regulation, directive or order made pursuant to this or any other Act; (

b) in the case of a proposed disbursement that is not an experuiiture. he is satisfted that (

i) there is money available for the purpose of making the pro posed disbursement. (ii) he has received the certiftcate of an accounting officer made pursuant to

section 37(2) relating to the proposed disbursement. (iii) in the case of a proposed disbursement to be made pursuant to a contract. U is not contrary to the provisions ofthe contract. (iv) in the case of a proposed disbursement to be made from a regulated fund. U is not contrary to any instrument that created the fund or that governs disbursements from the fund, and (

v) the proposed disbursement would not, ifnuide, contravene this or any other Act or a regulation, directive or order made purstmnt to this or any other Act. Explanatory Notes

Section 6I(l)(

a) is amended by striking out "purchasmg" and sub stituting "making loans and purchasing". 7

Section 62(2) is amended (

a) in clause (

a) by striking out "bills" and substituting "bills or notes"; (

b) by repealing clause (

b) and substituting the following: (

b) in relation to the issue and sale of treasury bills or notes, (

i) the gross amount of treasury bills or notes that may be outstanding or issued, (ii) in the case of treasury bills or notes that are to be sold at a discount, the minimum price for which they may be sold, (iii) in the case of treasury bills or notes that are to bear interest at a fixed rate of interest, the maximum interest rate that they may bear, (iv) in the case of notes that are to bear interest at a variable rate of interest, the maximum interest rate that they may bear expressed in relation to another specified rate of interest, (

v) the maturity date or dates or the term or terms ofthe treasury bills or notes that are to be issued, and (vi) the currency in which the treasury bills or notes are to be issued. 8

Section 62.1 is amended (

a) in subsection (2) by striking out "to" and substituting "to make loans to and"; (

b) in subsection (3) by striking out "with" and substituting''mih loans made to and". In accordance with

section 4(1) ofthe

Interpretation Act, this BiU comes into force on the date U receives Royal Assent.

Section 61 (1 Xa) presently reads: 61(1) The Lieutenant Governor in CouncU may. by order authorize the Provincial TYeasurer to borrow money on behalf of the Crown in the amounts set out in the order for the purposes of (

a) purchasing securities uruier

section 62.1(2). 7

Section 62(2) presently reads:

(2) An order in councU uruier

section 61 shaU specify (

a) in relation to a loan to be secured by the issue and sale of a class or classes of Government securities other than treasury bills. (0 the gross amount that may be borrowed, (ii) the time within which the borrowing may take place, (iii) the maturity date or dates for and the maximum interest rate ofthe securities that are to be issued, (iv) the currency in which the securities are to be issued, (

v) if the securities are to be sold at a discount, the minimum price for which they may be sold. (vi) if a premium is to be paid on redemption ofthe securities, the maximum premium that may be paid, arui (vii) whether a sinking fund is to be established from which the indebtedness is to be repaid; (

b) in relation to the issue and sale of treasury bills. (

i) the gross amount of treasury bills that may be outstaruiing, (ii) in the case of non-interest bearing treasury bills, the mini mum price for which they may be sold, (iii) in the case of interest bearing treasury bills, the maximum interest rate that they may bear, (iv) the maturity date or dates or the term or terms ofthe treasury bills that are to be issued, and (

v) the currency in which the treasury bills are to be issued. 8

Section 62.1(2) and (3) presently read:

(2) The Lieutenant Governor in Council, by order and in respect of a Provincial corporation, may authorize the Provincial Treasurer to purchase securities of that Provincial corporation by using money from the Loan Fund on any terms and conditions that the order may contain.

(3) Any money paid to the Provincial Treasurer by a Provincial corpora tion in connection with securities purchased from that corporation pur suant to subsection (2) shaUform part ofthe Loan Fund. Explanatory Notes Title: 1984 (20th, 2nd) Bill 31, Financial Administration Amendment Act, 1984

Document details

Collection	Alberta — Bills
Citation	L20 S2 3502
Type	bill
Volume / chapter	L20 S2 3502
Language	en
Format	json
Source	PROVINCIAL
Identifier	b41937fd017a4c9b03a8bec91aab3d17004fbdac

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