17

Third Session, 44th General Assembly

50 Elizabeth II, 2001

BILL 17

AN ACT TO AMEND THE FINANCIAL ADMINISTRATION ACT

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 NOTE

This Bill would amend section 44 of the Financial Administration Act to confirm the authority of trustees appointed under the section to manage, both in the past and in the future, sinking funds of Crown corporations and Crown agencies whose borrowings have been or may be guaranteed by the province.

 

A BILL

AN ACT TO AMEND THE FINANCIAL ADMINISTRATION ACT

Analysis

1. S.44 Amdt.
Powers of the Lieutenant-Governor in Council

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


RSN1990 cF-8
as amended

1. (1) Paragraph 44(1)(e) of the Financial Administration Act is repealed and the following substituted:

(e) appoint trustees to manage, control and operate sinking funds

(i) created under this Act, or

(ii) of a Crown corporation or agency of the Crown where a loan guarantee has been given by the province,

prescribe their duties and authorize them to invest sinking fund money in accordance with subsection 38(3); and

(2) Section 44 of the Act is amended by adding immediately after subsection (2) the following:

(3) Where, prior to the coming into force of this subsection, sinking funds of the Newfoundland Municipal Financing Corporation were managed, controlled and operated by trustees appointed under paragraph (1)(e), those trustees are considered to have had full authority to so manage, control and operate those sinking funds, notwithstanding there may have been a defect in the authority of the trustees to do so.

©Earl G. Tucker, Queen's Printer