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Federal Accountability Act (S.C. 2006, c. 9)

Assented to 2006-12-12

 Subsection 53(2) of the Act is replaced by the following:

  • Marginal note:Exceptions to priority rights

    (2) A deputy head may deploy a person without regard to any other person’s right to be appointed under subsection 41(1) or (4) or any regulations made pursuant to paragraph 22(2)(a).

 Section 87 of the Act is replaced by the following:

Marginal note:Where no right to complain

87. No complaint may be made under section 77 in respect of an appointment under subsection 15(6) (re-appointment on revocation by deputy head), section 40 (priorities — surplus employees), subsection 41(1) or (4) (other priorities) or section 73 (re-appointment on revocation by Commission) or 86 (re-appointment following Tribunal order), or under any regulations made pursuant to paragraph 22(2)(a).

 The Act is amended by adding the following after section 127:

Deputy Ministers and Other Senior Officials

Marginal note:Appointment by Governor in Council
  • 127.1 (1) The Governor in Council may appoint persons to the following positions and fix their remuneration:

    • (a) deputy minister, associate deputy minister and positions of equivalent ranks;

    • (b) deputy head, associate deputy head and positions of equivalent ranks; and

    • (c) special adviser to a minister.

  • Marginal note:Application of Part 7

    (2) For greater certainty, the provisions of Part 7 applicable to deputy heads apply to persons appointed as such or as deputy ministers under subsection (1), and the provisions of that Part applicable to employees apply to other persons appointed under subsection (1).

Transitional Provision

Marginal note:Employees of ministers’ offices

 A person referred to in subsection 41(2) or (3) of the Public Service Employment Act, as it read on the coming into force of subsection 103(1) of this Act, shall continue to be given priority for appointment in accordance with subsection 41(2) or (3), as the case may be, for a period of one year following the day on which the person ceased to be employed if that day is prior to the coming into force of this section.

Coming into Force

Marginal note:Order in council
  •  (1) The provisions of the Conflict of Interest Act, as enacted by section 2 of this Act, sections 3 to 34 of this Act and any provisions enacted or repeals effected by those sections come into force on a day or days to be fixed by order of the Governor in Council.

  • Marginal note:Order in council

    (2) Notwithstanding subsection 114(4) of the Canada Pension Plan, the provisions of the Conflict of Interest Act, as enacted by section 2 of this Act, come into force as provided under subsection (1) but do not apply in respect of the Canada Pension Plan Investment Board unless the lieutenant governor in council of each of at least two thirds of the included provinces, within the meaning of subsection 114(1) of the Canada Pension Plan, having in the aggregate not less than two thirds of the population of all of the included provinces, has signified the consent of that province to those provisions.

  • Marginal note:Coming into force

    (3) Sections 39 and 40, subsections 44(1) and (2) and sections 56 and 58 come into force six months after the day on which this Act receives royal assent.

  • Marginal note:Coming into force

    (4) Sections 41 to 43, subsections 44(3) and (4) and sections 45 to 55, 57 and 60 to 64 come into force or are deemed to have come into force on January 1, 2007.

  • Marginal note:Coming into force

    (4.1) Sections 63 and 64 come into force or are deemed to have come into force on January 1, 2007, but do not apply in respect of monetary contributions made before that day.

  • Marginal note:Order in council

    (5) Sections 65 to 82, 84 to 88 and 89 to 98 come into force on a day or days to be fixed by order of the Governor in Council.

  • Marginal note:Coming into force

    (6) Section 99 of this Act comes into force on the day on which section 81 of the Parliament of Canada Act, as enacted by section 28 of this Act, comes into force.

PART 2SUPPORTING PARLIAMENT

R.S., c. A-1Access to Information Act

  •  (1) Subsections 54(1) and (2) of the Access to Information Act are replaced by the following:

    Marginal note:Appointment
    • 54. (1) The Governor in Council shall, by commission under the Great Seal, appoint an Information Commissioner after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

    • Marginal note:Tenure

      (2) Subject to this section, the Information Commissioner holds office during good behaviour for a term of seven years, but may be removed for cause by the Governor in Council at any time on address of the Senate and House of Commons.

  • (2) Subsection 54(4) of the Act is replaced by the following:

    • Marginal note:Interim appointment

      (4) In the event of the absence or incapacity of the Information Commissioner, or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council.

R.S., c. A-17Auditor General Act

  •  (1) Subsections 3(1) and (2) of the Auditor General Act are replaced by the following:

    Marginal note:Appointment
    • 3. (1) The Governor in Council shall, by commission under the Great Seal, appoint an Auditor General of Canada after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

    • Marginal note:Tenure

      (1.1) The Auditor General holds office during good behaviour for a term of 10 years but may be removed for cause by the Governor in Council on address of the Senate and House of Commons.

    • Marginal note:Ceasing to hold office

      (2) Despite subsections (1) and (1.1), the Auditor General ceases to hold office on reaching 65 years of age.

  • (2) Subsection 3(4) of the Act is replaced by the following:

    • Marginal note:Interim appointment

      (4) In the event of the absence or incapacity of the Auditor General or if that office is vacant, the Governor in Council may appoint any qualified auditor to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council.

R.S., c. 31 (4th Supp.)Official Languages Act

  •  (1) Subsections 49(1) and (2) of the Official Languages Act are replaced by the following:

    Marginal note:Appointment
    • 49. (1) The Governor in Council shall, by commission under the Great Seal, appoint a Commissioner of Official Languages for Canada after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

    • Marginal note:Tenure

      (2) Subject to this section, the Commissioner holds office during good behaviour for a term of seven years, but may be removed for cause by the Governor in Council at any time on address of the Senate and House of Commons.

  • (2) Subsection 49(4) of the Act is replaced by the following:

    • Marginal note:Interim appointment

      (4) In the event of the absence or incapacity of the Commissioner or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council.

R.S., c. P-1Parliament of Canada Act

Amendments to Act

Marginal note:2004, c. 7, s. 2

 Subsection 20.2(2) of the Parliament of Canada Act is replaced by the following:

  • Marginal note:Interim appointment

    (2) In the event of the absence or incapacity of the Senate Ethics Officer, or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council.

Marginal note:2004, c. 7, s. 4

 Subsection 72.02(2) of the Act is replaced by the following:

  • Marginal note:Interim appointment

    (2) In the event of the absence or incapacity of the Ethics Commissioner, or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council.

 Subsection 75(4) of the Act is replaced by the following:

  • Marginal note:Other officers and employees

    (4) The officers, other than the Parliamentary Librarian, the Associate Parliamentary Librarian and the Parliamentary Budget Officer, and the clerks and servants who are authorized by law and required for the service of the Library may be appointed in the manner prescribed by law to hold office during pleasure.

 

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