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

Assented to 2006-12-12

R.S., c. P-14Pilotage Act

  •  (1) Subsection 3(3) of the Pilotage Act is replaced by the following:

    • Marginal note:Other members

      (3) Each of the other members of an Authority shall be appointed by the Minister, with the approval of the Governor in Council, to hold office during pleasure for a term, not exceeding four years, that will ensure, as far as possible, the expiration in any one year of the terms of office of not more than one half of the members.

  • Marginal note:1998, c. 10, s. 145(2)

    (2) Subsection 3(3.1) of the English version of the Act is replaced by the following:

    • Marginal note:Full- or part-time

      (3.1) The Chairperson and the Vice-Chairperson may be appointed to serve full-time or part-time.

 Section 10 of the English version of the Act is replaced by the following:

Marginal note:Vice-Chair­person

10. The Governor in Council may appoint one of the members, other than the Chairperson, of an Authority to be Vice-Chairperson.

 Subsection 13(2) of the English version of the Act is replaced by the following:

  • Marginal note:When Vice-Chair­person to act

    (2) In the event of the absence or incapacity of the Chairperson of an Authority, or if the office of Chairperson is vacant, the Vice-Chairperson, if any, of the Authority shall act as Chairperson.

 Subsections 14(1) and (2) of the English version of the Act are replaced by the following:

Marginal note:Remuneration
  • 14. (1) The Chairperson and Vice-Chairperson of an Authority shall be paid remuneration to be fixed by the Governor in Council.

  • Marginal note:Members’ allowances

    (2) A member, other than the Chairperson or Vice-Chairperson, of an Authority shall be paid a daily allowance to be fixed by the Governor in Council for each day that the member is engaged on the business of the Authority.

Marginal note:Replacement of references

 The English version of the Act is amended by replacing “Chairman” with “Chairperson” wherever it occurs in the following provisions:

  • (a) subsections 3(1) and (2);

  • (b) subsections 13(1) and (1.1);

  • (c) subparagraph 17(1)(b)(i);

  • (d) subsections 27(1) to (3); and

  • (e) subsection 27(5).

1999, c. 34Public Sector Pension Investment Board Act

Marginal note:2005, c. 30, s. 47

 Subsection 3(6) of the Public Sector Pension Investment Board Act is replaced by the following:

  • Marginal note:Financial Administration Act

    (6) Part X of the Financial Administration Act, except for sections 132 to 147 and 154.01, does not apply to the Board. For the purposes of those sections, any reference to section 131 of that Act shall be read as a reference to section 35 of this Act.

 Subsection 9(1) of the Act is replaced by the following:

Marginal note:Appointment of directors
  • 9. (1) Each director shall be appointed by the Governor in Council, on the recommendation of the Minister, to hold office during good behaviour for a term, not exceeding four years, that will ensure, as far as possible, the expiry in any one year of the terms of office of not more than one half of the directors.

 Section 27 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Restriction — audit committee

    (1.1) None of the members of the audit committee may be officers or employees of the Board or any of its affiliates, within the meaning of section 83 of the Financial Administration Act.

R.S., c. R-9Royal Canadian Mint Act

Marginal note:R.S., c. 35 (3rd Supp.), s. 9

 Section 11 of the Royal Canadian Mint Act is replaced by the following:

Marginal note:Appointment of directors

11. Each director, other than the Chairperson and the Master of the Mint, shall be appointed by the Minister, with the approval of the Governor in Council, to hold office during pleasure for a term not exceeding four years that will ensure, as far as possible, the expiration in any one year of the terms of office of not more than one half of the directors.

R.S., c. S-16Standards Council of Canada Act

 Subsection 6(1) of the Standards Council of Canada Act is replaced by the following:

Marginal note:Appointment of members
  • 6. (1) Each member of the Council, other than the persons referred to in paragraphs 3(b) and (c), shall be appointed by the Governor in Council, on the recommendation of the Minister, to hold office during pleasure for a term not exceeding four years that will ensure, as far as possible, the expiration in any one year of the terms of office of not more than one half of the members.

Coming into Force

Marginal note:Order in council
  •  (1) Subject to subsection (2), sections 239 to 242, 244, 246 to 253 and 261, subsections 262(1) and (3) and sections 263 to 266, 269, 283 to 289 and 295 come into force on a day or days to be fixed by order of the Governor in Council.

  • Marginal note:Order in council

    (2) Subsection 262(2) comes into force, in accordance with subsection 114(4) of the Canada Pension Plan, on a day to be fixed by order of the Governor in Council.

PART 5PROCUREMENT AND CONTRACTING

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

Marginal note:2005, c. 30, s. 32
  •  (1) The definitions “not-for-profit corporation” and “recipient corporation” in section 2 of the Auditor General Act are repealed.

  • Marginal note:2005, c. 30, s. 32

    (2) The definition “funding agreement” in section 2 of the Act is replaced by the following:

    “funding agreement”

    « accord de financement »

    “funding agreement” has the meaning given to that expression by subsection 42(4) of the Financial Administration Act;

  • (3) Section 2 of the Act is amended by adding the following in alphabetical order:

    “recipient”

    « bénéficiaire »

    “recipient” has the meaning given to that expression by subsection 42(4) of the Financial Administration Act;

Marginal note:2005, c. 30, s. 33
  •  (1) The portion of subsection 2.1(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Control
    • 2.1 (1) For the purpose of paragraph (d) of the definition “recipient” in subsection 42(4) of the Financial Administration Act, a municipality or government controls a corporation with share capital if

  • Marginal note:2005, c. 30, s. 33

    (2) Subsection 2.1(2) of the Act is replaced by the following:

    • Marginal note:Control

      (2) For the purpose of paragraph (d) of the definition “recipient” in subsection 42(4) of the Financial Administration Act, a corporation without share capital is controlled by a municipality or government if it is able to appoint the majority of the directors of the corporation, whether or not it does so.

 The heading before section 5 of the Act is replaced by the following:

POWERS AND DUTIES
Marginal note:2005, c. 30, s. 34

 Subsection 7.1(1) of the Act is replaced by the following:

Marginal note:Inquiry and report
  • 7.1 (1) The Auditor General may, with respect to a recipient under any funding agreement, inquire into whether

    • (a) the recipient has failed to fulfil its obligations under any funding agreement;

    • (b) money the recipient has received under any funding agreement has been used without due regard to economy and efficiency;

    • (c) the recipient has failed to establish satisfactory procedures to measure and report on the effectiveness of its activities in relation to the objectives for which it received funding under any funding agreement;

    • (d) the recipient has failed to faithfully and properly maintain accounts and essential records in relation to any amount it has received under any funding agreement; or

    • (e) money the recipient has received under any funding agreement has been expended without due regard to the environmental effects of those expenditures in the context of sustainable development.

 

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