Federal Accountability Act (S.C. 2006, c. 9)
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Assented to 2006-12-12
PART 3OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS, ADMINISTRATIVE TRANSPARENCY AND DISCLOSURE OF WRONGDOING
2005, c. 46Public Servants Disclosure Protection Act
Amendments to Act
225. Subsection 59(1) of the Act is repealed.
Coordinating Amendment
226. On the later of the day on which section 45 of the Conflict of Interest Act comes into force and the day on which section 24 of the Public Servants Disclosure Protection Act comes into force ― or, if those days are the same day, then on that day ― section 24 of the Public Servants Disclosure Protection Act is amended by adding the following after subsection (2):
Marginal note:Jurisdiction of the Conflict of Interest and Ethics Commissioner
(2.1) The Commissioner must refuse to deal with a disclosure or to commence an investigation if he or she is of the opinion that the subject-matter of the disclosure or the investigation is within the jurisdiction of the Conflict of Interest and Ethics Commissioner under the Conflict of Interest Act and must refer the matter to the Conflict of Interest and Ethics Commissioner.
R.S., c. S-3Salaries Act
227. The Salaries Act is amended by adding the following after section 1:
PUBLIC APPOINTMENTS COMMISSION
Marginal note:Functions of Commission
1.1 (1) The Governor in Council may establish a Public Appointments Commission, consisting of a chairperson and not more than four other members
(a) to oversee, monitor, review and report on the selection process for appointments and reappointments by the Governor in Council to agencies, boards, commissions and Crown corporations, and to ensure that every such process is widely made public and conducted in a fair, open and transparent manner and that the appointments are based on merit;
(b) to evaluate and approve the selection processes proposed by ministers to fill vacancies and determine reappointments within their portfolios, monitor and review those processes, and ensure that they are implemented as approved, giving special attention to any instances in which ministers make appointments that are inconsistent with the recommendations of appointment panels;
(c) to develop and establish a code of practice for appointments by the Governor in Council and ministers that sets out the steps that are necessary for a fair, open and transparent appointment process, including requirements for appointments and criteria for appointments to be made fully public;
(d) to audit appointment policies and practices in order to determine whether the code of practice is being observed;
(e) to report publicly on compliance with the code of practice, in particular by providing an annual report to the Prime Minister to be transmitted to the Speaker of each House of Parliament for tabling and referral to the appropriate committee of that House for study;
(f) to provide public education and training of public servants involved in appointment and reappointment processes regarding the code of practice; and
(g) to perform any other function specified by the Governor in Council.
Marginal note:Appointment
(2) Before making a recommendation to the Governor in Council that a person be appointed to the Commission, the Prime Minister shall consult with the leader of every recognized party in the House of Commons. An announcement of an appointment shall be transmitted to the Speaker of the House of Commons for tabling in that House.
Marginal note:Term of office
(3) Members of the Commission hold office during good behaviour for a term of five years and may be reappointed for a further term or terms, but are removable for cause by the Governor in Council.
Marginal note:Report to Parliament
(4) In its report, the Commission shall identify any material failure to comply with its code of practice by any department, Minister or official.
Marginal note:Remuneration and expenses
1.2 (1) Members of the Public Appointments Commission shall be paid the remuneration and expenses fixed by the Governor in Council.
Marginal note:Appointment of staff
(2) Any employees that are required by the Commission to enable it to carry out its functions shall be appointed in accordance with the Public Service Employment Act.
Coming into Force
Marginal note:Order in council
228. (1) Sections 3.01 and 3.1 of the Access to Information Act, as enacted by section 142 of this Act, and section 3.01 of the Privacy Act, as enacted by section 182 of this Act, as well as subsection 141(2), sections 143 to 149, 154 and 157 to 160, subsection 163(1), sections 164 to 179, subsection 181(2) and sections 183, 184 and 186 to 193 of this Act and any provisions enacted by those provisions come into force on a day or days to be fixed by order of the Governor in Council.
Marginal note:Canada Pension Plan Investment Board
(2) Despite subsection (1), the definition “government institution” in section 3 of the Access to Information Act, as enacted by subsection 141(2) of this Act, and the definition “government institution” in section 3 of the Privacy Act, as enacted by subsection 181(2) of this Act, 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 the application of those definitions to the Board.
PART 4ADMINISTRATIVE OVERSIGHT AND ACCOUNTABILITY
1995, c. 28Business Development Bank of Canada Act
229. Subsection 6(4) of the Business Development Bank of Canada Act is replaced by the following:
Marginal note:Appointment of directors
(4) The other directors are to be appointed by the Designated Minister, with the approval of the Governor in Council, 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 half of the directors.
R.S., c. C-2; 2001, c. 34, s. 14(E)Canada Council for the Arts Act
Marginal note:1995, c. 29, s. 10(E)
230. Subsection 4(2) of the Canada Council for the Arts Act is replaced by the following:
Marginal note:Other members
(2) Each of the other members of the Council shall be appointed for a term of four years.
R.S., c. C-7Canada Mortgage And Housing Corporation Act
231. (1) The definition “Chairman” in section 2 of the English version of the Canada Mortgage and Housing Corporation Act is repealed.
(2) Section 2 of the English version of the Act is amended by adding the following in alphabetical order:
“Chairperson”
Marginal note:Version anglaise seulement
“Chairperson” means the Chairperson of the Board, appointed pursuant to subsection 6(2);
Marginal note:1999, c. 27, s. 25(2)
232. Subsection 6(4) of the Act is replaced by the following:
Marginal note:Appointment of directors
(4) Each director, other than the Chairperson and the President, 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.
Marginal note:Replacement of references
233. The English version of the Act is amended by replacing “Chairman” with “Chairperson” wherever it occurs in the following provisions:
(a) subsections 6(1) to (3);
(b) section 9;
(c) subsection 10(2);
(d) subsection 12(1); and
(e) section 15.
R.S., c. C-10Canada Post Corporation Act
234. (1) The definition “Chairman” in subsection 2(1) of the English version of the Canada Post Corporation Act is repealed.
(2) Subsection 2(1) of the English version of the Act is amended by adding the following in alphabetical order:
“Chairperson”
« président du conseil »
“Chairperson” means the Chairperson of the Board, appointed pursuant to section 7;
235. Subsection 6(2) of the Act is replaced by the following:
Marginal note:Appointment of directors
(2) Each director, other than the Chairperson and the President, 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.
Marginal note:Replacement of references
236. The English version of the Act is amended by replacing “Chairman” with “Chairperson” wherever it occurs in the following provisions:
(a) subsection 6(1);
(b) subsection 6(5);
(c) section 7 and the heading before it;
(d) paragraph 11(c); and
(e) subsections 13(3) and (4).
1999, c. 17; 2005, c. 38, s. 35Canada Revenue Agency Act
237. Subsection 30(1) of the Canada Revenue Agency Act is amended by striking out the word “and” at the end of paragraph (c), by adding the word “and” at the end of paragraph (d) and by adding the following at the end of paragraph (d):
(e) internal audit in the Agency.
R.S., c. C-14Canadian Commercial Corporation Act
Marginal note:2002, c. 4, s. 2
238. Subsection 3.1(3) of the Canadian Commercial Corporation Act is replaced by the following:
Marginal note:Appointment of directors
(3) Each director of the Corporation, other than the Chairperson and the President, 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 expiry in any one year of the terms of office of not more than one half of the directors.
R.S., c. C-15Canadian Dairy Commission Act
Amendments to Act
239. The definition “Commission” in section 2 of the Canadian Dairy Commission Act is replaced by the following:
“Commission”
« Commission »
“Commission” means the Canadian Dairy Commission continued by section 3;
240. (1) Subsection 3(1) of the Act is replaced by the following:
Marginal note:Commission continued
3. (1) The Canadian Dairy Commission is continued as a corporation consisting of a Chairperson, a Chief Executive Officer and one other member.
(2) Subsection 3(4) of the Act is repealed.
241. Subsection 5(1) of the English version of the Act is replaced by the following:
Marginal note:Consultative Committee
5. (1) The Minister shall appoint a Consultative Committee consisting of a chairperson and eight other members.
Transitional Provision
Marginal note:Transitional — Chairman
242. On the day on which this section comes into force, the person occupying the position of Chairman of the Canadian Dairy Commission ceases to occupy that position and becomes the Chief Executive Officer of the Commission as if appointed to that position under section 3 of the Canadian Dairy Commission Act for a period equal to the remainder of the person’s term of office as Chairman.
1991, c. 8Canadian Race Relations Foundation Act
243. Subsection 7(1) of the Canadian Race Relations Foundation Act is replaced by the following:
Marginal note:Term of office
7. (1) Each director shall be appointed to hold office for a term not exceeding four years.
Marginal note:2005, c. 30, s. 45
244. Subsection 17(3) of the Act is replaced by the following:
Marginal note:Financial Administration Act
(3) Part X of the Financial Administration Act, except for sections 131 to 148 and 154.01, does not apply to the Foundation.
2000, c. 28Canadian Tourism Commission Act
244.1 Subsection 11(4) of the Canadian Tourism Commission Act is replaced by the following:
Marginal note:Term of office
(4) The directors appointed under subsection (1) hold office during pleasure on a part-time basis for a term not exceeding four years.
244.2 Subsection 12(3) of the Act is replaced by the following:
Marginal note:Term of office
(3) The directors appointed under subsection (1) hold office during pleasure on a part-time basis for a term not exceeding four years.
R.S., c. C-25Cape Breton Development Corporation Act
Marginal note:2000, c. 23, s. 8(2)
245. Subsection 4(2) of the Cape Breton Development Corporation Act is replaced by the following:
Marginal note:Appointment of directors
(2) Each director, other than the Chairperson and the President, 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.
R.S., c. C-46Criminal Code
Marginal note:1995, c. 22, s. 6
246. Subsection 750(3) of the Criminal Code is replaced by the following:
Marginal note:Disability to contract
(3) No person who is convicted of
(a) an offence under section 121, 124 or 418,
(b) an offence under section 380 committed against Her Majesty, or
(c) an offence under paragraph 80(1)(d), subsection 80(2) or section 154.01 of the Financial Administration Act,
has, after that conviction, capacity to contract with Her Majesty or to receive any benefit under a contract between Her Majesty and any other person or to hold office under Her Majesty.
R.S., c. 41 (4th Supp.), Part IIEnterprise Cape Breton Corporation Act
Amendments to Act
247. (1) The definition “Vice-President” in section 26 of the Enterprise Cape Breton Corporation Act is repealed.
(2) The definition “President” in section 26 of the English version of the Act is repealed.
(3) Section 26 of the Act is amended by adding the following in alphabetical order:
“Chief Executive Officer”
« premier dirigeant »
“Chief Executive Officer” means the Chief Executive Officer of the Corporation appointed under subsection 28(1);
(4) Section 26 of the English version of the Act is amended by adding the following in alphabetical order:
“Chairperson”
« président »
“Chairperson” means the President of the Atlantic Canada Opportunities Agency appointed pursuant to subsection 11(1) of the Atlantic Canada Opportunities Agency Act;
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