Federal Accountability Act (S.C. 2006, c. 9)
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Assented to 2006-12-12
PART 4ADMINISTRATIVE OVERSIGHT AND ACCOUNTABILITY
R.S., c. F-11Financial Administration Act
Amendments to Act
Marginal note:2001, c. 28, s. 51
266. Subsection 89.5(1) of the Act is replaced by the following:
Marginal note:Directive
89.5 (1) Notwithstanding subsections 85(1) to (1.2), the Governor in Council may give a directive under subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of the Canada–Costa Rica Free Trade Agreement that pertains to that Crown corporation.
267. Subsection 105(1) of the Act is replaced by the following:
Marginal note:Appointment of directors
105. (1) Each director, other than an officer-director, of a parent Crown corporation shall be appointed by the appropriate 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 of the corporation.
Marginal note:1991, c. 24, s. 50 (Sch. II, item 22)(F)
268. Subsection 148(1) of the Act is replaced by the following:
Marginal note:Audit committee
148. (1) Each parent Crown corporation that has four or more directors shall establish an audit committee composed of not less than three directors of the corporation, none of whom may be officers or employees of the corporation or any of its affiliates.
269. The Act is amended by adding the following after section 154:
Offence
Marginal note:Fraud against Her Majesty
154.01 (1) A director, officer or employee of a Crown corporation who, by deceit, falsehood or other fraudulent means, in connection with the collection, management or disbursement of money belonging to the corporation, defrauds the corporation of any money, securities, property or service is guilty of an indictable offence and liable on conviction
(a) if the amount of the money or the value of the securities, property or service does not exceed $5,000, to a fine not exceeding $5,000 and to imprisonment for a term not exceeding five years; or
(b) if the amount of the money or the value of the securities, property or service exceeds $5,000, to a fine not exceeding that amount or that value and to imprisonment for a term not exceeding fourteen years.
Marginal note:Employment
(2) A person who is convicted of an offence under subsection (1) in respect of a corporation is, after the time for final appeal has expired, ineligible to be an employee of the corporation.
270. The Act is amended by adding, after Schedule V, the Schedule VI set out in the schedule to this Act.
Coordinating Amendments
Marginal note:Commissioner of Lobbying
271. On the later of the day on which section 68 of this Act comes into force and the day on which section 270 of this Act comes into force — or, if those days are the same day, then on that day — Part III of Schedule VI to the Financial Administration Act is amended by deleting the following from column I:
Office of the Registrar of Lobbyists
Bureau du directeur des lobbyistes
and the corresponding reference in column II to the “Registrar of Lobbyists”.
Marginal note:Commissioner of Lobbying
272. On the later of the day on which section 68 of this Act comes into force and the day on which section 270 of this Act comes into force — or, if those days are the same day, then on that day — Part III of Schedule VI to the Financial Administration Act is amended by adding the following in alphabetical order in column I:
Office of the Commissioner of Lobbying
Commissariat au lobbying
and a corresponding reference in column II to the “Commissioner of Lobbying”.
Marginal note:Director of Public Prosecutions
273. On the later of the day on which section 121 of this Act comes into force and the day on which section 270 of this Act comes into force — or, if those days are the same day, then on that day — Part II of Schedule VI to the Financial Administration Act is amended by adding the following in alphabetical order in column I:
Office of the Director of Public Prosecutions
Bureau du directeur des poursuites pénales
and a corresponding reference in column II to the “Director of Public Prosecutions”.
Marginal note:2005, c. 46
274. On the later of the day on which subsection 39(1) of the Public Servants Disclosure Protection Act comes into force and the day on which section 270 of this Act comes into force — or, if those days are the same day, then on that day — Part III of Schedule VI to the Financial Administration Act is amended by adding the following in alphabetical order in column I:
Office of the Public Sector Integrity Commissioner
Commissariat à l’intégrité du secteur public
and a corresponding reference in column II to the “Public Sector Integrity Commissioner”.
Marginal note:2005, c. 46
275. On the later of the day on which section 20.7 of the Public Servants Disclosure Protection Act comes into force and the day on which section 270 of this Act comes into force — or, if those days are the same day, then on that day — Part III of Schedule VI to the Financial Administration Act is amended by adding the following in alphabetical order in column I:
Public Servants Disclosure Protection Tribunal
Tribunal de la protection des fonctionnaires divulgateurs d’actes répréhensibles
and a corresponding reference in column II to the “Registrar”.
R.S., c. F-13Freshwater Fish Marketing Act
276. (1) The definition “Chairman” in section 2 of the English version of the Freshwater Fish Marketing 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;
Marginal note:R.S., c. 1 (4th Supp.), s. 44 (Sch. II, item 15)(E)
277. Subsection 3(3) of the Act is replaced by the following:
Marginal note:Appointment of directors
(3) 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
278. 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) subsection 3(8);
(c) section 4;
(d) subsection 6(1); and
(e) subsection 17(1).
1990, c. 3Museums Act
279. Subsection 19(2) of the Museums Act is replaced by the following:
Marginal note:Appointment of trustees
(2) The trustees of a museum, other than the Chairperson and Vice-Chairperson, 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 four of those trustees.
R.S., c. N-3National Arts Centre Act
280. The definition “Corporation” in section 2 of the National Arts Centre Act is replaced by the following:
“Corporation”
« Société »
“Corporation” means the National Arts Centre Corporation continued by section 3;
Marginal note:1995, c. 29, s. 51
281. Section 3 of the Act is replaced by the following:
Marginal note:Corporation continued
3. The National Arts Centre Corporation is continued as a corporation consisting of a Board of Trustees composed of a Chairperson, a Vice-Chairperson, the mayors of the cities of Ottawa and Gatineau and six other members to be appointed as provided in subsection 4(2).
Marginal note:1995, c. 29, s. 52
282. Subsection 4(2) of the Act is replaced by the following:
Marginal note:Appointment of other members
(2) Each of the members of the Board, other than the Chairperson and Vice-Chairperson and the mayors referred to in section 3, shall be appointed by the Governor in Council for a term not exceeding four years.
R.S., c. N-4National Capital Act
Marginal note:1995, c. 29, s. 55(E)
283. (1) The definition “Vice-Chairperson” in section 2 of the National Capital Act is repealed.
(2) The definition “Commission” in section 2 of the Act is replaced by the following:
“Commission”
« Commission »
“Commission” means the National Capital Commission continued by section 3;
(3) Section 2 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 Commission;
284. The heading before section 3 of the Act is replaced by the following:
COMMISSION CONTINUED
Marginal note:R.S., c. 1 (4th Supp.), s. 44 (Sch. II, item 16)(E); 1995, c. 29, s. 54(1) and s. 55(E)
285. (1) Subsections 3(1) to (3) of the Act are replaced by the following:
Marginal note:Corporation continued
3. (1) The corporation called the National Capital Commission is continued, consisting of fifteen members including a Chairperson and a Chief Executive Officer.
Marginal note:Appointment of members
(2) Each member, other than the Chairperson and the Chief Executive Officer, 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:Appointment of Chairperson and Chief Executive Officer
(3) The Chairperson and the Chief Executive Officer shall each be appointed by the Governor in Council to hold office during pleasure for a term that the Governor in Council considers appropriate.
Marginal note:1995, c. 29, s. 54(2)
(2) The portion of subsection 3(4) of the Act before paragraph (a) is replaced by the following:
Marginal note:Members
(4) The members, other than the Chairperson and the Chief Executive Officer, shall be appointed as follows:
Marginal note:1995, c. 29, s. 55(E)
(3) Subsection 3(6) of the Act is replaced by the following:
Marginal note:Re-appointment
(6) A person who has served two consecutive terms as a member, other than as Chief Executive Officer, is not eligible to be re-appointed to the Commission, during the twelve months following the completion of the person’s second term, in the same capacity in which the person served.
286. Section 6 of the Act is replaced by the following:
Marginal note:Absence or incapacity
6. In the event of the absence or incapacity of the Chairperson or the Chief Executive Officer or of a vacancy in either office, the Commission shall authorize another member to act as such, but no person may act as such for a period exceeding sixty days without the approval of the Governor in Council.
Marginal note:1995, c. 29, s. 55(E)
287. Subsections 7(1) and (2) of the Act are replaced by the following:
Marginal note:Salary of Chief Executive Officer
7. (1) The Chief Executive Officer shall be paid a salary to be fixed by the Governor in Council.
Marginal note:Remuneration of other members
(2) The Governor in Council may authorize the payment of allowances or other remuneration to the Chairperson and to any other member having special duties.
Marginal note:1995, c. 29, s. 55(E)
288. Subsection 9(1) of the Act is replaced by the following:
Marginal note:Executive Committee
9. (1) There shall be an Executive Committee of the Commission consisting of the Chairperson, the Chief Executive Officer and three other members to be appointed by the Commission, at least one of whom shall be from the Province of Quebec.
Marginal note:1995, c. 29, s. 55(E)
289. Section 22 of the Act is replaced by the following:
Marginal note:Evidence
22. In a prosecution for the contravention of any regulation made under subsection 20(1), a certificate stating that any property described in it is under the control of the Commission and purporting to be certified by the Commission or the Chief Executive Officer, General Manager, Chief Engineer, or Secretary of the Commission shall be admitted in evidence without proof of the signature or official character of the person appearing to have signed the certificate and without further proof and, in the absence of evidence to the contrary, is proof that the property is under the control of the Commission.
R.S., c. P-14Pilotage Act
290. (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.
291. 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.
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